HomeMy WebLinkAboutORDINANCES-1989-048-O-89f' 1
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�7vanston Long Term Care Ord i nance o't the !-1 %`. l::1_
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-- :D__ 1 GENERAL S' ROV I S 1' iiIS {- NLt
a 15 -1 -1 , SHORT TITL" This Chapter c_.hai 1 be ::r,-ev:tn and ma`. -
be rit•ed as the IIEv,=tnstori Long Term Care Ordinance."
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=his Ord inanC_ and the PCI iCv 0`ne __ _ ;,T C'!r.i a'GCrtg
not s to estab l i sii eta n d a r d s y r=_Q 1 ati ons , and _.-i + eF I 5t L-+_,
r_y{_+•.lr- f3_;,? Trp'f_f,T1fI1=1 1a �! o-f care =tnd=L'p-,sr-vi=J+,n b
--r,C`!i ded to resi ents of tn`d long term Care _Fa,Ci L 1
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=:-II i. ;, a. r" 7 -%r'-. i .an! -I cr Z _Cr:. a ed of i ne=C t3 ='r =i n =_-� 1= ice C,e =.Cif;er-eu
and ram'_ an ?. s ' _=n=e -a operate
f r ' _ C% =-Eat s ach "aci i=.j;.al l
j if1�'t== the r=5±��ori'CS 1n,ji'•1i,3L;•al rlsC'e �t+Jr _-,r+3:-.-_:_(�EenT_
and.. i ,gin t` Es a._ = y _ ,3nner-
• +-'_ en`!1 O{lfi*rni '•d1-ii'_n r!-ir: _Ci ! i_ i
! i prOtsCt she ri g; = of ri sids!'iT=
Mevel rip a written ph-'--.
p r-ro,_;i i_j o.1 J ♦1:H Y'.J rc. n �$ i'_: er=i)f tS?e` .y i', •a._'-;?s- •ra `:j y
_.;emonstrata'good management.
B-15-1-3: ADOPTION OF STATE RULES AND City
adopts s by reference T "Minimum _ _ _. d=- ides.-aned The
- �_^ __ _nu --'i=:�r"�.'i .mot- Rules
Regulations for Classification any ! is =n"sure of Long Term Care
Facilities," as _'romu1_e=_d by the Illinois Departmentof public
Health, pursuant `o the "Nursing i Home Care
r
• tat=. c !_h. 111 _ 2,paragraphs 41 1-1 ii at cc_ _ 1?87 as may
from time to time be amended. Violation of .an'-_ of c_.eiit Rules
andRegulations shall be considered a d`i of ai i _n of
the
• Provisions of _i41s Chapter, provided 1._T_
p [
(A) Any reference it said Rules a f d Regulations to "Department"
.Dera _m_rF
_R_!1 roe- to the Evanston Health Department;
A n - reference n said s Rules a 1 �,j Regulations o ' I 1 5 - a '
shall 1 refer to the Public Health Director of the Evanston
Health Department; and
_. Any reference In said ^;{_!1e= and h:egui-•-i-•-= to "Fire _:;_=-r .
shall refer to the Fire Chief ci the Evanston Fire
One (1) copy of said Minimum Standards, r'.;1!les .and Regulations
shall be kept In the 1' __ of the City vl=r:•. ar'.!d the Evanston
Public Public Library and available for p{_Rhiic use, inspection, and
examination for a period of at least fifteen .15) ,-;.ays prior to
the effective date h•_ r e o'r' . At least .+_i n e & i ? copy of said Rules
and Regulations shall be available for public inspection in We
office of the Director,
8-15-1-0 CONSTRUCTION OF CHAPTER.
(A) This Chapter shall be liberally construed and applied to
promote its purposes and policies.
i_'j Nothing in this Chapter small be construed as authorizing
the medical supervision, regulation or control of the
All remedial care or treatment of residents in •any facility
conducted for those who rel`? Upon treatment by prayer '=+'f
spiritual means, in accordance with the creed or tenets of
any well -recognized church or religious domination.
(C) The provisions of this Chapter are severable, invalidity 0+
a.n`;` provision herein shrill not invalidate the remaining
provisions.
_--15-1-5: ADMINISTRATION: The City Manager or his/her-
designee shall administer this Chapter and may, with the review
of the City Council, promulgate regulations to carry out its
enforcement.
<.-15-1-6; DEFINITIONS:
ABUSE Any physical or mental injury inflicted on a
re=_ident other than by accidental means; or aii'•i
sexual assault inflicted on a resident, in a
facility or while engaged in an activity sponsored
by the facility. There is = presumption that
abuse has occurred whenever ;there has been some
harmful or offensive contact with a resident which
has injured or threatens to injure or harm the
resident. Physical contact with .a resident for
the purpose of retaliation, even in response to a
physical attack or 'verbal abuse, is never_
justifiable and does constitute .abuse.
ACCESS The right to:
A. Enter any facility;
B. I._:i,!T1Tunlcat._ privatelyand +',i_-_i-out restriction
with any resident who consents to the
communication;
I Seek
consent to communicate z ♦:`_! __l r
without restriction with any resident;
D. Inspect clinical and other records of a
resident with the express written consent of the
resident; and
E. Observe all areas of the facility except the
living area of any resident who protests the
observation...
ACTIVITIES OF
Include but are not limited to the +oliowing^
DAILY LIVING
walking, bathing, shaving, brushing teeth,
(ADL)
combing hair, dressing, eating, getting in and
out of bed, doing g laundry, y, cleaning rooms,
managing money, shopping, using public
transportation, writing letters, using the
telephone, arranging and keeping appointment=_•,
taking medication, using leisure time, and ;.using
vehicles or wheelchairs.
ACTIVITY
A specific planned program of varied_r_•_tp and
i-`t'iO}-r'tAM
individual activities geared to the individual
resident's needs and available for a reasonabie
number of hours s each day. The program is
designed for personal enjoyment and to encourage
self -care, to maximize residents' personal
enjoyment, to develop interpersonal =_•=;ils, and
to enhance residents' development. The program
also includes activities to integrate the
residents into the recreational and leisure time
activities outside the facility.
ADEQUATE
Enough in either quantity or qual i t'.i , as
determined by a reasonable person familiar with
the professional standards of the subject under
review, to'meet the needs of the residents of
the facility under the particular set of
40
circumstances in existence at the time or
review.
ADMINISTRATIVE A notice to a facility issued by the
WARNING Department, which indicates that a situation,
condition, or practice in the facility violates
this Chapter, or State `standards, and isnot a
Type A, B, or }C Violation, as defined in This
Chapter.
ADMINISTATOR A person who is charged with the general
full-time administration and supervision Of a
.a s i i s } "`Home
facility and i licensed under the "Nursing
Administrators Licensing Act," ill. Rev. tat.,
Ch. ill, par. 601 et seq. i1?E77, as now or
hereafter amended.
ADVANCED A document allowing a resident to give
DIRECTIVE directions about future medical care and to
designate who should make those decisions in the
event of the resident_ decision -making
incapacity. Two types exist: a treatment
directive` known in Illinois as a Living Will;
and a proxy directive known in Illinois as a
Durable Power of Attorney for Health Caren
• AD`•f!_l1.,ACY The act or process of representing the interests
of an individual or group so that: rights to
which the individual or group are entitled are
recognized; legally mandated services are
obtained; barriers are removed from obtaining
these mandated services; and conditions are
improved for the individual or group. .
HLIVOCATE An individual or representative 0i a
community organization or agency who is
assisting residents in asserting
se_ rights
or in obtaining full enjoyment of their
rights. Advocates may not charge for their
services, nor may there be a commercial
purpose.
AFFILIATE A. With respect to
p_-- � a partnership, each
partner- thereof;
• D. With respect to = corporation, each
officer, director, and stockholder thereof;
C. With respect to a natural person, any
person related in the first aegree of kinship
to that person; each partnership and each
partner thereof which that person or an-
affiliate of that person is a partner; and
each corporation in which that Gerson or any
affiliate of that person is an officer,
director or stockholder.
APPLICANT Any person making application for a license.
CARE PLAN See individual care plan.
CARE REVIEW An interdisciplinary team responsible for
COMMITTEE assessing the needs of a resident, and
developing and evaluating the individual care
plan.
CERTIFIED A person who is eighteen
p g n v,13) '.ears or older
NURSE'S AIDE who has completed an approved Basic Nursing
SCNA? Assistant Program and has passed the
proficiency examination, as established by
the Illinois Department of Public Health.
is
A person who holds a clinical social work:
SOCIAL WORKER license under the Cl i n i cal Social Work:
Practice Act, Ill. Rev. Stat., Ch. ill, par.
6351 et seq. (1989).
COGNITIVE
A syndrome of physical and neurological .
IMPAIRMENT
disorders, which may include a diagnosis of
Alzheimer s Disease or a related disorder and
is manifested in one or more of the following
symptoms not attributable to drug
intoxication or intolerance or depression:
gradual memory loss, decline in ability to
perform routine tasks, including ADLs;
impaired judgment; disorientation; sleep
dysfunction; personality or behavioral
changes; diminished learning capacity; loss
of control; and loss of language gage skill,
characterized by progressive decline; may be
diagnosed by a physician as irreversible.
COMMUNITY
An individual who is selected by the
REPRESENTATIVE
resident council to serve as a voting member
of the council, but is not a resident of a
facility. This Gerson may represent a
community organization, advocacy group or -
religious organization, and may be family or -
friends of residents or be a volunteer �nteer at the
facility. The person shall not be on staff
•
of the facility, or have any financial
interest in the operation of the facility-.
He/she shall not be a member of the board of
the facility.
DAY
Calendar- day, unless specified in this
Chapter as working day.
DEPARTMENT
The Evanston Health Department.
-4-
DISABILITY which:
( D i 1 )
A. .s attributable to a ? ental or physical
impairment or combination of mental and
physical impairments;
B, Is manifested before such person attains
ape twenty-two (22)
• C. is likely to continue indefinitely,'
D. Result_ in substantial functional
limitations in three 3) or more of the
following areas of major life artivi y:
1, Self -care,
2. Receptive and expressive languageg
3. Learning,
4. Mobility,
5. Self -direction,
6. Capacity for independent living, or
-io Economic sufficiency; and
E. Reflects the rper_.on's needs for a
combination and sequence of special,
interdisciplinary or generic care, treatment
or other services which are � of lifelong or
extended duration and are individually
planned and coordinated.
DIRECT CARE
All staff of a facility other than admi ni s-
• STAFF
trative, dietary, food service, janitorial
and housekeeping staff.
DIRECTOR
The Public Health Director of the Evanston
Health Department.
DISABLED PERSON
A person eighteen (18) years r-s of age or older
who a) because of mental deterioration or
physical incapacity is not filly able to
manage his person or estate, or b) is
mentally -ill or developmentally disabled and
who because of his mental illness or -
developmental disability ' is not fully able to
manage his person or estate, or W because W
gambling, idleness, debauchery, y, or excessive
use of intoxicants or drugs, so spends or
wastes his estate as to expose himself or his
family to want or suffering. ill. Rev.
v_i't_at, , Ch. 110-1. 2, Section i la-.:... .l'?B7
DISCHARGE !he full release of any resident froma. facility.
EMERGENCY A situation, physical condition or one or
more practices, methods or operations which
present imminent danger of serious physical
or mental harm to resident(s) of a faci l i tY.
•FACILITY H private home, institution, building,
residence or any other place or oar"'_ thereof,
whether operated for profit or not, or .a
county home for the infirm and chronically
.
`
1 coo,'EL a a I Ora ann L Vo '� a
Act- as :ow or nereafter ameccec, ^ or my �
county pursuant to "An act in reintion to
homes for the ageo^ approven D'^i|' 21. M4.
as now or hereafter amendec, 0 or any
simi1ar institution c'ersted oy a politics:'';
suodivzsion of Me State, Orion provioeH,
through its ownership or managamenr, perEonal
care, shaitered care or nursing for tnras `W
or more persons not related to the comer or
Molicant by blood or marriage. it inc!UQes
facilities
±01led nursing and in�ermedi�t�
care taciiities, as rhoEe terns are oefina_�i
in Titie xVIil and Title Z1A ur tme Feoersl
Eocial Security ACV, as �uv Cr nereaire,'
amendeo." It also inc1uoes instinutzons
ano a:v other place cpsrazzng a Kcmmunit�
Living Faczizty as oefineo in the `�cm`nuniry
Living Facility uhcenszng Act'"' and a
-Community Residential AlLernavivs" as
dsfineo in the ^Lommur.zcy �esi�enc�a�
A1ternatzves Licensing Act"
does not iccluoe the fol1cwiog:
A. A nome, institution or cc!`er piac�
operated by the federal goyernment, agency
thereof or oy the State.-
S. A Mospikal' sanitarium or other
institution woose prinaipal buHinesn or
activity is the diagnosis, cars, anu
treatment of human illness r/o'ougr Ure
- ~
maintenance and lzperaticn as on organzce�:!,
facility therefore which iH requiceo to
1icensed under the ''Hospital Licensing Act"
as now or hereafter amended, ' Except to
the extent the instizuticn operated a
"Facility" as defined herein; or
''Facility
C. A for Child Care" as de§zneo
the "Child Care Act of 1960" as now ar
hereafter amended.,.-.)
FIRE CHIEF
The Fire Chief of the EvanEton 7irs
Department.
SCALS
Long range outcomes that are generally
expected to be achieveo by a reyio2nr wzcoin
one to five years and that are stated in
measurable terms so tnat ��`eir stinznoeno l=n
be determined.
6�J H. i__':DIAN
ri person appoinreo as a guardian oi tRe oe/Aen o,'
guardian of the estate, cr bcth, of a resio�nt
under the "Prooate Act of iTT5' ` as now cr
hereafter amended, 1ll. Rev. Mnt., Ch. 110-1/2,
par. 1-206 (1587/.
l.
111.Rev.Etat.,
Cn, 64"
Paragrapms bss1-0169 QTG/t
�.
I11.Rev.Stat.,
Ch. 34,
Paragraphs 3561-W71 (!+8i)
3.
411 U.3.0.
Sections 1003-iWs /&6T`
4.
lll.Rev.�tat.,
Ch. ill-k/2
Paragraphs 0161-4iK (1437)
5.
111.Rev.Stat.,
Ch. 91-1/2
Paragrapns 62i- bin �i%7)
6.
��.
M.Rev.Stat.,
Ch. ii1-1/2
Paragraphs 4161-4103 0987�
7.
I11.Rev.6tat.,
Ch. 11i-1/2
Paragraphs 14i-M (176Y''
6.
lll.Rev.Stat.,
Ch. 23,
Paragraphs 221i-2200 k1987)
HABILITATION
The process of educatiQn and training, througi.n.
which the staff of a facility assists residents in
acquiring and maintaining those life skills which
enable them to cope more effectively with
activities of daisy living and demands of living
in the community. Habilitation seeks to raise the
levels of residents' physical, mental, and social
functioning.
INDEPENDENT
A person who can do all activities of daily
LIVING
living without assistance and who can care for
• STATUS
his/her own health needs without .any nursing
_
RESIDENT
care,management�_ Ipe or'! determined .at
, r supervision �'�
admission and in .a semi-ann+_ial review by a
(ilulti-disciplinary team.
INDEPENDENT
H separate floor or section of a facility that
LIVING UNIT
is staffed separately from ether portions of the
facility and which is occupied solely by those
residents who meet the requirements of independent
living, as defined in this Chapter.
IMMEDIATE
the spouse, an adult child, a parent, an adult
FAMILY
brother or sister or an adult grandchild of '=
person.
INDIVIDUAL
A written plan of care for each individual
CARE PLAN
resident cased on a comprehensive
interdisciplinary assessment of the resident's
total needs. The plan identifies goals,
objectives, and activities based on the
assessment, and provides the basis for evaluation
of resident outcomes, as directed in Section
8--15-3-:0) ;_I of this Chapter. it may also be
referred to as the care plan, pion of '__re,
resident care plan, treatment plan, or -
rehabilitation plan.
LICENSEE
The individual or entity licensed by the
•
Department to operate the facility.
LIFE SAFETY instruction in basic first aid proc_d!!resi
TRAINING cardiopulmonary resuscitation, Tire safety,
artificial respiration, emergency evacuation
procedures, water safety, and any other training
relevant to maintenance of a safe environment and
reduction of the risk: of harmful or
life -threatening situations.
LONG-TERM See "Facility''
_ARE FACILITY
r'1(-Y In this Chapter, an auxiliary term used to express
permission or opportunity.
MAINTENANCE Food, shelter, and laundry services provided for
residents.
MEDICAL Written chronological transcript of information
RECORD regarding a resident, obtained from a resident,
guardian or representative and staff servicing the
resident.
'IEN T A.L A primary or secondary diagnosis of mental
ILLNESS disorder (as defined in the Diagnostic c and
isEdition),
Manual of Mental Disorders, d
Edition) , and not a primr_'-+.r'`a diagnosis of Cognitive
impairment or a related disorder. May include a
disability evidenced by behavioral problems which
are not associated with a diagnosis of Cognitive
impairment or a related disorder. Title iVj
Subtitle {, Nursing Home Reform, Part _ p Medicaid
NEGLECT A failure of a facility to provide au e ua+_ e
medical or personal care or maintenance in a
facility or while engaged in an activity sponsored
by the facility, which failure results or may
result in physical or mental injury a resident
or in the deterioration of a resident's physical
or mental condition. There is a presumption t^at
neglect has occurred whenever a facility fails to
provide a treatment or service to a resident which
• is necessary to maintain or improve his/her health
or safety, !finless such treatment or service is
prohibited by an advanced directive; and the
failure to provide that treatment or service
results or may result in a lack of expected
improvements or a noticeable deterioration of
his/her physical or emotional condition.
NURSE A registered nurse or a licensed practical nurse,
as defined in "The Illinois Nursing Act," !!!-
Rev. Stat. , Ch. ill, par. 0402 (1` 87), as now or
hereafter amended.
OBJECTIVE A statement of a result to be achieved or a point
to be reached in the implementation of a goal in
the Individual Care Plan.
OMBUDSMAN A person who represents a legally -designated
obmudsman program, as defined in the "Older
Americans Act" , 42 U.S.C., section 300 et seq.
• (19M, as amended, and who has ` h e authority to;
ai have immediate access to the facility;
have -immediate access to any resident,
subject to the resident's right to deny or
revoke consent to the personal visit at any
time; and have access to examine a
• resident's record, with the permission of
the resident or guardian, consistent with
state rules and regulations regarding
confidentiality;
b] receive, investigate, and attempt to
resolve complaints filed by or on behalf of
residents of facilities relating to action,
inaction or decisions of providers of long
term care services which may adversely
affect the rights, welfare, safety or
health of such residents;
W visit, tali.: with, and matte personal,
social, and legal services available to
residents;
di inform residents of their rights and
entitlements under local, state, and
federal laws;
e: assist residents in asserting their
rights by means of personal advocacy or in
groups, such as resident councils and floor
meetings;
f i consult with the facility staff and
administrator in order to negotiate or
offer solutions to issues discovered in the
course of carrying out the ombudsman
program; and
g) refer to, and consult with, appropriate
-a-
local, state, and federal agencies
regarding the conditions of facilities.
OWNER The individual, partnershi o . cor post i on a
association, or other person who owns a . _-=i l i ty.
In the event a facility is operated by s person
who leases a physical plant owned by another
person, "owner" mean_ 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 of this Chapter imposed on an owner.
PER'"ONAL CARE Assistance with meals, dressing, movement, bathing
or other personal needs, or maintenance, or
general supervision and oversight of the physical
.and mental well-being of an individual, who is
incapable of maintaining a private, independent
residence or who is incapable of managing his
person, whether or not a guardian has been
appointed for such individual.
PH`rSICIAN A person licensed by the Department of
Professional Regulation to practice Medicine or -
Osteopathy.
PROTECTION The continuing responsibility of a f ac i l i t - to
take all necessary actions- to insure residents a r e
free from physical harm, intimidations
humiliation, and exploitation of any kind.
PSYCHIATRIST A physician who has had at least three years or
formal training or primary experience in the
diagnosis and treatment of mental illness.
• PSYCHOLOGIST A person registered pursuant to Section =_of the
.S
Psychologist Registration Act, Ill. Rev. cat.,
Ch. 111, par. 5=0 (1987).
QUALIFIED MENTAL A certified, registered or licensed mental
RETARDATION retardation professional who provides services
PROFESSIONAL under this Chapter. A QMRP must meet one of
iQMRPI the following criteria, and, in addition, must
have a minimum of one year of supervised
specialized training in direct care V persons who
are developmentally disabled, which training is
approved by the Li rector 'of the Mental 1 Health
:Board.
1. A physician licensed by the Department of
Professional Regulation to practice Medicine or
Osteopathy.
2. A psychologist registered Pursuant to Section
of the Psychologist Registration Act, !I!. Rev.
`;tat., Ch. 111, par. 5303 (1987) a
A clinical social worker or social worker
licensed under the Clinical Social Work Practice
Act, Ill. Rev. Stat. , Ch. 111, par. 6351 =- seq.
(1989), who has a master's degree in social work
or counseling from an accredited school;
• 4. A registered nurse licensed pursuant to
Section 2 of the Illinois Nursing Act,.
Ill . Rev. Stat. , Ch. 111, par. =402 198 ) g
5. An occupational therapist registered pursuant
i
•
to Section _ of the Occupational Therapy
Practice
Act, (= •_ } I ± 1 . 1'ti e `� - `� % ._i'C . g '•1 ii . !I!, par. 3703 '. 1 9 8 / 1 or
6. An individual who holds a master's degree or
higher in psychology, sociology or•co+!nselinq and
who is certified or registered by the Commission
for Rehabilitation Counselor Certification, the
National Board of Certified Counselors or .a
national or state certification board or
commission which certifies- practitioners on the
basis of education and training, work experience,
and examination.
REASONABLE HOUR �R Any time bet � . between the hours of _fight O'clock <.E;�i���;'
A.M. and eight o'clock: (8:0 ,) P.M. daily.
