Section 300.620  Admission, Retention and Discharge Policies

a)         All involuntary discharges and transfers shall be in accordance with Sections 3-401 through 3-423 of the Act.

b)         An individual who needs services that are not readily available in a particular facility, or through arrangement with a qualified outside resource, shall not be admitted to or kept in that facility.  The Department defines a "qualified outside source" as one recognized as meeting professional standards for services provided.

c)         Each facility shall have a policy concerning the admission of persons needing prenatal and/or maternity care, and a policy concerning the keeping of such persons who become pregnant while they are residents of the facility.  If these policies permit such persons to be admitted to or kept in the facility, then the facility shall have a policy concerning the provision of adequate and appropriate prenatal and maternity care to such individuals from in-house and/or outside resources.  (See Section 300.3220.)

d)         No person shall be admitted to or kept in the facility:

1)         Who is at risk because the person is reasonably expected to self-inflict serious physical harm or to inflict serious physical harm on another person in the near future, as determined by professional evaluation;

2)         Who is destructive of property, if the destruction jeopardizes the safety of him/herself or others; or

3)         Who is an identified offender, unless the requirements of Section 300.615 for new admissions and the requirements of Section 300.625 are met.

e)         No resident shall be admitted to the facility who is developmentally disabled and who needs programming for such conditions, as described in the rules governing intermediate care facilities for the developmentally disabled (77 Ill. Adm. Code 350).  Such persons shall be admitted only to facilities licensed as intermediate care facilities for the developmentally disabled under 77 Ill. Adm. Code 350 or, if the person is under 18, to a long-term care facility for persons under 22 years of age that is licensed under 77 Ill. Adm. Code 390.  Persons from 18 to 21 years of age in need of such care may be kept in either facility.

f)         Persons under 18 years of age may not be cared for in a facility for adults without prior written approval from the Department.

g)         A facility shall not refuse to discharge or transfer a resident when requested to do so by the resident or, if the resident is incompetent, by the resident's guardian.

h)         If a resident insists on being discharged and is discharged against medical advice, the facts involved in the situation shall be fully documented in the resident's clinical record.

i)          Persons with communicable, contagious, or infectious diseases may be admitted under the conditions and in accordance with the procedures specified in Section 300.1020.

j)          A facility shall not admit more residents than the number authorized by the license issued to it.

(Source:  Amended at 31 Ill. Reg. 6044, effective April 3, 2007)