(210 ILCS 45/3-422) (from Ch. 111 1/2, par. 4153-422)
Sec. 3-422.
Within 10 days following transfer or discharge, the facility
or any resident transferred or discharged may send a written request to
the Department for a hearing under Section 3-703 to challenge the transfer
or discharge. The Department shall hold the hearing within 30 days of receipt
of the request. The hearing shall be held at the facility from which the
resident is being transferred or discharged, unless the resident or
resident's representative, requests an alternative hearing site. If the
facility prevails, it may file a claim against the State under the "Court
of Claims Act" for payments lost less expenses saved as a result of the
transfer or discharge. No resident transferred or discharged may be held
liable for the charge for care which would have been made had the resident
remained in the facility. If a resident prevails,
the resident may file a claim against the State under the "Court of Claims
Act" for any excess expenses directly caused by the order to transfer or
discharge. The Department shall assist the resident in returning to the
facility if assistance is requested.
(Source: P.A. 85-1378.)
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