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Proposed Rules

Adopted Rulemakings

  1. 77-150, Resources
    This new Part implements Public Act 101-0542, which added a new Section to The Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois regarding phlebotomy training. The new Section requires the Department to provide training materials on the current methods of drawing blood from children and adults with intellectual and developmental disabilities.
    Publication:  46 Ill Reg. TBA; April on or after the 22nd TBA, 2022
  2. Skilled Nursing and Intermediate Care Facilities Code (77 IAC 300)
    This rulemaking implements statutory requirements that skilled nursing facilities designate an infection prevention and control professional and develop and implement policies governing the control of infections and communicable diseases.  The rulemaking also addresses training and minimum experience requirements for infection preventionists as well as facility infection preventionist staffing requirements.
    The rulemaking updates infection prevention and control requirements regarding outbreaks of communicable diseases, including requirements for testing plans and response strategies to address infectious disease outbreaks in a skilled nursing facility.  Additionally, the rulemaking includes the incorporation of new guidance documents and toolkits from the Centers for Disease Prevention and Control and the Occupational Safety and Health Administration related to infection prevention and control.  This rulemaking also amends Personnel Policies Section to require skilled nursing facilities to maintain an employee confidential medical record for all health-related information, including vaccinations and required test results information.
    Publication:  46 Ill Reg. 6033; April 15, 2022
  3. Sexual Assault Survivors Emergency Treatment Code (77 Ill. Adm. Code 545)
    This rulemaking implements P.A. 102-0022, which adds federally qualified health centers to the list of providers who may provide medical forensic services to sexual assault survivors provided the FQHCs have a sexual assault treatment plan, approved by the Department, to provide medical forensic services to sexual assault survivors 13 years old or older. This rule will allow survivors who do not want to present at an emergency room during the COVID-19 pandemic to still receive medical forensic services.  These proposed amendments also added language to 77 Ill. Adm. Code 545 clarifying that a sexual assault survivor may present for a medical forensic examination after seven days following the assault and that evidence collection may be conducted after seven days following the assault. Other new language clarifies when law enforcement may be present for medical forensic examinations for survivors who are in the custody of law enforcement. This proposed rulemaking also implements changes to the Sexual Assault Survivors Emergency Treatment Act from Public Act 102-0022 and makes other technical changes.
    Publication:  46 Ill Reg. 6066; April 15, 2022
  4. Health Care Worker Background Check Code (77 Ill. Adm. Code 955)
    These amendments implement Public Act 102-0026, which added the Department of Corrections or third-party vendors who employ certified nursing assistants working with the Department of Corrections to the list of entities in the definition of a "health care employer" for the purposes of the Health Care Background Check Code.  These amendments also include cleanup to the language regarding waiver applications in Section 955.260 and removal of a finding of neglect from the Health Care Worker Registry in Section 955.320 consistent with current Department procedures.
    Publication:  46 Ill Reg. 6104; April 15, 2022

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. 77-350: Intermediate Care for the Developmentally Disabled Facilities Code)
    Part 350 regulates long-term care facilities that provide intermediate care for developmentally disabled residents, encompassing licensure, the physical plant, and all facets of care. In 2009, the General Assembly passed Public Act 96-0339, which created the MR/DD Community Care Act [210 ILCS 47] (later changed to the ID/DD Community Care Act), with an effective date of July 1, 2010. Under PA 96-0339, all intermediate care facilities for the developmentally disabled were to be licensed by the Department under the 210 ILCS 47, no longer under the Nursing Home Care Act. This rulemaking implements PA 96-0339. It makes technical changes throughout Part 350 to change its statutory authority from the Nursing Home Care Act to the ID/DD Community Care Act. Substantive changes are made where existing statutory language in Part 350 did not conform to the Act, and to clean up grammatical, style, and other errors. This rulemaking also implements PA 97-0038, which incorporated, into the ID/DD Community Care Act, many of the amendments that were made to the Nursing Home Care Act under PA 96-1372.
    First Notice Published: 46 Ill Reg. 2419; February 14, 2022
  2. 77-691: African-American HIV/AIDS Response Code (77 Ill. Adm. Code 691)
    This rulemaking seeks to clarify the Department’s understanding and intent to help streamline processes. In Section 691.100 regarding "Definitions", the proposed change from "majority" to "at least 51%" is to clarify what is meant by majority, to remove any confusion with "plurality".
    First Notice Published: 46 Ill Reg. 2585; February 14, 2022

Rules Filed for Second Notice Review by JCAR at the October 19, 2021 Meeting

  1. Skilled Nursing and Intermediate Care Facilities Code (77 Ill. Adm. Code 300)
    This rulemaking implements Task 010 of the Implementation Plan Amendment for the Colbert v. Pritzker Consent Decree for fiscal year 2021 by requiring that all Cook County skilled nursing and intermediate care facilities with Colbert Class Members display posters at their facility to inform residents of their right to be free from retaliation, should the residents decide that they want to live in a community-based setting (as opposed to staying in the institutional facility). The rulemaking also addresses Task 08 of the Implementation Plan Amendment by requiring Cook County facilities to provide appropriate supports and services to residents to promote a transition to independent living.
    Second Notice: October 5, 2021
    Expiration: No later than November 18, 2021
    Publication: 45 Ill. Reg. 9382, July 23, 2021


Laws & Rules