Section 973.100  Definitions

 

Act – The Alzheimer's Disease and Related Dementias Services Act

 

Alzheimer's disease and related dementias services – services offered to individuals diagnosed with Alzheimer's disease or a dementia-related disease for the purpose of managing the individual's disease.  (Section 10 of the Act)

 

Alzheimer's Services Supervisor – the person or designee responsible for oversight of Alzheimer's disease and related dementias services or other specialized memory care units as defined in 77 Ill. Adm. Code 295 and 300.

 

Client – has the meaning ascribed to it in the Home Health, Home Services, and Home Nursing Agency Code.

 

Department – the Department of Public Health.  (Section 10 of the Act)

 

Direct access –

 

provision of nursing care, therapy care or social services; or

 

assisting with feeding, dressing, movement, bathing, toileting or other personal needs, with the exception of infrequent or unusual occasions.

 

Director – the Director of Public Health.  (Section 10 of the Act)

 

Entity – any health care facility licensed under the Assisted Living and Shared Housing Act, the Nursing Home Care Act, the Home Health, Home Services, and Home Nursing Agency Licensing Act, and the Hospice Program Licensing Act.

 

Guardian − a person appointed as a guardian of the person or guardian of the estate, or both, of a resident under the Probate Act of 1975.

 

Representative − a person other than the owner not related to the resident, or an agent or employee of an entity not related to the resident, designated in writing by a resident to be his or her representative, or the resident's guardian, or the parent of a resident for whom no guardian has been appointed.

 

Resident – has the meaning ascribed to it in the Assisted Living and Shared Housing Establishment Code or the Skilled Nursing and Intermediate Care Facilities Code, as applicable.

 

(Source:  Amended at 45 Ill. Reg. 12864, effective September 22, 2021)

 

Section 973.110  Referenced Materials

 

a)         The Following State Statutes are referenced in this Part:

 

1)         Alzheimer's Disease and Related Dementias Special Care Disclosure Act [210 ILCS 4]

 

2)         Assisted Living and Shared Housing Act [210 ILCS 9]

 

3)         Nursing Home Care Act [210 ILCS 45]

 

4)         Home Health, Home Services, and Home Nursing Agency Licensing Act [210 ILCS 55]

 

5)         Alzheimer's Disease and Related Dementias Services Act [410 ILCS 406]

 

6)         Probate Act of 1975 [755 ILCS 5]

 

7)         Hospice Program Licensing Act [210 ILCS 60]

 

b)         The following State Administrative Rules are referenced in this Part:

 

1)         Home Health, Home Services, and Home Nursing Agency Code (77 Ill. Adm. Code 245)

 

2)         Assisted Living and Shared Housing Establishment Code (77 Ill. Adm. Code 295)

 

3)         Skilled Nursing and Intermediate Care Facilities Code (77 Ill. Adm. Code 300)

 

4)         Hospice Programs (77 Ill. Adm. Code 280)

 

Section 973.120  Applicability

 

a)         Entities covered by the Act and this Part include, but are not limited to, health care facilities licensed or certified by the Assisted Living and Shared Housing Act; Nursing Home Care Act; Home Health, Home Services, and Home Nursing Agency Licensing Act; and Hospice Program Licensing Act.

 

b)         The Act and this Part do not apply to physicians licensed to practice medicine in all its branches.  (Section 15 of the Act)

 

c)         If a conflict occurs between the Act or this Part and the Assisted Living and Shared Housing Act and its administrative rules (77 Ill. Adm. Code 295), the Nursing Home Care Act and its administrative rules (77 Ill. Adm. Code 300), or the Alzheimer's Disease and Related Dementias Special Care Disclosure Act, then those Acts or rules shall prevail.  (Section 25 of the Act)

 

Section 973.130  Covered Entities

 

a)         Any and all entities providing Alzheimer's disease and related dementias services shall comply with the Act and this Part, and with the Alzheimer's Disease and Related Dementias Special Care Disclosure Act.

 

b)         The entity shall designate an Alzheimer's services supervisor to oversee the entity's Alzheimer's disease and related dementias services.

 

c)         The entity shall have a care plan for all clients or residents with an Alzheimer's disease or related dementias diagnosis.  The plan shall be implemented in accordance with nationally recognized standards of care or guidelines for Alzheimer's disease and related dementias. Examples of organizations that promulgate nationally recognized Alzheimer's guidelines include, but are not limited to, the Alzheimer's Association (ALZ), the National Institutes of Health (NIH), the National Institute on Aging (NIA), and the National Council of Certified Dementia Practitioners (CDP).  Additionally:

 

1)         Establishments licensed under the Assisted Living and Shared Housing Establishment Act shall comply with 77 Ill. Adm. Code 295.4060(a) through (i).

 

2)         Facilities licensed under the Nursing Home Care Act shall comply with 77 Ill. Adm. Code 300.7020, 300.7030, 300.7040 and 300.7050.

 

3)         Agencies licensed under the Home Health, Home Services, and Home Nursing Agency Licensing Act shall comply with 77 Ill. Adm. Code 245.

 

4)         Hospice programs or hospice residences licensed under the Hospice Program Licensing Act shall comply with 77 Ill. Adm. Code 280.2010 and 280.2040.

