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Proposed Rules

Adopted Rulemakings

  1. Long-Term Care Assistants and Aides Training Programs Code (77 Ill. Adm. Code 395)
    Adopted: December 2, 2024
    Publication: 48 Ill Reg. TBD; December TBD, 2024
    This proposed rulemaking seeks to update the Long-Term Care Assistants and Aides Training Programs Code to align with current industry best practices for nursing assistant training programs and current Department procedures. The proposed rulemaking also provides clarifications to existing requirements for nursing assistant training programs and includes new criteria for findings of non-compliance for approved programs. The proposed rulemaking includes a new Section 395.265 to address requirements related to recertification for a certified nursing assistant whose certification has lapsed.
    Publication: 48 Ill Reg. 13206; September 6, 2024
  2. AIDS Drug Assistance Program (77 Ill. Adm. Code 692)
    Adopted: December 2, 2024
    Publication: 48 Ill Reg. TBD; December TBD, 2024
    The purpose of this rulemaking is to update Appendix A with respect to the federal poverty level changing from the 2023 federal poverty level to the 2024 federal poverty level, as is required by the federal funder, the United States Health Resources and Services Administration. On January 17, 2024, the United States Department of Health and Human Services posted the 2024 federal poverty level (FPL) in the Federal Register. The Department is updating its rules to reflect this standard. The 2024 FPL is available at: https://www.federalregister.gov/documents/2024/01/17/2024-00796/annual-update-of-the-hhs-poverty-guidelines.
    Publication: 48 Ill Reg. 13294; September 6, 2024
  3. Emergency Medical Services, Trauma Center, Comprehensive Stroke Center, Primary Stroke Center and Acute Stroke Ready Hospital Code (77 Ill. Adm. Code 515)
    Adopted: November 1, 2024
    Publication: 48 Ill Reg. 16159; November 15, 2024
    Although there have been revisions to individual sections of the EMS rules and regulations over the years, a comprehensive review and revision has not been conducted since 2000. These amendments reflect current national and state standards as well as new state laws that have been enacted. In addition, these revisions will assure consistency with current EMS System and EMS provider practices at the local level. Some amendments to Sections were recommended by the EMS System Medical Directors and EMS stakeholders.
  4. Ambulatory Surgical Treatment Center Licensing Requirements (77 Ill. Adm. Code 205)
    Adopted: October 24, 2024
    Publication: 48 Ill Reg. 15862; November 8, 2024
    This rulemaking amends Section 205.540 (Postoperative Care) of the Ambulatory Surgical Treatment Center (ASTC) Licensing Requirements to implement Public Act 102-0155, which requires ASTCs that order medication at least 24 hours in advance for a surgical procedure to offer patients any unused portion of the facility-provided mediation upon discharge when it is required for continuing treatment. In Section 205.1360 (Clinical Facilities), the requirement for examination rooms is being eliminated. This rulemaking also implements Public Act 102-1095, adding requirements for compliance with the Latex Glove Ban Act [410 ILCS 180] in Section 205.410 (Equipment and Related Policies) and makes technical updates.
  5. Control of Notifiable Diseases and Conditions Code (77 Ill. Adm. Code 690)
    Adopted: October 23, 2024
    Publication: 48 Ill Reg. 15900; November 8, 2024
    This rulemaking proposes amendments to address ages and timeframes for reporting in recently adopted rules regarding respiratory diseases, including COVID, to provide consistency within Part 690. This rulemaking also is intended to amend the timeframe for reporting respiratory diseases (COVID, RSV and Influenza) from "24 hours" to "3 days". Additionally, reporting for Respiratory Syncytial Virus (RSV) deaths required for persons under the age of 5 is to be changed to under the age of 18. Further, with the recent measles outbreak in Illinois, the rulemaking is intended to clarify the confirmatory testing language as referenced in 690.100 that "diseases or conditions for which laboratories are required to forward clinical materials to the Department's laboratory in accordance with Subpart D of this Part." Finally, the rulemaking will include statutory and other updates, including cleanup.
  6. Underserved Health Care Provider Workforce Code (77 Ill. Adm. Code 590)
    Adopted: October 23, 2024
    Publication: 48 Ill Reg.15882; November 8, 2024
    This rulemaking seeks to amend definitions that were recently adopted. DPH collaborated with industry after the most recent adoption resulting in the proposed amendment. The amendment was not evident during the time that the adopted rulemaking was pending. The rulemaking also includes other minor clarification or cleanup.

