Ill. Admin. Code tit. 77, § 300.3300 - Transfer or Discharge
a)
A resident may be discharged from a facility after the
resident gives the administrator , a physician , or a nurse of the
facility written notice of their desire to be discharged. If a
guardian has been appointed for a resident or if the resident is a minor, the
resident shall be discharged upon written consent of their
guardian or if the resident is a minor, their parent
unless there is a court order to the contrary. In such cases, upon the
resident 's discharge , the facility is relieved from any responsibility for the
resident 's care, safety or well-being. (Section 2-111 of the
Act )
b) Each resident 's rights
regarding involuntary transfer or discharge from a facility shall be as
described in subsections (c) through (y) of this Section.
c) Reasons for Transfer or Discharge
1)
A facility may involuntarily
transfer or discharge a resident only for one or more of the following
reasons:
A)
for medical
reasons;
B)
for
the resident 's physical safety;
C)
for the physical safety of other
residents, the facility staff or facility visitors; or
D)
for either late payment or
nonpayment for the resident 's stay, except as prohibited by Titles XVIII and
XIX of the federal Social Security Act . For purposes of this Section, "late
payment" means non-receipt of payment after submission of a bill. If payment is
not received within 45 days after submission of a bill, a facility may send a
notice to the resident and responsible party requesting payment within 30 days.
If payment is not received within such 30 days, the facility may thereupon
institute transfer or discharge proceedings by sending a notice of transfer or
discharge to the resident and responsible party by registered or certified
mail. The notice shall state, in addition to the requirements of Section 3-403
of the
Act and subsection (e) of this Section,
that the responsible party has the right to pay the amount of the bill
in full up to the date the transfer or discharge is to be made and then the
resident shall have the right to remain in the facility . Such payment shall
terminate the transfer or discharge proceedings. This subsection
(c)does not apply to those residents whose care is provided under the
Illinois Public Aid Code. (Section 3-401 of the Act )
2) Prohibition of Discrimination
A)
A facility participating in the
Medical Assistance Program is prohibited from failing or refusing to retain as
a resident any person because the resident is a recipient of
or an applicant for the Medical Assistance Program. (Section
3-401.1(a) of the Act ) For the purposes of Section 3-401.1 of
the Act , a recipient or applicant shall be considered a resident in the
facility during any hospital stay totaling 10 days or less following a hospital
admission. (Section 3-401.1(a-10) of the Act ) The day on which a
resident is discharged from the facility and admitted to the hospital shall be
considered the first day of the 10-day period.
B)
A facility which violates
subsection (c)(2)(A) of this Section shall be guilty of a business
offense and fined not less than $500 nor more than $1,000 for the first offense
and not less than $1,000 nor more than $5,000 for each subsequent
offense. (Section 3-401.1(b) of the Act )
d)
Involuntary transfer or discharge
of a resident from a facility shall be preceded by the discussion required
under subsection (j) of this Section and by a minimum written
notice of 21 days, except in one of the following instances:
1)
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 ; (Section
3-402(a) of the Act )
2)
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 will immediately offer transfer , or discharge and
relocation assistance to residents transferred or discharged under
this subsection (d)(2), and the Department may place
relocation teams as provided in Section 3-419 of the
Act ; or (Section 3-402(b) of the Act )
3)
When an identified offender is
within the provisional admission period defined in Section 1-120.3 of
the Act and Section 300.330 of this Part. If
the Identified Offender Report and Recommendation prepared under Section
2-201.6 of the Act 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. (Section
3-402(c) of the Act )
e)
For transfer or discharge made under subsection (d), the notice of transfer or
discharge shall be made as soon as practicable before the transfer or
discharge . The notice required by subsection (d) of
this Section shall be on a form prescribed by the Department and shall contain
all of the following:
1)
The
stated reason for the proposed transfer or discharge ; (Section
3-403(a) of the Act )
2)
The
effective date of the proposed transfer or discharge ; (Section
3-403(b) of the Act )
3)
A
statement in not less than 12-point type, which reads:
"You have a right to appeal the
4)
A hearing
request form, together with a postage paid, preaddressed envelope to the
Department ; and (Section 3-403(d) of the Act )
5)
The name, address, and telephone
number of the person charged with the responsibility of supervising the
transfer or discharge . (Section 3-403(e) of the
Act )
f)
A request
for a hearing made under subsection (e) of this Section and Section
3-403 of the Act shall stay a transfer pending a hearing or appeal of
the decision, unless a condition which would have allowed transfer or discharge
in less than 21 days as described under subsections (d)(1) and (2) of
this Section develops in the interim. (Section 3-404 of the
Act )
g)
A copy of the
notice required by subsection (d)(1) of this Section and
