Public Act 103-0320
 
HB2619 EnrolledLRB103 29753 CPF 56159 b

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

Effective Date: 1/1/2024