il-v50i41-77-ill-adm-code-50: 77 Ill. Adm. Code 50 — Essential Support Person Code

1) Heading of the Part: Essential Support Person Code 2) Code Citation: 77 Ill. Adm. Code 50 3) Section Number: Proposed Action: 50.100 Amendment 4) Statutory Authority: Implementing and authorized by the Essential Support Person Act [210 ILCS 175]. 5) A Complete Description of the Subjects and Issues Involved: This rulemaking updates the definition of "Department", defines "Home" per Public Act 104-0037, and includes other technical and statutory clean up to align the Code with the Act. 6) Published studies or reports, and sources of underlying data, used to compose this rulemaking: None 7) Will this proposed rulemaking replace an emergency rule currently in effect? No 8) Does this rulemaking contain an automatic repeal date? No 9) Does this proposed amendment contain incorporations by reference? No 10) Are there any other proposed rulemakings pending on this Part? No 11) Statement of Statewide Policy Objectives: This rulemaking is not expected to create a State mandate. 12) Time, Place, and Manner in which interested persons may comment on this proposed rulemaking: Interested persons may present their written comments concerning this rulemaking within 45 days after this issue of the Illinois Register. Written comments suggesting amendments to the rulemaking must provide the reason for the suggested amendment. An edited version of the rulemaking is acceptable if submitted with the written comments and supporting reasons. Send written comments to: Department of Public Health Attention: Tracey Trigillo, Rules Coordinator Lincoln Plaza nd th 524 South 2 Street, 6 Floor Springfield, IL 62701 (217) 782-1159 dph.rules@illinois.gov 13) Initial Regulatory Flexibility Analysis: A) Description of the type of small business, not for profit corporations or small municipalities subject to the proposed amendment: Facilities as defined in Section 5 of the Act. Most of the businesses that are affected by the Department's rules fall under the definition of small businesses, small municipalities, and not for profit corporations. The Department's policy is to adopt only minimum standards and thus not cause undue hardship on these small businesses, small municipalities, and not for profit corporations. The proposed rules were written with small businesses, small municipalities, and not for profit corporations in mind and the requirements are the bare minimum requirements needed to assure the public health, safety, and welfare of the citizens of the State of Illinois. B) Description of the proposed reporting, bookkeeping and other procedures required for compliance with the amendment: None C) Description of the types of professional skills necessary for compliance: None 14) Small Business Economic Impact Analysis: None 15) Regulatory Agenda on which this rulemaking was summarized: July 2026 16) Any other information or justification for the proposed rule or amendment that the agency believes would be helpful to the public regarding the proposed rule or amendment. For example, a discussion or analysis of the benefits of the proposed rule or amendment is projected to have on the Illinois public, consumers, investors or other similar groups. None The full text of the Proposed Amendment begins on the next page: DEPARTMENT OF PUBLIC HEALTH NOTICE OF PROPOSED AMENDMENT TITLE 77: PUBLIC HEALTH CHAPTER I: DEPARTMENT OF PUBLIC HEALTH SUBCHAPTER a: GENERAL RULES PART 50 ESSENTIAL SUPPORT PERSON CODE Section 50.100 Definitions 50.105 Essential Support Persons 50.110 Statewide Policy for Visitation with a Resident AUTHORITY: Implementing and authorized by the Essential Support Person Act [210 ILCS 175]. SOURCE: Adopted at 48 Ill. Reg. 12360, effective August 1, 2024; SUBCHAPTER a Recodified at 48 Ill. Reg. 14396; amended at 50 Ill. Reg. ______, effective ____________. Section 50.100 Definitions Act – the Essential Support Person Act [210 ILCS 175]. Department – the Department of Public Health or, with respect to community- integrated living arrangements, as defined in the Community-Integrated Living Arrangements Licensure and Certification Act, the Department of Human Services. Essential support − support that includes, but is not limited to assistance with activities of daily living; and physical, emotional, psychological, and socialization support for the resident. Facility − any of the following: a facility as defined in Section 10 of the Alzheimer's Disease and Related Dementias Special Care Disclosure Act; an assisted living establishment or shared housing establishment as defined in Section 10 of the Assisted Living and Shared Housing Act; DEPARTMENT OF PUBLIC HEALTH NOTICE OF PROPOSED AMENDMENT a Community Living Facility as defined in Section 3 of the Community Living Facilities Licensing Act; a facility as defined in Section 2 of the Life Care Facilities Act; a continuum of care facility as defined in Section 10 of the Continuum of Care Services for the Developmentally Disabled Act; a facility as defined in Section 1-113 of the Nursing Home Care Act; a MC/DD facility as defined in Section 1-113 of the MC/DD Act; an ID/DD facility as defined in Section 1-113 of the ID/DD Community Care Act; a hospice program as defined in Section 3 of the Hospice Program Licensing Act; a Supportive Residence as defined in Section 10 of the Supportive Residences Licensing Act; a facility as defined in Section 1-102 of the Specialized Mental Health Rehabilitation Act of 2013; a home, institution, or other place operated by or under the authority of the Department of Veterans' Affairs; an Alzheimer's disease management center alternative health care model under the Alternative Health Care Delivery Act; and a home, institution, or other place that is a State-operated mental health or developmental disability center or facility. Facility − does not include a hospital as defined in the Hospital Licensing Act or any hospital authorized under the University of Illinois Hospital Act. Facility does not include any facility that the Department of Public Health or the Department of Veterans' Affairs does not regulate. Home – a community-integrated living arrangement as defined in the Community- Integrated Living Arrangements Licensure and Certification Act. Office − the Office of State Long Term Care Ombudsman. The functions and duties of the Office are performed by the State Long Term Care Ombudsman and the representatives of the Office, known as Long Term Care Ombudsmen. Person-centered care plan − a care plan for a resident developed by the resident or resident's representative in consultation with health professionals that focuses on the resident's physical, emotional, psychological, and socialization needs and describes the resident's right to designate a primary essential support person or secondary essential support person. Primary essential support person − a person designated by a resident, or the resident's representative, who has access to the resident in accordance with rules set by the Department to provide essential support according to the resident's person-centered care plan. Resident − a person who is living in a facility or home or is seeking admission to a facility or home. Resident includes a guardian of the person or an agent for the person under a power of attorney. Secondary essential support person − a person designated by the resident, or the resident's representative, to serve as a backup to a primary essential support person. (Section 5 of the Act) (Source: Amended at 50 Ill. Reg. ______, effective ____________) ILLINOIS DEPARTMENT OF PUBLIC HEALTH NOTICE OF ADOPTED RULE