Section 380.220  Transfer or Discharge

a)         Consumers shall be free to leave at any time. If a consumer in a triage center expresses a desire to contact a third party for any purpose, the facility staff shall contact that third party on behalf of the consumer. (Section 3-108 of the Act)

b)         A consumer may be discharged from a facility after he or she gives the executive director, a physician, or a nurse of the facility written notice of the desire to be discharged. If a guardian has been appointed for a consumer, the consumer shall be discharged upon written consent of his or her guardian. In the event of a requested consumer discharge, the facility is relieved from any responsibility for the consumer's care, safety, and well-being upon the consumer's discharge. (Section 3-111 of the Act)  This requirement shall not be construed to limit the consumer's right to leave the facility at any time.

c)         The process for the involuntary transfer or discharge of a consumer from a facility shall be conducted in accordance with Sections 3-401 through 3-423 of the Nursing Home Care Act.

d)         The facility shall contact the community-based behavioral health provider following the consumer's discharge from the facility to ensure that the consumer is receiving follow-up care.

e)         All facilities shall provide educational materials and information to all Williams Class Members voluntarily or involuntarily discharging from the facility at the time of completing the discharge paperwork, informing them of their rights and available services under the Consent Decree, as prescribed by the Williams Lead Defendant Agency. All facilities shall provide written verification of educational materials and information given to Williams Class Members, as requested by a Williams Defendant Agency.

f)         All facilities shall notify any agency providing transition services to a Williams Class Member of such Class Member’s discharge at least 48 hours prior to the discharge taking place.

(Source:  Amended at 46 Ill. Reg. 16870, effective September 26, 2022)