RECREATIONAL AND Elements of a resident's daily life in which
LEISURE ACTIVITY participation may be planned, requested or
self -initiated to meet the resident's need to
find personal enjoyment.
RECURRENT Two or more violations within a facility, which
VIOLATION are similar in nature and, in the opinion of the
Department, demonstrate an ongoing pattern, or
practice which indicates a deficiency in the
facility's operation.
REHABILITATION Actions directed toward the alleviation of a
disability or toward increasing a person s level
of physical, mental, social or economic
functioning.
REPEAT VIOLATION A violation which has been cited during a previous
inspection of the facility and which has not been
corrected pursuant to an approved plan of
correction or order of abatement, as indicated by
a subsequent inspection.
• RESIDENT A person residing in a facility and receiving
personal care from the staff of a facility.
RESIDENT A formal organization composed at and
ADVISOR`r operated by residents and established by the
COUNCIL facility to be a forum for residents to;
1) express their views, opinions, and concerns;
2) obtain and disseminate information regarding
their facility and long term care issues, in
general,
3) present complaints on behalf of one or several
residents to the following:
a) the facility administrator;
b) the legally -designated ombudsman;
c) the Evanston Health Department, or
d) other organizations responsible for
investigating such complaint=_,
4) identify problems and make suggestions for -
timely resolutions of those problems; and
• 5) review policies and procedures for implementing
residents' rights and making recommendations for
changes.
- 10-
RESIDENT'S A person other than the owner or an agent Or
REPRESENTATIVE employee Of a facility designated in writing by a
resident to be his/her representative, or the
resident's guardian.
RESTRAINT The direct restriction of movement of the ii,?bs,
head or body of a resident through the use of
mechanical means, personal physical force, or The
use of drugs.
SECLUSION Sequestering a resident in a room by which there
• is no means of exit except with staff assistance.
SELF- The ability to follow directions and
PRESERVATION recognize impending danger or emergency situations
and to react by avoiding or leaving the unsafe
area.
SHALL in this Chapter, an auxiliary term used to express
obligation or imperative requirement.
SHELTERED CARE Maintenance and personal care.
SHELTERED A structured vocational program designed to
WORKSHOP enhance residents' productivity, and which may
provide them remuneration.
SOCIAL HISTORY A written assessment which is part of the
ASSESSMENT resident's medical record and includes the
following: personal and family history in as much
detail as possible, history of mental health
treatment and intervention for the previous five
(5) years, history of alcohol or substance abuse
for the previous five (5) years, legal status,
financial status, level of education or training,
work: history, mental status, and communication
skills.
• 'SOCIAL WORKER An individual who holds a -social work: license
under the Clinical Social Work Practice Act, Ill.
Rev. Stat., Ch. 111, par. 6351 et seq. (i?8?) and
who has a master's degree in social work: or
counseling from an accredited school.
STAFF An organized orientation and continuing_
DEVELOPMENT education program, for employees which
AND TRAINING includes, but is not limited to, orientation,
skill development and supervision, and in-service
training.
STATE ACT Nursing Home Care Act, Ill. Rev. Stat., Ch.
111-1/2, paragraphs 4151-101 et seq. (1?E+7) as
now or hereafter amended.
STATE STANDARDS Minimum Standards, Rules and Regulations for
Classification and Licensure of Skilled Nursing
Facilities, Intermediate Care Facilities,
Intermediate Care Facilities for the
Developmentally Disabled, Sheltered Care
Facilities, and Residential Rehabilitation
Facilities promulgated under the State Act.
STOCKHOLDER Any person who, directly or indirectly,
beneficially owns, holds or has the power to vote,
at least five percent (J/) of any class of
• securities issued by a corporation.
SUPERVISION Guidance and protection of residents in the
OF RESIDENTS activities of daily living, including but not
limited to the following:
-11-
H fissuring that residents observe their
medication schedule;
B. Assuring that residents participate in
activities of their choice that are carried out on
an hourly, daily or weekly y basis;
C. Assuring that residents keep appointments;
• D. Monitoring residents' general whereabouts,
even though they may travel or move abort the
community; and
E. Maintaining a safe environment and reducing
risk: of life -threatening situations.
TITLE =VI I I Title XVIII of the Federal Social. 'Security Act as
now or hereafter amended, 4= U.S.C.,sec,
1=y5
(1988).
TITLE XIx Title XIX of the Federal 'Social Security r-ity Act as
now or hereafter amended, 42 U.S.C., sec. 139
(1988).
TRANSFER A change in status of a resident's living
arrangements from a facility to a hospital or
another facility for temporary care. j A transfer
is not a discharge within the meaning of this
Chapter.
TYPE `A' A violation of this Chapter or o+ the
VIOLATION State Standards 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.
• TYPE ''S' A violation of this Chapter or of the
VIOLATION State Standards which creates a condition or
occurrence relating to the operation and
maintenance of a facility directly threatening to
the health, safety or welfare o+ a resident.
TYPE '+C' A violation of this Chapter or of The State
VIOLATION Standards which creates a condition or occurrence
relating to the operation and maintenance of a
facility indirectly threatening to the health,
safety or welfare of a resident.
VOCATIONAL An organized program in which a resident
TRAINING acquires the skills necessary to ee perform a
PROGRAM specific job.
WORK ACTIVITY A transitional, time -limited structured program
which is provided for the purpose of developing
and maintaining residents' capabilities.
5-1=-2s LICENSING REQUIREMENTS:
8-15-2-1: LICENSE REQUIRED: No person or entity may
establish, operate, maintain, or advertise a facility within the
City without 11btainineg a :sale municipal license therefor which
license remains unrevoked and unexpired.
is(A) No public official or employee may place any person in or -
recommend that any person be placed in any facility which is
being operated without a valid license.
if the Department is denied access to -. Private r-,_me_
institution, building., residence or .any other plate which it
reasonably believes is required to be licensed as a facility
under this Chapter, it shall request intervention of local,
County or State law enforcement agencies to seek an appropriate
court order or warrant to allow the Department to enter and
inspect the facility and to examine or interview the residents
and staff of such private home, institution, building,
residence or place. Any person or entity preventing the
Department from carrying out its duties under this `.Section
shall be in violation of this Chapter and shall be subject to
• penalties hereunder-.
S-15-2-2: LICENSE PROCEDURE`: Each applicant shall submit a
completed application form and the required additional information
prior to issuance of a license. No application shall be considered
complete until 1 all required information is submitted. The
procedure for obtaining a valid municipal license shall be as
f of 1 ows.
(A) Application to operate a facility shall be made to the
Department an forms furnished by the Department. if the
application is for renewal of a license, it shall be submitted
at least one hundred twenty (120) days, but not more that one
hundred fifty (150) days, prior to license expiration. The
.applicant shall be !ender oath. Pursuant to section 3-103 of
the State Act, the submission of false or misleading
information shall be a Class A misdemeanor in addition to a
violation of this Chapter. The Department shall refer
suspected violations to the State's Attorney or the Attorney
General for investigation. Ail applications shall contain the
following information:
1. The name and address of the applicant, if an individual
and if a firm, partnership or association, of every member
thereof; and in the case of a corporation, the name and address
thereof and of its board of directors, officers, stockholders,
and its registered agent and in the case of a unit of local
government, the name and address of its chief executive
officer;
2. The name and location of the facility for which a license
is sought and the name of the beneficial owner (s) . of the
premises and facility;
3. The name of the person (s) or entity ender whose management
or supervision the facility will be operated
4. The number and type of residents for whom maintenance,
personal care or nursing is to be provided; and
C. A statement attesting to the good moral character of the
applicant and employees.
(B) All applications shall be accompanied by the following:
1. A statement of ownership, which shall be public
information, available through the Department, and whirh shall
set forth the following:
a. The name, address, telephone number, occupation or -
business activity, business address, and business
telephone number of the person who owns the facility .and
every person who owns and operates the building in which
the facility is located.
b. If the owner(a) . of the premises is a partnership, or
corporation, the name and mailing address of the
registered :agent, e`,tery partner, director, officer, and
stockholder-,
-13-
C. he address of all other facilities, if any, in which
the applicant holds or mas held a i i fancial interest
within the past five (5) years;
2. Such information relating to the number, experience, and
! a n1 +� f the facility, i ', ._h Department '!- i r -•� _+'9' the e employees �! 1 1 �1 P t? �_-, (� a ;' f' 'Y '• ,_;'-. the
may deem necessary;
-. Any ;management agreements for the operation of the
facility;
;
• 4. A financial statement audited by an independent , certified
public accountant, utilizing generally accepted Principle::; W
accounting, setting forth the financial condition of the
applicant for the most recently completed fiscal year, if any,
or initial fiscal period, and a copy
of the applicant's mfo .1_
recently filed federal income tax return, or a federal annual
information return form 990 if a not -for -profit organization;
`•_+. 14 i the case of new construction or the conversion of
existing structures, preliminary plans and specifications for
the proposed facility;
6. A list of other programs, services, institutions,
facilities and activities operated by the applicant;
7. The current .annual operating budget for the first Year wit!l
a statement of the Rinds that have been or are projected to be
committed to the operation of the facility and the sources of
those funds;
- 8% Certified copies of any Medicare and/or Medicaid
certifications;
9. Other information necessary to determine the applicant's
identity and qualifications to operate a facility in accordance
with this Chapter, as required by the Department;
• 1° An agreement to update all information in the application
and its attachments within ten (10) days of any change thereto;
and
11. An annual license fee of Three hundred dollar 1$300.00),
plus thirty r i 30�+;_0) per licensed bad. to be? refunded
;.,1 � .hir dollars :�•_ p - - -
should The application be denied.
(0) in addition, initial applicants shall provide:
1. A permit, as required by the "Illinois health Facilities
Planning Act," iil. Rev. St.at. , Ch. 111-1. 2, paragraphs ll__ t
seq . (1987) .
2. A certificate from the 11Ppartment of Housing and Property
Services stating that the building or structure to be used as a
facility complies with the requirements of the Evanston
Building Code
and the t'1stn5tu'n Zoning Ordinance;
3. Current and any previous experience with long term care
facilities;
4. H specific written plan for developing and securing
expertise in the management of facilities, programs, and
services. Applicant must. sdemonstr ate current ability to
provide programming and services appropriate for the population
to be served, to monitor individual functioning, and to assist
individual residents to make appropriate changes consistent
with individual needs; and
app, i - a i -.. fee of two _nousan`-'
(0 ) After receipt and review of the appropriate to appl i eat i on, and
before a license is issued:
1. The Director shall ,_ai.?se an inspection to be made of the
appii{__int s facility any premises b the Department, by the
Fire Department, and by toe Department of Housing ._-.'-.nd 'p-oper't
Services.
• 2. The Director of the Department of Housing andKrOp-rM
e' Servics shall determine whether the building or stri_ic is it
occupied by the facility complies with the applicable
provisions of the State Standards and the Evanston '-CiT'`.='' Code;
any
-a The Fire Chief shall determine whether the building and
premises meet the minimum applicable life safety standards
established by the State Standards and he Evanston City Code.
B-15.>_-_ a LICENSE ISSUANCE: The Director shall issue a
license if it is found:
tip; That the applicant is responsible and suitable to operate or
to direct or participate in the operation of a facility ter'•.,•
virtue of sufficient financial resources, appropriate business
or professional experience, a record of compliance with lawful
orders of the Department and the provisions of this Chapter,
and absence of revocation of a license to operate a facility
within or without the State during the previous five ,,:'_ )
years; has submitted a completed application and the required
additional information; and currently is able to provide
programming and services appropriate for the population to be
served, to monitor individual functioning, and to assist
residents in marling appropriate changes consistent with their
individual needs.
(B) That the facility is under the supervision of a licensed
administrator; and
[! : j That the facility is in substantial compliance with this
Chapter.
8-ic._ -4aCONTENTS,LICENSE: it_e1-se gr� rt _i �i
_ _ _ � . a Ti=i^:1 ! > ii- Any license granted s _ _ •
the Director shall state the maximum bed capacity for which it i
granted, the rate the 'license was issued, and the expiration
date. !jlich licenses shall be issued for a period of one year.
However, the Director may issue licenses or renewals for periods
of less than one year in order to distribute the expiration dates
of such licenses throughout the calendar year, and fees for �r such
licenses shall be prorated on the basis of the portion of a year
for which they are issued. Each license shall be issued sni for
-_ t-s e facility and persons named in the application and shali
be transferable or assignable.
8-15-2-5 o PROBATIONARY LICENSES ON INITIAL APPLICATIONS.
For all initial license applicants, the Department shall issue _.
probationary license except where the � issuance of _ conditional
license
is warranted, as determined by the Director. ,
probationary license shall be valid for one hundred twenty (120)
days unless sooner revoked pursuant to _ect:. n - 1v-.>_ _ below.
Within thirty (30) days prior to the termination of a pr=eb.ationar"y
license- the Department stall fully and completely inspect the
facility and, if he facility sheets the applicable requirements
for licenl+re, a-ati issue a license under Section B-15-2-3
above. If the Department finds that the facility does not meet
the requirements for licensure, but has shade substantial progress
toward meeting those
- i `_ —
requirements, probationary license renewed once for
period not to exceed one hundred twenty MO) days from the
"pira ion date of the initial probationary license.
5-15-2-6a ISSUANCE, RENEWAL NOT A WAIVER: The issuance or
renewal of a license after a )Notice of Violation has been sent
shall not constitute a waiver by the Department of its right to
rely on the violations as the basis for subsequent license
revocation or other enforcement action arising out of the Notice
of Violation and 'statement of Violations.
. 8-15-2-7 ; TRANSFER OF OWNERSHIP: Whenever ownership of a
facility is to be transferred from the license named in the
license to a new owner who is applying for a license:
(A) The transferee must obtain a new license. The transferee
shall notify the Department in writing of the transfer and
apply for a new license at least thirty (0) days prior to
final transfer.
(B) The transferor shall notify the Department in writing at
least thirty {0) dams prior to final transfer. The
transferor shall remain responsible for the operation of the
facility until such time as a license is issued to the
transferee.
(C) The license granted to the transferee shall be subject to
any plan of correction imposed by the Department or
submitted by the previous owner and approved by the
Department; any court orders; and any conditions contained
in a conditional license issued to the previous owner. The
Director may issue a conditional license to an applicant in
lieu of a probationary license if the facility ;need a.
conditional license at the time the applicant purchased the
facility and the vi of ati.ons resulting in the issuance of a
conditional license have not been corrected.
Q) The transferor and transferee shall remain jointly and
severally liable for all penalties, except monetary fines,
lopassessed against the facility which are imposed +or
violations occurring prior to transfer of ownership. The
transferor shall remain liable for all monetary penalties
imposed on the facility prior to transfer of ownership.
8-15-2-8= DENIAL OF APPLICATION; REASONS: An application
for a license may be denied for any of the following reasons
(Ai Failure to meet any of the applicable provisions of this
Chapter;
(B ) Conviction or imposition of supervision, probation, or
conditional discharge of the applicant, or if the applicant
ia a firm, partnership or association, of any of its
members, or if a corporation, the conviction or imposition
of supervision, probation or conditional discharge of the
corporation or any of its officers or stockholders, or of
the person designated to manage or supervise the facility,
of a felony or of two M or more misdemeanors involving
moral turpitude during the previous five (_) `!ears as _.!'powr!
by a certified cope of the record of the court, , or other
satisfactory evidence that the moral character of the
applicant, administrator or direct care staff of the
facility is not reputable;
(C) Personnel insufficient in number or unqualified by training
or experience to care properly for the proposed number and
410 type of residents;
(L) Insufficient financial or other resources to operate the
facility in accordance with this Chapter;
-16-
Revocation of a facility license during ng the p,,,i dick five
(_) years, if sucM prior license was issued to the
individual applicant, a controlling owner or controlling
combination of owners of the applicant or any affiliate o-
thle applicant; provided, however, that the denial � i:: _y R R � �_1-_ I- 1 f n
application for a license pursuant to till= erect R-• � Section must be
supported by evidence that such prior revocation renders the
applicant unqualified or incapable of meeting or maintaining
a facility in accordance with the standards set forth in
• this Chapter; or
(F) That the facility is not under the direct supervision of a
licensed administrator.
8-15-2-9: NOTICE OF DENIAL: iJ e denial Upon ri n i of any
'`+
application for a license under this Section, the Department
shall notify the applicant in writing. Notice of denial shall
include a statement of the reasons for denial and notice of the
opportunity for a hearing under Section B-15-6.
B"-15--2-10: DENIAL CONTESTED: if the applicant desires to
contest the denial of a license, it shall notify the Department
in writing of its request for a hearing within Ten (10) da;'s
after receipt of notice of denial. The Department shall ha_i conduct
the hearing pursuant to Section B-15-6.
8-15-2-1 1 : REVOCATION OR NONRENEWAL OF LICENSE, REASONS: T I e
Department, after notice to the licensee, may revoke or refuse
to renew a license in any case in which the Department fines any
of the following:
(A) h substantial failure of the facility to comply with this
Chapter, including, but not limited to, repeat and recurrent
violations;
(B) Conviction or imposition of supervision, probation, or -
conditional discharge of the licensee, administrator- or-
• direct care staff of a felony or of two () or more
misdemeanors involving moral turpitude during the previous
five (5) years as shown by a certified copy of the record of
the court, or other satisfactory evidence that the moral
character of the licensee, administrator, or direct care
staff of the facility is not reputable;
(C) Personnel insufficient in number or unqualified by training
or experience to care properly for the number and type of
residents served by the facility;
(D) Financial or other resources insufficient to operate the
facility in accordance with standards set forth in this
Chapter-; or
(E) Lack of a .licensed administrator.
3-15-2-12: NOTICE OF REVOCATION OR NONRENEWAL: Notice under
this Section shall include a statement of the reasons for
:r
nonrenewal or revocation; the provision, statute or rule
ale
violated; and notice of the opportunity f ppc nit; for
a nearir:.:� 7!1'•:oer-
Section B- l 5-6 . -
B- . 5-2-1.= : REVOCATION OR NONRENEWAL CONTESTED: if o facility
desires to contest the revocation or nonrenewal e nr ene al of a license,
rise,
the facility shall, within ten sip%) days after receipt of
- ceip_ notice
of revocation or nonrenewal, notify the Department in writing of
its request for a clearing under :Section B-15-6. Upon receipt of
IM
the request, the Department shall send notice to the facility
and hold a hearing as provided under Section S-1 -6.
8-15-2-14: DATE OF REVOCATION OR NONRENEWAL: The effective
-17-
_.:_.... of revocation or nonrenewal of a licensen:_ we Department
shall be either of the following-.
Unless otherwise se ordered '^..;fi the circuit court, Pve'".+__t+_ion
effective on the date set by the Department in he notice of
revocation or upon final action after hearing under Section
B--15-6, whichever is later;
() Unless otherwise ordered by the circuit court, nohrenrewal is
effective on the date of expiration of any existing license
or upon final action after hearing under Section _--15-61
• whichever is later; however, a license shall not be deemed
to have expired if the Department fails to respond in a
timely manner to a request for renewal under this Chapter or
-tor a hearing to contest nonrenewal.
The Department may extend the effective date of license
revocation or expiration on any case in order to permit orderly
removal and relocation of resident_.
8-1 _- - 1 5: INSPECTIONS: The Department shall have thee right
to visit and inspect at any time The premises and records of any
facility and to evaluate the facility residents and oersonne {.
for the purpose of determining whether the applicant or licensee
is in compliance with this ;Chapter. All records must be readily
available for inspection and copying. The Department may also
inspect any/ former facility which once hold a lic ense to inspire
that the facility is not again operating without a license.
8-15-2-16 CRIMINAL LAW POWERS: Notwithstanding any other
provision of this Chapter, the City'= law enforcement agencies
shAl l have gill and open access to any facili-ty pursuant to
Article 1:8 0f the"Code of Criminal Proc
edure," Ili. Rev.
Stat. , Ch. 36, Article 108 (19B7) , in the exercise of their
investigatory and prosecutorial powers in the enforcement of the
criminal laws of this 'estate and may at any time request lest the
assistance of County or State law enforcement agencies.
• 8-15-3: FACILITY REQUIREMENTS:
--15-3-1: RESIDENT'S RIGHTS: Every resident of any facility
as defined in this Chapter shall be guaranteed the rights
enumerated 'below:
(A) No resident shall be deprived of any rights, benefits or
privileges guaranteed by law, the Constitution of the State
of Illinois or the Constitution of the United States solK
on the account of being a resident in any facility as
defined in this Chapter. ;any resident who believes that
his/her rights are being or have been violated may file
grievance, pursuant to Section B-15- 2(P) or section
--15-4-6 of this Chapter.
(B) No resident shall be presumed disabled except as determined
by a court pursuant i= to Section !!(a-2) of the l l l i not
Probate Act, Ill. Rev. Stat. , 1'h. 110-1/2.
( {_) Each resident shall be provided with adequate, appropriate!
,and humane care and services in he least restrictive
setting, pursuant to an individual care_ plan .and shall be
permitted to participate in the development of this plan to
the extent that his/her condition permits.
(D) Each resident shall be permitted private and uncensored
communications with persons of the resident's choice,
through the mail, in person or on the telephone, including
but not limited to visits with and access to advocates and
ombudsmen. The facility shall establish visiting hours, as
defined in this Chapter. The administrator shall insure
that functional telephones are reasonably accessible. ;any
-Is-
restrictions of this right, in order to protect the,resinent
or others from harm, harassment, or intimidation, shall be
ordered by the resident's physician, shall be in writing,
and shall state the reason for and time limits of the .
restriction and shall be placed in the resident's individual
care plan and medical record. No or - der shall be valid for
more thin thirty (30) days, However, resident
correspondence to and from the Governor, members oi the
General Assembly, Attorney General, Judges, State'_,
Attorney, the Department, the Evanston Commission on Aging,
. the Evanston Mental Health Board, the l l 1 i not s Department o f
Public Health, or licensed attorneys at law h _.� _� 1. l be
promptly delivered or mailed without examination or
restriction.
