Bill Amendment: IL SB3723 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: NURSING FACILITY-RESIDENCY
Status: 2024-06-26 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB3723 Detail]
Download: Illinois-2023-SB3723-Senate_Amendment_001.html
Bill Title: NURSING FACILITY-RESIDENCY
Status: 2024-06-26 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB3723 Detail]
Download: Illinois-2023-SB3723-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 3723 | ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 3723 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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:
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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: |
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1 | (1) services consistent with a social model that is | ||||||
2 | based on the premise that the resident's unit in assisted | ||||||
3 | living and shared housing is his or her own home; | ||||||
4 | (2) community-based residential care for persons who | ||||||
5 | need assistance with activities of daily living, including | ||||||
6 | personal, supportive, and intermittent health-related | ||||||
7 | services available 24 hours per day, if needed, to meet | ||||||
8 | the scheduled and unscheduled needs of a resident; | ||||||
9 | (3) mandatory services, whether provided directly by | ||||||
10 | the establishment or by another entity arranged for by the | ||||||
11 | establishment, with the consent of the resident or | ||||||
12 | resident's representative; and | ||||||
13 | (4) a physical environment that is a homelike setting | ||||||
14 | that includes the following and such other elements as | ||||||
15 | established by the Department: individual living units | ||||||
16 | each of which shall accommodate small kitchen appliances | ||||||
17 | and contain private bathing, washing, and toilet | ||||||
18 | facilities, or private washing and toilet facilities with | ||||||
19 | a common bathing room readily accessible to each resident. | ||||||
20 | Units shall be maintained for single occupancy except in | ||||||
21 | cases in which 2 residents choose to share a unit. | ||||||
22 | Sufficient common space shall exist to permit individual | ||||||
23 | and group activities. | ||||||
24 | "Assisted living establishment" or "establishment" does | ||||||
25 | not mean any of the following: | ||||||
26 | (1) A home, institution, or similar place operated by |
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1 | the federal government or the State of Illinois. | ||||||
2 | (2) A long term care facility licensed under the | ||||||
3 | Nursing Home Care Act, a facility licensed under the | ||||||
4 | Specialized Mental Health Rehabilitation Act of 2013, a | ||||||
5 | facility licensed under the ID/DD Community Care Act, or a | ||||||
6 | facility licensed under the MC/DD Act. However, a facility | ||||||
7 | licensed under any of those Acts may convert distinct | ||||||
8 | parts of the facility to assisted living. If the facility | ||||||
9 | elects to do so, the facility shall retain the Certificate | ||||||
10 | of Need for its nursing and sheltered care beds that were | ||||||
11 | converted. | ||||||
12 | (3) A hospital, sanitarium, or other institution, the | ||||||
13 | principal activity or business of which is the diagnosis, | ||||||
14 | care, and treatment of human illness and that is required | ||||||
15 | to be licensed under the Hospital Licensing Act. | ||||||
16 | (4) A facility for child care as defined in the Child | ||||||
17 | Care Act of 1969. | ||||||
18 | (5) A community living facility as defined in the | ||||||
19 | Community Living Facilities Licensing Act. | ||||||
20 | (6) A nursing home or sanitarium operated solely by | ||||||
21 | and for persons who rely exclusively upon treatment by | ||||||
22 | spiritual means through prayer in accordance with the | ||||||
23 | creed or tenants of a well-recognized church or religious | ||||||
24 | denomination. | ||||||
25 | (7) A facility licensed by the Department of Human | ||||||
26 | Services as a community-integrated living arrangement as |
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1 | defined in the Community-Integrated Living Arrangements | ||||||
2 | Licensure and Certification Act. | ||||||
3 | (8) A supportive residence licensed under the | ||||||
4 | Supportive Residences Licensing Act. | ||||||
5 | (9) The portion of a life care facility as defined in | ||||||
6 | the Life Care Facilities Act not licensed as an assisted | ||||||
7 | living establishment under this Act; a life care facility | ||||||
8 | may apply under this Act to convert sections of the | ||||||
9 | community to assisted living. | ||||||
10 | (10) A free-standing hospice facility licensed under | ||||||
11 | the Hospice Program Licensing Act. | ||||||
12 | (11) A shared housing establishment. | ||||||
13 | (12) A supportive living facility as described in | ||||||
14 | Section 5-5.01a of the Illinois Public Aid Code. | ||||||
15 | "Department" means the Department of Public Health. | ||||||
16 | "Director" means the Director of Public Health. | ||||||
17 | "Emergency situation" means imminent danger of death or | ||||||
18 | serious physical harm to a resident of an 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 .)
