Flinn Report. Illinois Regulation

              Illinois Regulation is a summary of the weekly regulatory decisions of State agencies published in the Illinois Register and action
taken by the Illinois General Assembly's Joint Committee on Administrative Rules. Illinois Regulation is designed to inform and
involve the public in changes taking place in agency administration.
VOL. 35 Issue 29
Regulation Illinois
(cont'd page 4)
New Regulations
Proposed
Regulations
NEW REGULATIONS: Rules adopted by agencies this week.
PROPOSED REGULATIONS: Rules proposed by agencies this week, commencing a 45-day First Notice period. Public comments must be accepted
by the agency for the period of time indicated.
􀀩􂤺: Symbol designating rules of special interest to small businesses, small municipalities, and not-for-profit corporations. Agencies are required to consider
comments from these groups and minimize the regulatory burden on them.
QUESTIONS/COMMENTS/RULE TEXT: Direct mail or phone calls to the agency personnel listed below each summary. Providing volume and issue number
of The Flinn Report or the Illinois Register will expedite the process. Some agencies charge copying fees. However, copy requests do not have to
be made under the Freedom of Information Act .
The Flinn
Report
(cont'd next page )
July 15, 2011
Claire B. Eberle, Editor Joint Committee on Administrative Rules 700 Stratton Office Bldg., Springfield IL 62706
Elaine Spencer, Assoc. Editor Illinois General Assembly 217/785-2254 ilga.gov/commission/jcar
-1-
NURSING HOMES
The DEPARTMENT OF PUBLIC
HEALTH adopted amendments to
"Skilled Nursing and Intermediate Care
Facilities Code" (77 Ill Adm Code 300;
34 Ill Reg 18104), "Sheltered Care
Facilities Code" (77 Ill Adm Code 330;
34 Ill Reg 18201), and "Illinois Veter-ans'
Homes Code" (77 Ill Adm Code
340; 34 Ill Reg 18286), all effective 6/
29/11 that implement comprehensive
long-term care reform provisions of
Public Act 96-1372. The rulemakings
add two new categories to the exist-ing
Type A and B categories of health
and safety violations: "Type AA" viola-tions
that directly cause the death of
a resident and "Type C" violations that
create a substantial probability of "not
less than minimal" physical or mental
harm to residents. Fines range from
$250 for low-risk Type C violations to
$25,000 for Type AA violations. (The
maximum fine established in previous
rules was "not less than" $10,000 for
Type A violations causing death, seri-ous
harm or permanent disability.)
Lesser violations that do not incur
fines will prompt written administra-tive
warnings. Criteria for revoking a
facility's license are expanded to in-clude
commission of 2 or more Type
AA violations within a 2-year period,
loss of federal Medicare or Medicaid
certification, or failure to pay any fines
assessed by DPH. The initial license
application fee is increased to $1,990
(previously $995). The rulemakings
also expand the definition of an "iden-tified
offender" to include a person
who has been found not guilty by
reason of insanity or ruled unfit to
stand trial for a sex offense or other
specified felonies. If a criminal back-ground
check reveals a resident to be
an identified offender, the facility must
notify the Department of State Police
immediately and request a fingerprint-based
criminal history record for the
resident. If the facility determines that
an identified offender poses a serious
threat to the safety of other residents,
staff, or visitors, the offender must be
transferred or discharged within 3
days. Other provisions protect
"whistleblowers" who report or threaten
to report violations from retaliatory
action by their supervisors, establish
procedures for care and treatment of
residents who have been or are sus-pected
to have been sexually as-saulted,
and require additional re-screenings
of mentally ill residents 90
days and 6 months after admission
(previously, re-screening was required
annually). Changes since 1st Notice
PSYCHIATRY PROGRAM
The DEPARTMENT OF PUBLIC
HEALTH proposed a new Part titled
"Psychiatry Incentive Program Code"
(77 Ill Adm Code 577; 35 Ill Reg
11202) to implement Public Act 96-
1411 by establishing grants, loans,
and loan forgiveness aimed at recruit-ing
and retaining physicians who agree
to establish and maintain psychiatric
practices in underserved Illinois ar-eas.
Grants may be made to Illinois
accredited schools of medicine or
osteopathy that have a department of
psychiatric medicine, any Illinois ac-credited
psychiatric residency pro-gram,
or any Illinois accredited child
and adolescent fellowship program.
Covered topics include eligibility cri-teria,
application and evaluation pro-cedures,
reporting requirements, and
grant fund recovery. The rulemaking
also covers scholarship awards to eli-gible
Illinois psychiatric medical stu-dents
based on need and the student's
agreement to serve targeted, under-served
populations on a full-time ba-sis.
Such students may also be eli-gible
for educational loan repayments
up to a maximum $25,000 per year.
Those affected by this rule-making
include medical practices that are
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