(E) No resident shall be subjected to physical, sexual, verbal
or psychological abuse or neglect ect 1 _•. - e r
g� from staff, other
residents or visitors.
o An employee or agent of the facility, an advocate,
ombudsman or a representative from any regulatory agency
has reasonable cause to believe that resident with wom
they have direct contact has been subjected to abuse or
neglect shall immediately report the matter to the facility
administrator and to the Department.
2. The administrator, when 'becoming aware of the abuse or -
neglect of a resident, or when receiving a report of
suspected abuse or neglect shall immediately report the
matter to the resident's representative and to the
Department.
_. Any person may report suspected abuse or neglect to the
Department.
(F) Each resident shall be permitted to refuse generally
accepted care and treatment, including but not limited to
medications, unless such refusal would be harmful to the
• health and safety of others and such harm is documented by a
physician in the resident's medical record. if such
services are refused, , the resident shall be informed in a.
nonthreatening manner of alternatives available and risks
associated with the refusal and alternatives. The refusal
shall be documented in the resident's medical record. The
facility's social worker shall be informed of the refusal
and shall discuss the refusal with the resident. The social
worker shall document the outcome of the discussion and
inform the direct care staff.
(G) No resident shall be subject to restraints through the use
of mechanical means, personal physical force, or the use of
drugs, sinless there is a written order from a licensed
physician. The order shall be based on the physician s
personal knowledge of the resident and clinical judgment of
The resident's condition and shall state that the use is
justified to prevent the resident from causing harm to
him; herself or others and is the least restrictive
alternative available. Restraints shall not be used merely
for the convenience of staff or for punishment. The
facility shall establish procedures for regulating the use
of restraints in compliance with the provisions of this
Chapter.
(:H) Each resident shall have the right to privacy for
communications, when receiving care and treatment, and when
411 in one's individual room. in rooms with more than one (1)
occupant, the facility shall provide sufficient functional
privacy screens to afford separation of each resident's
individual living area. The right to privacy includes
freedom from engaging in or having sexual activity carried
-19-
out in one's room without express -consent of each resident.
. Residents shall have access to their- rooms at all times.
. Except in an emergency, no one may enter a resident's
room without first knocking, identifying him/herself and
obtaining permission to enter.
(i) Each resident shall be permitted the use of personal funds
as he/she chooses, unless otherwise ordered by a
court -appointed guardian. The facility shall establish
• policies and procedures forhandling residents' funds, !nds, as
specified in Section S-15-3- 2 VA) of this Chapter.
Quarterly written reports shall be provided to each resident
or representative to account for those funds which the
resident or representative has authorized the facility to
manage.
(' ) Each resident shall be provided safe, adequate storage for
personal property, clothing, items of value and personal
funds kept in The lnoividual:c room, consisting of at least
one (1) piece of furniture with a locking device controlled
by the resident.
(K) Each resident shall be given the opportunity to wear his/her
own clothing, and use his/her personal property. Clothing
shall be labeled with the resident's name and shall be of
proper tit, in good repair, and clean, whether furnished by
the resident or the facility.
(L ) Each resident may refuse to work for the facility. When the
resident agrees in writing to work for he facility in other
than an approved work. Therapy program specified in the
individual care plan, the facility shall pay at least
minimum wage as established by State or Federal legislation
and shall maintain payroll transactions available for
inspection by the Department.
(M) Each resident shall have access to inspect and copy all
records kept by the facility pertaining to all services of
the facility which the resident has received.
(N) H resident may present complaints on behal+ of self or
others to the resident ,advisory council, the facility
administrator, the legally -designated ombudsman program, the
Department, State or Federal governmental agencies or other
persons without threat of discharge or reprisal in any
manner whatsoever.
0) Each resident shall be permitted the frpe exercise of
religion. Upon a resident's request, an administrator shai 1
make arrangements for a resident's attendance at a religious
service of the resident's choice. if transportation cannot
be arranged by The resident and if the resident so requests,
the facility shall incur any reasonable costs for the
resident's attendance at such service. No religious
beliefs, practices or attendance at religious services may
be imposed upon any resident.
(P) Married residents shall be permitted to reside in the same
room, unless it is deemed medically inadvisable by the
attending physician and so documented in the residents''
records.
(Q) No resident shall be subjected to research or unusual,
• hazardous or experimental treatment without express written
and informed consent. All research or unusual, hazardous or
experimental treatment involving human subjects must be
approved by the facility's Medical Director and.
institutional Review Committee, as prescribed under Rules
-20-
12 i-,. a !Q l = i a t 1 0
health. rrior _ mar tics' r!_1on 1n such research: wr ttcn
t- -
consent shall be obt dined f'r om each resident or his her
at it-dl minnd 5t`l al 1 be pl aced i n the M-ocl `ljef'T ;'?ea
Record.
cry) H resident =_•hall be permitted to retain the services ci'
h i sr her own personal physician, regardless of whetner one
resident !utilizes the facility's medical staTf , at his/ er
o!•4n expense, or u:+hether the resident is under an i ndl - i d is 1
or group plan of health insurance, or under- any public ar-
private assistance program providing such cover age. t :'ery
resident shall be permitted to obtain -From his/her *own
physician or the physician attached to the facility complete
and current information concerning hisi'her- medical
diagnosis, treatment and prognosis in terms and !=ngua=pe th=
resident can reasonably be expected to under -stand. Every
resident shall be permitted to participate in the planning
of his/her total care and medical treatment to the e:c!ent
that his/her condition permits.
( The i aci l i t'i shal 1 make avai !able one i ;.i 1 --i =ngt:i mi r r' �r cn
each resident floor for use by res l deents.
k:Ti Staff shall not use residents' rooms for personal pur-p=oSes.
=,!JI ! he adrrii ni 5trator shall insure that rest dents may have
on vate visits at any reasonable hour and that space is.
available for such visits. All persons entering a fa=_-ility
shall promptly notify appropriate facility personnel of
their presence and shall upon request, prodLICe
identification. The facility shaii establish policies and
procedures regarding the role of visitors and documentation
of visits by non-f aci 1 i ty personnel, and shall conspi CUO ! l y
post them for review by visitors and residents. I1;
addition:
1. The facility shall retain the responsibility for
monitoring and supervising of residents while they are
engaged in facility -sponsored activities with visitors and
.iolunteers, except as prohibited by the resident s rii_h�_ to
privacy.
The adml n i stra.tor of a f aci 1 i t`-�' may refuse rse a`res= _� Any
person if the presence of that person in the faci ; r.- Wc=!!id
bje injurious to the health or safety of any resident, Wou1 d
threaten the security of any resident's property, or i7, she
purpose of the visit is commercial. Hn,; person refused
access may, within ten (10) days of the denial of a--ce_s,
request a hearing under Section S-15-6. In that hearing,
the burden of proof shall be on the +aci l i ty.
This section shall not limit the power of the Llepar-t;ment
or other public agency otherwise permitted or required by
law to enter and inspect a faci i i ty.
i'Y ) The facility shall prepare a document i temi 74 n �g A-!!
belongings of the resident. This document shall be (kept in
the residents medical record and sh-all be updated que.rterly
and upon the acquisition of any new items.
(!i The transfer of a resident from one room to another within
the facility shall occur in accordance with facility
procedures. Residents shall be given notice of the proposed
transfer stating the reasons for the trans+er. The resident
• has the right to be present end to participate in the
packing and moving of belongings.
'=l. i TRE11 I - T 1 r
:-1�-.•T--': FACILITY F:_ ►� E � T =, h fo 1 o�<ei !g are
reQ!iirements for all facilities:
_1_._
(H? I c, protect the resident's fun+.~,,s, the facility:
1 = Shai 1 ,
or his/her
explaining
and listing
charged and
resident or
statement;
at the time .of admission on provide _anh .r_si;den :
representative with a written statement
the resident's rights regarding personal
the services for which the resident will
obtain a signed acknowledgment from cam each
representative that he/she has received
funds.
be
-r h e
•2. May accept funds from a resident for safekeeping and
management, if it receives written authorization from he
resident or his/her guardian or representative; such
authorization shall be witnessed by a person 'wo has no
pecuniary interest in the facility or its operations and who
is not connected in any 'ray to the facility or the
administrator;
3. Shall maintain and allow each resident access to a
written record of all financial arrangements and
transactions involving the individual resident's funds;
4. Shall provide each resident or his representative with •a
written itemized statement, at least quarterlY, Of all
financial transactions involving the resident's Binds;
5. Shall purchase a surety bond to guarantee the security
of the resident's finds;
r, Shall keep any fends received from a resident for
safekeeping in an account separate from the facilitY'_
7. Shall deposit any funds received from •a resident in
excess of one hundred dollars ($100.00) in an
interest -bearing account insured by agencies of, or
corporations chartered by, the State or federal government
is the
account shall be in a -corm which clearly indicates that
.
the facility has only a fiduciary interest in the + nds and
any interest from the account shall accrue to the resident.
The facility may keep up to one hundred dollars (r.10 j. 0+_i) of
a resident's money in a noninterest-bearing account or patty
cash fund, to be readily available for the resident's
current expenditures.
G. 'shall return to the resident, upon written request, all
or part of the resident's funds given .the facility for
safekeeping, including the interest .accrued from deposits;
9e Shall ay any monthly allowance to whichresident isp- _
entitled in that resident's personal account or give it to
the resident, unless the facility has a written
authorization from the. resident, the resident s guardian or
representative, to handle it differently;
10a Shall establish written policies governing operation of
the petty cash program, and shall print such policies in _ne
residents handbook; shall post hours of the petty cash
program outside the office from which it is conducted and
designate at least one (1 ) staff member to be available
during all hours of the program's operation;
11. Unless ess otherwise provided by State law, upon the death
of a resident, shall provide the executor or administrator
oil of the resident's estate with a complete accounting of all
the resident's personal property, including any *+Ends of the
resident being held by the facility;
12. If an adult resident is incapable of managing his/her
funds ,,ds and ,^soes not have _. representative Or guardian, -Me
facility shall notify 'i' h e office of theState Guardian :o f
the Guardianship an'dAdvocacy Commission; and
13. I": the facility is solo, shall ,pr ovi "d e the _'uyer - wi th a
written verification by a certified public accountant of all
residents monies and properties being transferred and
obtain n a signed receipt from the new owner.
(B) Before a person is admitted to a facility, .and upon
emp i ration of the period of previous contract, or when the
source payment - the resident's
s e changes from
• _�J�lr�_ �"!' p_.,m_n'� for - r-=_�i nt �-�ar-•_ han,��_, - -
private to public funds or from public to private Tl:nC.s,
written contract shall be executed between a facility and
the following in cider of priority: (1) the person;
2)guardian; or (•_) the resident's representative.
An adult person shall be presumed to have the cap a ci t• •..
to contract for admission to .a facility unless he/she has
been adjudicated a "disabled person" within the meaning of
section! 11a-2 of the "Probate Act of 197," M. Rev. St._t, 3
Ch. 110-1/2, as now or hereafter- amended, or !_roles_ a
petition for such adjudication is pending in a circuit c='!`r't
of Illinois.
If there is no guardian, resident's representative, or -
member of the persons immediate family available, able or -
willing to execute the contract required by this Section and
a physician determines that the person is so disabled as to
be unable to consent to placement in a facility, or if a
person has already been found to be a "disabled person," but
no court order has been entered allowing residential
placement of the person, that person may be admitted to a
facility before the execution of _=t contract required by this
Section; provided that a petition for guardianship is filed
within fifteen (15) days of the person ' s admission to a
facility, and provided further that such a contract is
executed within ten (10) days of the disposition of the
petition.
• No person shall be admitted to a facility i -!: he/she
:objects, orally or in writing, to Such admission.
The following requirements shall apply to all written
contracts between a resident and a facility'
1. The contract shall be written in clear and unambiguous
language and shall be printed in not less than twelve ?. ! )
point type.
y. The contract shall include and specify:
a. The parties and the term of the contract;
b. The services to be provided under the contract and
the charges for the services_;
C. The services that may be provided to supplement the
contract and the charges for the services;
d. The sources liable for payments due under the
contract;
e. The amount of deposits paid;
f. The rights, duties, and obligations of the
• resident, except that t;-!+_ specification Je �f ar esi d;=nt
be furnished may furnished on separate document which
complies. with The requirements of Section B-1 — --2(H);
g. The name of the resident's representative, if any.
agreement between the resident and the resident's
representative, which agreement authorizes the
resident's representative to inspect.and :_:_p, the
resident's records and authorizes the resident's
representative to execute the contract on behalf of the
resident required by this Section;
h . A provision that if the resident is compelled by a
change in physical or mental health to leave the
• facility, the contract and all obligations thereunder
may be cancelled at the resident's request without
advance notice. it shall .also provide that in , ail
other situations, -, resident may terminate the co('f=t,'_act
and all obligations under it with seven (i ) days''
notice. All charges shall be prorated as of the date
on which the contract terminates; and, F l o, if a n y payments
have been made in advance, the excess shall be promptly
refunded to the resident. This provision i_.+ n-,tisi_n shall �
apply to life -care contracts, through which a facility
agrees to provide maintenance and care for a resident
throughout the remainder of his/her :lire, nor to
continuing -care contracts, through which .a facility
agrees to supplement all available farms of financial
support in providing maintenance and care for a
resident throughout the remainder of his/her life;
i. A provision that the facility shall give thirty
( 0) dayso prior written notice of any contractual
modification to the resident or residents guardian and
to any residents representative. Said modification
shall be clearly and fully described; and
.7. An authorization for the facility to obtain or -
provide information -.from or to any health facility,
hospital, or physician regarding the resident a care or -
treatment.
• 7.In addition to all other contract specifications contained
in this Section, contracts shall also specify:
a. Whether the facility accepts medicaid clients;
b . Whether the facility requires res a deposit prior o t ._
the establishment of Medicaid eligibility;
C. In the event that a deposit is required, the
procedure to be followed for the return of such deposit
to the resident or the appropriate family member or
of the person;
d. That all deposits made to a facility by __ resident
or on behalf of a resident shall be returned by the
facility within thirt•., (30) days of the establishment
of Medicaid eligibility, unless such deposits must be
drawn upon or encumbered in accordance with Medicaid
eligibility requirements established by the illinci_
Department of Public Aid; and
E. That, pursuant to section 2-202(f: ) of the State
Act, it shall be .a business offense for a facility
knowingly and intentionally Moth to retain a resident's
deposit and accept Medicaidpayments � ` p_., m,=nts on behalf r �f the
{r=
resident.
• 4. A cop; of the contract shall be given to the resident
and his/her representative, if any, guardian, if any, c :r-
any other person who executed the contract. A copy of The
contract for a resident who is supported b.., nonpublic funds
other than the resident's own funds shall be made ?a avai _ G 1 e
-24-
to the perEon providing the funds for the resinent'-E-
uppor _. The original or _. copy of the _on7-ra=_r shall be
maintained in the facility and be mad`' available tff-= n
request to a ese t ac es of th Dep r ment and the,
,
it ._ c -._!fir-__._.l _ _ _ _
Illinois Department of Public Aid
``_. Contract terms are binding upon the facility ,end do no--
pc
become void if ownership or administration changes.
(%) Each facility shall establish a resident advisory council
as
defined in this Chapter.
• 1. The Administrator shall appoint a staff person, -
preferably
r i- :r Activities o Social Services, c es, `o act as
from H_-_i i � e=' r i•_ � r _ -
Resi dent Council Liaison. The Liaison _hall be responsible
for-.
a. Establishing =! schedule of council meetings, to b
held monthly, not conflicting with other regularly
scheduled activities for that time period;
b. Securing a room which can acc^ltir?3c?date at leas_
one-fourth (1 /4) of the facility's average census,
which room is equipped with sound amplification devices
for the hearing -impaired and which is fully accessible
to the physically -impaired; and
c. :assisting the council officers in preparing and
disseminating the agenda/order of business prior- to
each meeting, gathering informational items to share
with residents during the meeting, assisting in
recording and distributing the minutes, and preparing
other reports as deemed :-necessary by the council.
d. Consulting with the Community Representative(s) when
working with the council officers to plan their
meetings. The Liaison may also consult with the
legally -designated ombudsman regarding meeting
preparation. At no time shall the Liaison conduct the
• meetings or be a member of the council.
2. There shall be at least one (1) representative from each
floor of the facility, but not less than fife (_=) residents
elected to serve as members of the council. By-laws of the
council shall specify the method(s) to be used to elect the
council, such as general elections for the entire facility
or floor- elections for the residents of each floor. in
facilities of fifty (50) beds or fewer, the entire resident
population may be considered the resident advisory council.
a. In addition to elected resident members, there
shall be community representatives. in: facilities of
less than one hundred (1 i ji j) beds a _here shall be one
(1 ) community representative. In facilities of one
hundred (1==x6) or more beds, there shall be two (2)
community representatives. Officers of the council may
consult with the ombudsman for assistance in selecting
community representatives. The community
representative may have the following responsibilities:
1) Represents the residents of the facility in
community -based settings, meetings, and conferences;
_) ;`lots as liaison of the community to the facility;
Provides assistance as needed to the officers of the
• council in preparing the by-laws, agenda, and order of
business of the council meetings and may assist in
facilitating the discussion at meeting_; and
4) Attends training and orientation offered by the
-ti c
� .1 ,r.-de _n.ii"=�-�i!r���s,.�r3i�-.af1_1...7. _r _...., ��:-� =:.._j s:j _-.---�
i residents' rights;
b ), definitions of nursing ng homes and in -mg terct; c=•ar e
in general; and
ci listening skills and group dynamics.
b . There shall be at least a President, Vi ce---
President, and Secretary serving as officers of the
council. Ozt'icers shall be responsible fOor Creating
• the bylaws of the council and insuring -t�-,at Fhey are
approved by the full council. 0 t- + i ca-rs sTIC?{ seek.
assistance f rom the 1 i ai son and the s]mb� !'•dsmaan in
preparing the bylaws. Other of+ices may be establi.=-hed
in the council' bylaws.
3. Council bylaws shall establish terms of of f i r-e far
council members and officers.
4. fleet i n g s of the r e s i dent advi scary cour:ci l s, ;a1 . b,G open
to 2.1 1 rest dents of the f a ci 1 i ty. A portion of each :? aeti ng
shall be reserved for input from residents woo- are not
elected members of the council. and voting on
actions may, be limited to the elected members of the
council, unless otherwise specified in the Council.'s bylaws.
5. Minutes are to be kept of all meeting_. Copies small be
available for all residents and given to the facility
administrator. A copy of the minutes shall al so be given
to the ombudsman upon request.
J.D) A facility shall immediately notify the resident's next Of
kin, the guardian, if any, the resident's representative,
and the resident's physician of the resident's death or when
the resident's death appears to be imminent.
(E) A facility shall admit only that number of residents for
• which it is licensed.
(F) 1. Facilities shall comply with the requirements set forth
in Fart 4 of the Nursing Home Care Act, 111 . Rev. ' tat. , Cht.
111-1/22, par. 415 -401 - 4153-4L•= (1987) with regard to
discharge or transfer of residents, except that the term
Department shall mean the Department of Health of the City
of Evanston within the context of this Chapter-.
�n. A resident shall be discharged upon his/her request no
later than seven (7) days after notice to the facility, and
assistance shall be offered in developing a plan for a. new
living arrangement.
71. Within ten (1()i days of discharge, all
valuables, and personal property shall be returned to the
resident.
4. A record of the date of discharge and the reason far
discharge shall be made. The disposition of funds and
valuables held for safekeeping, and the farwardinQ address
of the resident and the representative shall also be made in
the resident's record.
5. No resident shall be discharged ogle ,_a the exercise of
any legal rights) _arising under this Chapter, t+ce laws of
the United States, the State of Illinois, and other
• ordinances of the City of Evanston.
N. Hospitalization is not a discharge within the meaning at
this Chapter-. All discharge procedures mU!_.t be followed if
a resident is not to return to the facility.
A facility shall not involuntarily transfer or discharge a
resident except or medical reason-; for the resident's
safety or for the safety 04 other residents, the facility
staff or facility visitors; or for late payment or
nonpayment of the resident's stay, except as prohibited by
Titles XVII and ;SIX of the Federal Social Security Act. For
purposes of this section, "Late Payment" means non -receipt
of payment after submission of a bill. if payment is not
received within forty-five (45) days after submission of a
bill, the facility may send a notice to the resident and
• responsible party requesting payment within thirty (30 )
days. If payment is not received within such thirty (30)
days, the facility may thereupon institute transr er or
discharge proceedings by sending a notice of transfer or.
discharge to the resident and responsible party b
registered or certified mail. The notice shall state, in
addition to the requirements of section 3-403 of the State
Act and Section 8-15-=-:• 0) (2) of this Chapter-, that this
responsible party has the right to pay the amount of the
bill in full up to the date the transfer or discharge is to
be made and then the resident shall have the right to remain
in the facility. Such payment shall terminate the transfer
or discharge proceedings. This subsection does not apply to
those residents whose care is provided under the Illinois
Public Hid Code, Ill. Rev. Stat. , Ch. 111-1y2, per. 415. -401
(1?87) . Involuntary transfer shah be governed by the
following procedure:
1. involuntary transfer or discharge of a resident from a
facility shall be preceded by the discussion required gender
Section 5-15- -2 0)7 below and by a minimum written notice
of twenty-one (21) mays. The twenty-one (21) day
requirement shall not apply in any of the following
instancesa
a. When an emergency transfer or discharge is mandated
by the residents health care needs and is in accord
• with the written orders and medical justification of
the attending physician; or
b. When the transfer or discharge is mandated by the
physical safety of other residents as documented in the
clinical record.
2. The notice shall contain all of the following:
a./ The stated reason for the proposed transfer or
discharge;
b. The effective date of the proposed transfer or
discharge;
C. A statement in not less than twelve (12) point
type, which reads; "You have a right to appeal the
facility's decision to transfer or discharge you. If
you thine: you should not have to leave this facility,
you may file a request for _a hearing with the Evanston
Health Department within ten (10) days after receiving
this notice. if you request =. hearing, it will be held
not later then ten (10) days after -roar- request, and
you generally will not be transferred or discharged
prior to the expiration of thirty (0) days following
receipt of the original notice of the transfer or
discharge. A form to appeal the facility s decision
• and to request a hearing is attached. If you have any
questions, call the Evanston Health Department at the
telephone number listed below";
d. A hearing request form, together with a postage
-27--
fir add -'s sed envelope to the Department; and
E. The name, address and telephone number of the
person charged with the responsibility of supervising
the transfer or discharge. _ ...