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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, upon | ||||||
24 | request, be given a copy of the most recent assessment; a | ||||||
25 | supplemental assessment, if any, completed by the | ||||||
26 | establishment; and a service plan. Based on the assessment, |
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1 | the service plan may provide for the disconnection or removal | ||||||
2 | of any appliance. | ||||||
3 | (Source: P.A. 91-656, eff. 1-1-01.)
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4 | (210 ILCS 9/75) | ||||||
5 | Sec. 75. Residency requirements. | ||||||
6 | (a) No individual shall be accepted for residency or | ||||||
7 | remain in residence if the establishment cannot provide or | ||||||
8 | secure appropriate services, if the individual requires a | ||||||
9 | level of service or type of service for which the | ||||||
10 | establishment is not licensed or which the establishment does | ||||||
11 | not provide, or if the establishment does not have the staff | ||||||
12 | appropriate in numbers and with appropriate skill to provide | ||||||
13 | such services. | ||||||
14 | (b) Only adults may be accepted for residency. | ||||||
15 | (c) A person shall not be accepted for residency if: | ||||||
16 | (1) the person poses a serious threat to himself or | ||||||
17 | herself or to others; | ||||||
18 | (2) the person is not able to communicate his or her | ||||||
19 | needs and no resident representative residing in the | ||||||
20 | establishment, and with a prior relationship to the | ||||||
21 | person, has been appointed to direct the provision of | ||||||
22 | services; | ||||||
23 | (3) the person requires total assistance with 2 or | ||||||
24 | more activities of daily living; | ||||||
25 | (4) the person requires the assistance of more than |
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1 | one paid caregiver at any given time with an activity of | ||||||
2 | daily living; | ||||||
3 | (5) the person requires more than minimal assistance | ||||||
4 | in moving to a safe area in an emergency; | ||||||
5 | (6) the person has a severe mental illness, which for | ||||||
6 | the purposes of this Section means a condition that is | ||||||
7 | characterized by the presence of a major mental disorder | ||||||
8 | as classified in the Diagnostic and Statistical Manual of | ||||||
9 | Mental Disorders, Fourth Edition (DSM-IV) (American | ||||||
10 | Psychiatric Association, 1994), where the individual is a | ||||||
11 | person with a substantial disability due to mental illness | ||||||
12 | in the areas of self-maintenance, social functioning, | ||||||
13 | activities of community living and work skills, and the | ||||||
14 | disability specified is expected to be present for a | ||||||
15 | period of not less than one year, but does not mean | ||||||
16 | Alzheimer's disease and other forms of dementia based on | ||||||
17 | organic or physical disorders; | ||||||
18 | (7) the person requires intravenous therapy or | ||||||
19 | intravenous feedings unless self-administered or | ||||||
20 | administered by a qualified, licensed health care | ||||||
21 | professional; | ||||||
22 | (8) the person requires gastrostomy feedings unless | ||||||
23 | self-administered or administered by a licensed health | ||||||
24 | care professional; | ||||||
25 | (9) the person requires insertion, sterile irrigation, | ||||||
26 | and replacement of catheter, except for routine |
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1 | maintenance of urinary catheters, unless the catheter care | ||||||
2 | is self-administered or administered by a licensed health | ||||||
3 | care professional; | ||||||
4 | (10) the person requires sterile wound care unless | ||||||
5 | care is self-administered or administered by a licensed | ||||||
6 | health care professional; | ||||||
7 | (11) (blank); | ||||||
8 | (12) the person is a diabetic requiring routine | ||||||
9 | insulin injections unless the injections are | ||||||
10 | self-administered or administered by a licensed health | ||||||
11 | care professional; | ||||||
12 | (13) the person requires treatment of stage 3 or stage | ||||||
13 | 4 decubitus ulcers or exfoliative dermatitis; | ||||||
14 | (14) the person requires 5 or more skilled nursing | ||||||
15 | visits per week for conditions other than those listed in | ||||||
16 | items (13) and (15) of this subsection for a period of 3 | ||||||
17 | consecutive weeks or more except when the course of | ||||||
18 | treatment is expected to extend beyond a 3 week period for | ||||||
19 | rehabilitative purposes and is certified as temporary by a | ||||||
20 | physician; or | ||||||
21 | (15) other reasons prescribed by the Department by | ||||||
22 | rule. | ||||||
23 | (d) A resident with a condition listed in items (1) | ||||||
24 | through (15) of subsection (c) shall have his or her residency | ||||||
