103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5012 Introduced , by Rep. Lindsey LaPointe SYNOPSIS AS INTRODUCED: See Index Amends the Assisted Living and Shared Housing Act. Adds provisions concerning involuntary terminations of residency, hearings when residency is involuntarily terminated, and readmission of residents. Provides that an establishment shall notify a resident when the establishment's ability to meet the resident's needs may be affected. Provides that if an establishment initiates a termination of residency, then the resident shall be provided with written notice. Provides that the Department of Public Health shall (rather than may) offer assistance to an establishment and resident in preparation for a residency termination. Provides that an establishment that improperly terminates the residency of a resident shall be assessed a violation. Makes additions to provisions concerning resident rights. Makes other changes. Amends the Nursing Home Care Act. Makes changes to provisions concerning the involuntary transfer or discharge of a resident, hearings when a resident is involuntarily transferred or discharged, and the readmission of residents. Provides that a resident has a right not to be unlawfully transferred or discharged from a facility. Makes other changes. Amends the Assisted Living and Shared Housing Act and the Nursing Home Care Act. Provides that in certain circumstances the Department shall order immediate readmission of a resident. Provides that failure to readmit a resident after receiving an order to do so from the Department shall result in a specified daily fine. Provides that the Department shall adopt rules related to conflicts of interest for persons who conduct specified hearings. LRB103 36301 CES 66399 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5012 Introduced , by Rep. Lindsey LaPointe SYNOPSIS AS INTRODUCED: See Index See Index Amends the Assisted Living and Shared Housing Act. Adds provisions concerning involuntary terminations of residency, hearings when residency is involuntarily terminated, and readmission of residents. Provides that an establishment shall notify a resident when the establishment's ability to meet the resident's needs may be affected. Provides that if an establishment initiates a termination of residency, then the resident shall be provided with written notice. Provides that the Department of Public Health shall (rather than may) offer assistance to an establishment and resident in preparation for a residency termination. Provides that an establishment that improperly terminates the residency of a resident shall be assessed a violation. Makes additions to provisions concerning resident rights. Makes other changes. Amends the Nursing Home Care Act. Makes changes to provisions concerning the involuntary transfer or discharge of a resident, hearings when a resident is involuntarily transferred or discharged, and the readmission of residents. Provides that a resident has a right not to be unlawfully transferred or discharged from a facility. Makes other changes. Amends the Assisted Living and Shared Housing Act and the Nursing Home Care Act. Provides that in certain circumstances the Department shall order immediate readmission of a resident. Provides that failure to readmit a resident after receiving an order to do so from the Department shall result in a specified daily fine. Provides that the Department shall adopt rules related to conflicts of interest for persons who conduct specified hearings. LRB103 36301 CES 66399 b LRB103 36301 CES 66399 b A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5012 Introduced , by Rep. Lindsey LaPointe SYNOPSIS AS INTRODUCED:
See Index See Index
See Index
Amends the Assisted Living and Shared Housing Act. Adds provisions concerning involuntary terminations of residency, hearings when residency is involuntarily terminated, and readmission of residents. Provides that an establishment shall notify a resident when the establishment's ability to meet the resident's needs may be affected. Provides that if an establishment initiates a termination of residency, then the resident shall be provided with written notice. Provides that the Department of Public Health shall (rather than may) offer assistance to an establishment and resident in preparation for a residency termination. Provides that an establishment that improperly terminates the residency of a resident shall be assessed a violation. Makes additions to provisions concerning resident rights. Makes other changes. Amends the Nursing Home Care Act. Makes changes to provisions concerning the involuntary transfer or discharge of a resident, hearings when a resident is involuntarily transferred or discharged, and the readmission of residents. Provides that a resident has a right not to be unlawfully transferred or discharged from a facility. Makes other changes. Amends the Assisted Living and Shared Housing Act and the Nursing Home Care Act. Provides that in certain circumstances the Department shall order immediate readmission of a resident. Provides that failure to readmit a resident after receiving an order to do so from the Department shall result in a specified daily fine. Provides that the Department shall adopt rules related to conflicts of interest for persons who conduct specified hearings.
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A BILL FOR
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1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Assisted Living and Shared Housing Act is
5 amended by changing Sections 10, 15, 75, 80, 90, and 95 as
6 follows:
7 (210 ILCS 9/10)
8 Sec. 10. Definitions. For purposes of this Act:
9 "Activities of daily living" means eating, dressing,
10 bathing, toileting, transferring, or personal hygiene.
11 "Assisted living establishment" or "establishment" means a
12 home, building, residence, or any other place where sleeping
13 accommodations are provided for at least 3 unrelated adults,
14 at least 80% of whom are 55 years of age or older and where the
15 following are provided consistent with the purposes of this
16 Act:
17 (1) services consistent with a social model that is
18 based on the premise that the resident's unit in assisted
19 living and shared housing is his or her own home;
20 (2) community-based residential care for persons who
21 need assistance with activities of daily living, including
22 personal, supportive, and intermittent health-related
23 services available 24 hours per day, if needed, to meet
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5012 Introduced , by Rep. Lindsey LaPointe SYNOPSIS AS INTRODUCED:
See Index See Index
See Index
Amends the Assisted Living and Shared Housing Act. Adds provisions concerning involuntary terminations of residency, hearings when residency is involuntarily terminated, and readmission of residents. Provides that an establishment shall notify a resident when the establishment's ability to meet the resident's needs may be affected. Provides that if an establishment initiates a termination of residency, then the resident shall be provided with written notice. Provides that the Department of Public Health shall (rather than may) offer assistance to an establishment and resident in preparation for a residency termination. Provides that an establishment that improperly terminates the residency of a resident shall be assessed a violation. Makes additions to provisions concerning resident rights. Makes other changes. Amends the Nursing Home Care Act. Makes changes to provisions concerning the involuntary transfer or discharge of a resident, hearings when a resident is involuntarily transferred or discharged, and the readmission of residents. Provides that a resident has a right not to be unlawfully transferred or discharged from a facility. Makes other changes. Amends the Assisted Living and Shared Housing Act and the Nursing Home Care Act. Provides that in certain circumstances the Department shall order immediate readmission of a resident. Provides that failure to readmit a resident after receiving an order to do so from the Department shall result in a specified daily fine. Provides that the Department shall adopt rules related to conflicts of interest for persons who conduct specified hearings.
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A BILL FOR
See Index
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1 the scheduled and unscheduled needs of a resident;
2 (3) mandatory services, whether provided directly by
3 the establishment or by another entity arranged for by the
4 establishment, with the consent of the resident or
5 resident's representative; and
6 (4) a physical environment that is a homelike setting
7 that includes the following and such other elements as
8 established by the Department: individual living units
9 each of which shall accommodate small kitchen appliances
10 and contain private bathing, washing, and toilet
11 facilities, or private washing and toilet facilities with
12 a common bathing room readily accessible to each resident.
