HB2619 EngrossedLRB103 29753 CPF 56159 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
5changing Sections 3-402, 3-403, and 3-405 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
8resident from a facility shall be preceded by the discussion
9required under Section 3-408 and by a minimum written notice
10of 21 days, except 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
13health care needs. The State Long Term Care Ombudsman shall be
14notified at the time of the emergency transfer or discharge.
15    (b) When the transfer or discharge is mandated by the
16physical safety of other residents, the facility staff, or
17facility visitors, as documented in the clinical record. The
18Department and the State Long Term Care Ombudsman shall be
19notified prior to any such involuntary transfer or discharge.
20The Department shall immediately offer transfer, or discharge
21and relocation assistance to residents transferred or
22discharged under this subparagraph (b), and the Department may
23place relocation teams as provided in Section 3-419 of this



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2    (c) When an identified offender is within the provisional
3admission period defined in Section 1-120.3. If the Identified
4Offender Report and Recommendation prepared under Section
52-201.6 shows that the identified offender poses a serious
6threat or danger to the physical safety of other residents,
7the facility staff, or facility visitors in the admitting
8facility and the facility determines that it is unable to
9provide a safe environment for the other residents, the
10facility staff, or facility visitors, the facility shall
11transfer or discharge the identified offender within 3 days
12after its receipt of the Identified Offender Report and
14(Source: P.A. 96-1372, eff. 7-29-10.)
15    (210 ILCS 45/3-403)  (from Ch. 111 1/2, par. 4153-403)
16    Sec. 3-403. The notice required by Section 3-402 shall be
17on a form prescribed by the Department and shall contain all of
18the following:
19    (a) The stated reason for the proposed transfer or
21    (b) The effective date of the proposed transfer or
23    (c) A statement in not less than 12-point type, which
24reads: "You have a right to appeal the facility's decision to
25transfer or discharge you. If you think you should not have to



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1leave this facility, you may file a request for a hearing with
2the Department of Public Health within 10 days after receiving
3this notice. If you request a hearing, it will be held not
4later than 10 days after your request, and you generally will
5not be transferred or discharged during that time. If the
6decision following the hearing is not in your favor, you
7generally will not be transferred or discharged prior to the
8expiration of 30 days following receipt of the original notice
9of the transfer or discharge. A form to appeal the facility's
10decision and to request a hearing is attached. If you have any
11questions, call the Department of Public Health or the State
12Long Term Care Ombudsman at the telephone numbers number
13listed below.";
14    (d) A hearing request form, together with a postage paid,
15preaddressed envelope to the Department; and
16    (e) The name, address, and telephone number of the person
17charged with the responsibility of supervising the transfer or
19(Source: P.A. 81-1349.)
20    (210 ILCS 45/3-405)  (from Ch. 111 1/2, par. 4153-405)
21    Sec. 3-405. A copy of the notice required by Section 3-402
22shall be placed in the resident's clinical record and a copy
23shall be transmitted to the Department, the State Long Term
24Care Ombudsman, the resident, and the resident's



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