25 | terminated. | ||||||
26 | (e) Residency shall be terminated when services available |
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1 | to the resident in the establishment are no longer adequate to | ||||||
2 | meet the needs of the resident. The establishment shall notify | ||||||
3 | the resident and the resident's representative, if any, when | ||||||
4 | there is a significant change in the resident's condition that | ||||||
5 | affects the establishment's ability to meet the resident's | ||||||
6 | needs. The requirements of subsection (c) of Section 80 shall | ||||||
7 | then apply. This provision shall not be interpreted as | ||||||
8 | limiting the authority of the Department to require the | ||||||
9 | residency termination of individuals. | ||||||
10 | (f) Subsection (d) of this Section shall not apply to | ||||||
11 | terminally ill residents who receive or would qualify for | ||||||
12 | hospice care and such care is coordinated by a hospice program | ||||||
13 | licensed under the Hospice Program Licensing Act or other | ||||||
14 | licensed health care professional employed by a licensed home | ||||||
15 | health agency and the establishment and all parties agree to | ||||||
16 | the continued residency. | ||||||
17 | (g) Items (3), (4), (5), and (9) of subsection (c) shall | ||||||
18 | not apply to a quadriplegic, paraplegic, or individual with | ||||||
19 | neuro-muscular diseases, such as muscular dystrophy and | ||||||
20 | multiple sclerosis, or other chronic diseases and conditions | ||||||
21 | as defined by rule if the individual is able to communicate his | ||||||
22 | or her needs and does not require assistance with complex | ||||||
23 | medical problems, and the establishment is able to accommodate | ||||||
24 | the individual's needs. The Department shall prescribe rules | ||||||
25 | pursuant to this Section that address special safety and | ||||||
26 | service needs of these individuals. |
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1 | (h) For the purposes of items (7) through (10) of | ||||||
2 | subsection (c), a licensed health care professional may not be | ||||||
3 | employed by the owner or operator of the establishment, its | ||||||
4 | parent entity, or any other entity with ownership common to | ||||||
5 | either the owner or operator of the establishment or parent | ||||||
6 | entity, including but not limited to an affiliate of the owner | ||||||
7 | or operator of the establishment. Nothing in this Section is | ||||||
8 | meant to limit a resident's right to choose his or her health | ||||||
9 | care provider. | ||||||
10 | (i) Subsection (h) is not applicable to residents admitted | ||||||
11 | to an assisted living establishment under a life care contract | ||||||
12 | as defined in the Life Care Facilities Act if the life care | ||||||
13 | facility has both an assisted living establishment and a | ||||||
14 | skilled nursing facility. A licensed health care professional | ||||||
15 | providing health-related or supportive services at a life care | ||||||
16 | assisted living or shared housing establishment must be | ||||||
17 | employed by an entity licensed by the Department under the | ||||||
18 | Nursing Home Care Act or the Home Health, Home Services, and | ||||||
19 | Home Nursing Agency Licensing Act. | ||||||
20 | (Source: P.A. 103-444, eff. 1-1-24 .)
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21 | (210 ILCS 9/80) | ||||||
22 | Sec. 80. Involuntary termination of residency. | ||||||
23 | (a) Residency shall be involuntarily terminated only for | ||||||
24 | the following reasons: | ||||||
25 | (1) as provided in Section 75 of this Act; |
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1 | (2) nonpayment of contracted charges after the | ||||||
2 | resident and the resident's representative have received a | ||||||
3 | minimum of 30 days' 30-days written notice of the | ||||||
4 | delinquency and the resident or the resident's | ||||||
5 | representative has had at least 15 days to cure the | ||||||
6 | delinquency; or | ||||||
7 | (3) failure to execute a service delivery contract or | ||||||
8 | to substantially comply with its terms and conditions, | ||||||
9 | failure to comply with the assessment requirements | ||||||
10 | contained in Section 15, or failure to substantially | ||||||
11 | comply with the terms and conditions of the lease | ||||||
12 | agreement. | ||||||
13 | (b) A 30-day 30 day written notice of residency | ||||||
14 | termination shall be provided to the resident, the resident's | ||||||
15 | representative, or both, the Department, and the long term | ||||||
16 | care ombudsman, which shall include the reason for the pending | ||||||
17 | action, the date of the proposed move, and a notice, the | ||||||
18 | content and form to be set forth by rule, of the resident's | ||||||
19 | right to appeal, the steps that the resident or the resident's | ||||||
20 | representative must take to initiate an appeal, and a | ||||||