13 Units shall be maintained for single occupancy except in
14 cases in which 2 residents choose to share a unit.
15 Sufficient common space shall exist to permit individual
16 and group activities.
17 "Assisted living establishment" or "establishment" does
18 not mean any of the following:
19 (1) A home, institution, or similar place operated by
20 the federal government or the State of Illinois.
21 (2) A long term care facility licensed under the
22 Nursing Home Care Act, a facility licensed under the
23 Specialized Mental Health Rehabilitation Act of 2013, a
24 facility licensed under the ID/DD Community Care Act, or a
25 facility licensed under the MC/DD Act. However, a facility
26 licensed under any of those Acts may convert distinct
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1 parts of the facility to assisted living. If the facility
2 elects to do so, the facility shall retain the Certificate
3 of Need for its nursing and sheltered care beds that were
4 converted.
5 (3) A hospital, sanitarium, or other institution, the
6 principal activity or business of which is the diagnosis,
7 care, and treatment of human illness and that is required
8 to be licensed under the Hospital Licensing Act.
9 (4) A facility for child care as defined in the Child
10 Care Act of 1969.
11 (5) A community living facility as defined in the
12 Community Living Facilities Licensing Act.
13 (6) A nursing home or sanitarium operated solely by
14 and for persons who rely exclusively upon treatment by
15 spiritual means through prayer in accordance with the
16 creed or tenants of a well-recognized church or religious
17 denomination.
18 (7) A facility licensed by the Department of Human
19 Services as a community-integrated living arrangement as
20 defined in the Community-Integrated Living Arrangements
21 Licensure and Certification Act.
22 (8) A supportive residence licensed under the
23 Supportive Residences Licensing Act.
24 (9) The portion of a life care facility as defined in
25 the Life Care Facilities Act not licensed as an assisted
26 living establishment under this Act; a life care facility
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1 may apply under this Act to convert sections of the
2 community to assisted living.
3 (10) A free-standing hospice facility licensed under
4 the Hospice Program Licensing Act.
5 (11) A shared housing establishment.
6 (12) A supportive living facility as described in
7 Section 5-5.01a of the Illinois Public Aid Code.
8 "Department" means the Department of Public Health.
9 "Director" means the Director of Public Health.
10 "Emergency situation" means imminent danger of death or
11 serious physical harm to a resident of an establishment.
12 "Involuntary termination of residency" means the full
13 release of any resident from a facility, without the informed
14 consent of the resident, freely given and not coerced.
15 "Involuntary termination of residency" includes an assisted
16 living or shared housing establishment's failure to readmit a
17 resident following hospitalization, other medical leave, or
18 other absence from the establishment.
19 "License" means any of the following types of licenses
20 issued to an applicant or licensee by the Department:
21 (1) "Probationary license" means a license issued to
22 an applicant or licensee that has not held a license under
23 this Act prior to its application or pursuant to a license
24 transfer in accordance with Section 50 of this Act.
25 (2) "Regular license" means a license issued by the
26 Department to an applicant or licensee that is in
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1 substantial compliance with this Act and any rules
2 promulgated under this Act.
3 "Licensee" means a person, agency, association,
4 corporation, partnership, or organization that has been issued
5 a license to operate an assisted living or shared housing
6 establishment.
7 "Licensed health care professional" means a registered
8 professional nurse, an advanced practice registered nurse, a
9 physician assistant, and a licensed practical nurse.
10 "Mandatory services" include the following:
11 (1) 3 meals per day available to the residents
12 prepared by the establishment or an outside contractor;
13 (2) housekeeping services including, but not limited
14 to, vacuuming, dusting, and cleaning the resident's unit;
15 (3) personal laundry and linen services available to
16 the residents provided or arranged for by the
17 establishment;
18 (4) security provided 24 hours each day including, but
19 not limited to, locked entrances or building or contract
20 security personnel;
21 (5) an emergency communication response system, which
22 is a procedure in place 24 hours each day by which a
23 resident can notify building management, an emergency
24 response vendor, or others able to respond to his or her
25 need for assistance; and
26 (6) assistance with activities of daily living as
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1 required by each resident.
2 "Negotiated risk" is the process by which a resident, or
3 his or her representative, may formally negotiate with
4 providers what risks each are willing and unwilling to assume
5 in service provision and the resident's living environment.
6 The provider assures that the resident and the resident's
7 representative, if any, are informed of the risks of these
8 decisions and of the potential consequences of assuming these
9 risks.
10 "Owner" means the individual, partnership, corporation,
11 association, or other person who owns an assisted living or
12 shared housing establishment. In the event an assisted living
13 or shared housing establishment is operated by a person who
14 leases or manages the physical plant, which is owned by
15 another person, "owner" means the person who operates the
16 assisted living or shared housing establishment, except that
17 if the person who owns the physical plant is an affiliate of
18 the person who operates the assisted living or shared housing
19 establishment and has significant control over the day to day
20 operations of the assisted living or shared housing
21 establishment, the person who owns the physical plant shall
22 incur jointly and severally with the owner all liabilities
23 imposed on an owner under this Act.
24 "Physician" means a person licensed under the Medical
25 Practice Act of 1987 to practice medicine in all of its
26 branches.
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1 "Resident" means a person residing in an assisted living
2 or shared housing establishment.
3 "Resident's representative" means a person, other than the
4 owner, agent, or employee of an establishment or of the health
5 care provider unless related to the resident, designated in
6 writing by a resident or a court to be his or her
7 representative. This designation may be accomplished through
8 the Illinois Power of Attorney Act, pursuant to the
9 guardianship process under the Probate Act of 1975, or
10 pursuant to an executed designation of representative form
11 specified by the Department.
12 "Self" means the individual or the individual's designated
13 representative.
14 "Shared housing establishment" or "establishment" means a
15 publicly or privately operated free-standing residence for 16
16 or fewer persons, at least 80% of whom are 55 years of age or
17 older and who are unrelated to the owners and one manager of
18 the residence, where the following are provided:
19 (1) services consistent with a social model that is
20 based on the premise that the resident's unit is his or her
21 own home;
22 (2) community-based residential care for persons who
23 need assistance with activities of daily living, including
24 housing and personal, supportive, and intermittent
25 health-related services available 24 hours per day, if
26 needed, to meet the scheduled and unscheduled needs of a
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1 resident; and
2 (3) mandatory services, whether provided directly by
3 the establishment or by another entity arranged for by the
4 establishment, with the consent of the resident or the
5 resident's representative.
