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| Public Act 103-0320 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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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
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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
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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.)
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(210 ILCS 45/3-403) (from Ch. 111 1/2, par. 4153-403)
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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:
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(a) The stated reason for the proposed transfer or | ||
discharge;
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(b) The effective date of the proposed transfer or | ||
discharge;
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(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
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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.";
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(d) A hearing request form, together with a postage paid,
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preaddressed envelope to the Department; and
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(e) The name, address, and telephone number of the person | ||
charged
with the responsibility of supervising the transfer or | ||
discharge.
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(Source: P.A. 81-1349.)
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(210 ILCS 45/3-405) (from Ch. 111 1/2, par. 4153-405)
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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.
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(Source: P.A. 97-820, eff. 7-17-12.)
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