21 | statement of the resident's right to continue to reside in the | ||||||
22 | establishment until a decision is rendered. The notice shall | ||||||
23 | include a toll free telephone number to initiate an appeal and | ||||||
24 | a written hearing request form, together with a postage paid, | ||||||
25 | pre-addressed envelope to the Department. If the resident or | ||||||
26 | the resident's representative, if any, cannot read English, |
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1 | the notice must be provided in a language the individual | ||||||
2 | receiving the notice can read or the establishment must | ||||||
3 | provide a translator who has been trained to assist the | ||||||
4 | resident or the resident's representative in the appeal | ||||||
5 | process. In emergency situations as defined in Section 10 of | ||||||
6 | this Act, the 30-day provision of the written notice may be | ||||||
7 | waived. | ||||||
8 | (c) The establishment shall attempt to resolve with the | ||||||
9 | resident or the resident's representative, if any, | ||||||
10 | circumstances that if not remedied have the potential of | ||||||
11 | resulting in an involuntary termination of residency and shall | ||||||
12 | document those efforts in the resident's file. This action may | ||||||
13 | occur prior to or during the 30 day notice period, but must | ||||||
14 | occur prior to the termination of the residency. In emergency | ||||||
15 | situations as defined in Section 10 of this Act, the | ||||||
16 | requirements of this subsection may be waived. | ||||||
17 | (d) A request for a hearing shall stay an involuntary | ||||||
18 | termination of residency until a decision has been rendered by | ||||||
19 | the Department, according to a process adopted by rule. During | ||||||
20 | this time period, the establishment may not terminate or | ||||||
21 | reduce any service without the consent of the resident or the | ||||||
22 | resident's representative, if any, for the purpose of making | ||||||
23 | it more difficult or impossible for the resident to remain in | ||||||
24 | the establishment. | ||||||
25 | (e) The establishment shall offer the resident and the | ||||||
26 | resident's representative, if any, residency termination and |
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1 | relocation assistance including information on available | ||||||
2 | alternative placement. Residents shall be involved in planning | ||||||
3 | the move and shall choose among the available alternative | ||||||
4 | placements except when an emergency situation makes prior | ||||||
5 | resident involvement impossible. Emergency placements are | ||||||
6 | deemed temporary until the resident's input can be sought in | ||||||
7 | the 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) the resident | ||||||
19 | has 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 the resident; or | ||||||
22 | (2) 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 |
| |||||||
| |||||||
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 | unless a condition which would have allowed transfer or | ||||||
12 | discharge develops within that timeframe. | ||||||
13 | (i) If an order to readmit is entered pursuant to | ||||||
14 | subsection (h), the establishment shall immediately comply. As | ||||||
15 | used in this subsection, "comply" means the establishment and | ||||||
16 | the resident have agreed on a schedule for readmission or the | ||||||
17 | resident is living in the establishment. | ||||||
18 | (j) An establishment that does not readmit a resident | ||||||
19 | after the Department has ordered readmission shall be assessed | ||||||
20 | a fine. The establishment shall be required to submit an | ||||||
21 | acceptable plan of correction to the Department within 30 days | ||||||
22 | after the violation is affirmed. | ||||||
23 | (k) Once a notice of appeal is filed, the Department shall | ||||||
24 | hold a hearing unless the notice of appeal is withdrawn. If the | ||||||
25 | notice of appeal is withdrawn based upon a representation made | ||||||
26 | by the establishment to the resident and the Department, |
| |||||||
| |||||||
1 | including the hearing officer, that a resident who has been | ||||||
2 | previously denied readmission will be readmitted, failure to | ||||||
3 | comply with the representation shall be considered a failure | ||||||
4 | to comply with a Department order pursuant to subsection (h) | ||||||
5 | and shall result in the imposition of a fine as provided in | ||||||
6 | subsection (j) of this Section. | ||||||
7 | (l) A long term care ombudsman may request a hearing on | ||||||
8 | behalf of a resident and secure representation of a resident | ||||||
9 | if, in the judgment of the long term care ombudsman, doing so | ||||||
10 | is in the best interests of the resident and the resident does | ||||||
11 | not object. | ||||||
12 | (Source: P.A. 91-656, eff. 1-1-01.)