6 "Shared housing establishment" or "establishment" does not
7 mean any of the following:
8 (1) A home, institution, or similar place operated by
9 the federal government or the State of Illinois.
10 (2) A long term care facility licensed under the
11 Nursing Home Care Act, a facility licensed under the
12 Specialized Mental Health Rehabilitation Act of 2013, a
13 facility licensed under the ID/DD Community Care Act, or a
14 facility licensed under the MC/DD Act. A facility licensed
15 under any of those Acts may, however, convert sections of
16 the facility to assisted living. If the facility elects to
17 do so, the facility shall retain the Certificate of Need
18 for its nursing beds that were converted.
19 (3) A hospital, sanitarium, or other institution, the
20 principal activity or business of which is the diagnosis,
21 care, and treatment of human illness and that is required
22 to be licensed under the Hospital Licensing Act.
23 (4) A facility for child care as defined in the Child
24 Care Act of 1969.
25 (5) A community living facility as defined in the
26 Community Living Facilities Licensing Act.
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1 (6) A nursing home or sanitarium operated solely by
2 and for persons who rely exclusively upon treatment by
3 spiritual means through prayer in accordance with the
4 creed or tenants of a well-recognized church or religious
5 denomination.
6 (7) A facility licensed by the Department of Human
7 Services as a community-integrated living arrangement as
8 defined in the Community-Integrated Living Arrangements
9 Licensure and Certification Act.
10 (8) A supportive residence licensed under the
11 Supportive Residences Licensing Act.
12 (9) A life care facility as defined in the Life Care
13 Facilities Act; a life care facility may apply under this
14 Act to convert sections of the community to assisted
15 living.
16 (10) A free-standing hospice facility licensed under
17 the Hospice Program Licensing Act.
18 (11) An assisted living establishment.
19 (12) A supportive living facility as described in
20 Section 5-5.01a of the Illinois Public Aid Code.
21 "Total assistance" means that staff or another individual
22 performs the entire activity of daily living without
23 participation by the resident.
24 (Source: P.A. 99-180, eff. 7-29-15; 100-513, eff. 1-1-18.)
25 (210 ILCS 9/15)
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1 Sec. 15. Assessment and service plan requirements. Prior
2 to admission to any establishment covered by this Act, a
3 comprehensive assessment that includes an evaluation of the
4 prospective resident's physical, cognitive, and psychosocial
5 condition shall be completed. At least annually, a
6 comprehensive assessment shall be completed, and upon
7 identification of a significant change in the resident's
8 condition, including, but not limited to, a diagnosis of
9 Alzheimer's disease or a related dementia, the resident shall
10 be reassessed. The Department may by rule specify
11 circumstances under which more frequent assessments of skin
12 integrity and nutritional status shall be required. The
13 comprehensive assessment shall be completed by a physician.
14 Based on the assessment, the resident's interests and
15 preferences, dislikes, and any known triggers for behavior
16 that endangers the resident or others, a written service plan
17 shall be developed and mutually agreed upon by the provider,
18 and the resident, and the resident's representative, if any.
19 The service plan, which shall be reviewed annually, or more
20 often as the resident's condition, preferences, or service
21 needs change, shall serve as a basis for the service delivery
22 contract between the provider and the resident. The resident
23 and the resident's representative, if any, shall be given a
24 copy of the most recent assessment; a supplemental assessment,
25 if any, done by the establishment; and a service plan. Based on
26 the assessment, the service plan may provide for the
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1 disconnection or removal of any appliance.
2 (Source: P.A. 91-656, eff. 1-1-01.)
3 (210 ILCS 9/75)
4 Sec. 75. Residency requirements.
5 (a) No individual shall be accepted for residency or
6 remain in residence if the establishment cannot provide or
7 secure appropriate services, if the individual requires a
8 level of service or type of service for which the
9 establishment is not licensed or which the establishment does
10 not provide, or if the establishment does not have the staff
11 appropriate in numbers and with appropriate skill to provide
12 such services.
13 (b) Only adults may be accepted for residency.
14 (c) A person shall not be accepted for residency if:
15 (1) the person poses a serious threat to himself or
16 herself or to others;
17 (2) the person is not able to communicate his or her
18 needs and no resident representative residing in the
19 establishment, and with a prior relationship to the
20 person, has been appointed to direct the provision of
21 services;
22 (3) the person requires total assistance with 2 or
23 more activities of daily living;
24 (4) the person requires the assistance of more than
25 one paid caregiver at any given time with an activity of
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1 daily living;
2 (5) the person requires more than minimal assistance
3 in moving to a safe area in an emergency;
4 (6) the person has a severe mental illness, which for
5 the purposes of this Section means a condition that is
6 characterized by the presence of a major mental disorder
7 as classified in the Diagnostic and Statistical Manual of
8 Mental Disorders, Fourth Edition (DSM-IV) (American
9 Psychiatric Association, 1994), where the individual is a
10 person with a substantial disability due to mental illness
11 in the areas of self-maintenance, social functioning,
12 activities of community living and work skills, and the
13 disability specified is expected to be present for a
14 period of not less than one year, but does not mean
15 Alzheimer's disease and other forms of dementia based on
16 organic or physical disorders;
17 (7) the person requires intravenous therapy or
18 intravenous feedings unless self-administered or
19 administered by a qualified, licensed health care
20 professional;
21 (8) the person requires gastrostomy feedings unless
22 self-administered or administered by a licensed health
23 care professional;
24 (9) the person requires insertion, sterile irrigation,
25 and replacement of catheter, except for routine
26 maintenance of urinary catheters, unless the catheter care
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1 is self-administered or administered by a licensed health
2 care professional;
3 (10) the person requires sterile wound care unless
4 care is self-administered or administered by a licensed
5 health care professional;
6 (11) (blank);
7 (12) the person is a diabetic requiring routine
8 insulin injections unless the injections are
9 self-administered or administered by a licensed health
10 care professional;
11 (13) the person requires treatment of stage 3 or stage
12 4 decubitus ulcers or exfoliative dermatitis;
13 (14) the person requires 5 or more skilled nursing
14 visits per week for conditions other than those listed in
15 items (13) and (15) of this subsection for a period of 3
16 consecutive weeks or more except when the course of
17 treatment is expected to extend beyond a 3 week period for
18 rehabilitative purposes and is certified as temporary by a
19 physician; or
20 (15) other reasons prescribed by the Department by
21 rule.
22 (d) A resident with a condition listed in items (1)
23 through (15) of subsection (c) shall have his or her residency
24 terminated.
25 (e) Residency shall be terminated when services available
26 to the resident in the establishment are no longer adequate to
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1 meet the needs of the resident. The establishment shall notify
2 the resident and the resident's representative, if any, when
3 there is a significant change in the resident's condition that
4 affects the establishment's ability to meet the resident's
5 needs. The requirements of subsection (c) of Section 80 shall
6 then apply. This provision shall not be interpreted as
7 limiting the authority of the Department to require the
8 residency termination of individuals.
