Proposed Rules

1. Hospital Licensing Requirements (77 Ill. Adm. Code 250)
   Adopted: September 26, 2023
   Publication: 47 Ill Reg. TBA; October TBA, 2023
   This proposed rulemaking implements provisions related to Public Act 102-1118 regarding rural emergency hospitals and allows the Department to begin licensing rural emergency hospitals consistent with the federal Centers for Medicare and Medicaid Services conditions of participation for rural emergency hospitals. The rulemaking defines the term rural emergency hospital and clarifies which of the existing requirements are applicable to rural emergency hospitals, a term added to the Hospital Licensing Act in Public Act 102-1118.
   
2. Intermediate Care for the Developmentally Disabled Facilities Code (77 Ill. Adm. Code 350)
   Adopted: September 26, 2023
   Publication: 47 Ill Reg. TBA; October TBA, 2023
   This rulemaking amended Section 350.340 (Incorporated and Referenced Materials) to correct outdated references and citations.
   
3. Medically Complex for the Developmentally Disabled Facilities Code (77 Ill. Adm. Code 390)
   Adopted: September 26, 2023
   Publication: 47 Ill Reg. TBA; October TBA, 2023
   This rulemaking amended Section 390.340 (Incorporated and Referenced Materials) to correct outdated references and citations.
   
4. Sexual Assault Survivors Emergency Treatment Code (77 Ill. Adm. Code 545)
   Adopted: September 26, 2023
   Publication: 47 Ill Reg. TBA; October TBA, 2023
   This rulemaking implements Public Act 102-1106. P.A. 102-1106, which amended the Sexual Assault Survivors Emergency Treatment Act (the Act) to clarify that "pediatric health care facility" means a clinic or physician's office that provides medical services to patients under the age of 18 (rather than to pediatric patients). Amendments to the also clarified the requirements for a hospital to submit either a transfer or treatment plan to the Department and the Department's process to review plans and either accept or reject them, including assessing fines, and the requirements for hospitals to submit plans of correction to the Department.
   
5. Sickle Cell Prevention, Care, and Treatment Program (77 Ill. Adm. Code 663)
   Adopted: September 20, 2023
   Publication: 47 Ill Reg. 14125; October 6, 2023
   This new Part is intended to implement Public Act 102-0004, which created the Sickle Cell Prevention, Care and Treatment Program (Program) Act and Sickle Cell Chronic Disease Fund. 410 ILCS 460/131-1, et. seq. The purpose of this Program is to provide grants, through a competitive grant process, for the purpose of providing for the prevention, care, and treatment of sickle cell disease and sickle cell trait, and for educational programs concerning the disease and trait. In addition, the Act requires the Department to conduct a study to determine the prevalence, impact, and needs of individuals with sickle cell disease and sickle cell trait in Illinois. The study is to be ongoing, with a biennial report to the General Assembly. The New Part includes, but is not limited to, definitions, grant eligibility criteria, and any other rules necessary to implement the provisions of the Act.
   
6. Birth Center Licensing Code (77 Ill. Adm. Code 264)
   The proposed rules were drafted to implement Public Act 102-0518, which created the Birth Center Licensing Act [210 ILCS 170]. The proposed rules incorporate requirements currently in place under the existing Birth Center Demonstration Program Code, with necessary adjustments to reflect statutory requirements under the new Act and Public Act 102-0964, which added licensed certified professional midwife to the list of statutorily defined terms.
   
7. Assisted Living and Shared Housing Establishment Code (77 Ill. Adm. Code 295)
   Adopted: August 30, 2023
   Publication: 47 Ill Reg. 13264; September 15, 2023
   This rulemaking updated provisions related to the Department's complaint investigation procedures to clarify timeframes within which complaints will be investigated and makes other changes necessary to reflect current Department procedures. The rulemaking also updated provisions related to the physical environment to reflect updated life safety requirements and makes related updates to definitions. Additionally, the rulemaking implements Public Act 102-1007 to include statutory requirements regarding employee assistance programs.
   
8. State Loan Repayment Program Code (77 Ill. Adm. Code 582)
   Adopted: August 29, 2023
   Publication: 47 Ill Reg. 13300; September 15, 2023
   This rulemaking implements provisions of Public Act 101-0118, which amended the Underserved Health Care Provider Workforce Act (formerly known as the Underserved Physician Workforce Act and the Family Practice Residency Act [110 ILCS 935]). Public Act 101-118 amended Section 4.10 of the Act by removing "primary care physician" and replacing with "eligible health care providers" as individuals who would qualify to apply or loan repayment assistance. In addition, the proposal will update language in the rules to reflect current practice.
   