Section 3-402 of the Act 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 . (Section 3-405 of the Act )
h)
When the basis for an involuntary
transfer or discharge is the result of an action by the Department of
Healthcare and Family Services with respect to a recipient of Title XIX and a
hearing request is filed with the Department of Healthcare and Family Services,
the 21-day written notice period shall not begin until a final decision in the
matter is rendered by the Department of Healthcare and Family Services or a
court of competent jurisdiction and notice of that final decision is received
by the resident and the facility . (Section 3-406 of the Act )
i)
When nonpayment is the basis for
involuntary transfer or discharge , the resident shall have the right to redeem
up to the date that the discharge or transfer is to be made and then shall have
the right to remain in the facility . (Section 3-407 of the
Act )
j)
The planned
involuntary transfer or discharge shall be discussed with the resident , the
resident's representative and person or agency responsible for the resident 's
placement, maintenance , and care in the facility . The explanation and
discussion of the reasons for involuntary transfer or discharge shall include
the facility administrator or other appropriate facility representative as the
administrator 's designee . The content of the discussion and explanation shall
be summarized in writing and shall include the names of the individuals
involved in the discussions and made a part of the resident 's clinical
record. (Section 3-408 of the Act )
k)
The facility shall offer the
resident counseling services before the transfer or discharge of the
resident . (Section 3-409 of the Act )
l)
A resident subject to involuntary
transfer or discharge from a facility , the resident 's guardian or if the
resident is a minor, the resident 's, shall have the
opportunity to file a request for a hearing with the Department within 10 days
following receipt of the written notice of the involuntary transfer or
discharge by the facility . (Section 3-410 of the Act )
m)
The Department of Public Health ,
when the basis for involuntary transfer or discharge is other than action by
the Department of Healthcare and Family Services with respect to the Title XIX
Medicaid recipient, shall hold a hearing at the resident 's facility not later
than 10 days after a hearing request is filed, and render a decision within 14
days after the filing of the hearing request. (Section 3-411 of the
Act )
n)
The hearing before
the Department provided under subsection (m) of this Section
shall be conducted as prescribed under Section 3-703 of the
Act . In determining whether a transfer or discharge is authorized, the
burden of proof in this hearing rests on the person requesting the transfer or
discharge . (Section 3-412 of the Act )
o)
If the Department determines that
a transfer or discharge is authorized under subsection (c) of this
Section, the resident shall not be required to leave the facility
before the 34th day following receipt of the notice required under
subsection (d) of this Section, or the 10th day following receipt of
the Department 's decision, whichever is later, unless a condition which would
have allowed transfer or discharge in less than 21 days as described
under subsections (d)(1) and (2) of thisSection develops in
the interim. (Section 3-413 of the Act )
p)
The Department of Healthcare and
Family Services shall continue Title XIX Medicaid funding during the appeal,
transfer , or discharge period for those residents who are Title XIX recipients
affected by subsection (c) of this Section. (Section
3-414 of the Act )
q)
The
Department will
transfer or discharge any resident from any
facility required to be licensed under the Act and this Part
when any of the following conditions exist:
1) The
facility is operating without
a license ; (Section 3-415(a) of the Act )
2)
The Department has suspended,
revoked or refused to renew the license of the facility as provided under
Section 3-119 of the Act . (Section 3-415(b) of the
Act )
3)
The facility has
requested the aid of the Department in the transfer or discharge of the
resident and the Department finds that the resident consents to transfer or
discharge ; (Section 3-415(c) of the Act )
4)
The facility is closing or intends
to close and adequate arrangement for relocation of the resident has not been
made at least 30 days prior to closure; or (Section 3-415(d) of the
Act )
5)
The Department
determines that an emergency exists which requires immediate transfer or
discharge of the resident . (Section 3-415(e) of the
Act )
r)
In
deciding to transfer or discharge a resident from a facility under
subsection (q) of this Section, the Department will
consider the likelihood of serious harm which may result if the
resident remains in the facility . (Section 3-416 of the Act )
s)
The Department will
offer transfer or discharge and relocation assistance to residents
transferred or discharged under subsections (c) through (q) of this
Section, including information on available alternative placements.
Residents shall be involved in planning the transfer or discharge and shall
choose among the available alternative placements, except that where an
emergency makes prior resident involvement impossible, the Department
will make a temporary placement until a final placement can be
arranged. Residents may choose their final alternative placement and shall be
given assistance in transferring to such place. No resident shall
be forced to remain in a temporary or permanent placement.