| ||||||
13 | (210 ILCS 9/90) | ||||||
14 | Sec. 90. Contents of service delivery contract. A contract | ||||||
15 | between an establishment and a resident must be entitled | ||||||
16 | "assisted living establishment contract" or "shared housing | ||||||
17 | establishment contract" as applicable, shall be printed in no | ||||||
18 | less than 12 point type, and shall include at least the | ||||||
19 | following elements in the body or through supporting documents | ||||||
20 | or attachments: | ||||||
21 | (1) the name, street address, and mailing address of | ||||||
22 | the establishment; | ||||||
23 | (2) the name and mailing address of the owner or | ||||||
24 | owners of the establishment and, if the owner or owners | ||||||
25 | are not natural persons, the type of business entity of |
| |||||||
| |||||||
1 | the owner or owners; | ||||||
2 | (3) the name and mailing address of the managing agent | ||||||
3 | of the establishment, whether hired under a management | ||||||
4 | agreement or lease agreement, if the managing agent is | ||||||
5 | different from the owner or owners; | ||||||
6 | (4) the name and address of at least one natural | ||||||
7 | person who is authorized to accept service on behalf of | ||||||
8 | the owners and managing agent; | ||||||
9 | (5) a statement describing the license status of the | ||||||
10 | establishment and the license status of all providers of | ||||||
11 | health-related or supportive services to a resident under | ||||||
12 | arrangement with the establishment; | ||||||
13 | (6) the duration of the contract; | ||||||
14 | (7) the base rate to be paid by the resident and a | ||||||
15 | description of the services to be provided as part of this | ||||||
16 | rate; | ||||||
17 | (8) a description of any additional services to be | ||||||
18 | provided for an additional fee by the establishment | ||||||
19 | directly or by a third party provider under arrangement | ||||||
20 | with the establishment; | ||||||
21 | (9) the fee schedules outlining the cost of any | ||||||
22 | additional services; | ||||||
23 | (10) a description of the process through which the | ||||||
24 | contract may be modified, amended, or terminated; | ||||||
25 | (11) a description of the establishment's complaint | ||||||
26 | resolution process available to residents and notice of |
| |||||||
| |||||||
1 | the availability of the Department on Aging's Senior | ||||||
2 | Helpline for complaints; | ||||||
3 | (12) the name of the resident's designated | ||||||
4 | representative, if any; | ||||||
5 | (13) the resident's obligations in order to maintain | ||||||
6 | residency and receive services including compliance with | ||||||
7 | all assessments required under Section 15; | ||||||
8 | (14) the billing and payment procedures and | ||||||
9 | requirements; | ||||||
10 | (15) a statement affirming the resident's freedom to | ||||||
11 | receive services from service providers with whom the | ||||||
12 | establishment does not have a contractual arrangement, | ||||||
13 | which may also disclaim liability on the part of the | ||||||
14 | establishment for those services; | ||||||
15 | (16) a statement that medical assistance under Article | ||||||
16 | V or Article VI of the Illinois Public Aid Code is not | ||||||
17 | available for payment for services provided in an | ||||||
18 | establishment, excluding contracts executed with residents | ||||||
19 | residing in licensed establishments participating in the | ||||||
20 | Department on Aging's Comprehensive Care in Residential | ||||||
21 | Settings Demonstration Project; | ||||||
22 | (17) a statement detailing the admission, risk | ||||||
23 | management, and residency termination criteria and | ||||||
24 | procedures; | ||||||
25 | (18) a written explanation, prepared by the Office of | ||||||
26 | State Long Term Care Ombudsman, statement listing the |
| |||||||
| |||||||
1 | rights specified in Sections 80 and Section 95 , including | ||||||
2 | an acknowledgment by the establishment and acknowledging | ||||||
3 | that, by contracting with the assisted living or shared | ||||||
4 | housing establishment, the resident does not forfeit those | ||||||
5 | rights; | ||||||
6 | (19) a statement detailing the Department's annual | ||||||
7 | on-site review process including what documents contained | ||||||
8 | in a resident's personal file shall be reviewed by the | ||||||
9 | on-site reviewer as defined by rule; and | ||||||
10 | (20) a statement outlining whether the establishment | ||||||
11 | charges a community fee and, if so, the amount of the fee | ||||||
12 | and whether it is refundable; if the fee is refundable, | ||||||
13 | the contract must describe the conditions under which it | ||||||
14 | is refundable and how the amount of the refund is | ||||||
15 | determined. | ||||||
16 | (Source: P.A. 93-775, eff. 1-1-05; 94-256, eff. 7-19-05.)