9 (f) Subsection (d) of this Section shall not apply to
10 terminally ill residents who receive or would qualify for
11 hospice care and such care is coordinated by a hospice program
12 licensed under the Hospice Program Licensing Act or other
13 licensed health care professional employed by a licensed home
14 health agency and the establishment and all parties agree to
15 the continued residency.
16 (g) Items (3), (4), (5), and (9) of subsection (c) shall
17 not apply to a quadriplegic, paraplegic, or individual with
18 neuro-muscular diseases, such as muscular dystrophy and
19 multiple sclerosis, or other chronic diseases and conditions
20 as defined by rule if the individual is able to communicate his
21 or her needs and does not require assistance with complex
22 medical problems, and the establishment is able to accommodate
23 the individual's needs. The Department shall prescribe rules
24 pursuant to this Section that address special safety and
25 service needs of these individuals.
26 (h) For the purposes of items (7) through (10) of
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1 subsection (c), a licensed health care professional may not be
2 employed by the owner or operator of the establishment, its
3 parent entity, or any other entity with ownership common to
4 either the owner or operator of the establishment or parent
5 entity, including but not limited to an affiliate of the owner
6 or operator of the establishment. Nothing in this Section is
7 meant to limit a resident's right to choose his or her health
8 care provider.
9 (i) Subsection (h) is not applicable to residents admitted
10 to an assisted living establishment under a life care contract
11 as defined in the Life Care Facilities Act if the life care
12 facility has both an assisted living establishment and a
13 skilled nursing facility. A licensed health care professional
14 providing health-related or supportive services at a life care
15 assisted living or shared housing establishment must be
16 employed by an entity licensed by the Department under the
17 Nursing Home Care Act or the Home Health, Home Services, and
18 Home Nursing Agency Licensing Act.
19 (Source: P.A. 103-444, eff. 1-1-24.)
20 (210 ILCS 9/80)
21 Sec. 80. Involuntary termination of residency.
22 (a) Residency shall be involuntarily terminated only for
23 the following reasons:
24 (1) as provided in Section 75 of this Act;
25 (2) nonpayment of contracted charges after the
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1 resident and the resident's representative have received a
2 minimum of 30 days' 30-days written notice of the
3 delinquency and the resident or the resident's
4 representative has had at least 15 days to cure the
5 delinquency; or
6 (3) failure to execute a service delivery contract or
7 to substantially comply with its terms and conditions,
8 failure to comply with the assessment requirements
9 contained in Section 15, or failure to substantially
10 comply with the terms and conditions of the lease
11 agreement.
12 (b) A 30-day 30 day written notice of residency
13 termination shall be provided to the resident, the resident's
14 representative, or both, the Department, and the long term
15 care ombudsman, which shall include the reason for the pending
16 action, the date of the proposed move, and a notice, the
17 content and form to be set forth by rule, of the resident's
18 right to appeal, the steps that the resident or the resident's
19 representative must take to initiate an appeal, and a
20 statement of the resident's right to continue to reside in the
21 establishment until a decision is rendered. The notice shall
22 include a toll free telephone number to initiate an appeal and
23 a written hearing request form, together with a postage paid,
24 pre-addressed envelope to the Department. If the resident or
25 the resident's representative, if any, cannot read English,
26 the notice must be provided in a language the individual
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1 receiving the notice can read or the establishment must
2 provide a translator who has been trained to assist the
3 resident or the resident's representative in the appeal
4 process. In emergency situations as defined in Section 10 of
5 this Act, the 30-day provision of the written notice may be
6 waived.
7 (c) The establishment shall attempt to resolve with the
8 resident or the resident's representative, if any,
9 circumstances that if not remedied have the potential of
10 resulting in an involuntary termination of residency and shall
11 document those efforts in the resident's file. This action may
12 occur prior to or during the 30 day notice period, but must
13 occur prior to the termination of the residency. In emergency
14 situations as defined in Section 10 of this Act, the
15 requirements of this subsection may be waived.
16 (d) A request for a hearing shall stay an involuntary
17 termination of residency until a decision has been rendered by
18 the Department, according to a process adopted by rule. During
19 this time period, the establishment may not terminate or
20 reduce any service without the consent of the resident or the
21 resident's representative, if any, for the purpose of making
22 it more difficult or impossible for the resident to remain in
23 the establishment.
24 (e) The establishment shall offer the resident and the
25 resident's representative, if any, resident and the resident's
26 representative, if any, residency termination and relocation
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1 assistance including information on available alternative
2 placement. Residents shall be involved in planning the move
3 and shall choose among the available alternative placements
4 except when an emergency situation makes prior resident
5 involvement impossible. Emergency placements are deemed
6 temporary until the resident's input can be sought in the
7 final placement decision. No resident shall be forced to
8 remain in a temporary or permanent placement.
9 (f) The Department may offer assistance to the
10 establishment and the resident in the preparation of residency
11 termination and relocation plans to assure safe and orderly
12 transition and to protect the resident's health, safety,
13 welfare, and rights. In nonemergencies, and where possible in
14 emergencies, the transition plan shall be designed and
15 implemented in advance of transfer or residency termination.
16 (g) An establishment may not initiate a termination of
17 residency due to an emergency situation if the establishment
18 is able to safely care for the resident and (1) a resident has
19 been hospitalized and the resident's physician states that
20 returning to the establishment would not create an imminent
21 danger of death or serious physical harm to a resident; or (2)
22 the emergency can be negated by changes in staffing,
23 activities, health care, personal care, or rooming
24 accommodations, consistent with the license of the
25 establishment. The Department may not find an establishment to
26 be in violation of Section 75 of this Act for failing to
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1 initiate an emergency discharge in these circumstances.
2 (h) If the Department determines that an involuntary
3 termination of residency does not meet the requirements of
4 this Act, the Department shall issue a written decision
5 stating that the involuntary termination of residency is
6 denied. If the action of the establishment giving rise to the
7 request for hearings is the establishment's failure to readmit
8 the resident following hospitalization, other medical leave of
9 absence, or other absence, the Department shall order the
10 immediate readmission of the resident to the establishment.
11 (i) If an order to readmit is entered pursuant to
12 subsection (h), the establishment shall immediately comply. As
13 used in this subsection, "comply" means the establishment and
14 the resident have agreed on a schedule for readmission or the
15 resident is living in the establishment. If the resident,
16 resident's representative, a long-term care ombudsman, or any
17 other individual notifies the Department that the
18 establishment is not complying with an agreed-upon schedule,
19 or that the establishment is not complying with the
20 representation described in subsection (k), a surveyor shall
21 make an on-site inspection to determine compliance.