3. y request for •a nearing made under Section 8- 1 5_ - (G )�
shall stay a transfer pending a hearing or appeal of the
decision, unless a condition which would have allowed
transfer or discharge in less than twenty-one ( days as
described under paragraphs ai and {b) of Section
B-15-3-2(G) i above develops in the interim.
• 4= A copy of the notice required by Section B-15-3-2CG1.�
shall be placed in the resident's clinical record and a copy
shall be transmitted to the Department, the resident, the
resident's representative, and if the resident's care is
paid for In whole or in part through Title XIX, to the
Illinois Department of Public Aid.
5. When the basis for an involuntary transfer or discharge
is the result of an action or inaction y the Illinois
Department of Public ;=sit with respect to = recipient of
Title h I F: and a hearing request is filed with the Department
of Public Aid, the twenty-one 21) day written notice period
shall not begin until a final decision in The ,Matter is
rendered by the Department of Public Aid or a court of
competent jurisdiction and notice of that final decision is
received by the resident and the facility.
6. When nonpayment .is the basis for involuntary transfer or
discharge, the resident shall have the right to redeem up to
the dace that the discharge or transfer is to be made and
then shall have the right to remain in the facility.
'. The planned involuntary transfer or discharge shall be
discussed with the resident, the resident's representative,
guardian, and person or agency responsible for the
resident's placement, maintenance and care in the facility.
• The explanation and discussion of the reasons tor -
involuntary transfer or discharge shall include the f aci 1 i t,
administrator- or other appropriate facility representative
as the administrator - s designee. The content of this
discussion and explanations shall be summarized in writing
.and shall include the names of the individuals involved in
the discussions and made a part or the resident's clinical
record.
•
S. The facility's social worker shall otter the resident
counseling services before the transfer or discharge of the
resident and shall document the offering of such services in
the resident's medical record.
9. A resident, subject to involuntary transfer or discharge
from a facility, or the resident's guardian shall have the
opportunity to file a request for a hearing with the
Department within ten (10 ) days following receipt of the
written notice of the involuntary transfer or discharge by
the facility.
10. When the basis for involuntary transfer or discharge is
other than action by the Illinois Department of Public Aid
-28-
with respect to the rifle nl;. Meoi a d recipient, _tit_
Department hall hold c? hearing at the resident s t.ac3 i -i r
not later than ten (10) days after a hearing request is.
riled and render a decision .within fourteen (14) days after
the filing or the hearing request. The nearing shall cre
conducted as prescribed under Section B-15-6. In
determining whether a transfer or discharge is autho3riced,
the burden of proof in this hearing rests on the person
requesting the transfer or discharge.
i 1. , if the Department determines that a transfer fer- or
• discharge is authorized under :erection B-s 5- -L 0) , the
resident shall not be required to leave the facility be, -ore
the thirty-fourth day following receipt of the notice
required under Section S-15-=-2(6)2 or the tenth, day
following receipt of the Department's decision, whichever is
later, unless a condition which would have allowed transfer
or discharge in less than twenty-one (21) days as described
under- paragraphs a. and o. of Section B-15-=-2(G) i develops
in the interim.
12. An owner of a facility licensed under this Act shall
give ninety (90) days, notice prior to voluntarily l';f -losing .a
facility or closing any parr of a facility if closing such
part will require the transfer or discharge of more than ten
perc
ent cent (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, if
practicable, to a member of the resident's family. 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. ?There 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 data 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 Sr-15-4-12.
(H) Each facility shall distribute a handbook: printed in not
less than twelve (12) point type to be given to each
resident and his resident representative, and/or- family.
Residents shall be given a copy of the handbook at the time
of admission to a facility or as soon thereafter as the
condition of the resident permits, but in no event later
than forty-eight (48 ) hours after admission. Said handbook
shall be updated annually. The handbook shall i ncl uden
1. H list of all rights and responsibilities enumerared
.above in Sections e-15-3-1 and 9-15-=-2, and those
additional rights listed in the State Act, sections _`n;;_ii
through 6 y,
?. A statement of services offered by the facility and any
charges for which the resident is responsible;
. H current guide to all required red costs for residence in
the facility; -
4. A summary of the policies and procedures of the facility
for implementing the rights and responsibilities enumerated
above in Sections 8-15- -1 and 5-15-=-2. The policies shall
include the procedures for the investigation and resolution
• of resident complaints as set forth in Section 5--15-4-6=
5. The address and phone number of each of the following
agencies and a brief description of services provided by
each agency:
_.., Evanston Health _ Department
b„ Evanston Commission on Aging - Nursing Home
Ombudsman
C. Evanston Mental Health Board
d. Cook County Legal Assistance Foundation, Inc.
e, Adult and Child Guidance Center, St. Francis.
• Hospital
f . Evanston Hospital Crisis intervention and Referral
Service
g Family Counseling Service of Evanston 3{_'d 3k ki_
vat l ey
h. Local Social Security Office
i. i l l i not s Department of Public Health
3. Illinois Department of Public Ai
k:. Illinois Department of Mental Health
1. Protection and Advocacy, Inc.
b, The procedures for the discharge of .a. resident from a.
facility, including information On transferring public
assistance, social Security, Supplemental Security inc-me
QSJ ? , or other payments;
7. A Summary of the policies and procedures regarding the
petty cash program;
8. A summary of the policies and procedures regarding
• advanced directives, including blank: copies of directives,
as found in the Illinois Living Will Act, !!i. Rev. Stat.
Ch. 110-1i2, paragraphs 701-710 (1987); the Illinois
Durable Power of Attorney Act, Ill. Rev. St at , , i h . i 1 � �-1 i 2
paragraphs 801-1 to 804-12 (1987); and additional 'directive_
approved by the Evanston Commission can Aging; and
.. A summary of the smoking rules of the facility.
if a resident is unable to read the handbook, it shall be
read to the resident in a language the resident understand_,
including sign language. In the case of a minor or person,
having a guardian or representative, both the resident and
the parent, guardian or representative shall be given a
copy of the handbook. For blind residents who read
braille, one i 1 i copy of the handbook: shall be translated
into braille .and made available to them.
(I) The facility shall insure 'Chest its staff is familiar with
and observes the above rights and responsibilities
enumerated in Section 8-15-3-1 and 8-1 5-?-2.
(j) Every facility shall conspicuously post in the lobby the
following:
1. its current license;
2. y description, provided by the Department, Of complaint
. procedures established under Section B-15-4-6 and the name,
address and telephone number of a person authorized by the
Department to receive complaints;
3. A copy of every order pertaining to the facility issued
by the Department or .a court; and
•"{•. `'S list of the material available for public _?=•ec_ii;
under Section -1 5-="..:(K) .
_,. Name, address, and telephone number of the Nursing i-i_m
Ombudsman Program.
(K) i facility shall retain the following for Public inspection.'
1. H complete copy of every Report of Findings, Facility
Response, Statement of Violations, and Plan of Correction W
the facility received from the Department including
• operation under previous ownership during the preceding five
(5) year
2. A copy of every order pertaining to the facility issued
by the Department or a court during t fe preceding five (_ )
years;
3. A description of the services provided by the facility
and the rates charged for those services and items for which
a resident may be separately charged;
A. E copy of The statement of ownership required by Section
B - 1 5-i-i (E) I ,
5. A record of personnel employed or retained by the
facility who are licenser, certified or registered by the
Illinois Department of Professional Regulation;
6. H copy of the resident handbook; and
%. Minutes of resident council meetings for the past two
_') years.
(L) the following shall apple to the employment of all certified
nurse's aides:
1. No person shall act as a certified nurse's aide in .a
• facility, nor- shall any person under any other title, not
licensed, certified or registered to render medical care by
the Illinois Department of Professional Regulation or -
Illinois Department of Public Health, assist with the
personal or medical care of residents in a facility] unless
such person meets the following requirements:
a. Be at least eighteen (13) years of age, of
temperate habits and good moral character, honest,
reliable and trustworthy;
b. Be able to communicate clearly in English or a
language understood by a substantial percentage of the
facility's residents;
c . Provide evidence of employment or occupation, if
any, and residence for- two (2) years prior to his/her
present employments
d. Have completed at least eight (8) years o= grade
school or provide proof" of equivalent knowledge;
S. Have successfully completed the Basic Nursing
ng
Assistant Program and passed the Certified Nurse's Aide
pryoficiens=`, exam within 45 days of employment in a
facility. Equivalency for the Basic Nursing Assistant
Program ,may be established by one of the following'
• 1) Documentation of successful completion of a
training course approved by another state as
evidenced by'a diploma or certificate and approved
by the Illinois Department of Public Health. The
applicant must document that the course is
equivalent to, or exceeds, the -requirements of the
State Act.
2) Documentation of auccessful completion of a
nursing arts course in an accredited nurse -
training program as evidenced by a diploma,
certificate or other written verification from the
school.
f. Be familiar with and demonstrate genjeral skills
related to resident care.
2. Application forms which are utilized for the employment
of certified nurse's aides shall include an inquiry related
to any prior felony conviction record.
3. Certified nurse's aides shall perform their duties under
the supervision of a nurse.
4. It is unlawful for any facility to employ any person in
the capacity of certified nurse's aide or under any other
title not licensed or certified by the State to assist in
the care of residents in such facility unless such person
has complied with this Section.
5. Proof of compliance by each employee with the
requirements set out in this Section shall be maintained for
each such employee by each facility in the individual
personnel folder of the employee.
6. Each facility shall certify to the Department on a form
provided by the Department the name and residence address of
each employee, and that each employee subject to this
Section meets all the requirements of this Section.
7. Any facility which is operated under Section 8-15-1-4(B)
shall be exempt from the requirements of this Section.
-
(M) 1. The facility shall have a quality assurance program
which addresses all departments, services and categories of
staff who have an impact on resident care. The program
shall be developed, implemented, systematically monitored,
and evaluated in accordance with the residents' individual
care plans and the desired outcomes of this Chapter. The
findings, conclusions, recommendations, actions taken, and
results of actions taken shall be documented and reported to
the Administrator through channels established by the
facility. The Administrator is responsible for appointing a
person to coordinate with all departments and services to
implement the components of the quality assurance program.
2. The quality assurance program shall consist of the
following components:
a. A written quality assurance plan which includes:
(1) The facility's philosophy statement;
(2) The goals and objectives of the facility in
relation to quality assurance; and
(3) A statement which describes the scope of
quality assurance` including its integration and
coordination among all facility departments, and
that states which staff position is responsible
for the quality assurance program within each
department or service.
(4) Criteria, indicators, and evaluation
mechanisms to assure the quality and
appropriateness of care for:
;,a) Nursing service3
(b) Medical care
(c ) Social Services
4dt Psychological rehabi l i to t i'=,ef haoi l i t - -i =e care
(a) Activities program
is
f• Medication
(g) Dietetic services.
(h ) Oral health care
(i) Housekeeping, laundry and environmental
service
(5) Facility -wide monitoring and evaluation of:
(a) Resident satisfaction
(b) Admission and discharge criteria
(W Infection control
(d) interdisciplinary planning and care
{,_} Interagency communication and linkage
(+) Emergency care and hospitalization
(g) Use of restraints
b. An audit system to sample at least annually a
representative number of all residents` records.
C. A method developed within the program to initiate
is action when opportunities for improvement are
identified in the course of systematic quality
assurance monitoring and evaluation.
d. A method developed to insure that actions taken
result in measureabl e improvement in the quality ' of
resident care.
3. The quality assurance program's objectivesi accp_,
organization, and effectiveness shall be examined at.
least annually and revised as necessary.
VN) The following continuing education programs shall be
required.
1. Every facility administrator- shall complete annually a
six ib? hour training program, which shall provide
information and skill development on aging, cognitive
impairment, mental illness, or developmental ;disabilities!
and which shall be approved by the Director. . Documentation
of course attendance stall be maintained in the
administrator's personnel tile.
•'. Each facility in which twenty percent (20%) or more of
its residents are mentally -ill shall provide or arrange for
a formal, structured in-service training program for all
nurse's aides to include information and _kill development
for the care and management of persons with mental. illness.
Such training program shall be approved by the Evanston
Mental Health Board. his program shall be a minimum 0-f
twelve (12) hours in length, stall be provided quarterly to
each current employee, and shall provide for sequential
learning. Any newly employed certified nurse's aide `.rill
!ir•+urs of orientation information covering the special needs
of he mentally -ill. Documentation of _l± _=nd_Src e in the
orientation program and/or the in-service _raining program
shall be maintained in each employee's personnel file.
3. { Facility which twenty percent i— % Or more Of
its residents have +a developmental disability shall re_1d_ti_
or arrange for 3 formal, structured in-service training
program for all nurse's aides to include information and
skill development for the care and management of persons
• with developmental disabilities, including habilitation
training according to Federal Health Care Financing
Administration Standards. Such = training program shall b
approved by the Evanston Mental Health Board. This program
shall be a minimum of twelve e i._? hours in length, shall b
provided quarterly to each current employee, and shall
provide for sequential learning. Any newly -employed
certified nurse's aide shall receive, j within iourteen S1 f
days of employment, six (6) hours of orientation information
covering the special needs of residents with developmental
disabilities. Documentation of attendance in h
orientation programand/or in-service training program shall
be maintained in each employee =_ personnel file.
4. Each facility in which twenty percent (_ ' ) or more o-f
its residents are mentally -ill shall arrange for all nurse_
and clinical social workers to complete at least one
continuing education course each year. :such course shall
provide information and skill development for the _are and
management of persons with mental illness. Documentation of
attendance in such course shall be maintained in each
e mpioy:ee _ personnel file.
5. Each facility in which twenty percent (0%) or more of
its residents have a developmental disability shall arrange
for all nurses and clinical social workers to complete at
least one continuing education course each year. Such
course shall provide information and skill development for
fitthe care and management of persons with developmental
disabilities. Documentation of attendance in such course
shall be maintained in each employee's personnel file,
6. Each facility in which twenty percent (20%) or more of
its residents have a cognitive impairment shall provide or
arrange for a formal, structured i n-eervi ce training program
i or all certified nurse's aides regarding the treatment,
care and management of persons with cognitive impairments.
The training program shell be approved by the Evanston
Commission on Aging. The program shall be a minimum of
three . = i hours in length quarterly; shall be provided to
each current certified nurse's aide, and shall provide
sequential learning. Within fourteen ice}! days Of
employment, each newly -employed certified nurse's aide shall
receive, in addition to orientations three (3) hours o-f
training rjegarding the special needs of residents with
cognitive impairment (s) . Documentation of the training
program shall be maintained in each employee's personnel
Ole.
7. Each facility in which _went`, percent (20%) or more 0+
its residents have a cognitive impairment shall arrange for
all nurses and clinical social workers to complete at least
one continuing education course each year. the course shall
pWa'•>ide for information and skill development regarding the
• treatment, care, and managements of persons with cognitive
's.) impairment. Documentationof attendance in he course
shall be maintained in each employee's personnel file.
.t I 1. For all legallycomp+=tent residents, the facility small
inform the resident, by way of a form provided by the
Department, of the right to r'!ame a resident's representative
to ,act on his/her behalf through a. !r _ bi = power oi attorney
4 -
in the event that ne/she-can no longer
decisions as to his/her -=r medical is financial needs- h-,_
facility shall also provide assistance to all residents as
may be necessary or .==it-}p:. opriate to naming I . esi___ _ s � -
repr senta_i�`1e. Documen ii...
_a iok 6 the �i k of a ! ==iN6 a
representative or ecl ti' to name a representative
shall be made part of the re=j.den s medical record.
2. For all alleged disabled persons (residents), as
defined in the illinlls Probate Act. i1!. Rev. St•_r. p
• Chapter 1 0-.t t: ._, Section !.la-_y_ the facilitysnail file -Or
cause to be filed a petition for appointment o a legal
guardian with a court Of competent jurisdiction ti+=n within sixty
(60) days of admission to the facility.
3. For current residents who have not d-_i gnat=d a
resident'_ representative and .are alleged disabled personsi
as defined in the Illinois Probate Act, M. Rt_'+i. Sta_:. 9
Chapter 1 fSection the facility shall file or -
cause to be filed a petition for appointment of a legal
guardian with a court of competent jurisdiction 'within si.`:?=y
(ire_)) days of the determination of the alleged disability.
3. To the greatest extent feasible, the facility shall
encourage involvement of the representative in the care and
treatment of the resident.
(P ) The facility shall establish a resident grievance procedure
which provides the process by which a resident may raise an
issue, concern, problem, or file a complaint and obtain a
resolution. This grievance procedure shall be included in
the residents' handbook. At a minimum, this procedure
shall.
i. Identify staff responsible for receiving resident
grievances;
2. Require staff to write the grievance as presented, on a
• term developed bythe facility and give the grievant a copy
of the form;
3. Allow groups of residents such as the resident council
to file a grievance on behalf of a resident or a group of
residents;
4. Identify staff responsible for investigating grievances;
5. Provide documentation on to the grievant of the outcome of
the investigation and any actions which result; and
6. Provide written information to residents concerning
:ether resources for grievance resolution, including b it not
limited to:
a. Evanston Health Department
b . Commission an Aging - Nursing 't3ome Ombudsman
+_ . Cook County Legal Assistance Foundation
d. Protection and Advocacy, inc.
. Evaluate all complaints monthly to assess the need for
change in procedures, staff or programming to serve We
residents.
• (iQ) he facilit`! shall:
1. Develop and implement written -interagency linkage
agreements with community ,agencies and nospital's that are
-_5._
'•_!=�'d''_ r p_i din _S. _^ _�`���' ;!_�; it-t_ -�- r, ri
in-Form-ation To ai.an r?+ ecti,'e1 Tr:r- rt,-e-nT=•;
a summary of any resi d=fiT. ' S i i tdi `l i dt_!al c ire
plait, social hi stcr{, and medic al record lwitn the resident _
written consent, t0 any agency or h0=..pital whi ii _h -ssu ,�
s�_ - mt_s an i
responsibility -For the resident's care .and supervi si .fin;
Communicate with the resident T rac t c E_. e. r'.
� 1p i bl = -r- td ._rte
hospital staff every three (? ) days vjh i l o the resident- is i rt
• the hospital. free date content Of c, r� P da__ and rite o_.ttTt!!ni cation=- sh_sl l
be documented in the resident's medical record at the
facility; and
programming t etGe•. a14. Coordinate f- _
and agency.
(R) The mobility of each resident shall be as=essed at admission
and reviewed as needed by an occupational therapist and
documented in the individual care plan. To meet the
mobility needs of the residents, the f aci I i tv si-tal 1
1 . Have su$f i ci e n t and gUa1 i + i ed Staf + t0 mteet ? he lTt+ b 1 _ 1 t''
needs Of residents in accordance with ri?eir ifidl''idua1 -a a
plans; -
2. Have or obtain services and equipment to maintain or -
increase mobility of residents;
Instruct residents, staff, family member=., and
voi unteers in the safe use of mobility devices and
procedures.;
4. Have and maintain all needed equipment in proper- worF::ing
..condition;
5. Insure that the facility's building and outdoor
recreational facilities meet the federal standards of
• accessibility for handicapped persons;
b. Insure that residents have transportation that enables
them to have access to needed programs and service_; and
7. Assist residents in being up and out of bed as Much as
possible and repositioning residents whether- in beaI Or Out
as their conditions require.
5-15-=-_.
MINIP•iUM STANDARDS; The following standards shall be deemed to be
the minimum standards to be met for licensing pursuant- to th-s
Chapter
(A) i'aursing; The following personnel requirements shall apply.
1 . Skilled Nursing Facilities and intermiedi ate _.are
i-aci1itles;
a. There shall be a fFul .-time Di-eci- ;r 0+ "lur :sec
licensed as a real stet ed j"jt -Se in the S �.�. ..F.
•�t__:ie: 1 he time
of the Director of Nurses may not be included in _he
nursing time required +o meet the 5ta- -
'q - f-re_1 dent ; a,_i o
requirements in the State Standards.
b. In facilities of one hundred (10!_Di ;weds or more,
• there shall be a full-time Assistant Director Cof
Nurses, who shall be licensed as a registered nurse in
the State and who shall be on duty between the hours Of
seven o'clock: A.M. and seven ❑`clOC?:: <.;- 0?
for five (5) days within any weer-: and shall e on dLt*,/o
on those days upon which the Director of Nurses is not
resident _ dietary card and indicated prominently n,
the resident's meal service card.
b. Residents continuously rejecting most of '_heir. od
shall be brought to the attention of the physician.
c. Residents who require assistance with eating shall
be given help promptly on receipt of a tray. Patients
who are unable to teed themselves shall be fed with
attention to safety, comfort and dignity. There shall
• be ample time allowed for
unhurried meal service.
2. Personnel Requirements:
a. Dietary Consultation: All facilities shall have
consultation from a dietary consultant who is eligible
for registration by the American Dietetic Association;
or has a baccalaureate degree with major studies in
food and nutrition, dietetics, or food service
management, has one year of supervisory experience in
1
the dietetic service of a health care institution, and
participates annually in continuing dietetic
education. he dietary consultant shall:
(1) Schedule most consultation visits during
weekday work hours for food service personnel.
(2) Provide the service for a duration of four- (4)
or more continuous hours per visit.
(3) Give the following minimum hours of
consultation per month:
1-29 beds As determined by
Administrator, Consulting
Dietitian and Department
0-49 beds 8 hours per month
50-99 beds 12 hours per month
100-149 bads 16 hours per month
150-199 beds 20 hours per month
200-249 beds 24 hours per month
250-299 beds 28 hours per month
300 and over 32 hours per month
I.Tne director of Food service shall be a qualified
dietician; or be eligible for registration by the American
Dietetic Association as a dietary technician, including an
Associate of Arts Degree as a dietary technicians with
emphasis in food service management or nutritional care; or
one trained and experienced in food service supervision and
management in a military service program substantially
equivalent in content to the programs above. Correspondence
courses shall not be acceptable in lieu of classroom
instruction. The Department may waive the requirements of
this subsection upon a determination by the Departmentl
together with the facility's administrator and consulting
dietician, that the food service supervisor or cook manager
of such facility is qualified by training, experience, and
performance to fulfil! the responsibilities of e + 1 ` ct_ -
p the d r-__ r
of rood service.
