Public Act 103-0320
 
HB2619 EnrolledLRB103 29753 CPF 56159 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Nursing Home Care Act is amended  by 
changing Sections 3-402, 3-403, and 3-405 as follows:
 
    (210 ILCS 45/3-402)  (from Ch. 111 1/2, par. 4153-402)
    Sec. 3-402. Involuntary transfer or discharge of a 
resident from a facility
shall be preceded by the discussion 
required under Section 3-408 and by
a minimum written notice

of 21 days, except in one of the following instances:
    (a) When an emergency transfer or discharge is ordered
by 
the resident's attending physician because of the resident's 
health
care needs. The State Long Term Care Ombudsman shall be 
notified at the time of the  emergency transfer or discharge. 
    (b) When the transfer or discharge is mandated by the 
physical safety of
other residents, the facility staff, or 
facility visitors, as
documented in the clinical record.
The 
Department and the State Long Term Care Ombudsman shall be 
notified prior to any such involuntary transfer
or discharge.  
The Department shall immediately offer transfer, or discharge

and relocation assistance to residents transferred or 
discharged under this
subparagraph (b), and the Department may 
place relocation teams as
provided in Section 3-419 of this 
Act.
    (c) When an identified offender is within the provisional 
admission period defined in Section 1-120.3. If the Identified 
Offender  Report and Recommendation  prepared under Section 
2-201.6 shows that the identified offender poses a serious 
threat or danger to the physical safety of other residents, 
the facility staff, or facility visitors  in the admitting 
facility and the facility determines that it is unable to 
provide a safe environment for the other residents, the 
facility staff, or facility visitors,  the facility shall 
transfer or discharge the identified offender within 3 days  
after  its receipt of  the Identified Offender  Report and 
Recommendation. 
(Source: P.A. 96-1372, eff. 7-29-10.)
 



    (210 ILCS 45/3-403)  (from Ch. 111 1/2, par. 4153-403)



    Sec. 3-403. 
The notice required by Section 3-402 shall be 
on a form
prescribed by the Department and shall contain all of 
the following:

    (a) The stated reason for the proposed transfer or 
discharge;

    (b) The effective date of the proposed transfer or 
discharge;

    (c) A statement in not less than 12-point type, which 
reads: "You
have a right to appeal the facility's decision to 
transfer or discharge
you.  If you think you should not have to 
leave this facility, you may
file a request for a hearing with 
the Department of Public Health within
10 days after receiving 
this notice.  If you request a hearing, it will
be held not 
later than 10 days after your request, and you generally will

not be transferred or discharged during that time.  If the 
decision
following the hearing is not in your favor, you 
generally will not be
transferred or discharged prior to the 
expiration of 30 days following
receipt of the original notice 
of the transfer or discharge.  A form to
appeal the facility's 
decision and to request a hearing is attached.  If
you have any 
questions, call the Department of Public Health or the State 
Long Term Care Ombudsman at the
telephone numbers number 
listed below.";

    (d) A hearing request form, together with a postage paid,

preaddressed envelope to the Department; and

    (e) The name, address, and telephone number of the person 
charged
with the responsibility of supervising the transfer or 
discharge.

(Source: P.A. 81-1349.)

 



    (210 ILCS 45/3-405)  (from Ch. 111 1/2, par. 4153-405)



    Sec. 3-405. A copy of the notice required by Section 3-402 
shall be placed
in the resident's clinical record and a copy 
shall be transmitted to the
Department, the State Long Term 
Care Ombudsman, the resident, and the resident's 
representative.

(Source: P.A. 97-820, eff. 7-17-12.)