Agencies
Services
Proposed Rules
Adopted Rulemakings
- 77-690 Control of Communicable Disease Code (77 Ill. Adm. Code 690)
Adopted: February 27, 2024
Publication: 48 Ill Reg. TBD; March TBD, 2024
Section 690.100, published at 47 Ill Reg. 7323; June 2, 2023 combined with the rulemaking published at 47 Ill Reg. 10251; July 14, 2023.
The rulemakings updated 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 proposed 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 by adding the Department of Public Health Powers and Duties Law to the Authority for this administrative rule. While reportable disease conditions were repealed with the February 2019 amendments and COVID-19 rules added in 2020, it has been since 2014 when revisions were made to improve public health’s authorities to implement response actions. During the past eight years, as part of program evaluation and after-action assessment from major events, state and local health department staff have worked jointly to propose rule amendments to ensure communicable disease cases and outbreaks can be swiftly and aggressively contained and/or eliminated to prevent morbidity and mortality to Illinois residents. In addition, new communicable diseases have evolved that need to be addressed within the Communicable Disease Administrative Code, including multi-drug-resistant organisms, SARS-CoV-2 infection and melioidosis. Further, technologies have improved the time in which reporting can occur, prompting revisions to the time frames for reporting. - Health Care Worker Background Check Code (77 Ill. Adm. Code 955)
Adopted: February 20, 2024
Publication: 48 Ill Reg. 3367; March 1, 2024
This rulemaking implemented Public Act 103-0303, which amended the definition of "health care employer" in the Health Care Worker Background Check Act and Public Act 103-0428, which amended Section 25 of the Act related to disqualifying offenses. These updates require an FBI background check in addition to the current ISP background check requirements for disqualifying offenses. The rulemaking also made clarifications to provisions in Section 955.285 to align with current Department practice. - Skilled Nursing and Intermediate Care Facilities Code (77 Ill. Adm. Code 300)
Adopted: February 16, 2024
Publication: 48 Ill Reg. 3317; March 1, 2024
This adopted rulemaking implements Public Act 102-0646, which amended requirements in the Nursing Home Care Act (the Act) for informed consent for prescribing psychotropic medications to residents; P.A. 103-0001, which gave the Department of Public Health flexibility in statutorily mandated inspections of licensed facilities during public health emergencies; and P.A. 102-1007, which amended the Act to require facilities licensed under that Act to inform nurses of employee assistance programs. Section 300.340 was amended to make technical updates and Section 300.315 was repealed as statutory authorization for the Supported Congregate Living Arrangement Demonstration no longer exists. - Hospital Licensing Requirements (77 Ill. Adm. Code 250)
Adopted: January 30, 2024
Publication: 48 Ill Reg. 2516; February 16, 2024
The rulemaking allows for the implementation of a waiver from the Centers for Medicare and Medicaid Services (CMMS) that exempts qualifying hospitals from compliance with subsections 482.23(b) and (b)(1) of the Hospital Conditions of Participation (42 CFR 482). Qualifying hospitals will be permitted to provide limited inpatient services directly in a patient’s home. The purpose of the CMMS waiver is to alleviate the strain on hospitals from increased hospitalizations and the consequent lack of resources due to the ongoing impacts of COVID-19, and to safely protect those with comorbidities from contracting COVID-19. Since CMMS has extended the waiver through December 31, 2024, the Department adopted this rule as a permanent rule to be repealed upon the repeal of the federal waiver option. - Hospice Programs (77 Ill. Adm. Code 280)
Adopted: January 30, 2024
Publication: 48 Ill Reg. 2531; February 16, 2024
Section 280.4010 (Licensure of Hospice Residences) was 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) was amended to establish the maximum number of days license applicants may submit additional documentation with their applications. Section 280.1010 (Incorporated and Referenced Materials) was amended to update the incorporated federal regulations. - Intermediate Care For the Developmentally Disabled Facilities Code (77 Ill. Adm. Code 350)
Adopted: January 30, 2024
Publication: 48 Ill Reg. 2546; February 16, 2024
