Proposed Rules

Rules on First Notice (minimum of 45 days public comment period)

1. Sexual Assault Survivors Emergency Treatment Code (77 Ill. Adm. Code 545)
   This rulemaking implements Public Act 100-0775, signed August 10, 2018 and effective January 1, 2019, which amended the Sexual Assault Emergency Treatment Center Act to provide for emergency treatment for pediatric sexual assault survivors, whether in a hospital or in a new category of health care provider, an approved pediatric health care facility. Also included in this rulemaking are amendments from P.A. 100-1087, signed into law on August 24, 2018.

   Publication: December 2, 2019 (anticipated); 45 days expires January 16, 2020

2. Hospice Programs (77 Ill. Adm. Code 280)
   This rulemaking implements Public Act 100-0744, which changed the number of persons who may be served in a residence from 16 to 20 per location and implements an updated federal Centers for Medicare and Medicaid Services (CMS) requirement regarding compliance with the 2012 edition of the National Fire Protection Association (NFPA) 101 Life Safety Code.
   This rulemaking also adds language establishing minimum requirements for change of ownership; changes the requirement for informing the Department of changes to a hospice’s statement of ownership from 10 days after the change to 30 days before the change; replaces outdated regulatory language regarding geographical distribution of hospice residents with current statutory language; and requires compliance with the Alzheimer’s Disease and Related Dementias Act and the Alzheimer’s Disease and Related Dementias Services Code (77 Ill. Adm. Code 973).

   Publication: October 18, 2019; 45 days expires December 2, 2019

Rules Filed for Second Notice Review by JCAR at the December 17, 2019 meeting

1. Long-Term Care Assistants and Aides Training Programs Code (77 Ill. Adm. Code 395)
   This proposed rulemaking seeks to implement federal regulations for long-term care assistants and aides training programs to include requirements consistent with current federal regulations for instructors who train nurse aides.This rulemaking includes several new Sections to provide the Department direct oversight of requirements for an Advanced Nursing Assistant Training Program (ANATP) and provides updates to the requirements for a Basic Nursing Assistant Training Program (BNATP.)The proposed rulemaking seeks to update state rules to be consistent with current federal regulations, addresses federal mandate for states to create a “career ladder” for advanced nurse aide training, and to implement best practices in nurse aide training programs as suggested by nursing professionals and IDPH professional staff.

   Publication: September 20, 2019; 45 days expires November 4, 2019

2. Illinois Plumbing Code (77 Ill. Adm. Code 890)
   This rulemaking addresses public health concerns associated with waterborne opportunistic pathogens (such as Legionella) and hazardous substances (such as lead) in potable water systems and introduces national standards for harvested water systems. The proposed rulemaking includes revisions to language on the installation of dialysis machines to reduce potential cross contamination.
   The Department held a public hearing for this rulemaking on February 4, 2019 in Springfield.

   Publication: December 28, 2018; 45 days expires February 11, 2019
   Second Notice Text
   Response to Comments