All Roll Calls
Yes: 180 • No: 0
IllinoisHB1597104th General Assembly (2025–2026)House
FACILITY-TRANSFER & DISCHARGE
Sponsored By: Sponsor information unavailable
Signed by Governor
Summary
Amends the Assisted Living and Shared Housing Act. Makes changes to assessments for admission to establishments and service plan requirements. Requires an establishment to notify the resident and the resident's representative when there is a significant change in the resident's condition that affects the establishment's ability to meet the resident's needs. Prohibits an establishment from terminating or reducing any service without the consent of the resident or the resident's representative for the purpose of making it more difficult or impossible for the resident to remain in the establishment. Adds new requirements for establishments and the Department of Public Health regarding the involuntary termination of residency. Provides that a resident has the right to not be unlawfully transferred or discharged. Makes other changes. Amends the Nursing Home Care Act. Prohibits a resident from being transferred or discharged in violation of the Act. Provides that a resident has the right not to be unlawfully transferred or discharged. Provides for the assessment of a $2,500 fine for a facility that fails to comply with an order to readmit a resident who wishes to return to the facility and is appropriate for that level of care and services provided. Requires a facility that complies with an order to readmit a resident that has been deemed to have been unlawfully discharged to notify the Department within 10 business days after the resident has been readmitted to the facility. Provides that a facility may involuntarily transfer or discharge a resident because the facility is unable to meet the medical needs of the resident, as documented in the resident's clinical record by the resident's physician. Provides that the Department maintains jurisdiction over the transfer or discharge irrespective of the timing of the notice and discharge. Provides that if the Department determines that a transfer or discharge is not authorized, then the Department shall issue a written decision stating that the transfer or discharge is denied. Makes other changes. Effective immediately.
human servicesassignmentshealth and human services
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Bill Overview
Analyzed Economic Effects
8 provisions identified: 8 benefits, 0 costs, 0 mixed.
Assisted-living residents gain safeguards against forced moves
Beginning January 1, 2026, assisted-living establishments must notify residents and any representatives when major condition changes affect their ability to provide care. Involuntary termination rules then apply. Written termination notices must also reach the Illinois Department of Public Health, alongside the resident or representative and long-term care ombudsman. While a requested hearing pauses termination and no decision has been issued, establishments cannot cut services to force residents out without resident or representative consent. Assisted-living and shared-housing residents can stay when the establishment withdraws its involuntary termination notice.
Clearer care plans and resident rights
Beginning January 1, 2026, assisted-living assessments must recognize an Alzheimer’s or related dementia diagnosis as a significant change. Care plans must reflect residents’ interests, preferences, dislikes, and known triggers for behavior that endangers anyone. Providers, residents, and any representatives must agree on plans; residents or representatives can request plans and specified assessments. Residents or courts can name representatives in writing; provider owners, agents, or employees qualify only when related to the resident. Assisted-living and shared-housing contracts must include the state ombudsman’s explanation of covered rights and say signing does not waive them. Residents in these settings and nursing homes have an express right against unlawful transfers or discharges.
More options for staying in assisted living
Beginning January 1, 2026, people needing catheter insertion, sterile irrigation, or replacement can enter or remain in assisted living. A nurse must meet required education, certification, and training standards, with oversight from an infection preventionist or infection control committee. An establishment cannot start an emergency termination when it can safely provide care and either of two safeguards applies. One requires the resident’s physician, manager, and nursing director to state that returning after hospitalization poses no imminent danger of death or serious physical harm. The other allows changes within the establishment’s license and services to address the emergency. The health department cannot cite the establishment for not starting an emergency discharge in these cases.
Nursing-home hearings pause transfers and discharges
Beginning January 1, 2026, a requested nursing-home hearing pauses both transfer and discharge while the hearing or appeal is pending. A newly arising emergency health or physical-safety condition can permit a move in less than 30 days. For cases outside specified Medicaid actions, the department must hold an on-site hearing within 10 days of the request and decide within 14 days. Residents generally cannot be required to leave before the later of day 34 after notice or day 10 after the decision. The department keeps authority despite missed deadlines and must hold a requested hearing unless the resident withdraws it. A facility faces a $2,500 fine if it still denies return after a readmission promise led the resident to withdraw.
Nursing-home residents gain protection when returning
Beginning January 1, 2026, nursing homes cannot refuse return from medical leave when care needs fit their license and current services. Another lawful transfer or discharge reason can still apply, and facilities must follow notice and other required procedures. When the health department finds an unauthorized denial of return after hospitalization, medical leave, or another absence, it must order immediate readmission. The facility must comply immediately. A surveyor must check compliance unless the resident or representative confirms in writing that the order was followed.
