Agencies
Services
Proposed Rules
Adopted Rulemakings
1&2. Skilled Nursing and Intermediate Care Facilities Code (77 Ill. Adm. Code 300) – Combined for adoption
Adopted: December 31, 2024
Publication: 49 Ill Reg. 760; January 16, 2025
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
Skilled Nursing and Intermediate Care Facilities Code (77 Ill. Adm. Code 300) - Combined for adoption
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)
Adopted: December 31, 2024
Publication: 49 Ill Reg. 802, January 16, 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: 48 Ill Reg. 13948; September 20, 2024
4. Illinois Veterans' Homes Code (77 Ill. Adm. Code 340)
Adopted: December 17, 2024
Publication: 49 Ill Reg. 832; January 16, 2025
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)
Adopted: December 17, 2024
Publication: 49 Ill Reg. 202; January 3, 2025
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 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)
- 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. TBD; March 21, 2025
First Notice Expires: End of day on Monday, May 5, 2025 - 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. TBD; March 14, 2025
First Notice Expires: End of day on Monday, April 28, 2025 - 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. TBD; March 14, 2025
First Notice Expires: End of day on Monday, April 28, 2025 - 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. TBD; March 14, 2025
First Notice Expires: End of day on Monday, April 28, 2025 - 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. TBD; March 14, 2025
First Notice Expires: End of day on Monday, April 28, 2025 - 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. TBD; March 14, 2025
First Notice Expires: End of day on Monday, April 28, 2025 - 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 makes other changes to align the Code with the statute and current Department procedures and includes technical cleanup.
Publication: 49 Ill Reg. TBD; March 14, 2025
First Notice Expires: End of day on Monday, April 28, 2025 - 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 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
First Notice Expires: End of day on Monday, April 7, 2025 - Skilled Nursing and Intermediate Care Facilities Code (77 Ill. Adm. Code 300)
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.
Publication: 49 Ill Reg. 1397; February 7, 2025
First Notice Expires: End of day on Monday, March 24, 2025 - Sheltered Care Facilities Code (77 Ill. Adm. Code 330)
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: 49 Ill Reg. 1124; January 24, 2025
First Notice Expires: End of day on Monday, March 10, 2025 - 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 Expired: End of day on Thursday, January 16, 2025
Rules Filed for Second Notice Review by JCAR
- 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. 17466; December 6, 2024 - 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 - 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. 17475; December 6, 2024 - 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 - 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 - Intermediate Care For the Developmentally Disabled Facilities Code (77 Ill. Adm. Code 350)
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 - Medically Complex for the Developmentally Disabled Facilities Code (77 Ill. Adm. Code 390)
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
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.