) Social Services: All facilities shall provide e the _ntollr+wlii+
social services: ^
1. Referral to appropriate agencies where there are
. indicators that financial, psychiatric, rehabilitative,
legal or social service help will be needed that the
facility cannot provide.
2. Assistance with the resident's adjustment to the facility
and availability of continuing social services to residents
of the facility including the availability of contact with
i ami i member_ to keep them involved,
on duty. This ,person email assist Me Director ^.'
Nurses and shall perform the duties of the Director o—;
Nurses when the Director of Nurses is not in the
facility. The Assistant. Director, o-f itia_trses t!lcty provide
direct patient care, and his or her time may be
included in the nursing time required to meet the
staff -resident ratio requirements in the State
Standards.
c . in addition to the Director of Nurses and the
Assistant Director of Nurses, ;'where required, there
• shall be at least one Illinois licensed practical al nurse
in 'charge of each eight (S) hour sift, regardless ='f
the size of the facility. This person s duties shall
be to provide de professional supervision vi _ion and instruction
to the nonprofessional staff.
d. There shall be coverage on days off for all licensed
staff by Illinois registered nurses or Illinois
licensed practical nurses, on all shifts seven (%) days
a week.
e . Each facility shall employ at least one full s time
nurse who has completed a course in restorative nursing
approved by the Department. This nurse shall provide
in-service training in restorative nursing techniques
to all other nursing personnel. The restorative nurse
_hall be a person other than The Director of Nurses.
2. sheltered Care Facilities: In facilities of one hundred
(100) licensed beds or more, there shall be _. registered
nurse licensed in the State or a practical nurse licensed in
the State on duty for each eight (8) hour shift witri
coverage on days off. In the event all three ._) shifts are
covered by a practical nurse licensed in the State, the
facility shall have as a consultant an Illinois licensed
registered nurse at least sixteen (16) hours a month. In
those instances in which a sheltered care facility has .a
• skilled or intermediate infirmary, the nurse covering the
infirmary may also cover the sheltered care areas.
3. All medications administered to a resident in any
facility shall be administered b; a physician, registered
_tered
nurse or practical nurse licensed in the State. :any
licensed practical nurse responsible for the administration
of medications shall complete a pharmacology course approved
by the Department prior to employment, or within six (6)
months of employment. Documentation which demonstrates
compliance with this Section shall be contained in each
employee's personnel file. All self -Medication
administration training programs shall be conducted :by .a
person licensed to administer medications in the State.
4. When a resident's condition dictates, the physician tit=•!y
give permission in writing for the resident to administer
medication himself/herself except when such resident
requires skilled care.
r, in all facilities there shall be additional personnel to
meet the total needs of the residents.
VB) Dietary Service:
1. Resident Care Procedures:
• a. There shall be reasonable adjustment to the food
likes, habits, customs, condition and appetite of
u residents. Special attention shall be given
individual reside: �
to the preparation and service of food to residents
with problems such as inability to cut food, to _hew,
and to swallow. Such problems shall be charted on -the-
t, taif arc rasiaents in discharge planning
and its implementation.
4. Assistance in providing in-service training to iactlity
staff directed toward understanding emotional problems and -
social problems of residents and assistance in solving these
problems.
5. Assistance to staff and residents in using c;_.+rmuni-"r'y
resources.
6. Service- of a _o?-,al worker according to the
following ratio of residents to hours ot service:
-99 residents
100-199 ,residents
200--299 residents
00 or more residents
i min. /Yeci aent.' we k
mire. i re'=ident;"weW:
6 min./resident/week
i min./resident/week:
.i!-!e amount of social work _if.!_ 5n_.1_ not be less thanthe
ratio required for the number of residents in the facility
at that time.
(D) Mental Health Services: All facilities with residents who
are mentally -ill or developmentally disabled shall meet the
following staff requirements;
1. A psychiatrist licensed to practice in Illinois shall be
finder formal contract by the facility to i provide services
determined by the Care Review Committee.
2. Each facility shall have one clinical social wi<eker.
Facilities with mentally -ill or developmentally disabled
residents shall provide time of a additional clinical social
work at the rate of twenty-five (25) minutes per resident
per weed_:.
(E) Activity Program:
•
• -.;
1. All facilities shall have an activity program directed by
a full-time staff member who shall be qualified to direct an
activity program. Qualification shall be established by one
of the following:
a. Status as an occupational therapist registered with
the occupational Therapy Association; or
b . A bachelor's degree in recreation therapy; or-
c . Evidence of S!_lccessf t_tl . comp l etl on of a forty-two
-two
(42) hour course certified by the Illinois Ac=7.''=it`!
Professionals Associations. Activity directors who do
not meet the degree requirements above must ccm P l et e
the course within six (6) months after hiring.
2. Records of activity programming and resident
participation shall be maintained and shall include program
goals, individual resident goals related to the _are plan,
attendance records and progress notes.
3. The plan for acti'll•C`,-.' programming Shell incorporate
community resources and Shill include group activities to
promote learning about interpersonal behavior and individual
.activities for residents unable or unwilling to participate
in group activities.
Physical Therapy: Each facility shall make available to its
residents the Services of a registered physical therapist
currently licensed by the 'Marta who -.hall implement
physicians' orders in the facility.
_39-
•
C:
•
( t_ ) Occupational Therapy/Recreational Therapy: apy: All facilities
_hall provide the services of an occupational therapist who
is registered by the American Occupational Therapy
raps
Association or =S therapeutic recreation specialist who
shall.
1. Complete an evaluation of each resident within thirty
(30) days of the admission or re -admission to the facility.
.
The evaluation shall include an assessment of communication
skills, mobility, physical strength and coordination, and
self -care status, and shall include recommendations for care
and treatment needed to maintain or restore maximum
functioning in the above areas. The evaluation Mail be
utilized by the Care Review Committee in the review WF
resident care required in. Section _i--1 j (H) _.
L. Conduct at mast two () ire -service programs Per Year
which are designed to arise star- in carrying cut
restorative procedures.
-- ?"review annually each residents planned and --'t-td'._i_ted
activity program with the activi'r_=, director- to plan
activities which are supportive of restorative t_=.,r-e need_.
(H) Procedures: All facilities shall follow the procedures
listed below:
1. Admission Records: A medical history and interim
psychosocial history of each resident shall be compiled
within seventy-two (7 ) hours of admission to _. facility and
filed with each resident's medical record. • :ter- persons with
mental illness, the record shall include psychosocial
information for the previous three (=) years. A mental
status assessment shall be completed within seyJen (:' ' days
of admission and filed with the residents medical record.
A complete psychosocial assessment shall be completed within
thirty (t ) days of admission and tiled with the resident's
medical record.
2. Medical Record: H resident's medical record should
include medical and social history;, diagnosis, allergies,
individual care plan, treatment, restrictions to activities
of daily 'living, results of tests and notes on resident's
response to care and treatment. In addition, the record
should include the flame, address, and telephone fie rtur-ber of
the residents physician and the name, address, and
telephone numbers of any other person or agency, Wither- than
the facility, which provides direct service to the resident.
3. individual Care Plan: The facility shall develop an
individual care plan for each resident. There shall be
established in each facility a written procedure for
reviewing each resident's care plan, for evaluating each
resident's short and long-term needs, .and for reviewing the
are and Cer`?ices provided based on this evaluation. This
procedure shall be the responsibility of a Care Review
Committee.
a.Composition of Care Review Committee: The
composition of the Care Review Committee shall Vary
based on the needs of each resident being reviewed;
provided that each Care Review Committee shall consist
of at least one supervisory nurse, nur -e ' s aide, social
worker or clinical social worker, and activity worker
who are familiar with the resident being reviewed. For
residents with developmental disabilities, the Carr_,
Review Committee shall include a Qualified Mental
Retardation Professional. For residents with. mental
illness, the Care Review Committee shall include .=+
-4 j_.
psychiatrist, clinical social wcrkar, and ower ments].
health -professionals. Other_ persons, including
representatives from physical therapy, occupational
therapy, recreational therapy, dietary, pre.=,rlm='-• ' _
housekeeping, and the resident's physician shall also
be included where appropriate. The resident, when able,
ew?
shall be encouraged to participate in the Care = Review
Committee, or shall be consulted by a stiff member for
the resident's input into the care plan. The Director
may designate additional personnel to be included on
the Care Review! Committee based on the needs of the
•
individual resident being reviewed.
b. Function of the Committee: The Committee =i-l.=l.l
evaluate each es , e }" s immediate and long-term needs
and shall prepare __ rare plan for each individual
resident for services to restore and maintain !T;---q__{ i mu;T!
functioning. his evaluation shall include_ an
assessment of the resident's physical and mental
status, the resident's behavior patterns, and the
resident's environmental milieu s! + as to identify he
current o safety ty problems s _ � the i 'dent
r potential sa r �1_ 1e 'r'='�._ .
including an evaluation of the resident's
self-preservation activities, and the need for
precautions to be taken by the facility too protect he
resident, including additional supervision of
residents. Each Care plan shall contain the following.
(1 ) Assessment of strengths and needs of the r:esi dent l
including the identification of physical, mental,
emotional, and behavioral problems of the resident.
() Measurable goals and objectives for the resioen+_
and services (cloth in -hoarse and community -based), to be
provided on a twenty-four (24) hour- basis, including
type, frequency, and duration. The Care plan =_.n._ll
specify which personnel will be assigned to address t!Y
problems of the resident, their qualifications to do
• so, and what Community services, if any, will be
utilized to supplement services provided by the
facility. Community Services include, but are not
limited to, recreational and leisure activity pr"^gr-ms5
sheltered workshops, vocational training programs, and
other word:: activity programs.
( identification of safety precautions to be carried
out on a twenty-toy+r (24) hour- oasis, whether in the
facility or in activities sponsored by the 'i aci l i ty, by
staff, including supervision of residents, and those
actions necessary to provide safety for residents Yn,_,
are unable to perform self-preservation activities.
Pprecautions..tea ss a C.� carried oI!•r v the resident
Ti'��_ m•_:{ also b_ rr_ o"," _ -
and/or visitors to protect the resident or other
residents from potentially dangerous behavior of the
resident.
(4) Review of drug therapy.
() Identification of one professional staff Person --
be responsible for coordinating y the implementation
the care plans on each shift..
c. Frequency of Review: The initial _valuations of all
n(•'_w residents shall be done within thirty (30) da';-r= of
admission. Each resident shall be evaluated at least
• every ninety (:0) days except residents requiring
_killed nursing cars', who shall be evaluated W:
intervals not greater than thirty l:-_ot days for the
'First simty (60) days and at intervals of not greater
than ninety (90) days thereafter. A written =_!::7•!ST•l.y:"'•:i
of the review shall be entered into the record. a! d
appropriate adjustments in the resident's '"are plan
hall be instituted. he written r_\li ew shall note any
-41 -
note any problems identified in reacming established
goals. Reviews snail L_k_ place more frequently 1Y
there is any change in the resident's needs or K there
is any change in the treatment Or services to be
rotr; 'i fjiad v
d. implementation: Each facility is responsible =ible Or
implementing the care plan and for providing tFii-••.
services to the resident in accordance with the plan..
• -t Physician's Orders_ All treatme{it_. and procedures shall
be administered as ordered b -' physician. However, if a
n+_!r-=e, pharmacist or other health professional believes t -!-
physician's order is not suited to
an individual ; __ide eT
he/she must _all the physician to apprise him%fier of the
problem and obtain a modified ed order or a confirmation of 1-.hk_
original order. . In any case where orders are not followeQ
there shall be documentation in they resident's record
indicating the reason That the order was not followed and
that the physician was notified.
M Advanced d Directives: es: !-=`-h facility jna.11 .
1. Include information regarding a resident's right to
'-t• i theresident's handbook
k
e'.eC�li=2 3n �?�'!'anCe� directive f? -_I"1_
r eq i red i n Section 8-15-=-20) and include - reproductions Of
blank: Directives +ound in the Illinois Living Will Act, 11.1..
Rev. :tat., Ch. 110-1/2, paragraphs /'_ 1- 10 (1987)- he
111iofeiC Power of ts!}'iori_ey Act, M. Rev. S aZ". , Ch.
1 _ .Li`2, paragraphs 60--1 to _ (i'. 'f )q and thosi
prui-+>:ered by the Evanston Commission on Aging. ,he handbook
shall also state that execution of , or refusal to execute,
an advanced directive will not affect in any 6'd_.y the
resident's stay in, or the services of, the facility.
2. Provide residents, at least annually during the
individual care plan conference, or within thin;- ON days
• of admission, information concerning advanced directives,
provided the resident does not have a legally
appointed
guardian or has not executed any form of an advanced
ed
directive.
3. Request est the agent, t_ % resident who has executed
durable power of attorney, to participate with that
resident, in the individual care plan conference and gin•,f
future decision -making regarding the care of that resident.
4. Establish procedures which specify the assistance
available to residents seeking c'td`:'ci[-ced directives. his
assistance shall include but is nro't, limited to
a. providing residents with the name, address,
telephone number of the legally -designated o,l-bud'saTlal'j
program and Cook County Legal Assistance Foundation;
b. _._silting residents in contacting the ombudsman or
an attorneys if _o requested, for the purposes o..t.
executing advanced directive;
C. designating a member o-f t";7ee :_ioe_ia1 Services
Department to contact the above named resources and
family if so requested by the resident. With consent
of the resident, the family and/or representative shall
be informed when a resident executes an advanced
• directive.
_. Establish procedures for the regular review a
provisions of advanced directives with r=si dent sa If -a
resident with such •a document chooses to change, modify or
—42---
cancel the directive, in shall _- properly document_..__ in _n
resident's medical record and individual care plan.
6. Maintainadvanced e+"'ir directives in _ readily
retrievable place for the duration of a resident's stay.
The medical record for a resident with an advanced directive
shall have a special marking on he outside of the record
.'drd
indicating the existence 1f such a document. The resident's
identification wristband or other identification worn by the
resident shall also be marked to indicate the existence of
an advanced directive. Direct -are staff shall be informed
• of residents who have an advanced directive.
I. Provide, upon transfer to a nospitai or discharge :+_
another facility, the transfer information face sheet which
contains notice of or a copy of the advanced directive for
the resident.
S. Inform all physicians responsible for a resident's care
of the existence of an advanced directive. in the event a
physician chooses net to comply with the resident's choice
of an advanced directive, the facility _hall seek the
services of another physician who will comply. if the
physician is a private physician, the facility shall assist
the resident in obtaining the services of another physician.
9. Provide training and in -services for all direct car
staff regarding advanced directives: their legality, .al-:d
their effect on Treatment, care decisions, and emer genc-i
care provisions. implementation and evaluation of the
training and in -services shall be d+_rumenTed and shall
i
include the names of staff receiving training.
W ? Restraints:
1. The 'facility shall develop policies and procedures for
the use of restraints. These shall include:
• a. Procedures for informing a resident that restraints
have been ordered and what to expect during their use;
b. Definitions of the types of restraints, including
but not limited to. physical restraints, mechanical
restraints. Posey belts and vests, the use of drugs
including tranquilizers, soft restraints ,chile in
gteri chai rs and safety devices and their possible side
effects;
c. Conditions which warrant a physician's orders for
restraint, when lesser restrictive alternatives natives have
been unsuccessful in ameliorating the problem;
d. Procedures for monitoring and attending to residents
while in restraint, including but not limited W
repositioning the resident at least once every two
hours, or more often, as his/her condition warrants,
providing regular meals, and toi l eti ng z
e. Procedures r t i H record 1 observations
-r_r maintaining record � r
of residents while in a restraint;
f . Supervision of staff responsible or monitoring _.
resident's condition while in •a restraint; and
g. Methods to reduce or eliminate the use of
• restraints.
2. Documentation shall include who is responsible for
monitoring the condition of the residdent g .the time of
out
each observation, any action _a.._}.]. including
nt_-_._- ... l:
limited to, repositioning, _along vital _.i tgns
providing meals, T of c.9-' i ng and release from restraint.
3. Copies of all restraint t oroars shall be reviewed by the
Director Nursing -,r his/her designee of a i' i it�S
±. _Lor of d� _ ng ?� 1S �. n_r >�e� -_i-f 1 _ I.t�_r". l
basis. He/she shall inquire iS-;to the reasons for
orders of restraints, evaluate the care provided during
restraint, and assess the measures being taken to
reduce or eliminate the use of restraint.
Documentation of This review shall become part of the
• quality assurance program of the facility,,
_'i._ he facility shall provide in-service training to all
direct care staff regarding We use of restraints. It
_hall be part of the orientation for all direct care
staff and shall be provided quarterly for = minimum of
two (2) hours in length. The training shall include
information and skill development concerning the
facility's policies and procedures, the provisions of
this Chapter, State Rules and Regulations, and methods
h:Jr's
to reduce or eliminate restraint use, and shall provide
for sequential learning. Documentation of attendance
shall be rec orued in each employee's personnel file.
(K) Staff identification:
Each facility which has over twenty (20) residents shall
develop Jp and implement policies and proce ores which insure
that .
1. All current employees will possess and wear- an
identification badge which has s their name an^ title printed
in easy -to -read block: print;
f. Each new employee, upon being hired, shall be issued an
identification badge and receive instructions regarding The
wearing of the badge; and
410 S. Upon dismissal or resignation of an employee, the
facility shall require the return of the badge.
(L) Smoking Restrictions:
To insure smoking is limited and allowed with proper
supervision, the facility shal i g
1. Designate one i 1 i area, per f 1 oor , preferably an area in
which there is no ongoing food service, where smoking i
permitted by residents and visitors. Smoking shall be
prohibited in all other areas, exceptthose established for
personl use b staff, , such as offices; or those personal
use areas of residents in sheltered care facilities or
independent living units as established by faciiitY policy
in accordance with restrictions established by the Fire
Department. All efforts shall be made to place nonsmoking
residents together as roommates, and to .'lace smoking
residents together. If a smoker- and non-smoker share a.
room, the rights of the non-smoker shall prevail;
2. Equip each 'smoking area with a properly functioning and
maintained air cleaner system appropriate to the size of the
room to reduce airborne pollutants produced by :smoking;
3. Assess each resident 4 J smokes, as to his/her ability
to comply with smoking rules, for the desire tq reduce or
• quit smoking, and the need for health reasons to quit
smoking. This assessment shall take place at each
individual care plan review conference and shall be
documented in the carp plan;
-44-
smoking area. That person shall be present at all times
when smokers are in he area and shall monitor the smoking
behavior of those residents;
5. Establish policies and procedures es for the use 04 ;.!{oki!'{g
areas, including rules to be given residents regarding the
use of smoking material's and the hours of operation for it he
smoking areas. Such rules shall also be part of the
resident's handbook;
•6. Prohibit staff from smoking while providing direct_ __re
to residents, conducting group activities, or whi i _. in
resident care areas, such as bedrooms, examining rooms or -
the nurse's station; and
C7
•
7. Offer "Smoking Cessation" programs as part of the
Activities Program.
(M) Provide functional life --saving emergency equipment,
including a cardiac board, ventilator assistance bag, and
suction equipment
(�Provide each resident with a functional bedside cabinet J_ _h
a drawer. This requirement shall not affect the requirement
to provide drawers in dressers for each resident
() Application forms which are utilized for the employment o+'
all direct _are staff shall include an inquiry related to
.any prior felony conviction record.
B-11-3-4: ADDITIONAL NAL STANDARDS: he following _.t.an and
Kali apply in addition to State Standards for all f ci liti:= v
hereafter constructed, , for existing structures which are
hereafter converted to use as facilities, and for all additions
to existing facilities:
(A) Provide all corridors with six (c) tempered fresh air
changes per hour at a rate of two Q) cubic feet per minute
per square foot
ii Provide all laundry, storage and counting rooms with four
(4) changes of fresh air and exhaust per hour at the rate of
one and one-half (1-1 /2) cubic feet par- minute per square
'hoot, unless said rooms are `rented directly outside by
proper operable windows
(C) Provide twenty-+ive (25) square feeT of outside space Per
beds
(D) provide a maximum total of one hundred (100) beds for a
c..j-;elter-ed care facility, and a maximum total of one hundred
fifty ({5 i) beds for any combination of skilled,
intermediate, or sheltered care facility. No f aci l i''
whether new or existing, shall be constructed, converted,
altered, created, or expanded to house more then one
hundred fifty f _0) resident beds in a single free-standing
struct<<re=
(r) i='rovide that residents living Spaces ;.li.•all meet the
following st.andards
i' __ square feet of floor area
1 0 -i"�,,r, hundred twenty-five .���. - .- - - _
p bed a provided. _
+=r- b•_ shall l be These two hundred twenty-five
-
+�:a•• feet � c :•e r!r_! {;ne no less than
t`�.:_�1 square f_�•_ +�; living =paC�- shall i -
one hundred twenty (120) square feet of bed space per single
bedroom, one hundred (100) square feet of bed space per
multiple bedroom, a{".'-d seventy-five (75) fact of recreational
.and dining space .per residents
-45-
functional closet or wardrobe with a floor area of no less
than four (4) square re feet. This area is in addition to the
above requirements.
If^ J Provide c one ( i -i bathroom equipped d with = �_ -=�=t A f-t,: ..
_: r m �-- rye_ ' h least _n_ _i.l: _r
each bedroom oom except that one flitch bathroom directly
accessible from each of two (2) rooms may serve !_,.-:_h,
provided there are not more than four (4) r-=='i'==`nts is-f _.._
provided
i 2 rooms. :. addition, c' there shall .1-r'�' one toilet or
t Ito .� r_.�m . n d =i n q 1_ � _ -
each twenty 1201 resident accessible from the corridor.