22 (j) An establishment that does not readmit a resident
23 after the Department has ordered readmission shall be assessed
24 a fine in accordance with a Type 1 violation. Additionally, a
25 daily fine of $1,250 beginning on the third day after the
26 readmission order was issued by the Department shall be
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1 assessed. This fine shall be imposed for every day thereafter,
2 until the establishment notifies the Department that it is in
3 compliance with the order and a surveyor makes an on-site
4 inspection to determine if there is compliance or the resident
5 confirms to the Department that there is compliance, as
6 defined in subsection (i) of this Section. The establishment
7 shall be required to submit an acceptable plan of correction
8 to the Department within 30 days after the violation is
9 affirmed.
10 (k) Once a notice of appeal is filed, the Department shall
11 hold a hearing unless the notice of appeal is withdrawn. If the
12 notice of appeal is withdrawn based upon a representation made
13 by the establishment to the resident and the Department,
14 including the hearing officer, that a resident who has been
15 previously denied readmission will be readmitted, failure to
16 comply with the representation shall be considered a failure
17 to comply with a Department order pursuant to subsection (h)
18 and shall result in the imposition of a fine as provided in
19 subsection (j) of this Section.
20 (l) A long term care ombudsman may request a hearing on
21 behalf of a resident and secure representation of a resident
22 if, in the judgment of the long term care ombudsman, doing so
23 is in the best interests of the resident and the resident does
24 not object.
25 (Source: P.A. 91-656, eff. 1-1-01.)
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1 (210 ILCS 9/90)
2 Sec. 90. Contents of service delivery contract. A contract
3 between an establishment and a resident must be entitled
4 "assisted living establishment contract" or "shared housing
5 establishment contract" as applicable, shall be printed in no
6 less than 12 point type, and shall include at least the
7 following elements in the body or through supporting documents
8 or attachments:
9 (1) the name, street address, and mailing address of
10 the establishment;
11 (2) the name and mailing address of the owner or
12 owners of the establishment and, if the owner or owners
13 are not natural persons, the type of business entity of
14 the owner or owners;
15 (3) the name and mailing address of the managing agent
16 of the establishment, whether hired under a management
17 agreement or lease agreement, if the managing agent is
18 different from the owner or owners;
19 (4) the name and address of at least one natural
20 person who is authorized to accept service on behalf of
21 the owners and managing agent;
22 (5) a statement describing the license status of the
23 establishment and the license status of all providers of
24 health-related or supportive services to a resident under
25 arrangement with the establishment;
26 (6) the duration of the contract;
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1 (7) the base rate to be paid by the resident and a
2 description of the services to be provided as part of this
3 rate;
4 (8) a description of any additional services to be
5 provided for an additional fee by the establishment
6 directly or by a third party provider under arrangement
7 with the establishment;
8 (9) the fee schedules outlining the cost of any
9 additional services;
10 (10) a description of the process through which the
11 contract may be modified, amended, or terminated;
12 (11) a description of the establishment's complaint
13 resolution process available to residents and notice of
14 the availability of the Department on Aging's Senior
15 Helpline for complaints;
16 (12) the name of the resident's designated
17 representative, if any;
18 (13) the resident's obligations in order to maintain
19 residency and receive services including compliance with
20 all assessments required under Section 15;
21 (14) the billing and payment procedures and
22 requirements;
23 (15) a statement affirming the resident's freedom to
24 receive services from service providers with whom the
25 establishment does not have a contractual arrangement,
26 which may also disclaim liability on the part of the
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1 establishment for those services;
2 (16) a statement that medical assistance under Article
3 V or Article VI of the Illinois Public Aid Code is not
4 available for payment for services provided in an
5 establishment, excluding contracts executed with residents
6 residing in licensed establishments participating in the
7 Department on Aging's Comprehensive Care in Residential
8 Settings Demonstration Project;
9 (17) a statement detailing the admission, risk
10 management, and residency termination criteria and
11 procedures;
12 (18) a written explanation, prepared by the Office of
13 State Long Term Care Ombudsman, statement listing the
14 rights specified in Sections 80 and Section 95, including
15 an acknowledgment by the establishment and acknowledging
16 that, by contracting with the assisted living or shared
17 housing establishment, the resident does not forfeit those
18 rights;
19 (19) a statement detailing the Department's annual
20 on-site review process including what documents contained
21 in a resident's personal file shall be reviewed by the
22 on-site reviewer as defined by rule; and
23 (20) a statement outlining whether the establishment
24 charges a community fee and, if so, the amount of the fee
25 and whether it is refundable; if the fee is refundable,
26 the contract must describe the conditions under which it
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1 is refundable and how the amount of the refund is
2 determined.
3 (Source: P.A. 93-775, eff. 1-1-05; 94-256, eff. 7-19-05.)
4 (210 ILCS 9/95)
5 Sec. 95. Resident rights. No resident shall be deprived of
6 any rights, benefits, or privileges guaranteed by law, the
7 Constitution of the State of Illinois, or the Constitution of
8 the United States solely on account of his or her status as a
9 resident of an establishment, nor shall a resident forfeit any
10 of the following rights:
11 (1) the right to retain and use personal property and
12 a place to store personal items that is locked and secure;
13 (2) the right to refuse services and to be advised of
14 the consequences of that refusal;
15 (3) the right to respect for bodily privacy and
16 dignity at all times, especially during care and
17 treatment;
18 (4) the right to the free exercise of religion;
19 (5) the right to privacy with regard to mail, phone
20 calls, and visitors;
21 (6) the right to uncensored access to the State
22 Ombudsman or his or her designee;
23 (7) the right to be free of retaliation for
24 criticizing the establishment or making complaints to
25 appropriate agencies;
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1 (8) the right to be free of chemical and physical
2 restraints;
3 (9) the right to be free of abuse or neglect or to
4 refuse to perform labor;
5 (10) the right to confidentiality of the resident's
6 medical records;
7 (11) the right of access and the right to copy the
8 resident's personal files maintained by the establishment;
9 (12) the right to 24 hours access to the
10 establishment;
11 (13) the right to a minimum of 90 days' 90-days notice
12 of a planned establishment closure;
13 (14) the right to a minimum of 30 days' 30-days notice
14 of an involuntary residency termination, except where the
15 resident poses a threat to himself or others, or in other
16 emergency situations, and the right to appeal such
17 termination; if an establishment withdraws a notice of
18 involuntary termination of residency, then the resident
19 has the right to maintain residency at the establishment;
20 and
21 (15) the right to a 30-day notice of delinquency and
22 at least 15 days right to cure delinquency; .
