94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB1620


 
Introduced 2/23/2005, by Sen. Debbie DeFrancesco Halvorson
 
SYNOPSIS AS INTRODUCED:
 		




















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


210 ILCS 45/3-410
  from Ch. 111 1/2, par. 4153-410


210 ILCS 45/3-421
  from Ch. 111 1/2, par. 4153-421


210 ILCS 45/3-423
  from Ch. 111 1/2, par. 4153-423








    Amends the Nursing Home Care Act.  Requires that the State Long Term Care Ombudsman be provided with (1) a copy of a  notice of involuntary transfer or discharge of a resident from a nursing home, (2) notice of the emergency removal of a resident from a nursing home, and (3) notice of the voluntary closing of a nursing hame. Provides that the State Long Term Care Ombudsman shall have the opportunity to file a request for a hearing with the Department
of Public Health within 10 days following receipt of a written notice
of the involuntary transfer or discharge of a resident by a nursing home. Effective immediately.
















LRB094 05905 DRJ 35959 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











SB1620

LRB094 05905 DRJ 35959 b






1
    AN ACT concerning regulation.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Nursing Home Care Act is amended  by changing 
5
Sections 3-405, 3-410, 3-421, and 3-423 as follows:
 



6
    (210 ILCS 45/3-405)  (from Ch. 111 1/2, par. 4153-405)



7
    Sec. 3-405. A copy of the notice required by Section 3-402 
8
shall be placed
in the resident's clinical record and a copy 
9
shall be transmitted to the
Department, the resident, the 
10
resident's representative, the State Long Term Care Ombudsman, 
11
and, if the resident's
care is paid for in whole or part 
12
through Title XIX, to the
Department of Public Aid.

13
(Source: P.A. 81-223.)

 



14
    (210 ILCS 45/3-410)  (from Ch. 111 1/2, par. 4153-410)



15
    Sec. 3-410. A resident subject to involuntary transfer or 
16
discharge from
a facility, the resident's guardian or, if the 
17
resident is a minor, his parent, or the State Long Term Care 
18
Ombudsman
shall have the opportunity to file a request for a 
19
hearing with the Department
within 10 days following receipt of 
20
the written notice
of the involuntary transfer or discharge by 
21
the facility.

22
(Source: P.A. 81-223.)

 



23
    (210 ILCS 45/3-421)  (from Ch. 111 1/2, par. 4153-421)



24
    Sec. 3-421. In any transfer or discharge conducted under 
25
subsection (e)
of Section 3-415, the Department shall notify 
26
the facility and any resident
to be removed that an emergency 
27
has been found to exist and removal
has been ordered, and shall 
28
involve the residents in removal planning if
possible. 
29
Following emergency removal, the Department shall provide 
30
written
notice to the facility, to the resident, to the 
 


 






SB1620
- 2 -
LRB094 05905 DRJ 35959 b




1
resident's representative,
if any, and to a member of the 
2
resident's family, where practicable, and to the State Long 
3
Term Care Ombudsman of
the basis for the finding that an 
4
emergency existed and of the right to
challenge removal under 
5
Section 3-422.

6
(Source: P.A. 81-223.)

 



7
    (210 ILCS 45/3-423)  (from Ch. 111 1/2, par. 4153-423)



8
    Sec. 3-423. Any owner of a facility licensed under this Act 
9
shall give
90 days notice prior to voluntarily closing a 
10
facility or closing any part
of a facility, or prior to closing 
11
any part of a facility if closing such
part will require the 
12
transfer or discharge of more than 10% of the residents.
Such 
13
notice shall be given to the Department, to any resident who 
14
must be
transferred or discharged, to the resident's 
15
representative, and to a member
of the resident's family, where 
16
practicable, and to the State Long Term Care Ombudsman. Notice 
17
shall state the proposed
date of closing and the reason for 
18
closing.
The facility shall offer to assist the resident in 
19
securing an alternative
placement and shall advise the resident 
20
on available alternatives. Where
the resident is unable to 
21
choose an alternate placement and is not under
guardianship, 
22
the Department shall be notified of the need for relocation

23
assistance. The facility shall comply with all applicable laws 
24
and regulations until
the date of closing, including those 
25
related to transfer or discharge of
residents. The Department 
26
may place a relocation team in the facility as
provided under 
27
Section 3-419.

28
(Source: P.A. 81-223.)

 

29
    Section 99. Effective date. This Act takes effect upon 
30
becoming law.