1&2. Newborn and Infant Screening and Treatment Code (77 Ill. Adm. Code 661) & Early Hearing Detection and Intervention Code (77 Ill. Adm. Code 662)
This rulemaking will provide amendments necessitated by the transfer to the Department of Title 89, Part 504, Universal Newborn Hearing Screening Program and recodified as Title 77, Part 662, Early Hearing Detection and Intervention Code. This proposed rulemaking is a companion to the Part 662 proposed repealer. This rulemaking also provides an update to Section 661.400 to better align the required qualifications of medical specialists designated by the department to follow-up on a newborn screen positive for spinal muscular atrophy (SMA) with the medical needs of newborns and infants affected with SMA.
Publication: 47 Ill Reg. 13028 (77-662 Repealer) and 13013 (77-661 proposed); September 8, 2023

3. Hospice Programs (77 Ill. Adm. Code 280)
Section 280.4010 (Licensure of Hospice Residences) is being amended to implement Public Act 103-0114, which increased the number of allowable licensed hospice residences in each of the State's three geographic areas, as defined in the Act, from five to 16. Sections 280.1020 (Licensure Procedures) and 280.4015 (Hospice Residence Application and Approval Review Criteria) are being amended to establish the maximum number of days license applicants may submit additional documentation with their applications. Section 280.1010 (Incorporated and Referenced Materials) is being amended to update the incorporated federal regulations.
Publication: 47 Ill Reg. 13152; September 15, 2023

4. Underserved Health Care Provider Workforce Code (77 Ill. Adm. Code 590)
This rulemaking implements Public Acts 103-0219 and 103-0507. Public Act 103-0219 amended the Underserved Health Care Provider Workforce Act to allow chiropractic physicians to participate in medical student scholarships and educational loan repayment assistance. Public Act 103-0507 amended the Act to allow anesthesiologists to participate in educational loan repayment assistance.
Publication: 47 Ill Reg. 12990; September 8, 2023

5. Loan Repayment Assistance for Physicians (77 Ill. Adm. Code 581)
This rulemaking implements Public Act 103-0219, which amended the Loan Repayment Assistance for Physicians Act to change the definition of "Educational loans" to include loans that a person incurred while attending medical school or a chiropractic college or institution. In addition, the definition of "Physician" was updated to state that it includes a person licensed under the Medical Practice Act of 1987, but without the statement that a person would "practice medicine in all of its branches". These changes were done so that chiropractic physicians would qualify for loan repayment assistance under the program.
Publication: 47 Ill Reg. 12852; September 1, 2023

1. Home Health, Home Services, and Home Nursing Agency Code (77 Ill. Adm. Code 245)
   This proposed rulemaking updates the Home Health, Home Services, and Home Nursing Agency Code to include requirements for home health and home services agencies with more than one location. The proposed amendments are consistent with current industry standards in other states and federal Centers for Medicare and Medicaid Services home health regulations regarding branch office locations.
   Publication: 47 Ill Reg. 8817; June 23, 2023
   
2. Community Living Facilities Code (77 Ill. Adm. Code 370)
   This rulemaking implements Public Act 101-0116, which requires facilities to have the closed captioning feature activated at all times on televisions in common areas and residents' rooms.
   Publication: 47 Ill Reg. 9148; July 7, 2023
   
3. Control of Communicable Diseases Code (77 Ill. Adm. Code 690), through Section 690.327, excluding Section 690.100
   This rulemaking will update reporting and control activities for reportable diseases and conditions, including updating definitions, confidentiality and availability of information provisions, and the addition of new reportable diseases. This rulemaking also proposes amendments to existing rules and regulations to improve the state and local health authorities’ abilities to investigate and respond to cases and outbreaks of notifiable diseases and other non-infectious conditions.
   Publication: 47 Ill Reg. 7323; June 2, 2023
   
4. Vision Screening (77 Ill. Adm. Code 685)
   The rulemaking will update language regarding the use of photoscreening devices. The rulemaking may also provide other cleanup and updates for this Part.
   Publication: 47 Ill Reg. 9158; July 7, 2023
   
5. Sexual Assault Survivors Emergency Treatment Code (77 Ill. Adm. Code 545)
   With the language in the Sexual Assault Survivors Emergency Treatment Act authorizing federally qualified health centers (FQHCs) to provide medical forensic services to sexual assault survivors scheduled to sunset on December 31, 2023, the Department is repealing all references to FQHCs in 77 Ill. Adm. Code 545, effective January 1, 2024.
   Publication: 47 Ill. Reg 7830; June 9, 2023
   

Nurse Education Scholarship Code (77 Ill. Adm. Code 597)
Pursuant to Public Act 102-0699, "Nursing Education Scholarships", the rules transferred from the authority of the Department of Public Health to the authority of the Illinois Student Assistance Commission, at 23 Ill. Adm. Code 2749.