23 (16) the right to not be unlawfully transferred or
24 discharged;
25 (17) the right to retain residency during any hospital
26 stay totaling 10 days or less following a hospital
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1 admission; and
2 (18) the right not to be charged for any period during
3 which the resident was unlawfully denied residency.
4 (Source: P.A. 91-656, eff. 1-1-01.)
5 Section 10. The Nursing Home Care Act is amended by
6 changing Sections 1-111, 1-114.005, 1-128, 2-104, 2-111,
7 3-401, 3-401.1, 3-402, 3-404, 3-405, 3-410, 3-411, and 3-413
8 and by adding Sections 3-305.6 and 3-413.1 as follows:
9 (210 ILCS 45/1-111) (from Ch. 111 1/2, par. 4151-111)
10 Sec. 1-111. "Discharge" means the full release of any
11 resident from a facility. "Discharge" includes a nursing
12 facility's failure to readmit following hospitalization, other
13 medical leave, or other absence.
14 (Source: P.A. 81-223.)
15 (210 ILCS 45/1-114.005)
16 Sec. 1-114.005. High risk designation. "High risk
17 designation" means a violation of a provision of the Illinois
18 Administrative Code or statute that has been identified by the
19 Department through rulemaking or designated in statute to be
20 inherently necessary to protect the health, safety, and
21 welfare of a resident. "High risk designation" includes an
22 unlawful discharge of a resident.
23 (Source: P.A. 96-1372, eff. 7-29-10.)
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1 (210 ILCS 45/1-128) (from Ch. 111 1/2, par. 4151-128)
2 Sec. 1-128. "Transfer" means a change in status of a
3 resident's living arrangements from one facility to another
4 facility. "Transfer" includes a nursing facility's failure to
5 readmit a resident following hospitalization, other medical
6 leave, or other absence, resulting in the resident being moved
7 to another institutional setting.
8 (Source: P.A. 81-223.)
9 (210 ILCS 45/2-104) (from Ch. 111 1/2, par. 4152-104)
10 Sec. 2-104. (a) A resident shall be permitted to retain
11 the services of his own personal physician at his own expense
12 or under an individual or group plan of health insurance, or
13 under any public or private assistance program providing such
14 coverage. However, the facility is not liable for the
15 negligence of any such personal physician. Every resident
16 shall be permitted to obtain from his own physician or the
17 physician attached to the facility complete and current
18 information concerning his medical diagnosis, treatment and
19 prognosis in terms and language the resident can reasonably be
20 expected to understand. Every resident shall be permitted to
21 participate in the planning of his total care and medical
22 treatment to the extent that his condition permits. No
23 resident shall be subjected to experimental research or
24 treatment without first obtaining his informed, written
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1 consent. The conduct of any experimental research or treatment
2 shall be authorized and monitored by an institutional review
3 board appointed by the Director. The membership, operating
4 procedures and review criteria for the institutional review
5 board shall be prescribed under rules and regulations of the
6 Department and shall comply with the requirements for
7 institutional review boards established by the federal Food
8 and Drug Administration. No person who has received
9 compensation in the prior 3 years from an entity that
10 manufactures, distributes, or sells pharmaceuticals,
11 biologics, or medical devices may serve on the institutional
12 review board.
13 The institutional review board may approve only research
14 or treatment that meets the standards of the federal Food and
15 Drug Administration with respect to (i) the protection of
16 human subjects and (ii) financial disclosure by clinical
17 investigators. The Office of State Long Term Care Ombudsman
18 and the State Protection and Advocacy organization shall be
19 given an opportunity to comment on any request for approval
20 before the board makes a decision. Those entities shall not be
21 provided information that would allow a potential human
22 subject to be individually identified, unless the board asks
23 the Ombudsman for help in securing information from or about
24 the resident. The board shall require frequent reporting of
25 the progress of the approved research or treatment and its
26 impact on residents, including immediate reporting of any
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1 adverse impact to the resident, the resident's representative,
2 the Office of the State Long Term Care Ombudsman, and the State
3 Protection and Advocacy organization. The board may not
4 approve any retrospective study of the records of any resident
5 about the safety or efficacy of any care or treatment if the
6 resident was under the care of the proposed researcher or a
7 business associate when the care or treatment was given,
8 unless the study is under the control of a researcher without
9 any business relationship to any person or entity who could
10 benefit from the findings of the study.
11 No facility shall permit experimental research or
12 treatment to be conducted on a resident, or give access to any
13 person or person's records for a retrospective study about the
14 safety or efficacy of any care or treatment, without the prior
15 written approval of the institutional review board. No nursing
16 home administrator, or person licensed by the State to provide
17 medical care or treatment to any person, may assist or
18 participate in any experimental research on or treatment of a
19 resident, including a retrospective study, that does not have
20 the prior written approval of the board. Such conduct shall be
21 grounds for professional discipline by the Department of
22 Financial and Professional Regulation.
23 The institutional review board may exempt from ongoing
24 review research or treatment initiated on a resident before
25 the individual's admission to a facility and for which the
26 board determines there is adequate ongoing oversight by
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1 another institutional review board. Nothing in this Section
2 shall prevent a facility, any facility employee, or any other
3 person from assisting or participating in any experimental
4 research on or treatment of a resident, if the research or
5 treatment began before the person's admission to a facility,
6 until the board has reviewed the research or treatment and
7 decided to grant or deny approval or to exempt the research or
8 treatment from ongoing review.
9 The institutional review board requirements of this
10 subsection (a) do not apply to investigational drugs,
11 biological products, or devices used by a resident with a
12 terminal illness as set forth in the Right to Try Act.
13 (b) All medical treatment and procedures shall be
14 administered as ordered by a physician. All new physician
15 orders shall be reviewed by the facility's director of nursing
16 or charge nurse designee within 24 hours after such orders
17 have been issued to assure facility compliance with such
18 orders.
19 All physician's orders and plans of treatment shall have
20 the authentication of the physician. For the purposes of this
21 subsection (b), "authentication" means an original written
22 signature or an electronic signature system that allows for
23 the verification of a signer's credentials. A stamp signature,
24 with or without initials, is not sufficient.
25 According to rules adopted by the Department, every woman
26 resident of child-bearing age shall receive routine
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1 obstetrical and gynecological evaluations as well as necessary
2 prenatal care.
3 (c) Every resident shall be permitted to refuse medical
4 treatment and to know the consequences of such action, unless
5 such refusal would be harmful to the health and safety of
6 others and such harm is documented by a physician in the
7 resident's clinical record. The resident's refusal shall free
8 the facility from the obligation to provide the treatment. If
9 a resident's refusal of treatment does not endanger other
10 residents or staff, then the refusal of treatment is not
11 grounds for discharge.
