(b) A 30 day written notice of residency termination shall be provided to
the resident, the resident's representative, or both, and the long term care
ombudsman, which shall include the reason for the pending action, the date of
the proposed move, and a notice,
the content and form to be set forth by rule, of the resident's right to
appeal, the steps that the resident or the resident's representative must take
to
initiate an appeal, and a statement of the resident's right to continue to
reside in the establishment until a decision is rendered. The notice shall
include a toll free telephone number to initiate an appeal and a written
hearing request form, together with a postage paid, pre-addressed envelope to
the Department. If the resident or the resident's representative, if any,
cannot read English, the notice must be provided in a language the individual
receiving the notice can read or the establishment must provide a translator
who
has been trained to assist the resident or the resident's representative in the
appeal process. In emergency situations as defined in Section 10 of this Act,
the 30-day provision of the written notice may be waived.
(c) The establishment shall attempt to resolve with the resident or the
resident's representative, if any, circumstances that if not remedied have the
potential of resulting in an involuntary termination of residency and shall
document those efforts in the resident's file. This action may occur prior to
or during the 30 day notice period, but must
occur prior to the termination of the residency. In emergency situations as
defined in Section 10 of this Act, the
requirements of this subsection may be waived.
(d) A request for a hearing shall stay an involuntary termination of
residency until a decision has been rendered by the Department, according to a
process adopted by rule. During this time period, the establishment may not
terminate or reduce any service for the purpose of making it more difficult or
impossible for the resident to remain in the establishment.
(e) The establishment shall offer the resident and the resident's
representative, if any, residency termination and relocation assistance
including information on available alternative placement. Residents shall be
involved in planning the move and shall choose among the available alternative
placements except when an emergency situation makes prior resident involvement
impossible. Emergency placements are deemed temporary until the resident's
input can be sought in the final placement decision. No resident shall be
forced to remain in a temporary or permanent placement.
(f) The Department may offer assistance to the establishment and the
resident in the preparation of residency termination and relocation plans to
assure safe and orderly transition and to protect the resident's health,
safety, welfare, and rights. In nonemergencies, and where possible in
emergencies, the transition plan shall be designed and implemented in advance
of transfer or residency termination.
(Source: P.A. 91-656, eff. 1-1-01.)
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