Illinois General Assembly - Full Text of SB3028
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Full Text of SB3028  98th General Assembly

SB3028 98TH GENERAL ASSEMBLY

  
  

 


 
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3028

 

Introduced 2/7/2014, by Sen. Ira I. Silverstein

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 45/3-402  from Ch. 111 1/2, par. 4153-402

    Amends the Nursing Home Care Act. Provides that if an emergency transfer or discharge is ordered by a resident's attending physician because of a resident's physical or mental health needs (rather than a resident's health needs), then a facility is not required to provide a minimum written notice of 21 days and is also not required to have a discussion regarding the transfer with the resident and certain other parties. Effective immediately.


LRB098 16947 RPS 52022 b

 

 

A BILL FOR

 

SB3028LRB098 16947 RPS 52022 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Nursing Home Care Act is amended by changing
5Section 3-402 as follows:
 
6    (210 ILCS 45/3-402)  (from Ch. 111 1/2, par. 4153-402)
7    Sec. 3-402. Involuntary transfer or discharge of a resident
8from a facility shall be preceded by the discussion required
9under Section 3-408 and by a minimum written notice of 21 days,
10except in one of the following instances:
11    (a) When an emergency transfer or discharge is ordered by
12the resident's attending physician because of the resident's
13physical or mental health care needs.
14    (b) When the transfer or discharge is mandated by the
15physical safety of other residents, the facility staff, or
16facility visitors, as documented in the clinical record. The
17Department shall be notified prior to any such involuntary
18transfer or discharge. The Department shall immediately offer
19transfer, or discharge and relocation assistance to residents
20transferred or discharged under this subparagraph (b), and the
21Department may place relocation teams as provided in Section
223-419 of this Act.
23    (c) When an identified offender is within the provisional

 

 

SB3028- 2 -LRB098 16947 RPS 52022 b

1admission period defined in Section 1-120.3. If the Identified
2Offender Report and Recommendation prepared under Section
32-201.6 shows that the identified offender poses a serious
4threat or danger to the physical safety of other residents, the
5facility staff, or facility visitors in the admitting facility
6and the facility determines that it is unable to provide a safe
7environment for the other residents, the facility staff, or
8facility visitors, the facility shall transfer or discharge the
9identified offender within 3 days after its receipt of the
10Identified Offender Report and Recommendation.
11(Source: P.A. 96-1372, eff. 7-29-10.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.