 

d)         Materials defining the philosophy of the services, specific services offered, and behavior management tactics and drug therapies employed shall be provided to a resident or the resident's representative upon admission or enrollment to an entity, or earlier upon request, including a disclaimer that the services are not certified under the Alzheimer's Disease and Related Dementias Special Care Disclosure Act.  (Section 25 of the Act)

 

e)         Advertising or verbally offering to provide Alzheimer's disease and related dementias services that are not in compliance with the Act and this Part is prohibited.  (Section 25 of the Act)

 

(Source:  Amended at 45 Ill. Reg. 12864, effective September 22, 2021)

 

Section 973.140  Staff Training

 

a)         In order to serve as an Alzheimer's services supervisor working in an entity licensed under 77 Ill. Adm. Code 295 or 300, an individual shall complete at least 12 hours of continuing education annually, especially related to the care of residents or clients with Alzheimer's disease or other related dementias and shall have documented course work in dementia care and ability-centered care.  The Alzheimer's services supervisor shall also meet at least one of the following requirements:

 

1)         Have an associates or bachelor's degree or be a registered nurse and have at least one year of experience working with persons with Alzheimer's disease and other related dementias and have completed training in ability-centered care (see 77 Ill. Adm. Code 300.7030); or

 

2)         Have a minimum of five years of experience working with persons with Alzheimer's disease and other related dementias, at least two years of which are management experience working with persons with Alzheimer's disease and other related dementias and have completed ability centered care training.

 

b)         In order to serve as an Alzheimer's services supervisor working in an entity licensed under 77 Ill. Adm. Code 245 or 280, an individual shall complete at least eight hours of training annually related to the care of residents or clients with Alzheimer's disease and other related dementias.  The Alzheimer's services supervisor shall also meet at least one of the following requirements:

 

1)         Achieve a certification from one of the following:

 

A)        The Alzheimer's Association's EssentiALZ program;

 

B)        An organization that provides a credentialing certificate for a certified dementia specialist (CDS);

 

C)        The National Council of Certified Dementia Practitioners (CDP) as a certified dementia practitioner; or

 

D)        The National Certification Board for Alzheimer and Aging Care; or

 

2)         Have a minimum of two years of experience working with persons with Alzheimer's disease and other related dementias, at least one year of which is management experience working with persons with Alzheimer's disease and other related dementias, and have completed ability-centered care training.

 

c)         Staff with direct access to clients with Alzheimer's disease or a related dementia hired after June 2, 2019 shall complete a minimum of 6 hours of initial training in the first 60 days of employment using an Alzheimer's disease and related dementias services curriculum, as defined in subsection (e).  (Section 30 of the Act)

 

d)         Subsection (c) shall not apply to the following:

 

1)         Staff who received at least 6 hours of comparable training in compliance with licensure or certified training requirements within the year (previous 365 days) prior to being hired; and

 

2)         Staff temporarily hired or temporarily detailed by a facility licensed under the Nursing Home Care Act to permit the facility to meet statutory staffing requirements.  (Section 30 of the Act)

 

e)         An Alzheimer's disease and related dementias services curriculum shall include, at a minimum, the following topics:

 

1)         Understanding dementia (e.g., hoarding, paranoia, hallucinations, and Sundown syndrome);

 

2)         Effectively communicating with individuals with dementia;

 

3)         Assisting individuals with dementia in performing activities of daily living;

 

4)         Problem solving with individuals with dementia who exhibit challenging behavior (e.g., aggressive and catastrophic behaviors);

 

5)         Fundamentals of dementia care;

 

6)         Safe environments (e.g., wandering);

 

7)         Managing the activities of individuals with dementia.

 

f)         As of June 2, 2019, staff with direct access to clients with dementia shall receive 3 hours of advanced training on caring for individuals with Alzheimer's disease and related dementias each year.  The initial six hours of training required in subsection (c) shall satisfy the annual training requirement for the staff member's first year of employment.  The mandated training shall include, at a minimum:

 

1)         Promoting resident dignity, independence, individuality, privacy and choice;

 

2)         Resident rights and principles of self-determination;

 

3)         Care of elderly persons with physical, cognitive, behavioral and social disabilities; and

 

4)         Effectively communicating with individuals with dementia.

 

g)         As of June 2, 2019, all required training shall be documented with the date of the training; the length of time spent on each training topic; instructors and their qualifications; short description of content; and staff member's signature or electronic certificate with a date and time stamp indicating completion. Documentation on whether the staff member completed a competency evaluation on the material may also be included.  Alzheimer's disease and related dementias services employers shall maintain training records and make them available to the Department on request.  (Section 30 of the Act)

 

(Source:  Amended at 45 Ill. Reg. 12864, effective September 22, 2021)

 

Section 973.150  Penalties

 

a)         Any entity licensed, certified, or regulated by the State that knowingly holds itself out as a provider of Alzheimer's disease and related dementias services and fails to comply with the Act and this Part is deemed to have violated the statute or statutes governing the licensure, certification, or regulation of the entity and any contract or agreement the entity has with the State. 

 

b)         Any entity not operated by the federal government or any agency thereof, or individual not covered by subsection (a), that knowingly holds himself, herself, or itself out as a provider of Alzheimer's disease and related dementias services and fails to comply with the Act and this Part is guilty of a business offense punishable by a fine of at least $1,001 (Section 40 of the Act).