Nursing-home residents get stronger discharge safeguards
Beginning January 1, 2026, ordinary written notice before an involuntary nursing-home transfer or discharge increases from 21 to 30 days. A required discussion must also occur; exceptions remain for emergency health needs, physical safety, and identified offenders. Medical transfers or discharges require the resident’s physician to document that the facility cannot meet the resident’s medical needs. Before a move required for others’ physical safety, facilities must document the reason and notify the health department and state long-term care ombudsman. They must also notify the resident’s managed care organization, if applicable. Required transfer or discharge notices must also go to any resident representative and managed care organization.
Wrongfully excluded assisted-living residents can return
Beginning January 1, 2026, the health department must order immediate readmission after finding an unlawful termination based on denied return after an absence. This covers hospitalization, medical leave, and other absences, unless a valid transfer or discharge reason develops in the meantime. The establishment must immediately house the resident or agree with the resident on a return schedule. Failure to obey brings a fine and an acceptable correction plan due within 30 days after the violation is affirmed. The same fine applies when an establishment breaks a readmission promise that led the resident to withdraw an appeal.
Stronger enforcement protects nursing-home residents after readmission
Beginning January 1, 2026, nursing homes face a $2,500 fine for failing to obey a health department readmission order. The resident must want to return and fit the facility’s care level; compliance means living there or agreeing on a return schedule. After complying with an order following unlawful discharge, facilities must notify the department within 10 business days and provide discharge records and safety concerns. They must reassess the resident, identify care-plan changes, and describe steps to address the cause of discharge. If similar conduct recurs, the department must consider the facility’s required notice when deciding whether to fine it. State laws or agency rules can also designate violations as high-risk when the requirements are vital to residents’ health, safety, and welfare.
Sponsors & Cosponsors
Sponsors
There is no primary sponsor on record.
Cosponsors
Anne Stava
Democratic • House
Hoan Huynh
Democratic • House
Kimberly A. Lightford
Democratic • Senate
Nicolle Grasse
Democratic • House
Norma Hernandez
Democratic • House
Roll Call Votes
Senate vote • 5/22/2025
Third Reading - Passed;
Yes: 58 • No: 0
Senate vote • 4/30/2025
Do Pass Health and Human Services;
Yes: 8 • No: 0
House vote • 4/7/2025
Third Reading - Short Debate - Passed
Yes: 102 • No: 0
House vote • 3/19/2025
Do Pass as Amended / Short Debate Human Services Committee;
Yes: 12 • No: 0
Actions Timeline
Public Act . . . . . . . . . 104-0191
8/15/2025HouseEffective Date January 1, 2026
8/15/2025HouseGovernor Approved
8/15/2025HouseSent to the Governor
6/20/2025HousePassed Both Houses
5/22/2025HouseThird Reading - Passed; 058-000-000
5/22/2025SenatePlaced on Calendar Order of 3rd Reading **
5/20/2025SenatePlaced on Calendar Order of 3rd Reading May 8, 2025
5/7/2025SenateSecond Reading
5/7/2025SenatePlaced on Calendar Order of 2nd Reading May 1, 2025
4/30/2025SenateDo Pass Health and Human Services; 008-000-000
4/30/2025SenateAdded Co-Sponsor Rep. Hoan Huynh
4/25/2025HouseAssigned to Health and Human Services
4/23/2025SenateReferred to Assignments
4/14/2025SenateFirst Reading
4/14/2025SenateChief Senate Sponsor Sen. Kimberly A. Lightford
4/14/2025SenatePlaced on Calendar Order of First Reading April 9, 2025
4/8/2025SenateArrive in Senate
4/8/2025SenateAdded Co-Sponsor Rep. Norma Hernandez
4/7/2025HouseAdded Co-Sponsor Rep. Nicolle Grasse
4/7/2025HouseThird Reading - Short Debate - Passed 102-000-000
4/7/2025HousePlaced on Calendar Order of 3rd Reading - Short Debate
3/26/2025HouseSecond Reading - Short Debate
3/26/2025HousePlaced on Calendar 2nd Reading - Short Debate
3/19/2025HouseDo Pass as Amended / Short Debate Human Services Committee; 012-000-000
3/19/2025House
Bill Text
Engrossed
Enrolled
House Amendment 1
Introduced
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