When the Department makes or participates in making the relocation
decision, consideration shall be given to proximity to the resident 's relatives
and friends. The resident shall be allowed 3 visits to potential alternative
placements prior to removal, except where medically contraindicated or where
the need for immediate transfer or discharge requires reduction in the number
of visits. When the Department provides information on available alternative
placements in community-based settings for individuals being discharged or
transferred from facilities licensed under the
Act , the
information must include a comprehensive list of a range of appropriate ,
client-oriented services and the name of and contact information for the ADA
coordinator in the relocation locale. The comprehensive list must include the
name and contact information for each agency or organization providing those
services and a summary of the services provided by each agency or organization.
A hotline or similar crisis telephone number must also be provided to
individuals relocating into the community. (Section 3-417 of the
Act )
t)
The
Department will prepare resident transfer or discharge plans
to assure safe and orderly removals and protect residents' health, safety,
welfare and rights. In nonemergencies and where possible in emergencies, the
Department will design and implement such plans in advance of
transfer or discharge . (Section 3-418 of the Act )
u)
The Department will
place relocation teams in any facility from which residents are being
discharged or transferred for any reason, for the purpose of implementing
transfer or discharge plans. (Section 3-419 of the Act )
v)
In any transfer or discharge
conducted under subsections (q) through (t) of this Section
the Department will:
1)
Provide written notice to the
facility prior to the transfer or discharge . The notice will
state the basis for the order of transfer or discharge and
will inform the facility of its right to an informal conference prior
to transfer or discharge under this Section, and its right to a subsequent
hearing under subsection (x) of this Section. If a facility
desires to contest a nonemergency transfer or discharge , prior to transfer or
discharge it shall, within four working days after receipt of the notice, send
a written request for an informal conference to the Department . The
Department will, within four working days from the receipt of
the request, hold an informal conference in the county in which the facility is
located. Following this conference, the Department will
affirm, modify or overrule its previous decision. Except in an
emergency , transfer or discharge shall not begin until the
period for requesting a conference has passed or, if a conference is requested,
until after a conference has been held; and (Section 3-420(a) of the
Act )
2)
Provide written
notice to any resident to be removed, to the resident's representative , if any,
and to a member of the resident 's family, where practicable, prior to the
removal. The notice will state the reason for which transfer
or discharge is ordered and will inform the resident of the
resident 's right to challenge the transfer or discharge under
subsection (x) of this Section. The Department will
hold an informal conference with the resident or the resident's
representative prior to transfer or discharge at which the resident or the
representative may present any objections to the proposed transfer or discharge
plan or alternative placement. (Section 3-420(b) of the Act )
w)
In any transfer or
discharge conducted under subsection (q)(5) of this Section,
the Department will notify the facility and any resident to be
removed that an emergency has been found to exist and removal has been ordered,
and will involve the residents in removal planning if
possible. With the consent of the resident or the
resident 'srepresentative, the facility must inform the resident 's
designated care coordination unit , as defined in 89 Ill. Adm.
Code 240.260, of the resident 's
pending discharge and must provide the resident or the resident 's
representative with the care coordination unit 's
telephone number and other contact information. Following emergency removal,
the Department will provide written notice to the facility , to
the resident , to the resident's representative , if any, and to a member of the
resident 's family, where practicable, of the basis for the finding that an
emergency existed and of the right to challenge removal under
subsection (x) of this Section. (Section 3-421 of the Act )
x)
Within ten 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 of
the Act to challenge the transfer or discharge . The Department
will hold the hearing within 30 days after receipt of
the request.
The hearing will 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
will assist the resident in returning to the facility if assistance is
requested. (Section 3-422 of the Act )
y)
The administrator of a facility
licensed under the
Act shall give 60 days notice prior to
voluntarily closing a facility or closing any part of a facility , or prior to
closing any part of a facility if closing such part will require the transfer
or discharge of more than 10% of the residents. Such notice shall be given to
the Department , to the Office of State Long Term Care Ombudsman, to any
resident who must be transferred or discharged, to the resident's
representative , and to a member of the resident 's family, where practicable. If
the Department suspends, revokes, or denies renewal of the facility 's license ,
then notice shall be given no later than the date specified by the Department .
Notice shall state the proposed date of closing and the reason for closing. The
facility shall submit a closure plan to the Department for approval which shall
address the process for the safe and orderly transfer of residents. The
approved plan shall be included in the notice. The facility shall offer to
assist the resident in securing an alternative placement and shall advise the
resident on available alternatives. When the resident is
unable to choose an alternate placement and is not under guardianship, the
Department shall be notified of the need for relocation assistance. A facility
closing in its entirety shall not admit any new residents on or after the date
written notice is submitted to the Department under the Act and this
Part. The facility shall comply with all applicable laws and
regulations until the date of closing, including those related to transfer or
discharge of residents. The Department will place a relocation
team in the facility as provided under subsection (u) of this
Section. (Section 3-423 of the Act )
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.