• r results ; ff,a4r f ) toilets ass !r more, �+`e�:� are `r :_
Where this e_.1_i1 i _h .�• 'i _ _ r
be placed in two (`) separate bathrooms, one .for each sex.
Each room shall contain a 'sink:. Each resident's privacy
shall be preserved.
Provide vi: e e ;1/ bathtub or shower er +r.r each =i.. _1 resident
beds on each floor with direct acces..., thereto T%-•om he
resident's room or from the common hallway.
(H) Provide sufficient elevators, maintained in a Sa
'
operating condition at a ratio of one elevator for each .ili_i
residents and _--staff in a facility.
l 1 1 Assure that windows on the second floor and above,
accessible to residents have limited openings of no more
than 12 inches (one foot).
r ;_i-0 ENFORCEMENT: n addition _ion powers and
s
-:. i_ E I "'i i; ;- i 1_ D the F f' ll o - �, t.
responsibilities provided for elsewhere in this Chapter, the
Department is responsible for the following'
8-- 1 r-`'-1 e DEPARTMENT iENT TO ENFORCE: The Department shall
enforce this Chapter, including the applicable Provisions Of the
State Standards. The Department shall utilize the license
classifications of facilities according to the levels of service
which are established by the Illinois Department of Public
Health and shall issue licenses according to these
. classifications.
B- 1 5-4 -2. COOPERATE WITH OTHER AGENCIES: he Department
shall cooperate with departments of State government- including
the Department of Public Health, the Department rent of Public Aid!
and the Department of Mental Health and Development
!i=a_'ii l i ti es, and the departments of the City of Evanston in
monitoring facilities, with the goal of assuring necessary,
equitable, and consistent supervision of facilities without
unnecessary duplication of survey, evaluation and consultation
services or of complaint investigations.
8-15 -u-=: INSPECTIONS: The Department, whenever it deems
necessary but not less than annually, shall inspect ='ver'--.:
facility to determine compliance with applicable l i cen} ur.e
requirements and standards. The annual inspection shall occur
within one hundred twenty .120! days prior to license renewal.
The department may periodically conduct .an inspection at a
facility for the sole purpose of consultation. n. An i nsp ction,
other than an inspection 04 financial records or for the sole
purpose of consultation, shall be conducted without prior notice
o the facility.,
8--15-4-3la. . INSPECTION CRITERIA: In determining whether to
make more than the required number of unannounced inspections of
a facility, the Department may consider- one or more of the
following: previous inspection reports; prior plans of
oil cor
re} tion; the facility's historyof compliance with standard, rules, or regulations under this Chapter; the facility's record
ctf violations; corrections; penalties, or other enforcement
actions; the number and severity of complaints received about
the facility; any allegations of resident abuse or neglect;
-46-
that deficiencies exist.
i_i- J--4-W ; 2 . REPORTOF FINDING& The Department shall submit
-
_. copy of the Repot{ of Findings to the licensee. Except for
"A" violations,
iof- Report
snail ;e governed in part by Section
8..._1- __ l r-!t-7 te;e -�,i _�. �!t- !_ T!i!�;n-j_= %r-; :� i _.i!Qi%i7 =:
_ _ _ . S-7 1 ; = n ;' !] •_ .. 3 n i_ i !1 C ! . -! _ - _ i _ _ = rs _ _ _ _ _
shall be provided 1n writing to the Department within e__n { i i i
days of receipt of the copy of the report. The Director shall
then determine whether thr� report's � findings �d gs -'omst i t ute .ti
_ n f� � f'• n _ s t ,1 - - � -
r• violations ; t,i`. ;if which r t facility must b given
• violation- ter- i i _ne _,-.arli_n _:!e -_-.c1 _�s t-ri+_..:_ L_., _''��':i
notice in accordance with Section i_-:-1J'_-1 0) -=nd
8-15
-4-3 . VIOLATIONS
(_-_iONS CRITERIA:
._{';_ Determination
-=Y'er i "ii!_n of a -Ji___"I_io
� L based upon n rs the t_ severity r ?findings .r outlined 5 i...r
shallL.-_ O =t�+� t- n -_ �.1T the -•
We Report of Findings, he danger posed to resident health or
safety, the comments ._r d documentation, `f -!_vi der+ b -
! and any, ':' a provided _ the
facility is response sse a Department's .•..e'er t`..I_ s_!. Findings,
2 ni i = � !- !� theReport . n _ � j
the
diligence and efforts to correct deficiencies, corrections
of the repl::rtcf;+'i deficiencies, and r eci_.a,9_ =Ind recurrent
.iol._.r"}_:ns. The Department shall maintain all Reports r^
Findings, facility response_, if any, Statements o Vi :i_._.1_na,
and Plans o Correction for at least five l.-:r years in a manner
accessible to %},`t,:= public in accordance with the 1 _ i 1 not _ Fr _ecr=m
of information Act, 11i. Rev. Star., , e. 116. paragraphs =phs .:01 =t
seq. (1987).
._ 1 -i]r-_ ': �'J UNANNOUNCED INSPECTIONS: An�•f!1• ,i.' of --City
charged +with inspecting facilities who directly or indirectly
gives prior notice of an inspection other than an inspection of
financial records or for consultation, to a facility or to ,f-I
employee oye= or agent of a facilityis inviolation Of this •'_..-.aPmer
and is guilty t a Class h misdemeanor pursuant to !_ t:_, i-;
3-212 a, of the State Act.
B-15-4-4, REPORTS REQUIRED: To the extent necessary to
carry out this Chapter, the Department -hall require periodic
reports and shall have access to and may reproduce or photocopy
• any bock:, records or other documents maintained by the facility. The Departmentshall not divulge or disclose the
contents of a record lender this Section in violation of Section
8-15-4-17 or as otherwise prohibited by this Chapter-.
B-1 -4 RIGHT � {r ENTRY; Any holder of _. license or
applicant for a license shall be sjp•-m'i-d to h='t'=_ given ,en consent --
any authorized officer, employee, or agent of the Department to
enter and inspect the facility in accordance with this
Chapter. Refusal to permit such entry or inspection shall
constitute grounds for immediate denial, nonrenewal , 0-
revocation of a license.
3..-15-4-6a COMPLAINT PROCEDURES: ° The Department snail
investigate all complaints thoroughly and Promptly. Such
investigation shall be carried out according to the following
procedures:
A person who believes that this Chapter may have been
violated may request an investigation. he request ^a•:.: be
submi!!b tt-.sd i-- t_sr+ Department ! writing, i'.r �'e epMi_!te or i=: '•_
tted -- -!3 -' - _far _!.._n t 1 r. .r _ - ! _ � �!�'.' -
!er=ona1 visit. An oral complaint shall be reduced =!::_r
writing by .he Department.
(Li) The substance of the complaint shall be Git^.'`;;1d!;d in writing
to the licensee, ,owner or administrator no earlier than at
the commencement of the on -site inspe_tion of the facility -
which takes place pursuant to ''r_he complaint.
t_ t a not disclose s c 1 o _. e the name r .. the
+:;�� The Department =�:._.1:i n_ �.. t-:_ .m-_ i" !>_
complainant unless the complainant consents in writing --
the disclosure of the investigation results, in a judicial
-47 _._
oroceeding, or unless aisclosure is essential to tmc--,
investigation, in i'?r3i!ch case the complainant shall be given
she opportunity to withdraw the complaint before
disclosure. Upon the request of the r-� :-mpl •ai nan"_ the
Department may permit the complainant or a representative of
the complainant to .accompany the person making the on -site
inspection of the facility.
-"_''1 Upon receipt of a complaint, the department shall ond_'.ot an
investigation to determine !whether this Chapter or State
Standards have been or are being violated. The Department
nt
shall begin investigation of all complaints. of abuse 0r
nieglect which indicate that a resident's life, health, or -
safety 1' in imminent danger withintwenty-four (24) hours.
oT receipt pt of the complaint. � a. =m_ t 1 begin
s_F.�r:= eo ��, ��-: shall o �in
investigation of all tuner complaints alleging =.'use and
neglect within seven (7) days of receipt 04 the complaint.
investigation of all other complaints shall begin with11'
thirty (0) days of receipt of the complaint. ;-ill
complaints shall be classified ` as 'valid or invalid. For c;r1',i
complaint classified as valid in the Report of Findings, the
Department shall determine it any r%1P -. provision of this
Chapter has been or is being violated. if the Department
determines that a violation has occurred, a Notice o
Violation and a Statement of Violations shall be issued.
(E) in all cases, the Department shall inform the complainant of
the results of its investigation. Within fifteen (15) days
of the issuance of a Statement of Violations, the Department
shall mail to the complainant a cop`; of the Report of
Findings and the Statement of Violations. The complainant
-1=-e';- request the Department to send a r-,-p of such reports to
another person subject to the provisions of The Illinois
Freedom of information Act, M. Rev. St._.t. , Ch. 116,
paragraph 207 (1987). The Department's reports may include
comments or documentation provided by either- the complainant
or the licensee pertaining to the complaint. The name of
the complainant or resident shall not be disclosed in any
notice to the facility. The Notice of Violation shall
411 Include a cop; of the Statement of Violations; the
correction order, if any; the warning notice, if a.n'•.?; and ._.
copy of any other actions taken by the Department a
specified in Section 9'-15- 5-1.
(F) A Statement of Violations and any actions taken by the
Department concerning a complaint shall be available for
public inspection, subject to the provisions of the Illinois
Freedom of Information Act, 111. Rev. Stat. , Ch. 116,
paragraph 207 (1967) , but the name of the complainant or
resident shall not be disclosed wit ut his/her consent.
j_) u complainant who is dissatisfied with the determination n
investigation by the Department may request a hearing under
Section 5-15-6. The facility shall be given notice of any
such hearing and may participate in the hearing as a party.
If a facility requests a hearing under Section 5-15-6 which
concerns _? matter covered by a valid complaint, the
complainant shall be given notice, and may participate in
the hearing as a party. A request for a nearing by a
complainant shall he submitted in writing to the Department
ent
within thirty (30) days after the mailing of the
Department's findings as described in Section b-15-4-6 e' ) .
Upon receipt of the request, the Department shall conduct a
hearing in accordance with Section 8--15-6.
(H) A licensee,
discharge,
ge,
resident, _
employee or
or files a
the report
its agents or employees, shall not transfer,
evict, harass, dismiss, or retaliate against =.
resident's representative or an
agent who makes a report under Section .ems-15 _ -1 _
complaint under Section 8-1 -4-6 ;:=!j because of
or compla'inO.
- _18.__.
1 Any person, institution or -agency participating in g000
faith in he making of a ?report, Or in, the investigation e of
such a report shall not be deemed to have violated any.
ori'vi l eed communication and shall have immunity 4r om any
liability, civil or criminal or any other proceedingsl
=i vi l or criminal, as a consequence e of making such r _port ,
The good faith of any persons sons required to report, Or
permitted to report, cases of suspected resident abuse Or
neglect under this Chapter shall bje presumed.
• B- 1 =:-4- r : DEPARTMENTAL DISCHARGE OR TRANSFER OF Rt-= I y EN I .
The Department may transfer or discharge any resident from an'';i
facility when any of the following conditions exist:
(A) Such facility is 'operating without -a tic ,ense3
'.,i,_;j The Department has suspended, revoked or refused to renew
the license of the facility, as provided under Sections
1` l
(C) The facility has requested the aid of the Department in the
transTer or discharge of the resident, and the Department
finds that the resident consents to transfer or discharge;
(D) the facility is closing or intends to close and adequate
arrangements for relocation of theresidents have not been
Made at least thirty (30) days prier to clQs.urea or
(E) The Department determines that an emergency exists which
requires immediate transfer or di=_ci-targe of the r__.ident.
in deciding to transfer or discharge a resident from -.
facility, the Department shall consider the likelihood of
serious harm which ch may result if the resident remains in the
facility. Residents small be involved in planning t:
transfer or discharge and shall choose among the available
alternative placements, except that if an emergency makes
prior resident involvement impossible, the Department may
• make a .temporary placement until a final placement can be
arranged. Residents may choose their final alternative
placement and _hall be given assistance in transferring to
_.rich place. No resident may be forced to remain in a
temporary or permanent placement. Where the Department
makes or participates in making the relocation decision,
consideration shall be given to proximity to the resident's
relatives and friends. The resident snail be .allowed three
(3) visits to potential alternative placements, prier- to
removal, except where medically contraindicated or where the
need for immediate transfer or discharge requires reduction
in the number of visits.
-4-8, DEPARTMENTAL TRANSFER OR DISCHARGE, SAFETY
PROCEDURES: Where the Department so transfers or discharges
residents, it shall arrange for the preparation of the resident
transfer or discharge plans to assure safe and orderly removal
and to protect residents` health, safety, welfare, and rights.
in nonemer gencies and, there possible, in emergencies, the
Department shall design and implement such plans in advance
transfer or discharge.
.. ,� _ r DEPARTMENTAL
-� ' TRANSFER OR DISCHARGE, NOTICE
;��-�=�-�--, li�r'hi-�:i.,_��T�,L i,. t-._r�r�: _�:_ �st✓i=: E, i•; i��'E
REQUIREMENTS: Where the Department transfers or discharges
r-jesidents, the Department shall
(A) Provide written notice to the facility prior to the transfer
or discharge. The notice shall state the basis for the
Order of transfer or discharge and shall inform the ?a'.ci l i t;!
of its right to an informal conference prior. to transfer of
discharge under this Section and its right to -? subsequent
hearing under 'erection B-15-4-11 below. If a facility
-49-
desires to conteEt nonemergency transfer or diacnarge prior
to transfer or -discharge, it shall within four (4) working
days after receipt of the notice send a written request for
an informal conference to the Department. The Department
shall within four (4) working days from the receipt of the
request hold such conference. Following this conferenze,
the Department may affirm, modify or overrule its previous
decision. Except in an emergency, transfer or discharge may
not begin until the period for requesting a conference has
passed or, if a conference is requested, until after a
conference has been held and a decision renoered.; and
(B) Provide written notice to any resident to be removed and to
the resident's guardian, representative' or family. The
notice shall state the reason for which transfer or
discharge is ordered and shall inform the resident of the
resident's right to challenge the transfer or discharge
under Section 8-15-4-11 below. The Department shall hold an
informal conference with the resident and the resident's
guardian, representative, or family prior to transfer or
discharge, at which the resident and guardian, the
representative, or family may present any objections to the
proposed transfer, discharge plan or alternative placement.
Following this conference, the Department may affirm, modify
or overrule its previous decision. Except in an emergency,
transfer or discharge may not begin until after a conference
has been held and a decision rendered.
8-15-4-10: DEPARTMENTAL TRANSFER OR DISCHARGE, EMERGENCY
REMOVAL: In any transfer or discharge conducted under Section
8-15-4-7(E), the Department shall notify the facility and any
resident to be removed that an emergency has been found to exist
and removal has been ordered and shall involve the residents in
removal planning, if possible. Following emergency removal, the
Department shall provide written notice to the facility, to the
resident, and to the resident's guardian, representative, if
any, and to a member of the resident's family, where
practicable, of the basis for the finding that an emergency
existed and of the right to challenge removal under Section
8-15-4-11.
8-15-4-11; TRANSFER OR DISCHARGE, HEARING REUUESTED: Within
ten (10) days following transfer or discharge, the facility or
any resident transferred or discharged may send a written
request for a hearing under Section 8-15-6 to challenge the
transfer or discharge. The hearing shall commence within tnirty
(30) days of receipt of the request. Where a challenge is by a
resident, the hearing shall be held at a location convenient to
the resident. No resident transferred or discharged may be hald
liable for the charge for care which would have been made had
he/she remained in the facility. The Department shall assist
the resident in returning to the facility, if assistance is
requested.
8-15-4-12: 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 of
implementing transfer or discharge plans.
8-15-4-13: MONITORS AND RECEIVERS: The Department may place
a monitor in a facility or may petition the circuit court for
appointment of a receiver for a facility or both, when any of
the following conditions exist:
(A) The facility is operating without a license;
(B) The Department has suspended, revoked, or refused to renew
the existing license of the facility;
(C) The facility is closing or has informed the Department that
-50-
.'_'•, f _r i _ 1 I s p r- i n r- t' t-
i'lji p ip, r!_.� Grto a.-?"}t_
l-; L_ra. _sv_n=rRllr} _.r! f::_r_
_r rtor ~_, +_rle: �r-
ii- % P iiGr! r e. f doitinp=. t ��..
- ) n _ra.r __m n _ _ -er: : __ _n
rprrjQ„'t !ter- ,==Llrr=1? _ Z _!1 z; i i._ir!E n
he { ; i •j' o (-. c. a "J p ,-!ice a_ r,'i_ i !� ? E %r"
io ri _ Ue?.ar-}sncrt n) _n.e ovule ;q L T
li ! n_ r_�or __ _ _ ._ m=_:nl __r f _ r
`j_`vrr!: .r`j_Inc'�rSt _.�=*,�_1a 'r _tt�1A; !�!.,�r-S% cT14•, !"ron�t_n �c ict !_n
I CON i'•.1 1 y !r I i-: T i ! i i-i ! ' iz : +'-
resident, ? 'pSl�=nfi _ !ri �3.�n rt r_'=1�_n= _ r-�nr--=='f=�._i = - =r
g �_. _. _
alr
,t ri_S_i dent c r1 e::t +�"�• ,'.lid �i�.!__ Tn•_. ^n ty+iir f�f=f; ''i _.._=%
o —f _ ! ! e rftS tii>_! z_4 v e r 1 4: i != d •e r 1 t 1 +-_• n 7_ _! "r r7i a !_ i ;- !_ # I 1 (_ _ - t ! r !_ ,r'
lCoot: County for an t_'+.'-ci+=r placinn
_-1_-+-15y i r" !_!S`'dS}'St-1 l !jr Y'.
C-0LIr'- aQ.p!oi n.r+ilant !or ar e'-_-ei `f er s a.1 f1e i n aC!_'_r-!=._ t i};
c t , sections _ Jt_3_ i_nrOUgh
• •-'1!c-4-Ieb, t-'!�BL.IC '_s'1 L:L_OSSUR� 1'1'`�1-!'P;fy!f=! { �f Cli l !'t•� i•.�_ i='t:�11P.!�
lnrormat ion i= SL!•bject to d1_--.+ 1o=Sur e i=:^. tf"Oe pub I I f-!'
Dep-ar-tm e nt a
iii% Information ubmittrd tinder
.�'E' _. -�ri -ro ff?=. t i on -r. n c r n in q Z _.,'!;-!er"'a T1!=;'
or oersonne1 11cen=ea, r e g J a t = r e or !=ertl ed b t!"t!
1111nai= DOepa.rtment of ProteS51onal i^:egLt1ation .=:r!+d k!o!-!th1':'
cflarges tor an`{ individual private residenta
(hi Records or license inspection=, Report_ of IFindimg=,
Facl l i t`d Responses, Sit atemen t= of Vi of ati on , F.:ECI le5•t' • i or
Hear ingsi, and Pans of C=+r_rSrtionsub _Jet__ T_+ _r•_�' _r _• =_Zon
+o'r the Illinois r'reedom oi• intc!r ati fir! �r_t n i 1 L = �`v �C-=•=n g
Ch l 16 , p,�r agr ":ph 1 I. _i ! :!
( _! Cost and reimbursement reports c.Lttbimi !_ =ed
'-ectlon ts-15-t-itrr?t a report's o� a!tdit_. of •r_t_llIi_1=_ _.!!+]
it A- Public recorO-S concerning costs i n __.r-r_!� ^ %� _l_
received Lrk-, %and r-imbUrsement '_•y' -r acilit1!-5, =_;nd
Cop3 aints riled against a tacility a ;d +=osr!plair,=
m
ti,e5t t apnrt=. ie ca t t�:at a comp I ai nt or = ,f -:p _ �.i flt
i r! 1 � a =ion r- •_ r- ._ , , _ p ,-
inve =ti Qatl on report sf Iai l not be di=c1o=Ad T'o oet- on
other than the c t?pl--_:tin_--'_nr or comp!i=1nc?nt s
be --ore it is disclosed to a r==ilittf
resident's name --;hall not be discicsec =.-CEnQ'r• !!n,ier- :=,e ?_i'=n
t�i-15-4~-6 is C % abo •rp
the 'Del3artment Shall disclose inrormaticn Llr!der !i _-'C:=J in
accordance t,.i41tl provi=.ion= for inspe= ion ;and !_i_!p%/ing Jr .!!0!__r'
.-+! � b♦r A l no S =_eulc t1'r ! -)•` T%'f n:51 --�..
r-•ecords re•� {ir_d t�?_ Ii i i t=r_ .} ��. _r !_: _ ,._--
F"1fl'�`�e'd`pr-a +'ie d?
i--0
!=.11 no' Ca r-P=i r-i cte b:_' n'*! rJ:r f_`•`:=1 ±f1 l` ii#_
t_
liL1n!��_ rre�dc!m of Int•orMatii_!n E c:t
-i•_+-= -1 : )1'�FIL�'s� i IFrL-I i , _+ r: + ?r;;Lti; �'-!- -- - -
respert the cco, n+ i+denti-a11ty of a re=ie_'nt - re!=!ord a nd i!
div!!1 ge or dl_rio'se the contents O a record 1'I a manner ?.)1-!1Ln,
identifies the resident, except upon - resi;j emt. . d=atn IZO .e
r mIatJve or guardlan; or under- jLid icial prC!Lpc..l1n9
=aCtlri{! Stall not [E' +=on_trls.=d 7=o �.1mJ the r'�QIS!_ ':T d. ':'- i!�i�'tl!_
ro in=rJe(_t or copy his/her own r ecc-r-!3a on-; idy_n!tiaJ r#=r ic a
a!v3 •Ek personal for iinanc lal iniortrl-ation 1'r'enLit`s'ina a re-_i dent-
shall not be available for Public inspection in a manner Which
identifies a resident.
