Illinois State Laws and Regulations - Summary

Frequently Asked Questions

Overview

  1. What kinds of facilities require a license?
    Alcohol and other drug abuse treatment facilities are licensed according to the level of care and services they are capable of providing to their patients. Any behavioral health facility that offers treatment services for substance abuse requires a license. There are two types of services. Read More
  2. What kinds of facilities provide addiction services in Illinois and what are the levels of care?
    In Illinois, services include Medically Managed Detoxification, Medically Managed Intensive Inpatient, Medically Monitored Detoxification, Inpatient Subacute/Residential care, Intensive Outpatient/Partial Hospitalization, Read More
  3. What does it mean to be ‘licensed’, or ‘accredited’ in this industry?
    Licensing means that the facility has been granted the right to operate, including a written notice conveying to the public that the Department of Human Services Division of Alcoholism and Substance Abuse has issued its permission to operate authorized services. These services may only be delivered… Read More
  4. Licensing

  5. Which body authorizes and oversees substance abuse treatment facilities in the State of Illinois?
    In Illinois, the Department of Human Services Division of Alcoholism and Substance Abuse (IDHS/DASA) is responsible for ensuring that persons who Read More
  6. What information must be provided in an application for a license?
    Submission of an application for a new license must be made using the following form: Read More
  7. What kinds of licenses are available?
    An organization may apply for an intervention and/or a treatment license. Both services may be offered at the same facility, which will be authorized by a single license issued to that facility. The license certificate for the facility will specify all levels of care and a designation of adult and or adolescent services. Read More
  8. Can a facility offer services off-site?
    Treatment or intervention services may be offered off-site when Read More
  9. When can a facility make referrals to other service providers?
    All referrals made for treatment or intervention services must be made only to licensed organizations unless Read More
  10. How long does the licensing process usually take?
    Licensure applications are deemed received by Illinois Department of Human Services Division of Alcoholism and Substance Abuse (IDHS/DASA) on the postmarked date. IDHS/DASA will notify Read More
  11. Renewal

  12. Does a license have to be renewed?
    Each license issued by Illinois Department of Human Services Division of Alcoholism and Substance Abuse (IDHS/DASA) is effective for Read More
  13. On-site Review

  14. What kinds of inspections might there be for licensure determination?
    Submission of an application carries implied consent to permit inquiry into the data furnished. This will likely be triggered when an anomaly or disparity is discovered in Read More

  15. How can a facility prepare for inspections, on-site reviews and audits?
    While the criteria are periodically updated, key subjects of review may include: (i)medication management (security and storage, self-administration, logging of administration, labelling, and destruction) ; (ii) policies and procedures detailing compliance with federal, state, and local laws and regulations (including confidentiality, non-discrimination, and patient rights); (iii) Read More
  16. What kinds of changes could affect licensing once granted?
    IDHS/DASA requires notification of the following changes: Read More
  17. What are the sanctions for failing to meet a regulatory requirement?
    It is possible to include a request in writing an exception to any of the regulatory standards. This should be sent from the designated facility representative to the Associate Director of the Illinois Department of Human Services Division of Alcoholism and Substance Abuse (IDHS/DASA), indicating Read More
  18. Zoning and Land Use

  19. What are the protections afforded to small group homes used for the purpose of residential substance abuse treatment?
    Any facility with six or fewer residents is exempt from local zoning and land use regulations (based on federal law) and is therefore Read More
  20. Are there any proximity restrictions regulating how close treatment centers may be to each other? Can I open a residential treatment center right next to one that is already there?
    There is no regulation preventing multiple facilities from operating in close proximity. However, many residential treatment facilities have faced Read More
  21. What are the basic physical plant requirements for treatment facilities?
    Please note, these regulations relate to space and do not constitute all environmental requirements. Facilities should have policies and procedures designed to prevent fire and safety hazards and minimize the risk of patient self-injury.Premises must be clean, safe, secure and suitable for their intended purpose, as well as meeting all required health and safety standards. The following requirements apply to all facilities except for recovery homes: Read More
  22. Care, Treatment and Services

    Admissions Agreement

  23. What information should be provided to the patient and what should an admissions agreement contain?
    Prior to admission, or in the case of an intoxicated patient, as soon as stabilization occurs, basic information about treatment services must be provided, in simple, non-technical terms and in the patient’s primary language. This should include Read More
  24. What pre-admission screening is required for facilities in Illinois?
    In an effort to ensure a safe environment for staff and patients facilities will screen for Read More
  25. Placement