| ||||||
17 | (210 ILCS 9/95) | ||||||
18 | Sec. 95. Resident rights. No resident shall be deprived of | ||||||
19 | any rights, benefits, or privileges guaranteed by law, the | ||||||
20 | Constitution of the State of Illinois, or the Constitution of | ||||||
21 | the United States solely on account of his or her status as a | ||||||
22 | resident of an establishment, nor shall a resident forfeit any | ||||||
23 | of the following rights: | ||||||
24 | (1) the right to retain and use personal property and | ||||||
25 | a place to store personal items that is locked and secure; |
| |||||||
| |||||||
1 | (2) the right to refuse services and to be advised of | ||||||
2 | the consequences of that refusal; | ||||||
3 | (3) the right to respect for bodily privacy and | ||||||
4 | dignity at all times, especially during care and | ||||||
5 | treatment; | ||||||
6 | (4) the right to the free exercise of religion; | ||||||
7 | (5) the right to privacy with regard to mail, phone | ||||||
8 | calls, and visitors; | ||||||
9 | (6) the right to uncensored access to the State | ||||||
10 | Ombudsman or his or her designee; | ||||||
11 | (7) the right to be free of retaliation for | ||||||
12 | criticizing the establishment or making complaints to | ||||||
13 | appropriate agencies; | ||||||
14 | (8) the right to be free of chemical and physical | ||||||
15 | restraints; | ||||||
16 | (9) the right to be free of abuse or neglect or to | ||||||
17 | refuse to perform labor; | ||||||
18 | (10) the right to confidentiality of the resident's | ||||||
19 | medical records; | ||||||
20 | (11) the right of access and the right to copy the | ||||||
21 | resident's personal files maintained by the establishment; | ||||||
22 | (12) the right to 24 hours access to the | ||||||
23 | establishment; | ||||||
24 | (13) the right to a minimum of 90 days' 90-days notice | ||||||
25 | of a planned establishment closure; | ||||||
26 | (14) the right to a minimum of 30 days' 30-days notice |
| |||||||
| |||||||
1 | of an involuntary residency termination, except where the | ||||||
2 | resident poses a threat to himself or others, or in other | ||||||
3 | emergency situations, and the right to appeal such | ||||||
4 | termination ; if an establishment withdraws a notice of | ||||||
5 | involuntary termination of residency, then the resident | ||||||
6 | has the right to maintain residency at the establishment ; | ||||||
7 | and | ||||||
8 | (15) the right to a 30-day notice of delinquency and | ||||||
9 | at least 15 days right to cure delinquency ; . | ||||||
10 | (16) the right to not be unlawfully transferred or | ||||||
11 | discharged; and | ||||||
12 | (17) the right not to be charged for any period during | ||||||
13 | which the resident was unlawfully denied residency. | ||||||
14 | | ||||||
15 | (Source: P.A. 91-656, eff. 1-1-01.)
| ||||||
16 | Section 10. The Nursing Home Care Act is amended by | ||||||
17 | changing Sections 1-114.005, 2-104, 2-111, 3-401, 3-401.1, | ||||||
18 | 3-402, 3-404, 3-405, 3-410, 3-411, and 3-413 and by adding | ||||||
19 | Sections 3-305.6 and 3-413.1 as follows:
| ||||||
20 | (210 ILCS 45/1-114.005) | ||||||
21 | Sec. 1-114.005. High risk designation. "High risk | ||||||
22 | designation" means a violation of a provision of the Illinois | ||||||
23 | Administrative Code or statute that has been identified by the | ||||||
24 | Department through rulemaking or designated in statute to be |
| |||||||
| |||||||
1 | inherently necessary to protect the health, safety, and | ||||||
2 | welfare of a resident. | ||||||
3 | (Source: P.A. 96-1372, eff. 7-29-10.)
| ||||||
4 | (210 ILCS 45/2-111) (from Ch. 111 1/2, par. 4152-111) | ||||||
5 | Sec. 2-111. A resident shall not be transferred or | ||||||
6 | discharged in violation of this Act. A resident may not be | ||||||
7 | charged for any period during which the resident was | ||||||
8 | unlawfully denied the right to reside in a facility. A | ||||||
9 | resident may be discharged from a facility after he gives the | ||||||
10 | administrator, a physician, or a nurse of the facility written | ||||||
11 | notice of his desire to be discharged. If a guardian has been | ||||||
12 | appointed for a resident or if the resident is a minor, the | ||||||
13 | resident shall be discharged upon written consent of his | ||||||
14 | guardian or if the resident is a minor, his parent unless there | ||||||
15 | is a court order to the contrary. In such cases, upon the | ||||||
16 | resident's discharge, the facility is relieved from any | ||||||
17 | responsibility for the resident's care, safety or well-being. | ||||||
18 | A resident has the right to not be unlawfully transferred or | ||||||
19 | discharged. | ||||||
20 | (Source: P.A. 81-223.)
| ||||||
21 | (210 ILCS 45/3-305.6 new) | ||||||
22 | Sec. 3-305.6. Failure to readmit a resident. A facility | ||||||
23 | that fails to comply with an order of the Department to readmit | ||||||
24 | a resident who wishes to return to the facility and is |
| |||||||
| |||||||
1 | appropriate for that level of care, shall be assessed a fine. | ||||||
2 | As used in this Section, "compliance with the order" means | ||||||
3 | a resident is living in a facility, or a facility and a | ||||||
4 | resident have agreed on a schedule for readmission.