S-L5-4-18: DIRECTORY OF FACILLIES: Each year, the Department
shall
prepare
pr pr=re a directory of facilities in Evanston
n to be made
available to the public. The
information in the directory z!
be forwarded to the Illinois Department of Public Health for
• -rr l ,-si;_T� annual statewide recto y. The I! �oartment may
i t_ � in an nn•- _directory. r ep _
charge a fee for the directory. The directory shall contain, at
a minimum, the following information -
(A) The dame and adre=•s of the facility;
T.b! The n!!mLear and type of licensed beds"
(C) he name of the cooperating hospital, it any;
l.l!' The name of the administrator;
(E) The facility telephone number; and
(F) Membership in provider associations and accreditation
organizations, if any.
8-15-4-I . ANNUAL REPORTS ON EACH !'ACIR_l!.*. REQUIRED: TheiDepar'r tent shall make at least_ one report an 1 each facility in
Evanston annually. All conditions and practices not 1n
compliance with .applicable standards within t_ie last year shall
be specifically stated. if a violation is corrected or is
subject to an approved plan of correction, he same shall be
specified in the annual report. The Department shall forward
said report to the Illinois Department of Public Health and
shall send a cope to any person upon receiving a written
rt=pf_!•e=t=. The Department may charge a reasonable Tee to cover
copying costs.
• 8-15_4-20: DEPARTMENT NOT O PRESCRIBE TREATMENT: The
Department shall not prescribe the course of Mani =a. treatment
provided to any individual resident b the resident's physician
an
in ._,. facility.
l 5---4 1 ; WEATHER AND OTHER HAZARDOUS CONDITIONS: ! i`! -
Department shall develop and implement a system of educating
facilities and their personnel as to weather emergencies or
other hazardous circumstances which may endanger resident health
or safety and promulgate any precautions to prevent or minimize
I
such danger. The Department may assist any f ac i l i t
experiencing difficulty in dealing with such emergencies. The_
Department may provide for announcement to the pt!bli= of the
dangers posed to facility residents by existing or potential
weather or hazardous circumstances.
f --•l5-VIOLATIONS, ADMINISTRATIVE i` E WARNINGS, AND PENALTIES;
IES;
B-15-1 (`H). NOTICE OF VIOLATION .'=NfD =Tr±ENENT OF VIOLATIONS;
�J
if aFtar receiving tna reporr Epecifies in Eection 0-1t-4-3 UK,
the Director or his/her designee(si determine(s) that a facility
is in violation of this Cbapterr, he/she shall within tMirty 130)
working days of the date of the Report of Findings servea-
written Notice of Violation and a Statement of Violations upon
the licensee. The Notice of Violation shall inform the
licensee of any action the Department may take under this
Chapter, including the requirement of a facility plan of
correction under Section 8-15-5-3; placement of the facility on
a list prepareo under Section 8-15-5-4; assessment of a penalty
under Section 8-15-5-5; issuance of a conditional license under
Section 8-15-5-11: or license non -renewal or revocation under
Section 8-15-2-11. The Director or his/her designee shall also
inform the licensee of its right to a hearing, under Section
8-15-6. The Statement of Violations shall be prepared in
writing and shall specify the nature of the violation and the
provision or rule alleged to have been violated. If a Facility
desires to contest any Department action under this Section, it
shall send a written request for such a hearing, pursuant to
Section 8-15-6, within ten (10) days of receipt of the Notice of
Violation and Statement of Violations.
8-15-5-100 ADMINISTRATIVE WARNINGS:
1. Each Administrative Warning shall be in writing and
shall include the following information:
a. A description of the nature of the violaticn;
b. A citation of the specific statutory provision of
this Chapter which the Department believes has been
violated; and _ .
C. A statement that the facility shall be responsible
for correcting the situation, condition, or practice.
2. Each Administrative Warning shall be sent to the
facility and the licensee or served personally at the
facility within ten (10) days after the Director or his/her
designee determines that issuance of an Administrative
Warning is warranted.
3. The facility is not required to submit a plan of
correction in response to an Administrative Warning.
4. Any facility issued an Administrative Warning under
this Chapter shall not be entitled to a hearing,
5. If the Department finds, during the next on -site
inspection which occurs more than 90 days after the issuance
of the Administrative Warning, that the facility has not
corrected the situation, condition, or practice which
resulted in the issuance of the Administrative Warning, the
- Department shall notify the facility of the finding, and
shall issue a Notice of Violation and Statement of
Violations, charging the facility with at least a Type "C"
Violation. The facility must then submit a written plan of
correction within ten (10) days of receipt of the Notice of
Violation and Statement of Violations.
8-15-5-2: SEPARATE OFFENSE FOR EACH DAY OF VIOLATION: For
Type "A" violations, each day of violation from the date of
discovery constitutes a separate violation for purposes of
assessing penalties under Section 8-15-5-5. For Type "B" and
Type "C" violations, each day the violation exists after the
date upon which a Notice of Violation and Statement of
Violations is served under Section 8-15-5-10) shall constitute
a separate violation for purposes of assessing penalties under
Section 8-15-5-5(1)(A). No penalty or fine shall be assessed
for a condition for which the facility has received a variance
or waiver of a standard from the Department.
6--'1=- . ABATEMENT PROCEDURES: ES: Any violation shall be
abated cz di :ems to the followingschedule.
e.
A) The situation, condition, or practice +consti ut_iny a Type
"A" violation shall be abated or eliminated immediately upon
[_n
the order of The apartment unless _. fixed period not
exceeding fifteen (15) days, as determined by the Department
and specified in the Notice of `:violation and order of
abatement, is allowed for correction.
• (B) At the time of issuance of ? notice of airpe "_" or Type
violation, The Department shall request a plan of
correction, which is object to the Department's approval.
The facility shall have ten (1 i ) days after receipt of he
Notice,of Violation and the Statement of Violations in r:'nich
to e prepare and submit a plan of correction. The Department
may -.'tend this period up to third' (30) days if correction
involves substantial capital improvements. The plan shall
include a fixed time period not in excess of ninety (90)
days within which violations are to be corrected. ed. the
Department rejects a plan of correction, it shall _end
notice of the rejection .and reason for the rejection to the
facility. Except as provided in section e-'15-5- (i) (E) for
Type 1 B" violations, the facility shall have ten (10) (jays.
,after receipt of the notice of rejection in which to submit
a modified plan. if the modified plan is not submitted or
if the modified plan is rejected, the facility shall follow
a plan of correction imposed by the Department.
(C) if the `:violation has been corrected prior to submission and
approval of a plan of correction, the facility may submit a
report of correction in place of a plan of correction. Such
report shall be signed by the administrator- under oath.
(D) Upon a licensee's petition, the Department shall determine
whether to grant a licensee's request for an extended
correction time. Such petition shall be served on the
• department prior to expiration of the correction time
originally approved. The burden of proof is on the
petitioning facility to =_•now good cause for not being agile
to comply with the original approved correction time.
(E) if a facility desires to contest any Department action under
this Section, it shall send a written request for a hearing
under `_iection B-15-6 within ten (10) days of receipt of
notice of the contested action. The hearing shall be held
as provided under Section 5-15-6. Wherever possible, all
actions of the Department under this Section arising out of
a. Notice of Violation and Statement of Violations shall bie
contested and determined at a single hearing. issues
decided after nearing may not be reheard at subsequent
hearings under- this Section.
-15-5-4: LIST OF VIOLATORS PREPARED: site Department shall
prepare on a quarterly basis a list containing the names and
addresses of .all facilities against which the Department during
the previous quarter has:
(A) Sent a notice under Section B-15-5-7 regarding penalty
assessment under Sections 5-15-5-=e i ' (A) through (E);
(B) Sent a notice of license revocation under Section i_._1 _ea-2-:1 1 q
(C) Sent a notice refusing renewal of a license under Section
i8-15-2-11
(Di issued a conditional license for violations described under
Section's E-15-5-'1 (A) , 8-15-5-3 and B-155-11;
(E) Placed a monitor under Section B-15-4-13; and
-54--
action(F) initiated an
tM MPOint a receiver under Sect!"'
8-15-4-134
In addition to the name and address W the facility, the - i _T
hall include the name and =4ddKesd of the person or licensee
against whom the action has been initiated, a summary of the
facts which warranted the initiation of each action, We type of
action initiated, the date of the initiation of the action, the
amount of the penalty assessed or _.(_?light to be asse•_sesl - i l- any,
and the disposition of the action, if completed. The list shall
be available without charge to any member .of the public upon
oral or written request.
8-•- 15-5-5 a PENALTIES AND
�N D
tJ RESTITUTION; The licensee of y
facility which is 1n violation of this !_3t=tptie�r mc+.'}% be subject to
the e 1 tF e levied Department _nd the restitution
n_ penalties i.-- l�_ d h-; the
provisions as specified in this Section.
8-15-5-5 (1) PENALT i E W
(A) Unless a greater penalty is allowed under Section
8- 1 5-5--_+ L i : (D) , _± licensee who commits c-! Type "A" violation
is automatically issued a conditional license for a Period
of six (6) !months .and assessed a penalty computed at a rat_
of five dollars ($-5.00) per resident in the facility plus
twenty cents ($.20) per resident for each day of the
violation, commencing on the date the violation is
discovered and ending on the date the violation is
corrected, or a penalty of not lees than seventy-five
hundred dollars (iy% 00.'•_0) , whichever is :greater. the
facility shrill also comply with an order of abatement issued
under Section i_-15- 3 any ,=:r tm a t•--1 m: if_._.etd 'plan of
t_.nd r ',_ i- n � _ �;r and rl;, i�'=P-:r�_+-< .p
correction.
!Bi A licenCee who commits a Type n'B" violation is subject to a
penalty computed at a rate of three dollars {:; T— 00 ) per
resident in the facility plus fifteen cents Q.15i per
resident for each day of the violation, commencing on the
date a Notice of Violation and Stafiement of Violations is
411 served under Section B-15-5-1 and ending on the date the
violation is corrected, or a penalty of not less than one
thousand dollars ($1000.00) , whichever is greater= Such
penalty, if assessed, shall commence on the date of service
of the Notice of Violation and Statement of Violations and
may be suspended for violations that continue after such
date upon submission of an approved plan of correction in
accordance with Section 8-15-5- . The final penalty
computation may be reduced or waived in accordance with
Section 5-15-5-5. Failure to correct such violation within
the period approved by the Department and under a plan � -f
correction shall result in a penalty and conditional lii__n_e
as provided under 'erection B-15-5-5i 1 'J L E? .
W A licensee who fails to correct a Type "C" violation within
the time period od approved under a plan of correction or any
lawful extension granted by the Director or timely to submit
.a plan of correction pursuant {ant to Section B- { =:-_' may be
subject to a penalty computed at a rate 4 one dollar fifty
cents 01.50) per resident in the facility plus -en cent
Q. 10) per resilient for each day of the violation, or
penalty of not less than five hundred dollars s 500.00) ,
whichever is greater, commencing on the date the Notice of
Violation and the Statement of Violations is served under
Section 3-15-5-1 and ending on the date the violation is
corrected. If an original plan of correction is approved
• and carried out, no penalty shall be assessed.
(D) A licensee who commits ' Type "A" violation winic h continues
beyond the time specified in Section 5-15-5-30? shall be
cited with a repeat violation, shall have its license
revoked, and shall be assessed a penalty three (5) times the
Menalty computed per resident par day unoer Eectio!.!
8..._155-5(;-+)or ='- fine of twenty-two thousand, five
hundred dollars 022,500.00), a whichever i- greater.
(E) A licensee who fails to satisfactorily comply with an
approved Milan of correction for a Type "B" violation shall
be cited with a repeat f?P_'•ti violation and shall be automatically
issued a conditional license for a period od of not less than
six (6) months together with _t Department -imposed plan of
correction. A penalty shall be assessed in accordance with
_:
Section B-15-5_ (i ) () . This penalty shall be computed for
• all days of the vi olation, including the duration of the
first plan of correction compliance time. A licensee who
fails satisfactorily to correct or address =. repeat or
recurrent Type +epee violation is subject to •= conditional.
i:cfial
license. In determining whether to issue such a l i ect=nse ,
the Director shall consider the factors set forth in Section
B - 1 5- 5-8 1. l_ :e .
(F) For the purpose of computing a penalty under Sections
5- 511.! (A) through (E) the numberof residents :ter day
hail be based on the average number of residents in the
facility during thirty e_ _0 a days preceding he discovery of
the violation.
15 -5 (2 ) RES T I T U I ClM
e:E-i1 Violation of r.eslhe±'1t's !^:lgl'"lts and Facility Requirements:
Upon being issued ?ed an Administrative Warning or ,a Statement
of violations for a Tapia "A," "B", or "C" Violation, which
�' :.:e t- c t provision •-i e c i' e, s }_'.S •- 1 t.. _ l - B - y _ ._
vt__.y_e� that a f Sections _ _ r 1•:+-_a"
been violated with regard to a particular resident, the
facility may be ordered, with the approval of the resident,
to compensate each identified resident one hundred fifty
dollars ($150,00) , to be placed in an interest -bearing
account in the resident's name.
i B i Property Damage or Loss; Upon being issued red an Administrative
• Warning or a Statement of Violations for a Type "A", "B" , or
11t " Violation,which states that a resident right of
property protection, as defined in section has
been violated, the facility may be ordered, with the
approval of the resident, to compensate the resident (s) for
the a ct� tal cost of the damage or loss, or one hundred fifty
doll•ars 0150.00), whichever is greater, to be placed in an
interest -bearing 'account in the resident's naive. l
requested by the resident, the facility shall assist the
resident in replacing the item.
(C) Privacy Rights; '-upon being issued an Administrative Warning
:_t Statement f Violations fo Type . A `'B� _t_ e;!_:e
r a o r- �� ;r_ , �,
Violation, which states that a resident's privacy rights.
as defined in section B-15-=-1 have been violated, the
facility may be ,ordered, With the .approval of the resident-,
to reimburse each identified resident five hundred dollar
0500.00) , to be placed in an interest -bearing account in
the resident's name.
(D) Neglect: Upon being issued an Administrative Warning or a.
Statement of Violations for a. Type "A", "Bu - or :et-• .
Violation, which .state_ that a resident was neglected, the
facility shall be ordered, with the approval of the
resident, to compensate each identified resident one
thousand dollars ($ 1 , i 00. hill , to be placed in an
interest -bearing account in the resident s name.
• (E) Psychological Abuse: Upon being issued an Administrative
Warning or a Statement of violations for a. large "A", 1 B" , or
"C" Violation, which states that. ,_. resident was
psychologically abused, the facility shall be ordered, with
the approval of the resident, to compensate each identified
resident twelve hundred dollars to be pjacad i!---,
an interest -bearing account in the resident's name.
(F) Physical Abuse: Upon being issued .an Administrative Warning
Statement a �atement of Violations f e=+ a Typ"A", "B - or-
Violation, which stated that a resident was physically
abused, the facility shall be Ordered, with the approval of
the resident, to compensate each identified resident two
thousand dollars ($ !_)i}._l,!:0) to t_!e placed i
, _ _ , _ r, _ a � h an
i
interest -bearing account in the resident's name,
• -
l��J •Sexual7Abuse:��pon being i s=Ll=d an Administrative Warning or
a Statement of Violations for a Type '`A", "j " or_ 401
Violation, which states that a resident was sexually
abused, the facility shall be ordered, with t'-..= approval
of the resident, to compensate each identified resident four
thousand dollars ($4,000.00) , to be placed in ar,
interest -bearing account in the resident'_ name.
( ) Monetary amounts recovered by residents under this Section
and any interest accrued shall be exempt -for purposes o-f
determining initial or continuing eligibility medical
assistance under the Illinois Public Aid Code, Z11, Rev.
�
f:? .tat , , L i'! i_, . 9 par. 1-1 et seq. '. 1 9 %J t '1 as now ,, e.r or h e r._ 2 ._ f t e r-
amended , and shall neither be taken into consideration nor"
! r reqi red to be applied toward the payment or partial payment
of the cost of medical care or services available under
the
Illinois Public Hid Code.
(1) All restitution paid to the resident(_) shall be paid within
ten (10) days of receipt of a Statement of Violation and .a
Notice of Restitution. Verification that restitution has-
been paid by the facility shall be provided to the
Department within ten (10) days of the payment.
8-15-5-6: PENALTY DETERMINING FACTORS: In determining
whether a penalty is to be imposed for a violation, the Director
shall consider the following factors:
is (A) The gravity of the violation, including the probability ?_h,=et
death or serious physical or mental harm to a resident will
result or has resulted, the severity of the .actual or.
potential harm, and the extent to 'which the provisions of
the applicable statutes or rregulations were violated;
(8) The reasonable diligence exercised and efforts made by the
licensee to correct violations;
(C) Any repeat or recurrent violations committed by the
licensee; and
(D) Any possible financial benefit to the facility old gain
as a result of committing or continuing the violation.
_ t
i_i-1 J-'J—r : ASSESSMENT OF PENALTY: the Director may directly
.assess penalties provided de Section - -
F- p d d for !+n��_r _e.__ion �-1C-:o-_p(1? of v'.^.i
Chapter. if it is determined that - penalty should be assessed
for a particular violation or for failure to _- it. ._a
notice shall be sent to the facility, The notice =hal l peci f'•
the amount of the penalty assessed,the violation, the Chapter :
Provision, _•loin, or state standard alleged to have been violated, and
the right to a hearing under Section `i-15-6 of this Chapter. if
the violation is a repeat or recurrent violation, the notice
shall specify the amount additional r assessment per a/ r
sp�-- m-'3_.nt of atb+,l •_1 final ?s='='_s P es+ day -;-:_'-
the violation.
• - -- -. FOR r`•;L T .j Y+1•``E'��ii'!EI`! 1 . PLANS r=!�.=.: CORRECTION:
imposition of penalties for Types f1A", and 1 C" violations
-shall conform to the following:
(A) In the case of a T _p= "A" violation, a penalty shall be,
the penalty; or
'.C. Revoke the license of The facility.
8--15-5-11: CONDITIONAL LICENSES: In addition to the issuance
of •a conditional license pursuant to Sections S-15-2-51
8--15-2- 0), and 8-15- 5 (i) of this Chapter, he Director may
issue a conditional license to any facility if he%she finds that
Type "B" or Type "C" violation exists in such facility. The
issuance of a conditional license shall supersede any license
previously held by the facility.
(A) Prior to issuance if a conditional licence, the Department
shall develop a written plan of correction to he imposed
upon the facility. The Department shall specify the
violations which prevent full 'licensure and shall establish!
a schedule for correction of deficiencies. issuance of a.
full license shall be conditional on the timely correction
of the deficiencies in accordance with the plan of
correction or on the completion of the mandatory time
periods established in this Chapter for automatic issuance
of conditional licenses.
(B) Written notice of the decision to issue .a conditional
license shall be sent to the licensee together with:
(1) the specification of all violations of this Chapter
which prevent full licensure and which form the basis for
the Department's decision to issue a conditional license;
and
(2) the Department -imposed plan of correction. The notice
shall inform the applicant or licensee of the right to a
hearing under Section 5-15-6 to contest the issuance of the
conditional license.
(C) if the licensee desires to contest the basis for issuance of
a conditional license or the terms of the plan of
• correction, the licensee shall send a written request for
hearing to the Department within ten (10) days after- receipt
by the licensee of the Departmentos notice and decision to
issue a conditional license. The Department shall hold a
hearing in accordance with Section S-15--6.
(D) Except as otherwise provided in this Chapter, a conditional
license shall be issued for a period specified by the
Department, but in no event for a period exceeding one `1)
year. The Department shall 1 periodically inspect any
facility operating under a conditional license. i.f the
Department finds substantial failure by the facility to
correct the violations which formed the basis for the
Department's decision to issue a conditional license; the
conditional license may be revoked, as provided under
:_section B-15--2-11.
(E) The Director may issue a conditional license to an applicant
in lieu of a probationary license, if the facility held a
conditional license at the time he applicant purchased he
facility, and the violations resulting in the issuance oi a.
conditional license have not been corrected.
3-15-5-12: INTERFERENCE WITH ENFORCEMENT; No person =hall .
(A) Intentionally fail to correct or interfere with the
correction of a Type "A" or Type "B" violation within the
• time specified on the Notice of Violation or approved plan
of correction under this Chapter- as the maximum period give'')
for correction, unless an extension is granted by the
Department and the corrections are made before the
expiration of extension;
-59-
r!ri •�j l;� ;-+!•-_ =r7 1.._t Zre
_ i? r • •= :.1.= �J a ?-! :_` _! ? !'I_ j l r-r i _ e,-i _ r '..t e 1 _ i '� %y -i_ _ i t _. f ! +._ _ ("1 r !_ .
ill=E
(ti irl^'1 �._,�.Ti [•%
ij" _ fi._ .a +_? i 3
isn inori_cmpr-1� 'i_ i c 1'h.ti�,1'f_er-
n n
pr. 1-.t-Gr GrG r3 .1 9_-1
• et:i pence Oer 'Ca1n1no t_:-? r.%4 it i:=- Ti+_ 1':;ri1
�. E -J r ❑ 1 S _ r 1 1r? i n -a L - a - • =! 1 rl _ _ _, '`! -' � _ _. o !" T r ,_ Cr, t .a c 1 i-1 ?Z'
+=�r �;C-O``'..c1'..!f' 1}l.}.^r-m,_;#_:.15'! _= ar?` L.1.r !fir �3=aT: 0T _�
S i � r � i r! i 'r y atj r t� T r j'1 r 1 r': _, _ � ri -4 _ -1 {`
?,_a- rerp i?t Ori z,2:i :1 t- � i - 1� m.
_. _ _ _
t _ _ P an •y� } a. - - i �! !-1 L O 1'! ri S et � C. ?' l n _ = n -_ l _ ?...:
e:arl rt a_ ill+-Jrm%+=i+-4 t? i.f_ t7 1ed ?,r
e : F !_ ?"• o?, s.-4 i i t u l I v T a 1 1 .' r r- a t u _ _ _ o 4- _ n - cq ?