12 (d) Every resident, resident's guardian, or parent if the
13 resident is a minor shall be permitted to inspect and copy all
14 his clinical and other records concerning his care and
15 maintenance kept by the facility or by his physician. The
16 facility may charge a reasonable fee for duplication of a
17 record.
18 (Source: P.A. 99-270, eff. 1-1-16.)
19 (210 ILCS 45/2-111) (from Ch. 111 1/2, par. 4152-111)
20 Sec. 2-111. A resident shall not be transferred or
21 discharged in violation of this Act. A resident may not be
22 charged for any period during which the resident was
23 unlawfully denied the right to reside in a facility. A
24 resident may be discharged from a facility after he gives the
25 administrator, a physician, or a nurse of the facility written
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1 notice of his desire to be discharged. If a guardian has been
2 appointed for a resident or if the resident is a minor, the
3 resident shall be discharged upon written consent of his
4 guardian or if the resident is a minor, his parent unless there
5 is a court order to the contrary. In such cases, upon the
6 resident's discharge, the facility is relieved from any
7 responsibility for the resident's care, safety or well-being.
8 A resident has the right to not be unlawfully transferred or
9 discharged. An unlawful transfer or discharge is, at minimum,
10 a Type A violation.
11 (Source: P.A. 81-223.)
12 (210 ILCS 45/3-305.6 new)
13 Sec. 3-305.6. Failure to readmit a resident. A facility
14 that fails to comply with an order of the Department to readmit
15 a resident who wishes to return to the facility and is
16 appropriate for that level of care, shall be assessed a fine in
17 accordance with a Type A violation. Additionally, a daily fine
18 of $1,250 beginning on the third day after the readmission
19 order was issued by the Department shall be assessed. This
20 fine shall be imposed for every day thereafter, until the
21 facility notifies the Department that it is in compliance with
22 the order and a surveyor conducts an on-site inspection that
23 confirms compliance or the resident or resident's
24 representative confirms to the Department in writing that
25 there is compliance.
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1 As used in this Section, "compliance with the order" means
2 a resident is living in a facility, or a facility and a
3 resident have agreed on a schedule for readmission. If a
4 resident subsequently notifies the Department that a facility
5 is not complying with an agreed-upon schedule, a surveyor
6 shall make an on-site inspection to determine compliance.
7 (210 ILCS 45/3-401) (from Ch. 111 1/2, par. 4153-401)
8 Sec. 3-401. A facility may involuntarily transfer or
9 discharge a resident only for one or more of the following
10 reasons:
11 (a) the facility is unable to meet the medical needs
12 of the resident, as documented in the resident's clinical
13 record by the resident's physician for medical reasons for
14 medical reasons;
15 (b) for the resident's physical safety;
16 (c) for the physical safety of other residents, the
17 facility staff or facility visitors; or
18 (d) for either late payment or nonpayment for the
19 resident's stay, except as prohibited by Titles XVIII and
20 XIX of the federal Social Security Act. For purposes of
21 this Section, "late payment" means non-receipt of payment
22 after submission of a bill. If payment is not received
23 within 45 days after submission of a bill, a facility may
24 send a notice to the resident and responsible party
25 requesting payment within 30 days. If payment is not
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1 received within such 30 days, the facility may thereupon
2 institute transfer or discharge proceedings by sending a
3 notice of transfer or discharge to the resident and
4 responsible party by registered or certified mail. The
5 notice shall state, in addition to the requirements of
6 Section 3-403 of this Act, that the responsible party has
7 the right to pay the amount of the bill in full up to the
8 date the transfer or discharge is to be made and then the
9 resident shall have the right to remain in the facility.
10 Such payment shall terminate the transfer or discharge
11 proceedings. This subsection does not apply to those
12 residents whose care is provided for under the Illinois
13 Public Aid Code. The Department shall adopt rules setting
14 forth the criteria and procedures to be applied in cases
15 of involuntary transfer or discharge permitted under this
16 Section.
17 In nonemergency situations, prior to issuing the notice of
18 transfer or discharge of a resident under subsection (a), (b),
19 or (c) of this Section, an attending physician shall conduct
20 an in-person assessment and provide an explanation that in the
21 physician's medical opinion, the safety threshold under the
22 Act and the federal regulations has or has not been breached
23 with the findings documented in the resident's clinical
24 record. When the resident has the resident's own physician,
25 that physician and not a physician working for the facility
26 should be the physician that conducts the in-person assessment
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1 of the resident. In the absence of other bases for transfer or
2 discharge in this Section, unless it has complied with the
3 prior notice and other procedural requirements of this Act, a
4 facility may not refuse
to readmit a resident following a
5 medical leave of absence if the resident's need for care does
6 not exceed the provisions of the facility's license.
7 (Source: P.A. 91-357, eff. 7-29-99.)
8 (210 ILCS 45/3-401.1) (from Ch. 111 1/2, par. 4153-401.1)
9 Sec. 3-401.1. (a) A facility participating in the Medical
10 Assistance Program is prohibited from failing or refusing to
11 retain as a resident any person because he or she is a
12 recipient of or an applicant for the Medical Assistance
13 Program. A resident who is in the process of appealing the
14 denial of his or her application for the Medical Assistance
15 Program is considered to be a Medicaid applicant under this
16 Section.
17 (a-5) After the effective date of this amendatory Act of
18 1997, a facility of which only a distinct part is certified to
19 participate in the Medical Assistance Program may refuse to
20 retain as a resident any person who resides in a part of the
21 facility that does not participate in the Medical Assistance
22 Program and who is unable to pay for his or her care in the
23 facility without Medical Assistance only if:
24 (1) the facility, no later than at the time of
25 admission and at the time of the resident's contract
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1 renewal, explains to the resident (unless he or she is
2 incompetent), and to the resident's representative, and to
3 the person making payment on behalf of the resident for
4 the resident's stay, in writing, that the facility may
5 discharge the resident if the resident is no longer able
6 to pay for his or her care in the facility without Medical
7 Assistance;
8 (2) the resident (unless he or she is incompetent),
9 the resident's representative, and the person making
10 payment on behalf of the resident for the resident's stay,
11 acknowledge in writing that they have received the written
12 explanation.
13 (a-10) For the purposes of this Section, a recipient or
14 applicant shall be considered a resident in the facility
15 during any hospital stay totaling 10 days or less following a
16 hospital admission. The Department of Healthcare and Family
17 Services shall recoup funds from a facility when, as a result
18 of the facility's refusal to readmit a recipient after
19 hospitalization for 10 days or less, the recipient incurs
20 hospital bills in an amount greater than the amount that would
21 have been paid by that Department (formerly the Illinois
22 Department of Public Aid) for care of the recipient in the
23 facility. The amount of the recoupment shall be the difference
24 between the Department of Healthcare and Family Services'
25 (formerly the Illinois Department of Public Aid's) payment for
26 hospital care and the amount that Department would have paid
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1 for care in the facility.