| ||||||
5 | (210 ILCS 45/3-401) (from Ch. 111 1/2, par. 4153-401) | ||||||
6 | Sec. 3-401. A facility may involuntarily transfer or | ||||||
7 | discharge a resident only for one or more of the following | ||||||
8 | reasons: | ||||||
9 | (a) the facility is unable to meet the medical needs | ||||||
10 | of the resident, as documented in the resident's clinical | ||||||
11 | record by the resident's physician for medical reasons for | ||||||
12 | medical reasons ; | ||||||
13 | (b) for the resident's physical safety; | ||||||
14 | (c) for the physical safety of other residents, the | ||||||
15 | facility staff or facility visitors; or | ||||||
16 | (d) for either late payment or nonpayment for the | ||||||
17 | resident's stay, except as prohibited by Titles XVIII and | ||||||
18 | XIX of the federal Social Security Act. For purposes of | ||||||
19 | this Section, "late payment" means non-receipt of payment | ||||||
20 | after submission of a bill. If payment is not received | ||||||
21 | within 45 days after submission of a bill, a facility may | ||||||
22 | send a notice to the resident and responsible party | ||||||
23 | requesting payment within 30 days. If payment is not | ||||||
24 | received within such 30 days, the facility may thereupon | ||||||
25 | institute transfer or discharge proceedings by sending a |
| |||||||
| |||||||
1 | notice of transfer or discharge to the resident and | ||||||
2 | responsible party by registered or certified mail. The | ||||||
3 | notice shall state, in addition to the requirements of | ||||||
4 | Section 3-403 of this Act, that the responsible party has | ||||||
5 | the right to pay the amount of the bill in full up to the | ||||||
6 | date the transfer or discharge is to be made and then the | ||||||
7 | resident shall have the right to remain in the facility. | ||||||
8 | Such payment shall terminate the transfer or discharge | ||||||
9 | proceedings. This subsection does not apply to those | ||||||
10 | residents whose care is provided for under the Illinois | ||||||
11 | Public Aid Code. The Department shall adopt rules setting | ||||||
12 | forth the criteria and procedures to be applied in cases | ||||||
13 | of involuntary transfer or discharge permitted under this | ||||||
14 | Section. | ||||||
15 | In non-emergency situations, prior to issuing the notice | ||||||
16 | of transfer or discharge of a resident under subsection (a), | ||||||
17 | (b), or (c) of this Section, an attending physician shall | ||||||
18 | conduct an in-person assessment and provide an explanation | ||||||
19 | that, in the physician's medical opinion, the safety threshold | ||||||
20 | under the Act and the federal regulations has or has not been | ||||||
21 | breached with the findings documented in the resident's | ||||||
22 | clinical record. In the absence of other bases for transfer or | ||||||
23 | discharge in this Section, unless it has complied with the | ||||||
24 | prior notice and other procedural requirements of this Act, a | ||||||
25 | facility may not refuse to readmit a resident following a | ||||||
26 | medical leave of absence if the resident's need for care does |
| |||||||
| |||||||
1 | not exceed the provisions of the facility's license. | ||||||
2 | (Source: P.A. 91-357, eff. 7-29-99.)
| ||||||
3 | (210 ILCS 45/3-402) (from Ch. 111 1/2, par. 4153-402) | ||||||
4 | Sec. 3-402. Involuntary transfer or discharge of a | ||||||
5 | resident from a facility shall be preceded by the discussion | ||||||
6 | required under Section 3-408 and by a minimum written notice | ||||||
7 | of 30 21 days, except in one of the following instances: | ||||||
8 | (a) When an emergency transfer or discharge is ordered by | ||||||
9 | the resident's attending physician because of the resident's | ||||||
10 | health care needs. The State Long Term Care Ombudsman shall be | ||||||
11 | notified at the time of the emergency transfer or discharge. | ||||||
12 | (b) When the transfer or discharge is mandated by the | ||||||
13 | physical safety of other residents, the facility staff, or | ||||||
14 | facility visitors, as documented in the clinical record. The | ||||||
15 | Department , the Office of State Long Term Care Ombudsman, and | ||||||
16 | the resident's managed care organization, if applicable, and | ||||||
17 | the State Long Term Care Ombudsman shall be notified prior to | ||||||
18 | any such involuntary transfer or discharge. The Department | ||||||
19 | shall immediately offer transfer, or discharge and relocation | ||||||
20 | assistance to residents transferred or discharged under this | ||||||
21 | subparagraph (b), and the Department may place relocation | ||||||
22 | teams as provided in Section 3-419 of this Act. | ||||||
23 | (c) When an identified offender is within the provisional | ||||||
24 | admission period defined in Section 1-120.3. If the Identified | ||||||
25 | Offender Report and Recommendation prepared under Section |
| |||||||
| |||||||
1 | 2-201.6 shows that the identified offender poses a serious | ||||||
2 | threat or danger to the physical safety of other residents, | ||||||
3 | the facility staff, or facility visitors in the admitting | ||||||
4 | facility and the facility determines that it is unable to | ||||||
5 | provide a safe environment for the other residents, the | ||||||
6 | facility staff, or facility visitors, the facility shall | ||||||
7 | transfer or discharge the identified offender within 3 days | ||||||
8 | after its receipt of the Identified Offender Report and | ||||||
9 | Recommendation. | ||||||
10 | (Source: P.A. 103-320, eff. 1-1-24 .)
