Chapter 210 — HEALTH FACILITIES AND REGULATION

(210 ILCS 45/3-312) (from Ch. 111 1/2, par. 4153-312) Sec. 3-312. Prior to the issuance of a conditional license, the Department shall review and approve a written plan of correction. The Department shall specify the violations which prevent full licensure and shall establish a t…

(210 ILCS 45/3-313) (from Ch. 111 1/2, par. 4153-313) Sec. 3-313. Written notice of the decision to issue a conditional license shall be sent to the applicant or licensee together with the specification of all violations of this Act and the rules promulgated thereunder which prev…

(210 ILCS 45/3-315) (from Ch. 111 1/2, par. 4153-315) Sec. 3-315. If the applicant or licensee desires to contest the basis for issuance of a conditional license, or the terms of the plan of correction, the applicant or licensee shall send a written request for hearing to the Dep…

(210 ILCS 45/3-316) (from Ch. 111 1/2, par. 4153-316) Sec. 3-316. A conditional license shall be issued for a period specified by the Department, but in no event for more than one year. The Department shall periodically inspect any facility operating under a conditional license. …

(210 ILCS 45/3-318) (from Ch. 111 1/2, par. 4153-318) Sec. 3-318. (a) No person shall: (1) Intentionally fail to correct or interfere with the correction of a Type "AA", Type "A", or Type "B" violation within the time specified on the notice or approved plan of correction under t…

(210 ILCS 45/3-320) (from Ch. 111 1/2, par. 4153-320) Sec. 3-320. All final administrative decisions of the Department under this Act are subject to judicial review under the Administrative Review Law, as now or hereafter amended, and the rules adopted pursuant thereto. The term …

(210 ILCS 45/3-401) (from Ch. 111 1/2, par. 4153-401) Sec. 3-401. A facility may involuntarily transfer or discharge a resident only for one or more of the following reasons: (a) the facility is unable to meet the medical needs of the resident, as documented in the resident's cli…

(210 ILCS 45/3-401.1) (from Ch. 111 1/2, par. 4153-401.1) Sec. 3-401.1. (a) A facility participating in the Medical Assistance Program is prohibited from failing or refusing to retain as a resident any person because he or she is a recipient of or an applicant for the Medical Ass…

(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 30 days, except in one of the following instances:…

(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 t…

(210 ILCS 45/3-404) (from Ch. 111 1/2, par. 4153-404) Sec. 3-404. A request for a hearing made under Section 3-403 shall stay a transfer or discharge pending a hearing or appeal of the decision, unless a condition which would have allowed transfer or discharge in less than 30 day…

(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, the resident's r…

(210 ILCS 45/3-406) (from Ch. 111 1/2, par. 4153-406) Sec. 3-406. When the basis for an involuntary transfer or discharge is the result of an action by the Department of Healthcare and Family Services (formerly Department of Public Aid) with respect to a recipient of Title XIX an…

(210 ILCS 45/3-407) (from Ch. 111 1/2, par. 4153-407) Sec. 3-407. 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…

(210 ILCS 45/3-408) (from Ch. 111 1/2, par. 4153-408) Sec. 3-408. 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…

(210 ILCS 45/3-409) (from Ch. 111 1/2, par. 4153-409) Sec. 3-409. The facility shall offer the resident counseling services before the transfer or discharge of the resident. (Source: P.A. 81-223.)

(210 ILCS 45/3-410) (from Ch. 111 1/2, par. 4153-410) Sec. 3-410. A resident subject to involuntary transfer or discharge from a facility, the resident's guardian or if the resident is a minor, his parent shall have the opportunity to file a request for a hearing with the Departm…

(210 ILCS 45/3-411) (from Ch. 111 1/2, par. 4153-411) Sec. 3-411. 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 (formerly Department of Public Aid) with respect to the…

(210 ILCS 45/3-412) (from Ch. 111 1/2, par. 4153-412) Sec. 3-412. The hearing before the Department provided under Section 3-411 shall be conducted as prescribed under Section 3-703. In determining whether a transfer or discharge is authorized, the burden of proof in this hearing…

(210 ILCS 45/3-413) (from Ch. 111 1/2, par. 4153-413) Sec. 3-413. If the Department determines that a transfer or discharge is authorized under Section 3-401, the resident shall not be required to leave the facility before the 34th day following receipt of the notice required und…

(210 ILCS 45/3-413.1) Sec. 3-413.1. Denial of transfer or discharge. If the Department determines that a transfer or discharge is not authorized under Section 3-401, then the Department shall issue a written decision stating that the transfer or discharge is denied. If the action…

(210 ILCS 45/3-414) (from Ch. 111 1/2, par. 4153-414) Sec. 3-414. 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 Section 3-401…

(210 ILCS 45/3-415) (from Ch. 111 1/2, par. 4153-415) Sec. 3-415. The Department may transfer or discharge any resident from any facility required to be licensed under this Act when any of the following conditions exist: (a) Such facility is operating without a license; (b) The D…