2 (b) A facility which violates this Section shall be guilty
3 of a business offense and fined not less than $500 nor more
4 than $1,000 for the first offense and not less than $1,000 nor
5 more than $5,000 for each subsequent offense.
6 (Source: P.A. 95-331, eff. 8-21-07.)
7 (210 ILCS 45/3-402) (from Ch. 111 1/2, par. 4153-402)
8 Sec. 3-402. Involuntary transfer or discharge of a
9 resident from a facility shall be preceded by the discussion
10 required under Section 3-408 and by a minimum written notice
11 of 30 21 days, except in one of the following instances:
12 (a) When the resident's attending physician has completed
13 an assessment and determines the resident should be discharged
14 because of the resident's health care needs, an emergency
15 discharge may be ordered. When an emergency transfer or
16 discharge is ordered by the resident's attending physician
17 because of the resident's health care needs. The State Long
18 Term Care Ombudsman shall be notified at the time of the
19 emergency transfer or discharge.
20 (b) When the transfer or discharge is mandated by the
21 physical safety of other residents, the facility staff, or
22 facility visitors, as documented in the clinical record. The
23 Department, the Office of State Long Term Care Ombudsman, and
24 the resident's managed care organization, if applicable, and
25 the State Long Term Care Ombudsman shall be notified prior to
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1 any such involuntary transfer or discharge. The Department
2 shall immediately offer transfer, or discharge and relocation
3 assistance to residents transferred or discharged under this
4 subparagraph (b), and the Department may place relocation
5 teams as provided in Section 3-419 of this Act.
6 (c) When an identified offender is within the provisional
7 admission period defined in Section 1-120.3. If the Identified
8 Offender Report and Recommendation prepared under Section
9 2-201.6 shows that the identified offender poses a serious
10 threat or danger to the physical safety of other residents,
11 the facility staff, or facility visitors in the admitting
12 facility and the facility determines that it is unable to
13 provide a safe environment for the other residents, the
14 facility staff, or facility visitors, the facility shall
15 transfer or discharge the identified offender within 3 days
16 after its receipt of the Identified Offender Report and
17 Recommendation.
18 (Source: P.A. 103-320, eff. 1-1-24.)
19 (210 ILCS 45/3-404) (from Ch. 111 1/2, par. 4153-404)
20 Sec. 3-404. A request for a hearing made under Section
21 3-403 shall stay a transfer or discharge pending a hearing or
22 appeal of the decision, unless a condition which would have
23 allowed transfer or discharge in less than 30 21 days as
24 described under paragraphs (a) and (b) of Section 3-402
25 develops in the interim.
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1 (Source: P.A. 81-223.)
2 (210 ILCS 45/3-405) (from Ch. 111 1/2, par. 4153-405)
3 Sec. 3-405. A copy of the notice required by Section 3-402
4 shall be placed in the resident's clinical record and a copy
5 shall be transmitted to the Department, the State Long Term
6 Care Ombudsman, the resident, and the resident's
7 representative, if any, the resident's managed care
8 organization, if applicable, and the Office of State Long Term
9 Care Ombudsman.
10 (Source: P.A. 103-320, eff. 1-1-24.)
11 (210 ILCS 45/3-410) (from Ch. 111 1/2, par. 4153-410)
12 Sec. 3-410. A resident subject to involuntary transfer or
13 discharge from a facility, the resident's guardian or if the
14 resident is a minor, his parent shall have the opportunity to
15 file a request for a hearing with the Department within 10 days
16 following receipt of the written notice of the involuntary
17 transfer or discharge by the facility. A long term care
18 ombudsman may request a hearing on behalf of the resident, and
19 secure representation for the resident, if, in the judgment of
20 the long term care ombudsman, doing so is in the best interests
21 of the resident, and the resident does not object.
22 (Source: P.A. 81-223.)
23 (210 ILCS 45/3-411) (from Ch. 111 1/2, par. 4153-411)
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1 Sec. 3-411. The Department of Public Health, when the
2 basis for involuntary transfer or discharge is other than
3 action by the Department of Healthcare and Family Services
4 (formerly Department of Public Aid) with respect to the Title
5 XIX Medicaid recipient, shall hold a hearing at the resident's
6 facility not later than 10 days after a hearing request is
7 filed, and render a decision within 14 days after the filing of
8 the hearing request. The Department has continuing
9 jurisdiction over the transfer or discharge irrespective of
10 the timing of the hearing and decision. Once a request for a
11 hearing is filed, the Department shall hold a hearing unless
12 the request is withdrawn by the resident. If the request for a
13 hearing is withdrawn based upon a representation made by the
14 facility to the resident and the Department, including the
15 hearing officer, that a resident who has been denied
16 readmission will be readmitted, and the resident or resident
17 representative notifies the Department that the facility is
18 still denying readmission, failure to readmit is considered
19 failure to comply with a Department order to readmit pursuant
20 to Section 3-305.6, including the imposition of a daily fine
21 under Section 3-305.6.
22 (Source: P.A. 95-331, eff. 8-21-07.)
23 (210 ILCS 45/3-413) (from Ch. 111 1/2, par. 4153-413)
24 Sec. 3-413. If the Department determines that a transfer
25 or discharge is authorized under Section 3-401, the resident
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1 shall not be required to leave the facility before the 34th day
2 following receipt of the notice required under Section 3-402,
3 or the 10th day following receipt of the Department's
4 decision, whichever is later, unless a condition which would
5 have allowed transfer or discharge in less than 30 21 days as
6 described under paragraphs (a) and (b) of Section 3-402
7 develops in the interim. The Department maintains jurisdiction
8 over the transfer or discharge irrespective of the timing of
9 the notice and discharge.
10 (Source: P.A. 81-223.)
11 (210 ILCS 45/3-413.1 new)
12 Sec. 3-413.1. Denial of transfer or discharge. If the
13 Department determines that a transfer or discharge is not
14 authorized under Section 3-401, then the Department shall
15 issue a written decision stating that the transfer or
16 discharge is denied. If the action of the facility giving rise
17 to the request for hearings is the facility's failure to
18 readmit the resident following hospitalization, other medical
19 leave of absence, or other absence, then the Department shall
20 order the immediate readmission of the resident to the
21 facility. The facility shall comply with the order
22 immediately. A surveyor shall make an on-site inspection of
23 the facility's compliance with the order unless the resident
24 or resident representative notifies the Department in writing
25 that there is compliance.
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1 INDEX
2 Statutes amended in order of appearance
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HB5012 - 42 - LRB103 36301 CES 66399 b
1 INDEX
2 Statutes amended in order of appearance
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