| ||||||
11 | (210 ILCS 45/3-404) (from Ch. 111 1/2, par. 4153-404) | ||||||
12 | Sec. 3-404. A request for a hearing made under Section | ||||||
13 | 3-403 shall stay a transfer or discharge pending a hearing or | ||||||
14 | appeal of the decision, unless a condition which would have | ||||||
15 | allowed transfer or discharge in less than 30 21 days as | ||||||
16 | described under paragraphs (a) and (b) of Section 3-402 | ||||||
17 | develops in the interim. | ||||||
18 | (Source: P.A. 81-223.)
| ||||||
19 | (210 ILCS 45/3-405) (from Ch. 111 1/2, par. 4153-405) | ||||||
20 | Sec. 3-405. A copy of the notice required by Section 3-402 | ||||||
21 | shall be placed in the resident's clinical record and a copy | ||||||
22 | shall be transmitted to the Department, the State Long Term | ||||||
23 | Care Ombudsman, the resident, and the resident's | ||||||
24 | representative , if any, the resident's managed care |
| |||||||
| |||||||
1 | organization, if applicable, and the Office of State Long Term | ||||||
2 | Care Ombudsman . | ||||||
3 | (Source: P.A. 103-320, eff. 1-1-24 .)
| ||||||
4 | (210 ILCS 45/3-410) (from Ch. 111 1/2, par. 4153-410) | ||||||
5 | Sec. 3-410. A resident subject to involuntary transfer or | ||||||
6 | discharge from a facility, the resident's guardian or if the | ||||||
7 | resident is a minor, his parent shall have the opportunity to | ||||||
8 | file a request for a hearing with the Department within 10 days | ||||||
9 | following receipt of the written notice of the involuntary | ||||||
10 | transfer or discharge by the facility. A long term care | ||||||
11 | ombudsman may request a hearing on behalf of the resident, and | ||||||
12 | secure representation for the resident, if, in the judgment of | ||||||
13 | the long term care ombudsman, doing so is in the best interests | ||||||
14 | of the resident, and the resident does not object. | ||||||
15 | (Source: P.A. 81-223.)
| ||||||
16 | (210 ILCS 45/3-411) (from Ch. 111 1/2, par. 4153-411) | ||||||
17 | Sec. 3-411. The Department of Public Health, when the | ||||||
18 | basis for involuntary transfer or discharge is other than | ||||||
19 | action by the Department of Healthcare and Family Services | ||||||
20 | (formerly Department of Public Aid) with respect to the Title | ||||||
21 | XIX Medicaid recipient, shall hold a hearing at the resident's | ||||||
22 | facility not later than 10 days after a hearing request is | ||||||
23 | filed, and render a decision within 14 days after the filing of | ||||||
24 | the hearing request. The Department has continuing |
| |||||||
| |||||||
1 | jurisdiction over the transfer or discharge irrespective of | ||||||
2 | the timing of the hearing and decision. Once a request for a | ||||||
3 | hearing is filed, the Department shall hold a hearing unless | ||||||
4 | the request is withdrawn by the resident. If the request for a | ||||||
5 | hearing is withdrawn based upon a representation made by the | ||||||
6 | facility to the resident and the Department, including the | ||||||
7 | hearing officer, that a resident who has been denied | ||||||
8 | readmission will be readmitted, and the resident or resident | ||||||
9 | representative notifies the Department that the facility is | ||||||
10 | still denying readmission, failure to readmit is considered | ||||||
11 | failure to comply with a Department order to readmit pursuant | ||||||
12 | to Section 3-305.6, including the imposition of a fine under | ||||||
13 | Section 3-305.6. | ||||||
14 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
15 | (210 ILCS 45/3-413) (from Ch. 111 1/2, par. 4153-413) | ||||||
16 | Sec. 3-413. If the Department determines that a transfer | ||||||
17 | or discharge is authorized under Section 3-401, the resident | ||||||
18 | shall not be required to leave the facility before the 34th day | ||||||
19 | following receipt of the notice required under Section 3-402, | ||||||
20 | or the 10th day following receipt of the Department's | ||||||
21 | decision, whichever is later, unless a condition which would | ||||||
22 | have allowed transfer or discharge in less than 30 21 days as | ||||||
23 | described under paragraphs (a) and (b) of Section 3-402 | ||||||
24 | develops in the interim. The Department maintains jurisdiction | ||||||
25 | over the transfer or discharge irrespective of the timing of |
| |||||||
| |||||||
1 | the notice and discharge. | ||||||
2 | (Source: P.A. 81-223.)
|