This rulemaking made numerous amendments to 77 Ill. Adm. Code 350 to bring it into alignment with the ID/DD Community Care Act (the Act). This rulemaking added statutory language to the rule, updated construction and life safety requirements, updated certification requirements for CNAs and dietitians, and included technical clean up including, for non-statutory language, changing "his or her" to an appropriate gender-neutral term and changing "mental retardation" to "intellectual disability". This adoption added new Sections, 350.691, requiring compliance with the Authorized Electronic Monitoring in Long-Term Care Facilities Act and Code, and 350.840 (Employee Assistance Program) implementing Public Act 102-1007. - Medically Complex for the Developmentally Disabled Facilities Code (77 Ill. Adm. Code 390)
Adopted: January 30, 2024
Publication: 48 Ill Reg. 2635; February 16, 2024
This rulemaking implements Public Act 102-1007, which amended the MC/DD Act to require facilities licensed under that Act to inform nurses of employee assistance programs. - Loan Repayment Assistance for Physicians (77 Ill. Adm. Code 581)
Adopted: January 30, 2024
Publication: 48 Ill Reg. 2647; February 16, 2024
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. - Underserved Health Care Provider Workforce Code (77 Ill. Adm. Code 590)
Adopted: January 30, 2024
Publication: 48 Ill Reg. 2653; February 16, 2024
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.
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)
- Home Health, Home Services, and Home Nursing Agency Code (77 Ill. Adm. Code 245)
This rulemaking implements Public Act 103-0257, which amends the Home Health, Home Services, and Home Nursing Agency Licensing Act (the Act) to increase the provisional licensure period in the Home Health, Home Services, and Home Nursing Agency Code (the Code) from 120 days to 240 days and the provisional license renewal period from 120 days to 90 days. Also amends the type of license and fee for home health agencies from an annual license with a $25 annual fee to a two-year licenses with a $1,500 fee. Allows for multiple licenses with applicable license fees to be paid for each license. Makes other changes to align the Code with the Act.
First Notice Published: 48 Ill. Reg. 3397; March 8, 2024 - Skilled Nursing and Intermediate Care Facilities Code (77 Ill. Adm. Code 300)
This rulemaking amends Section 300.3300 (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. Section 300.340 (Incorporated and Referenced Materials) is being amended to add 89 Ill. Adm. Code 240 to the list of referenced administrative rules.
First Notice Published: 48 Ill. Reg. 3008; March 1, 2024 - Sheltered Care Facilities Code (77 Ill. Adm. Code 330)
This rulemaking amends Section 330.4300 (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. Section 330.340 (Incorporated and Referenced Materials) is being amended to add 89 Ill. Adm. Code 240 to the list of referenced administrative rules.
First Notice Published: 48 Ill. Reg. 3042; March 1, 2024 - Lead Poisoning Prevention Code (77 Ill. Adm. Code 845)
Changes to these rules align the Department with the CDC recommendation for public health intervention when a child is diagnosed with a blood lead level of 3.5 micrograms per deciliter of blood or higher.
First Notice Published: 48 Ill. Reg. 3071; March 1, 2024 - Hospital Licensing Requirements (77 Ill. Adm. Code 250)
This rulemaking seeks to implement requirements of several Public Acts that amend the Hospital Licensing Act (the Act). Public Act 102-1095 created the Latex Glove Ban Act and prohibits the use of latex gloves by health care facility personnel if the patient upon whom the latex gloves are to be used is unconscious or otherwise physically unable to communicate and whose medical history lacks sufficient information to indicate whether the patient has a latex allergy. Public Act 103-0057 makes changes to the requirements for a hospital's influenza and pneumococcal immunization policy regarding the ages for identifying patients of immunization, lowering the requirement for influenza immunization from age 65 to age 50 and adding age 65 for pneumococcal immunization. Public Act 103-0160 requires hospitals to provide information and instructional materials to parents of newborns, upon discharge from the hospital, regarding the option to voluntarily donate milk to non-profit milk banks. Public Act 103-0169 requires hospitals to have written policies and continuing education that addresses airway emergencies experienced during childbirth. Public Act 103-0211 adds a requirement that hospital nursing care committees must annually notify the hospital nursing staff of the staff's rights under Section 10.10 of the Act; Finally, Public Act 103-0213 amends the Act to include a new provision prohibiting the delay of treatment in an emergency room to inquire about the individual's method of payment of insurance status.