  26. How does a facility decide whether a patient fits a particular level of care and what services will be received?
    Facilities have an obligation to provide adequate and appropriate services to their patients or patients which must be delivered with objectivity, respect and integrity. Facilities must take care not to exceed Read More
  27. What types of non-medical services might be part of a treatment plan?
    All facilities should develop a patient education plan that specifies all patient education available.Patient education may be provided individually or in a group.Such education Read More
  28. Treatment Plan

  29. What should go in a treatment plan?
    A treatment plan should be based on an evaluation of the patient and incorporate the strategies and services designed to help the patient achieve their treatment goals.

    For Levels I-IV of care, patient needs must be determined through specific inquiry and analysis in the six dimensions established in the ASAM Patient Placement Criteria which constitutes guidelines for placement, continued stay and transfer/discharge of patients, in addition to the following factors: Read More

  30. What is a Continued Stay Review?
    The purpose of a continued stay review is to validate the appropriateness of the patient’s current level of care, or to determine a need to move to another level of care or to discharge.It includes a review of the ASAM continued stay or discharge criteria, Read More
  31. Medication

  32. What rules govern administration and dispensing of patient medications?
    Facilities must ensure that patients surrender all medications on admission, and thereafter the following rules apply: Read More
  33. Patient Rights

  34. What rights are guaranteed to patients?
    Patients’ rights must be respected and protected. Each facility has a responsibility to provide patients, or their representatives, with a copy of their rights, in a language they can understand on admission, and inform them of the complaints and appeal process. Patients, or their representatives, must sign to confirm they have received a copy of their rights and this must be retained in the patient’s record. Read More
  35. Discharge

  36. What grounds are needed in order to dismiss a patient from a program?
    There are four types of discharge. Successful completion of program means that the patient has met the goals of their treatment/recovery plan. Unsuccessful discharge means Read More
  37. How do I plan for a successful discharge?
    A continuing recovery plan, discharge criteria and a discharge summary should be developed for each patient: Read More
  38. I need to discharge a patient that relapsed, but am I at risk if he or she overdoses tonight and how can I protect myself?
    The discharge of a patient must be handled carefully given the risks if a patient suffers negative health consequences in the aftermath of discharge.It is helpful to address the discharge process in Read More
  39. Privacy

  40. How must clients’ privacy be protected?
    Client confidentiality is an important issue covered by both federal and state laws. These laws set forth specific requirements regarding how and when patient information may be shared and the protections that must be in place ... Read More
  41. Governance and Staffing

  42. Can a substance abuse facility have medical staff?
    Any organization providing treatment services must designate a medical director, who is licensed and in good standing to practice medicine in all its branches in Illinois, who will oversee all medical procedures. The medical director may be Read More
  43. Payment

  44. How should I respond to patients who are unable to pay the required deductibles? Can I waive a patient’s financial responsibility?
    Patients seeking drug and alcohol rehabilitative services often face financial difficulties, whether as a result of the consequences of their addiction or as a result of the expense of multiple, prior failed treatment programs. s a consequence, many patients (and their families or financial guarantors) claim an inability to pay deductibles, coinsurance, and/or copayments. aiving or discounting patient financial responsibility can Read More
  45. What are the key issues insurers raise to demand recoupment of fees from substance abuse treatment programs?
    Insurers may demand recoupment of fees based on any defect in the billing claim or supporting documentation and/or based on any noncompliance with federal or state laws.The most common defects in the billing claim that insurers assert are lack Read More
  46. Marketing

  47. What marketing practices are prohibited?
    The most widespread prohibited marketing practices in addiction treatment appear to revolve around inappropriate inducements and inaccurate marketing claims. Read More
  48. What are the limits of gift giving to potential referral sources?
    State and federal regulators prohibit the exchange of items of value to induce referrals so the exchange of any item of value, whether it is cash or in kind, must be carefully monitored. Read More
  49. What kind of benefits can I offer existing or new patients?
    Facilities should avoid giving gifts to patients or referral sources based on anti-kickback statutes which prohibit patient brokering. Facilities can offer Read More
  50. Recovery Residences