1 i-tTnrill a 1 ?'l cryr-
ri linen or -operate a ta,_iS1r bylrnoFut S1--en . e
1"l_lr=i_1an= -_o section _ =12, :of the `._f a=!= ".ct
'_ec- on con stst??tes a bUSiness 'Oft-=n=_ un--,- _4!';
'f' i- f- �J ?_i e . :a o fi e 'S t r`. t e _ :..:1 r !_ i•%;; 0 � i f! ��:_ r � � 1 !_'I
ror.fner r _n _ __ r ri r _
i ilTi_ti ,��'t �; 17 i-1 !�' �j1 rPc for o't .a (?'.y' E??_.o e!'t p!� !?101�. 1'�r1= _,r 1
ctyon.
7, .i .._�. _�__'-..1•r_ I i1._�s-a �l i_,� ?';=1;_:^'f':`=_. n.� ��r r�i-at 1'_!rI _r ,'?._i_r
Cry:- a Ta_1S i_;lr in jl=:SaL1Jn J7 T:t1= is 'ter 1= oroIar o+� a o!i1=1S1'_
'.'C.a.riaa- inim cal to the public v4el are. he Direc"i-or, in 'I 'a
name of the Cit;-
y of Evanston through he o-f — -o the
1_r!roor ati on Counsel of the i....it._j, may! in aooiLSort _+_ other
rc�rrfedies herein provided, bring action f'c'r an iF-I un+=_ion to
enjoin the '*llti_!re operation or maintenance of arienjoin sac=^ farilit�.
�•ti r-'RI 4-tS)t�r': i.7 e
Any o =`r sort
--r.f = c i 1 i •;~ ;
ill •a
hears nay pur-c.i lant to
'=a=+_t1C!t'1= i
:Ji
i.{r- _4 -._15-7,-_
t+_1 contest ? deci: s1 on
rendered in
ffla,?' have S :Ch
decd. �1 on revs ewe d 1 r?
accordance
!t'j1 {_r 1 =, ect-1 ion
�_..
(H A regi1e=_•t for a nearing shall be inade in ;+,riling ,o t-lam
_+ir 'C+or ari+3 =•hai 1 inc1Lid e the cC,rr er"t CCial I Sf -ad !_.Ir ' of
the gri e-va.nt.
( i I ne City Manager sf-al1 !de=i a Person r_C1
nearing officer to conduct a nearing to revi=cad the
Le -vision, fitter notice ?o'? isearirt'g under { hi= ='=r
hearing officer sh.al? not t ommunicate, direct-1 Or
1n'direCt I, 'y , in conneoti+on !Kith an y i;s;ue 1't t._c t in %hct•�-'
case or he.=tr ing with an,/ per -son or Dartc%':r=f !!oon! noticze
.and fonr:ort-unit; for aSi ?=arl_ies tul p!_rTl_lp=,?_1-I._,r;cIT'"er 9
i he Ceasing o+'t'1_er inav have' the .a1Q and a.dvi,_p o-t- one or -
more person,---,!- asai st antc not related to e'_'i = -•r -F i =
ten i. :. C. oC1 '.�a Ar1or i-!'i inG Ike rS nq ri-,e Y{t r_+f�tor.-
r1.3t11 aend notice to ne C?=tr1P.^_ To the �r 1�'J-ant-_q?!_=.fi r1--?
the hear-ino. The native sha11 speci`7v rha ChEit F_- t 111e af-I0
. place of the hearing an the decision being te!!_'
n?,tl re :-+o .i.. is a. - y I '7e sc r e a, eC_ _et --
he qr v_n ha n • o =�; �-fir•
for th ,try t;,e req�?.est +or riearing o`� ter tltled vials ; r-Urn
recei p lf_ r = qs_ , or stl i be r... •_ r _on a! VF''
tJl The hearing tlal i commence
no 1
ii=ter ±_flan th r - ;' !. _;:i i. _
-tat j._.
after the receipt by the Director oi a request for hearing
and shall end no l.rr=r than ninety (=€_?) days after 1.h
commencement unless justice requires otherwise.
CEl The hearing officer may compel by subpoena or subpoena duce'a
tecum the attendance and testimony of witnesses and the
production of books and papers, and administer oaths to
witnesses.
iri The hearing officer shall permit the grievant to appear in
person .and to be represented by counsel at the hearing at
• which time the applicant or licensee shall be afforded an opportunityto present all relevant matter in =. Sr. port of his
position. in the event of the inability of either the
applicant, licensee or The Department to
testimony procure the
attendance of witnesses �� give o- p r_uce boo-.=._.
and papers, either he applicant, licensee or the Department
may take the deposition of witnesses in accordance with the
provisions of the laws of this State. All testimony taken
at =. hearing shall be recorded and all such testimony and
other- evidence introduced at the hearing shall be _. part W
The record of the hearing.
(G) The hearing officer shall not be bound by common law or
statutory rifles of evidence, or by technical or formal rules
of procedure, out shall conduct hearings in the manner best_
calculated to result in substantial justice.
(H) All subpoenas issued by the hearing officer may be served as
provided for in civil l actions. The Fees of witnesses for
attendance and travel shall be the same .at the f`✓e=. for
witnesses before the circuit court and shall be paid by the
party at whose request the subpoena is issued. if such
subpoena is issued at the request of the Department or by a
person proceeding in forma pauperi s, the witness fees shall
be Raid by the Department as an administrative expense.
(1) In case of refusal of ? witness to attend or testify or to.
produce books or paper_ concerning any matter upon which he
might be lawfully examined, the Circuit Court 04 Cook County
,
wherein the hearing is held, upon application of any Party
to the proceeding, may compel obedience by a proceeding +or -
contempt as in cases of a like refusal to obey a similar
order of the court.
'.G1 The Department at its expense, shall record the tee.?_1,7ony
and preserve a record of all proceedings under this
Section. The notice of hearing, the complaint and all other
documents in the nature of pleadings and written Notion__
filed in the proceedings, the transcript of testimony, and
the findings and decision shall be the record of the
proceedings. The Department _hall furnish a transcript of
such record to any person Interested in such record upon
payment as determined by the Department.
=-1 -6-2, HEARING OFFICER TO MAKE FINDINGS: An impartial
hearing officer appointed by the City Manager _hail make
findings of •r act in such hearing and shall make a recommendation
for a. decision to the City Manager. The City Manager shall
render his/her decision within thirty ( _:il) days after
termination of the hearing, unless additional time, not to
exceed ninety, 0 :jars=, is required by him/her for a proper
disposition tion of the matter. If a hearing has been conducted, the
City Manager shall review the record and findings. lit fact before
rendering a decision. All decisions rendered by the City
•Manager shall be binding upon the Department, the facility, or
the persons involved in The hearing, as appropriate to eacri
case.
B-15-6- a DEPOSIT OF COSTS REQUIRED: The Department shall
not be required to, certify any record or file any :answer- or
assessed from the date cn Hrich the violation i:�--
discovered. The facility shall comply with a plan W`
-- rf der o abatement issued d b��/ the Department
correction ._. order t a_ f n __ _ _ .e _r _. _.. rft
pursuant Section S_ _
(B) if a plan of correction is approved ved and carried out for ._!
•.pe "B" violation with respect to a violation t?.1_t
continues after the date of notice of violation, the penalty
provided under `.section 1-15- '-5 (i) snail be suspenow for
the time period specified in the approved plan of
correction. In The case of fa Type "B" violation, .a penalty -
shall be assessed on the date of service of the Notice of
Violation and statement of Violations, but the Director may
reduce the amount or waive such payment for any of the
following reasons;
1. The facility submits a true report of correction within
ten f 10 j days;
2. The facility submits a plan of correction within ten
(10) nJ':1ys and subsequently submits .a true report f
correction i ion within teen + 15) daysthereafter;
_ r_ i �ith�n fifteen - _ �
3. The facility submits a plan of correction within ten
(I0) days which provides s for .a correction time t!lat is less
than or equal to thirty (30) days, and the Department
approves such plan; or
4. The facility submits a plan of correction for
violations involving substantial capital improvements which
provides for correction within the initial ninety (30) day
limit ender Section 8-15-5 l;!
(C) For Type "B" Violations, the Director shall consider he
following factors in determining whether- to uphold, reduce
or waive penalties or to issue a conditional license:
W The extent to which the violation has caused Adkd+`+X
harm to a resident;
2. The extent to which the facility has made a diligent
effort to correct the violation;
3. The extent to which the facility has engaged in repeat
or recurrent violations; and
4. Whether or not the facility violation record reveals a
substantial failure to comply with this Chapter.
8-15-5--?: ASSESSMENT CONTESTED: Subject to Section 8-15-6,
a facility may contest an asaessment of a penalty by _ending a
written request for nearing within ten (10) drays of receipt of
notice of assessment. Upon receipt of the request by the
-Department, a hearing shall commence as provided under Section
8-1 5-6 ,
8-15-5-10: PAYMENT OF PENALTIES: All penalties shall be paid
to. the Department within ten (10) days of receipt of notice of
assessment or, if the penalty is contested finder Section
8-15-5-9 above, within ten (10) days of receipt of the final
decision, unless the decision is appealed and the order- is
stayed by the court order under Section 8-15-8Q) a r penalty
assessed under this Chapter shall be collected by the
Department. If the person or facility against whom a penalty
has been assessed does not comply with a written demand for •-
'.30 r ment within thirty ) days, the Director shall issue an
p-'l
order to do any of the following:
(A) Add the amount of the penalty to the facility's lic ena•in
tee. if the licensee refuses to make 'rile payment ? the
. p -- :
time of application +or- renewal of its license, the license
shall not be renewed;
(B) Bring an action in circuit court to recover the _+[n!_unt of
.._ .;.. _, _ r•• :mot .� ._ Na .� r : ; :..� :_ -_ - r, - _ _t r+. e c r•3 -
- _ t.,) Li,
:_:'._��.Ct`nf i:r;y Vic,_ i-.-_
r?::;✓_'•.F -�71_i!!_,-i'�"!N
_f;%(iel_!1 _._':1!. r1 C:-=_): __ tJi 'i__. _'7= ___ .. .lr
=Llr'.-i ..I _!i:r� Gq11 t _�
C.�.� ftl� i?'.C-.;.i'
' I afTI0 .;it ,a+ f.!f_:neT.�ry _C.,en-a `� 1fripas.ea
;-c;' .:7 _,_, !,n!,e;.-
'•-1-tA t'er '7-'-=rf^lf a'� ='= CT ={'� ,�
7'i='
!=1n1S q _
-a i w. Q(n •rne nar -_ a y..^,e C:.Iain"=if Y"!e
f.1a E2 SU_t !_I�+ne=!.1:• L._ ._;e._ i 1
`!_ llrrtt;n+�= -;-'J{ '-!1_!Ill==r=1 o-r' rr!e =C_iOn
persons S!_C1= n;-r?r_e!�'y,n,,� in ? _t !7la CclLf '-1 4!1"Ci!
_ i= ciD r!�•1_�
_ F- _ L ( l T C _� L! ; - -r = s .a ,{, l !- _ T S] e Y" = +.ry ! i 1 = + to C
C ' ".i '1' j ! e s e t e e' s .
•
- i L, - r,J!" I'? S �: A S 1 ! E F: R � ' _ E L' i f' ?1
_ � ° i � i, r' n. > i = > n r.'e !_! � t - h; e
_
.S r;C' _ rfTixni=-=[".s_3''!e t=`Y ! Ce+7i:s'e_:,
- -
-!s is ;3 �t _•epa {. �r� r+mot �p l,"
_e ;!ems;--nqs :_^r:+�L!cT-!
_
�.. 5
p'
iQ'U E _ ST, E
J
H 4'_:Ci�.i 111c. 41 =eeK e11 TrC!Zl
r_n nr Ci r r jT -.!e '{-r,l 1 =�.!]
i A. specific it 1eC!;i l•fir �1'Cua,,=1 =!fl e:' i =r_ '•!t!?
= amp li-ar,Ce a. Qrc_ti+C:tL 1Rmo0er1b1I1t--,/ al an eIx. %r e m e r;'1•_.d_•hl�t=
For tf!a+_!r"r7on Of a YaCllit Mn1l=tl 15 of lndr;r+en+_rt'r
1i''v1rtg L?fi1Lq -as Hde+1+d ne1r! ;Ih1s i_:jt. n`:=S q �__!'tefft _ 'i_n: _
those provisions lions wr!Ltl d inT'ri nQe !_1Qo+n the ' ndepenCent t i',i nQ
C+'?' residents wl-lo are �l.LQib'.! rC r _--1,Je in c!1!
ii-ideQendent li dinQ. unit.
': ?-i T _L'_ l i l t tiJ 1 •� L� e -: - 1 n+ r =1 1 e' e i! %-1 '!. i � U Q m l r I n w r J _} t l +a }
J1rect-or the Toll!ewaing-
i.a For section 8-1.5-7i i1. d_.._.il_d ex, ' planation o-F
!'"easons why compliance with the provisions oT thisl1- . __
lNoL ll d create a practical i mpossi b i l i t Y, or an e:;trem:e
• hardship and a plan +or al te-rn.ati "•, e me tin --d a+-.r-r',1 }'j•ace<
r:I' C`,i i(an to incLire tt a cafnoara.r! bl-_ ar icher- gi_!aIi1_"C? :' t
service 1s provided to residents; or
yz For-
t liC-=.i' d e:;-p'-tnaticn n
he o r aviSion= f'C'tr which a t:wa.i`,er is s'Ging r-eq,weated an: rj
r'- le ,a = , -n e lj,& `f the !td a i "der S r! Q L! .L d be !7 r '=ante d
i•f'� iiQnn rem el pt Git such reQue Stq a.n --:kd .,Lnl=r`-i='�=i
dJ_ l be condUCt d by the Di. eCt':'-r cr- hi-3:'1!er aesi+yn„=!-
within tInir - j' !.S'_-'1 da`iS of fine reCeiPi_ !-_-,..�r the re_L!es "o
ste p{-r ,C_rj! i!re = ii.+? tie as
rid
a� t? r!+sri-e {3Y tn�' Crin#=rer! e =n_.1_ 0- n! =a •a.7 _!{=
f' =! C l l l 'C \' 1 fl a p W.
C1 i i C p l c! C
{=i, The rCn eren= ' S�-fa: l �e ,-r!pr! -C to !i-, i p �_. _
o iE1!e Tacilit`.!=.1y_e-'1 present wri+_1_'n an
{� r� +_ ! r .(.. <e c , , , it '? '1" the _ request- f a S �._ - _ o l•3 `ti '_ r _
testimony �n __:p_Lrt t s! = r qu �r _
=�'le con+erenc-e.
�� f!f!� na_r='Cn '-,i=tlinr :,? pnrr:J ! ne !,.al`;e r_C�'-+__!
i r -' _ -
_:Inaii I_le �ife!'"!T.!i-_-[c%+j'Co speak
at the ronterence,
! :1 nLEteS et file cant=rence shE?,I Lne taL —f-tom
T , The Director or hu s/ tier designee nee {3i'!o c :pnQUr-i— zC 1 'try
conference =_••i:al? pr-eDrr-E' tiis�i tp= Li!? .'"FrCfr,Crsaf"t+LtiCaCis
T h e _f i
T i. _ i j) !-i �� S r _ h o - - in i r, a.i r! G- : t "_ h e- i o n e r = s r
'Al .-_-+,l . zF i.._ i r.i e.`J ]a =a nee
l� i-: a 'i_ a r '
L., _fit! datar`nin4 nwha-, h e r- _r gr_an'_ _. :•.c'!i &r %ra its r----'r
...n ia1 J=r -f ha -i o11i_i v41 nQe _
K-Gat of !_nG n-`-'i=.L •_-I-G'i'v
r.,. Si �nI-.t i
• �s . 1 i S t� -i I ! C... i r 'I °_ "�' : ._ I dent � _. r _ _. t' r �; c' t -aI
[__ ina T.ac, 14. s_y s ni s4 cir j' f'T =o:;I p I I+ a. n s__ !rii _!.'{i _ i•". ice!-e%_
d h '.'-aci1i•I-y' _-attaff.-. st tQ _^:nJl
rl_!iasksi or Standard(S) In quest:.cn.,
c. a _,-. tan t to sWnIs_T' a practical I1-10 �JS_. '! :i! i 'C isr .+, F,
aXT c.;Sc .r s r _ ..T5 I C: Off 1 "'� l t, i t i
.. _ _ S h I h"' =.. - n ' IsJ _ j fQ d
under 31.ppeal a
�,. r�r-i- ; c +4r:ict'? •an _,_car}ti5'=(1=-f'
a -v i Ca wi 1 1 be imp 1 c`mentad; and
a. The G i ant to '?Ihi - t the independent-ll't''lna =T_i'i=UE :_,
residents is infringed !_!pin,
Inc' !•jai_-var sna.11 Da gran#='"! for a perloo not :to tl'e
'_ �!_lr•aton o-; the annual l icens re period. H =c+rJY cj e-a--.m
_real 1 lD _n r i i a wi e_n the 'Eep-z_;.rr!T-a_nt anc _.. a s :aQia -Q`,- h:3!:D _ _
1 t�;E EST r ��' Ii A"i I �i'.! f r:_L i- . i- ;
wiiich has Qaan granted raliof from a proviSicn of tii a CI'm a0. _r
ii?• .`j r eqL!,=5 _ T_ a c o n t i nLiat i on o t _uch rat i a+ i n a l at _ar- �o t(zh
Li:iractor when the annual license renevial application I "ilad.
Ti-,a Di rector shal 1 Qrant such r el i of i f t'ha f aci 1 i _ h.a`_
!ti!T!it'_F'd an adequate Snr��ing that the 1aT!e 3 cinditi_:n,a-;''.M.T at
�he time :of 1 i can e renewal as a;<i =.ted when the, -ell i =t ,,.!._a_.
gina11 r!r�.Il"�adWithout said raq!_!a•_.t 5 _a_!c i _i ia'f-
t a r m i nat-a5 at the end of the 11 c enSUr= = aaY
t --1 -c= r=DMI lISTRA'ITIVE F�E!1IEW-. The -Fol lowing Pro_dul
to, the ra`./i a- ^f administrativa daciSion_.
Hi F i n a i adimin1straI:ive decziSions Sha11 ba subl..-?c_j 1!71=1a.1
r aalv e`, C1 U S i Vfa1=+/ a s 0r0-Vi ded f1;1fd n tSe Am1 n1_.t F. t1 ve f', e`•!4 e,�d
r!cti 111- Rev. St.ti.t Ch 11s.fi r_+.r: Ik-1 as i:`_"sw or
hereaitar amended, F?,` ce--i:t that an`-i Oet'itiDn T<Qr Judicial
r_w _f lieQ.=rtmant .acti o-n Ltnd ar- t_j-ji ; C!!a0 =er=,:a,11 =�
ti-i1=d t1ithl in ..'f teen s... j'1 s�•='1� a "`'=r r�rc'T �i_ ^ n+_ __= r?'?'
+;-sue. n_dteri.term aaIT,4 nia -_{_i V�ra
e r ._ i r n` %i a T_ f? e ._Z• i '"� a =. c e :t o % I n `_ .i_ I iJJ !_ ci
_1_ J. n_._ h m n 73a - Y 1J d _ 1 _ __ n n•=
r i strat: v o i ,' Act y
i r ?_ may S •(' >.r+ R + s,_t ant ii a f"t .a i.- a n �_ = i i i i
or 'Co! 1 t h a c ontIn!,i nn_ _,rcr->_!a1 0t n,..1 !-1, ;,-1 r-
a r i- _i n 1 _ - J - �- r +- x sc f ! s C s_ _. T_ I t_7'r f�": . a. jl i_ 1.•s 11-1 i'! '! -
Ali._{+_ia t_ _at tnere, i = _- SI!CE-:_anti al �r _`17 ._, [!1 i 1 _, r f-I [ _.! rs .._'.. -.
SeeKi nc r ?�ii aw !•'di l I QSre 3 i j _n t 71a mie-1-i sit_ -!`_'; wi l l =U'7
r 1 ar stay i= i>_: granted, .any t =r the
1 r : _ p ._' �''" _•e �t P � Sii i ,r a ._ � 1 _ , _ ! _: _ -
tacility w i 1 11 maat the r'a'?'•_!ir--Men_S of tIhi= Cl:=p_ei i+.in
Z_ _'i_-av is; granted, t- hs C__i!!rt- im %', imoocSa =uch =cin Id =i n"s a!!
the _ra.,'i ,g of thestay _ m_., b e r!e c a ssa.r: to -+'-�-f.u=t"d
• Lhe liveshealth, -_a _t and welt:_= see- o r==iCj=;St'
=nd -n a-s_— !r-a compliance the * =.i=i 1 i t, vii th thf=
r=QUirar!ant=.._• of this Chapter, including an ordiar
;- •�n i-c�
-
s e t S _- _-4i:ran_fer or diSc a J s1 re^'dham_ e [ _
_i;r oL!sJ!-�8 -155-4-1r)-
or_ -r!nr a p P am, li n t m a r, t o�+ _sit -e- a �s a_r i!nder
'._ie i_i on5 A_-1=-4-I•=� �_;Sr J�.s�in '-3-1J-'.}__15.
(L/ Actions brought under Lhis Lhapter shall be set forth for
trial at the earliest possible date and shall take
precedence un the court calendar over all other cases except
maLters to which equal or superior precedence is
specifically granted by law.
8-15-V: RBiEU1ES CUMULAllVE; !he remedies provided in this
Chapter are cumulative and shall not be construed as restricting
any party from seeking any remedy, provisional or otherwise,
provided by law for the benefit of the party or from obtaining
additional relief based upon the same facts.
SEC|IUN 2: The provisions of this Chapter are
severable. invalidity of any provision
herein Mail not invalidate the
remaining pruvisions.
SECTION 3: All u/dinaMes or parts of ordinances in
conflict MenewitA are hereby repea1ed.
SECTION 4: This ordinance shall be in hull force
and effect ninety days From and after
its passage, approval, and publication in the manner provided by
law, with exception of section 8-1b-/, which shall be in full
force and ef/ecL from and after its passage, approval, and
publication in the manner provided by law.
Introduc22
1989.
Adopted: 1989.
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~ Mayor
�
City Clerk
App
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Corporation Counsel
-64-