Rules on First Notice (Comments are accepted in the manner and place set out in the published Notice, commencing on the first day the Notice is published in the Illinois Register through 45 days from the date of publication)

  1. Home Health, Home Services, and Home Nursing Agency Code (77 Ill. Adm. Code 245)
    This rulemaking seeks to clarify the training requirements in Section 245.71(i) to include that a home services agency shall provide a home services worker with a copy of their training certificate, upon request.
    Publication: 48 Ill Reg. TBD; December 6, 2024
    First Notice Expires: Monday, January 20, 2025
  2. Long-Term Care Assistants and Aides Training Programs Code (77 Ill. Adm. Code 395)
    This rulemaking implements Public Act 103-0695, which requires the Department to adopt rules regarding the option for nursing assistant students to take the required examination in Spanish or English without restrictions on who may take the exam in either language.
    Publication: 48 Ill Reg. TBD; December 6, 2024
    First Notice Expires: End of day on Monday, January 20, 2025
  3. Skilled Nursing and Intermediate Care Facilities Code (77 Ill. Adm. Code 300)
    This rulemaking implements Public Act 103-0691, which amends Section 3-401.1(a-5) of the Nursing Home Care Act regarding conditions that must be met for a facility with only a distinct part that is certified to participate in the Medical Assistance Program to refuse to retain a resident. The rulemaking also implements Public Act 103-0776, which amends Sections 3-112, 3-113, and 3-114 of the Nursing Home Care Act related to requirements for transition plans for a transfer of ownership. The rulemaking also makes clarifications to personnel policy requirements related to a facility's requirement to check the status of an applicant prior to hiring.
    Publication: 48 Ill Reg. 17210; December 2, 2024
    First Notice Expires: End of day on Thursday, January 16, 2025
  4. Illinois Veterans' Homes Code (77 Ill. Adm. Code 340)
    This rulemaking implements several Public Acts to align 77 Ill. Adm. Code 340 with the Nursing Home Care Act (the Act), including Public Act 103-0489, which updated the requirements for obtaining informed consent for psychotropic medications and Public Act 103-0001, which gives the Department flexibility in statutorily mandated inspections of licensed facilities during public health emergencies.
    In addition to the statutorily required updates, this rulemaking incorporates federal requirements regarding antibiotic stewardship programs, strike notification requirements, and drug regimen review processes. This rulemaking will bring the Illinois Veterans’ Homes Code into compliance with the Act.
    Publication: 48 Ill Reg. 17240; December 2, 2024
    First Notice Expires: End of day on Thursday, January 16, 2025
  5. Newborn and Infant Screening and Treatment Code (77 Ill. Adm. Code 661)
    This rulemaking seeks to update requirements and provide specifics of release of newborn screening dried blood spot residual specimen. The rulemaking will also provide cleanup and statutory updates.
    Publication: 48 Ill Reg. 14523; October 11, 2024
    First Notice Expires: End of day on Monday, November 25, 2024
  6. Control of Sexually Transmissible Infections Code (77 Ill. Adm. Code 693)
    This rulemaking proposes amendments to address updated clinical guidance on invasive procedure precautions for health care professionals who are living with HIV whose work may result in secondary exposures to others, as well as update clinical recommendations for Expedited Partner Therapy (EPT), and update terminology for individuals living with HIV.
    Publication: 48 Ill Reg. 13555; September 13, 2024
    First Notice Expires: End of day on Monday, October 28, 2024

Rules Filed for Second Notice Review by JCAR

  1. Skilled Nursing and Intermediate Care Facilities Code (77 Ill. Adm. Code 300)
    This rulemaking implements Public Act 102-1080, which amended the Nursing Home Care Act to update requirements related to facility resident’s rights, facility written grievance procedures, requirements related to residents who provide labor or services for a facility, and required posting of information in a facility.
    Publication: 48 Ill Reg. 13167; September 6, 2024
  2. Skilled Nursing and Intermediate Care Facilities Code (77 Ill. Adm. Code 300)
    This rulemaking implements P.A. 102-1095, which prohibits the use of latex gloves in facilities, and P.A. 101-0116, which requires facilities to have the closed captioning feature activated at all times on televisions in common areas and residents' rooms.
    Publication: 48 Ill Reg. 13916; September 20, 2024
  3. Sheltered Care Facilities Code (77 Ill. Adm. Code 330)
    This rulemaking implements P.A. 103-0001, which gives the Department of Public Health flexibility in statutorily mandated inspections of licensed facilities during public health emergencies, and P.A. 102-1095, which prohibits the use of latex gloves in facilities.
    Publication: 48 Ill Reg. 13948; September 20, 2024
  4. Illinois Veterans' Homes Code (77 Ill. Adm. Code 340)
    This rulemaking amends Section 340.1470 (Transfer or Discharge) to implement Public Act 103-0320, which provides that the State Long Term Care Ombudsman shall be notified when a resident is involuntarily transferred or discharged from a facility.
    Publication: 48 Ill Reg. 13193; September 6, 2024
  5. Control of Tuberculosis Code (77 Ill. Adm. Code 696)
    The rulemaking will provide federal Center for Disease Control (CDC) recommendations. The rulemaking will also provide cleanup.
    Publication: 48 Ill Reg. 437; January 5, 2024

Rules Transferred to Another Agency

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.

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