    Licensing

  51. What is a recovery home?
    Recovery homes are alcohol and drug free housing with rules, peer-led groups, staff activities and/or other structured operations which are directed toward maintenance of sobriety for persons who exhibit treatment resistance, relapse potential and/or lack of suitable recovery living environments or who recently have completed substance abuse treatment services or who may be receiving such treatment services at another licensed facility. Read More
  52. Do we need a license to open a recovery home?
    In Illinois, recovery homes must obtain an intervention license from Illinois Department of Human Services Division of Alcoholism and Substance Abuse (IDHS/DASA). Read More
  53. When can a recovery home make referrals to other service providers?
    The recovery home must establish a referral network to be utilized by residents for any necessary medical, mental health, substance abuse, vocational or employment resources. Read More
  54. How long does the licensing process usually take?
    Licensure applications are deemed received by Illinois Department of Human Services Division of Alcoholism and Substance Abuse (IDHS/DASA) on the postmarked date. Following this, Read More
  55. Renewal

  56. Does a license have to be renewed?
    Each license issued by Illinois Department of Human Services Division of Alcoholism and Substance Abuse (IDHS/DASA) is effective for Read More
  57. On-site Review

  58. What kinds of inspections might there be for licensure determination?
    Submission of an application carries implied consent to permit inquiry into the data furnished. This will likely be triggered when Read More.
  59. How can a recovery home prepare for inspections, on-site reviews and audits?
    While the criteria are periodically updated, key subjects of review may include: (i) policies and procedures detailing compliance with federal, state, and local laws and regulations, including confidentiality and non-discrimination; (ii) program description, detailing program mission, philosophy, objectives and evaluation plan; (iii) Read More.
  60. What kinds of changes could affect licensing once granted?
    IDHS/DASA requires notification of the following changes: Read More
  61. What kinds of services can a recovery home offer?
    Recovery homes provide a structured alcohol and drug free environment for congregate living that offers regularly scheduled peer-led or community gatherings (self-help groups, etc.) that are held a minimum of five days per week and provide recovery education groups weekly. Recovery homes must have Read More
  62. Zoning and Land Use

  63. What are the protections afforded by federal law to small group homes used for the purpose of residential drug rehabilitation?
    A recovery home with six or fewer people is exempt from zoning and land use regulations based on federal and state law, and need not seek municipal approval to operate. Homes with Read More
  64. What plant safety requirements affect recovery homes?
    Recovery homes must comply with all applicable zoning and local building ordinances and maintain appropriate fire, hazard, liability and other insurance coverages, including: Read More
  65. Can local governments put special restrictions on recovery homes?
    Recovery homes in some communities have found growing efforts to regulate them by local ordinance, including registration requirements, concentration (spacing) limits, and other requirements.a href="/laws/illinois/members"> Read More
  66. What other aspects should I consider before choosing a location for our recovery home?
    In siting a recovery home, attention should be paid to potential hostility from neighbors.While federal and state law protect the right to operate recovery homes of six or fewer in any residential community, operators should be prepared to deal with the stress and expense of combatting hostile neighbors and potentially hostile cities in litigation. Read More
  67. Resident’s Rights and Responsibilities

  68. What would our obligations to patients be?
    To enforce that the premises remain safe and free of intoxicant use; to maintain the premises in a habitable manner; to Read More
  69. What kind of agreement should we ask our patients to sign?
    The agreement should include a pledge from the tenant to live by the house rules including to abstain from drug and alcohol use and (usually) to attend a weekly patients’ meeting and any other rules the landlord wishes to make (guests, pets); Read More
  70. Can we insist on drug tests and searches?
    No, recovery homes do not have the right to impose testing or searches without consent. Read More
  71. Can a recovery home bill insurance for required and/or random drug testing?
    Recovery homes sometimes rely on the drug screening which takes place when the patient attends outpatient services, although they may Read More
  72. Can we make patients’ obligations contractually enforceable?
    If the rules are contained in the tenancy agreement as conditions of homes, and the patient agrees to them upon accepting the tenancy, then they are enforceable. In addition, Read More
  73. Governance and Staffing

  74. What kind of ownership and staffing structures are common with these types of residential arrangements?
    A recovery home may be structured as a nonprofit corporation, a for-profit corporation, limited liability company, Read More
  75. Are there any other organizations where we could find more information?
    Substance Abuse and Mental Health Services Administration http://www.samhsa.gov/ Read More
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