(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.)
(Text of Section after amendment by P.A. 104-191)
Sec. 80. Involuntary termination of residency.
(a) Residency shall be involuntarily terminated only for the following reasons:
(1) as provided in Section 75 of this Act;
(2) nonpayment of contracted charges after the
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(b) A 30-day written notice of residency termination shall be provided to the resident, the resident's representative, or both, the Department, 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 without the consent of the resident or the resident's representative, if any, 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.
(g) An establishment may not initiate a termination of residency due to an emergency situation if the establishment is able to safely care for the resident and (1) the resident has been hospitalized and the resident's physician, the establishment's manager, and the establishment's director of nursing state that returning to the establishment would not create an imminent danger of death or serious physical harm to the resident; or (2) the emergency can be negated by changes in activities, health care, personal care, or available rooming accommodations, consistent with the license and services of the establishment. The Department may not find an establishment to be in violation of Section 75 of this Act for failing to initiate an emergency discharge in these circumstances.
(h) If the Department determines that an involuntary termination of residency does not meet the requirements of this Act, the Department shall issue a written decision stating that the involuntary termination of residency is denied. If the action of the establishment giving rise to the request for hearings is the establishment's failure to readmit the resident following hospitalization, other medical leave of absence, or other absence, the Department shall order the immediate readmission of the resident to the establishment unless a condition which would have allowed transfer or discharge develops within that time frame.
(i) If an order to readmit is entered pursuant to subsection (h), the establishment shall immediately comply. As used in this subsection, "comply" means the establishment and the resident have agreed on a schedule for readmission or the resident is living in the establishment.
(j) An establishment that does not readmit a resident after the Department has ordered readmission shall be assessed a fine. The establishment shall be required to submit an acceptable plan of correction to the Department within 30 days after the violation is affirmed.
(k) Once a notice of appeal is filed, the Department shall hold a hearing unless the notice of appeal is withdrawn. If the notice of appeal is withdrawn based upon a representation made by the establishment to the resident and the Department, including the hearing officer, that a resident who has been previously denied readmission will be readmitted, failure to comply with the representation shall be considered a failure to comply with a Department order pursuant to subsection (h) and shall result in the imposition of a fine as provided in subsection (j) of this Section.
(Source: P.A. 104-191, eff. 1-1-26.)
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