First Notice Published: 48 Ill. Reg. 1787; February 2, 2024 - Emergency Medical Services, Trauma Center, Comprehensive Stroke Center, Primary Stroke Center and Acute Stroke Ready Hospital Code (77 Ill. Adm. Code 515)
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.
Publication: 48 Ill Reg. 95; January 5, 2024 - 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 - Sexual Assault Survivors Emergency Treatment Code (77 Ill. Adm. Code 545), Filed with SOS Index on March 6, 2024
These amendments to Section 545.65 in the Sexual Assault Survivors Treatment Code update existing requirements for transfer hospitals and add five new subsections that provide for treatment requirements for sexual assault survivors who opt not to be transferred to a treatment hospital for medical forensic services. The amendments were requested by the Sexual Assault Medical Forensic Services Implementation Task Force because of the increase in the number of hospitals applying for approval as transfer hospitals for sexual assault survivors. For survivors who do not want to be transferred for medical forensic evidence collection, the transfer hospital must still provide medical emergency care for treatment of possible sexual transmitted infections, pregnancy prevention, and medical follow up. This will ensure the transfer hospital meets the medical needs of sexual assault survivors outside of the collection of medical forensic evidence.
First Notice Published: 48 Ill. Reg. TBD; March TBD, 2024 - Assisted Living and Shared Housing Establishment Code (77 Ill. Adm. Code 295), Filed with SOS Index on March 6, 2024
This rulemaking seeks to implement Public Act 103-0261, which creates the Essential Support Person Act and Public Act 103-0444, which removes the residency prohibition for individuals who require sliding scale insulin administration. The rulemaking also implements Public Act 102-1037, creating the Certified Nursing Assistant Intern Program and makes additional technical changes to align the Assisted Living and Shared Housing Establishment Code with the statute.
First Notice Published: 48 Ill. Reg. TBD; March TBD, 2024
Rules Filed for Second Notice Review by JCAR
- Sheltered Care Facilities Code (77 Ill. Adm. Code 330)
This rulemaking implements Public Acts 99-0376, 100-0099, 100-0293, and 100-0432, 101-0116, 102-1007, 102-1080, 102-0646 and 103-0489. The rulemaking updates statutory language regarding medical foster homes pursuant to P.A. 99-0376, adds language regarding requirements for patient referrals pursuant to Public Act 100-0099, adds language regarding the use of identification wristlets for residents of an Alzheimer’s disease unit pursuant to P.A. 100-0293, adds requirements related to the use of closed captioning feature on televisions in common areas pursuant to P.A. 101-0116, and makes necessary updates to align the rule with revisions to statutory language regarding the Health Care Worker Registry pursuant to P.A. 100-0432. The rulemaking also adds requirements related to employee assistance programs and resident rights pursuant to P.A. 102-1007 and 102-1080, respectively. In addition to the statutorily required updates, this rulemaking incorporates federal requirements regarding antibiotic stewardship programs and brings language into alignment with current National Fire Protection Association standards. This rulemaking will bring the Sheltered Care Facilities Code into compliance with the Nursing Home Care Act.
Publication: 47 Ill Reg. 15139; October 27, 2023 - Food Code (77 Ill. Adm. Code 750)
The proposed rulemaking seeks to adopt the latest version of the FDA Food Code, update definitions, and update provisions for inspection to reflect recent legislation including allergen notices, default beverages for children’s meals, and the latex glove ban for food handling and preparation.
Publication: 47 Ill Reg. 17932; December 8, 2023 - Illinois Modular Dwellings and Mobile Structures Code (77 Ill. Adm. Code 880)
This amendment provides updated contact information for a referenced organization.
Publication: 47 Ill Reg. 18891; December 26, 2023
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.