Full Text of HB2619 103rd General Assembly
HB2619enr 103RD GENERAL ASSEMBLY |
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| 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 | 5 | | changing 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 | 8 | | resident from a facility
shall be preceded by the discussion | 9 | | required under Section 3-408 and by
a minimum written notice
| 10 | | of 21 days, except in one of the following instances: | 11 | | (a) When an emergency transfer or discharge is ordered
by | 12 | | the resident's attending physician because of the resident's | 13 | | health
care needs. The State Long Term Care Ombudsman shall be | 14 | | notified at the time of the emergency transfer or discharge. | 15 | | (b) When the transfer or discharge is mandated by the | 16 | | physical safety of
other residents, the facility staff, or | 17 | | facility visitors, as
documented in the clinical record.
The | 18 | | Department and the State Long Term Care Ombudsman shall be | 19 | | notified prior to any such involuntary transfer
or discharge. | 20 | | The Department shall immediately offer transfer, or discharge
| 21 | | and relocation assistance to residents transferred or | 22 | | discharged under this
subparagraph (b), and the Department may | 23 | | place relocation teams as
provided in Section 3-419 of this |
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| 1 | | Act. | 2 | | (c) When an identified offender is within the provisional | 3 | | admission period defined in Section 1-120.3. If the Identified | 4 | | Offender Report and Recommendation prepared under Section | 5 | | 2-201.6 shows that the identified offender poses a serious | 6 | | threat or danger to the physical safety of other residents, | 7 | | the facility staff, or facility visitors in the admitting | 8 | | facility and the facility determines that it is unable to | 9 | | provide a safe environment for the other residents, the | 10 | | facility staff, or facility visitors, the facility shall | 11 | | transfer or discharge the identified offender within 3 days | 12 | | after its receipt of the Identified Offender Report and | 13 | | Recommendation. | 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 | 17 | | on a form
prescribed by the Department and shall contain all of | 18 | | the following:
| 19 | | (a) The stated reason for the proposed transfer or | 20 | | discharge;
| 21 | | (b) The effective date of the proposed transfer or | 22 | | discharge;
| 23 | | (c) A statement in not less than 12-point type, which | 24 | | reads: "You
have a right to appeal the facility's decision to | 25 | | transfer or discharge
you. If you think you should not have to |
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| 1 | | leave this facility, you may
file a request for a hearing with | 2 | | the Department of Public Health within
10 days after receiving | 3 | | this notice. If you request a hearing, it will
be held not | 4 | | later than 10 days after your request, and you generally will
| 5 | | not be transferred or discharged during that time. If the | 6 | | decision
following the hearing is not in your favor, you | 7 | | generally will not be
transferred or discharged prior to the | 8 | | expiration of 30 days following
receipt of the original notice | 9 | | of the transfer or discharge. A form to
appeal the facility's | 10 | | decision and to request a hearing is attached. If
you have any | 11 | | questions, call the Department of Public Health or the State | 12 | | Long Term Care Ombudsman at the
telephone numbers number | 13 | | listed below.";
| 14 | | (d) A hearing request form, together with a postage paid,
| 15 | | preaddressed envelope to the Department; and
| 16 | | (e) The name, address, and telephone number of the person | 17 | | charged
with the responsibility of supervising the transfer or | 18 | | discharge.
| 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 | 22 | | shall be placed
in the resident's clinical record and a copy | 23 | | shall be transmitted to the
Department, the State Long Term | 24 | | Care Ombudsman, the resident, and the resident's | 25 | | representative.
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| 1 | | (Source: P.A. 97-820, eff. 7-17-12.)
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