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Proposed Rules

Adopted Rulemakings

  1. Public Information, Rulemaking, and Organization of the Department of Public Health, 2 Ill. Adm. Code 1125
    Adopted: May 5, 2025
    Publication: 49 Ill. Reg. TBD; May TBD, 2025
    This internal rulemaking cleanup and updates to six Sections of Subpart C of 2 Ill. Adm. Code 1125 regarding the Department's organization in compliance with Section 5-15(a)(1) of the IAPA.
  2. Intermediate Care For the Developmentally Disabled Facilities Code, 77 Ill. Adm. Code 350
    Adopted: April 30, 2025
    Publication: 49 Ill. Reg. TBD; May TBD, 2025
    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: 49 Ill Reg. 51; January 3, 2025
  3. Medically Complex for the Developmentally Disabled Facilities Code, 77 Ill. Adm. Code 390
    Adopted: April 30, 2025
    Publication: 49 Ill. Reg. TBD; May TBD, 2025
    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: 49 Ill Reg. 85; January 3, 2025
  4. Skilled Nursing and Intermediate Care Facilities Code, 77 Ill. Adm. Code 300
    Adopted: April 22, 2025
    Publication: 49 Ill. Reg. 6468; May 9, 2025
    77 Ill. Adm. Code 300 is being amended to ensure that facilities licensed under this Part that provide medical ventilator care are in compliance with the following standards, National Fire Protection Association 70 (National Electrical Code) and NFPA 99 (Health Care Facilities Code), prior to providing that care. Section 300.650 is being amended to require that licensed staff who administer life-sustaining treatments be adequately trained to administer those treatments. Section 300.1030 is receiving technical updates.
  5. Sheltered Care Facilities Code, 77 Ill. Adm. Code 330
    Adopted: April 22, 2025
    Publication: 49 Ill. Reg. 6515; May 9, 2025
    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.
  6. Illinois Veterans' Homes Code, 77 Ill. Adm. Code 340
    Adopted: April 22, 2025
    Publication: 49 Ill. Reg. 6539; May 9, 2025
    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.

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. Hospital Licensing Requirements, 77 Ill. Adm. Code 250
    This rulemaking implements Public Act 103-0803, which amended the Hospital Licensing Act (the Act) adding and defining a new term "hospital affiliate" as subject to the patient rights requirements of Section 250.260(c). The rulemaking also implements Public Act 103-0948, which added a new Section to the Hospital Licensing Act regarding requirements that a hospital notify parents of a stillborn fetus of their right to receive a certificate of birth resulting in stillbirth ("Liam's Law notice") as described in Section 20.5 of the Vital Records Act. The rulemaking requires that a hospital utilize a notification form to be developed by the Department for parental education regarding "Liam's Law notice".
    Publication: 49 Ill Reg. 3443; March 21, 2025
    First Notice Expired: Monday, May 5, 2025
  2. Birth Center Demonstration Program Code, 77 Ill. Adm. Code 265, Repealer
    The Birth Center Licensing Act [210 ILCS 170] was effective August 20, 2021. Section 10 of that Act requires all birth centers then licensed under the Alternative Health Care Delivery Act to obtain a valid license to operate "within 2 years after the adoption of rules by the Department" under the Birth Center Licensing Act. Those rules, the Birth Center Licensing Code (77 Ill. Adm. Code 264), were adopted affective September 8, 2023. Therefore, this Part, The Birth Center Demonstration Program Code, is repealed effective September 8, 2025.
    Publication: 49 Ill Reg. 2924; March 14, 2025
    First Notice Expired: Monday, April 28, 2025
  3. Skilled Nursing and Intermediate Care Facilities Code, 77 Ill. Adm. Code 300
    This rulemaking adds flexibility to diet order requirements by allowing required diet manuals and orders to be in printed or electronic form.
    Publication: 49 Ill Reg. 5872; May 2, 2025
    First Notice Expires: Monday, June 16, 2025

Rules Filed for Second Notice Review by JCAR

  1. State Loan Repayment Program Code, 77 Ill. Adm. Code 582
    The proposed rulemaking will amend the State Loan Repayment Program (SLRP) to standardize the application submission time frames, update the application review process, and systematize the monitoring of recipients and participating medical facilities.
    Publication: 49 Ill Reg. 3006; March 14, 2025
  2. Ambulatory Surgical Treatment Center Licensing Requirements, 77 Ill. Adm. Code 205
    This rulemaking seeks to clarify provisions regarding conditions of licensure to align with current statutory requirements related to the issuance of a provisional license for ASTC facilities that do not substantially comply with the Act, specifically adding language from Section 6 of the Act that has not been previously added to the Code. Also adds new provisions related to requirements a facility must meet in the event of a suspension of facility operations due to natural or human-induced disaster or cessation of operations for business related matters. The rulemaking also includes new notification requirements for facilities in the event of a closure of the facility. The rulemaking also includes amendments to Section 205.135 expanding allowable procedures from diagnostic only to allowing therapeutic and interventional cardiac catheterization procedures to align with procedures allowed in ASTC facilities by the Centers for Medicare and Medicaid Services. Clarifications related to facilities providing cardiac catheterization procedures include clinical staffing requirements, accreditation requirements, and quality review and emergency transfer preparedness requirements.
    Publication: 49 Ill Reg. 1958; February 21, 2025
  3. Health Maintenance Organizations Code, 77 Ill. Adm. Code 240
    This rulemaking seeks to align the Health Maintenance Organizations Code with Section 5-5(d) of the Act regarding Department requirements to provide in rule what constitutes a material violation of a contract or evidence of coverage or what constitutes good faith regarding certification.
    Publication: 49 Ill Reg. 2895; March 14, 2025
  4. Hospital Licensing Requirements, 77 Ill. Adm. Code 250
    This rulemaking implements Public Act 103-0784, which amended the Hospital Emergency Service Act to ensure that women who present at a hospital emergency department in need of life-saving reproductive health care are furnished with that care in accordance with the procedures required by the federal Emergency Medical Treatment and Active Labor Act.
    Publication: 49 Ill Reg. 2901; March 14, 2025
  5. Birth Center Licensing Code, 77 Ill. Adm. Code 264
    This rulemaking implements Public Acts 103-0160 and 103-0605 regarding requirements related to notification of parents of newborns of the option to voluntarily donate milk to nonprofit milk banks.
    Publication: 49 Ill Reg. 2918; March 14, 2025
  6. Health Care Worker Background Check Code, 77 Ill. Adm. Code 955
    This rulemaking implements statutory changes made in Public Acts 102-0538, 103-0428 and 103-1032 and makes clarifying changes to existing requirements in the Code related to employment verification requirements and documentation in an employee file. The rulemaking also makes other changes to align the Code with the statute and current Department procedures and includes technical cleanup.
    Publication: 49 Ill Reg. 3028; March 14, 2025

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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Laws & Rules