SB3028 EngrossedLRB098 16947 RPS 52022 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Nursing Home Care Act is amended by changing
5Section 3-402 as follows:
 
6    (210 ILCS 45/3-402)  (from Ch. 111 1/2, par. 4153-402)
7    Sec. 3-402. Involuntary transfer or discharge of a resident
8from a facility shall be preceded by the discussion required
9under Section 3-408 and by a minimum written notice of 21 days,
10except in one of the following instances:
11    (a) When an emergency transfer or discharge is ordered by
12the resident's attending physician because of the resident's
13physical or mental health care needs.
14    (b) When the transfer or discharge is mandated by the
15physical safety of other residents, the facility staff, or
16facility visitors, as documented in the clinical record. The
17Department shall be notified prior to any such involuntary
18transfer or discharge. The Department shall immediately offer
19transfer, or discharge and relocation assistance to residents
20transferred or discharged under this subparagraph (b), and the
21Department may place relocation teams as provided in Section
223-419 of this Act.
23    (c) When an identified offender is within the provisional

 

 

SB3028 Engrossed- 2 -LRB098 16947 RPS 52022 b

1admission period defined in Section 1-120.3. If the Identified
2Offender Report and Recommendation prepared under Section
32-201.6 shows that the identified offender poses a serious
4threat or danger to the physical safety of other residents, the
5facility staff, or facility visitors in the admitting facility
6and the facility determines that it is unable to provide a safe
7environment for the other residents, the facility staff, or
8facility visitors, the facility shall transfer or discharge the
9identified offender within 3 days after its receipt of the
10Identified Offender Report and Recommendation.
11(Source: P.A. 96-1372, eff. 7-29-10.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.