(210 ILCS 45/3-416) (from Ch. 111 1/2, par. 4153-416) Sec. 3-416. In deciding to transfer or discharge a resident from a facility under Section 3-415, the Department shall consider the likelihood of serious harm which may result if the resident remains in the facility. (Source: P…

(210 ILCS 45/3-417) (from Ch. 111 1/2, par. 4153-417) Sec. 3-417. Transfer or discharge; alternative placements. The Department shall offer transfer or discharge and relocation assistance to residents transferred or discharged under Sections 3-401 through 3-415, including informa…

(210 ILCS 45/3-418) (from Ch. 111 1/2, par. 4153-418) Sec. 3-418. The Department shall 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,…

(210 ILCS 45/3-419) (from Ch. 111 1/2, par. 4153-419) Sec. 3-419. The Department may 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. (Source: P.A. 81-223.)…

(210 ILCS 45/3-420) (from Ch. 111 1/2, par. 4153-420) Sec. 3-420. In any transfer or discharge conducted under Sections 3-415 through 3-418 the Department shall: (a) Provide written notice to the facility prior to the transfer or discharge. The notice shall state the basis for th…

(210 ILCS 45/3-421) (from Ch. 111 1/2, par. 4153-421) Sec. 3-421. In any transfer or discharge conducted under subsection (e) of Section 3-415, the Department shall notify the facility and any resident to be removed that an emergency has been found to exist and removal has been o…

(210 ILCS 45/3-422) (from Ch. 111 1/2, par. 4153-422) Sec. 3-422. Within 10 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 to challenge the transfer or dis…

(210 ILCS 45/3-423) (from Ch. 111 1/2, par. 4153-423) Sec. 3-423. The administrator of a facility licensed under this 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 suc…

(210 ILCS 45/3-501) (from Ch. 111 1/2, par. 4153-501) Sec. 3-501. The Department may place an employee or agent to serve as a monitor in a facility or may petition the circuit court for appointment of a receiver for a facility, or both, when any of the following conditions exist:…

(210 ILCS 45/3-502) (from Ch. 111 1/2, par. 4153-502) Sec. 3-502. In any situation described in Section 3-501, the Department may place a qualified person to act as monitor in the facility. The monitor shall observe operation of the facility, assist the facility by advising it on…

(210 ILCS 45/3-503) (from Ch. 111 1/2, par. 4153-503) Sec. 3-503. Where a resident, a resident's representative or a resident's next of kin believes that an emergency exists each of them, collectively or separately, may file a verified petition to the circuit court for the county…

(210 ILCS 45/3-504) (from Ch. 111 1/2, par. 4153-504) Sec. 3-504. The court shall hold a hearing within 5 days of the filing of the petition. The petition and notice of the hearing shall be served on the owner, administrator or designated agent of the facility as provided under t…

(210 ILCS 45/3-505) (from Ch. 111 1/2, par. 4153-505) Sec. 3-505. If a petition filed under Section 3-503 alleges that the conditions set out in subsection 3-504 (d) exist within a facility, the court may set the matter for hearing at the earliest possible time. The petitioner sh…

(210 ILCS 45/3-506) (from Ch. 111 1/2, par. 4153-506) Sec. 3-506. The court may appoint any qualified person as a receiver, except it shall not appoint any owner or affiliate of the facility which is in receivership as its receiver. The Department shall maintain a list of such pe…

(210 ILCS 45/3-507) (from Ch. 111 1/2, par. 4153-507) Sec. 3-507. The receiver shall make provisions for the continued health, safety and welfare of all residents of the facility. (Source: P.A. 81-223.)

(210 ILCS 45/3-508) (from Ch. 111 1/2, par. 4153-508) Sec. 3-508. A receiver appointed under this Act: (a) Shall exercise those powers and shall perform those duties set out by the court. (b) Shall operate the facility in such a manner as to assure safety and adequate health care…

(210 ILCS 45/3-509) (from Ch. 111 1/2, par. 4153-509) Sec. 3-509. (a) A person who is served with notice of an order of the court appointing a receiver and of the receiver's name and address shall be liable to pay the receiver for any goods or services provided by the receiver af…

(210 ILCS 45/3-510) (from Ch. 111 1/2, par. 4153-510) Sec. 3-510. (a) A receiver may petition the court that he not be required to honor any lease, mortgage, secured transaction or other wholly or partially executory contract entered into by the owner of the facility if the rent,…

(210 ILCS 45/3-511) (from Ch. 111 1/2, par. 4153-511) Sec. 3-511. If funds collected under Sections 3-508 and 3-509 are insufficient to meet the expenses of performing the powers and duties conferred on the receiver or the monitor, or if there are insufficient funds on hand to me…

(210 ILCS 45/3-512) (from Ch. 111 1/2, par. 4153-512) Sec. 3-512. The court shall set the compensation of the receiver, which will be considered a necessary expense of a receivership under Section 3-516. (Source: P.A. 81-223.)

(210 ILCS 45/3-513) (from Ch. 111 1/2, par. 4153-513) Sec. 3-513. (a) In any action or special proceeding brought against a receiver in the receiver's official capacity for acts committed while carrying out powers and duties under this Article, the receiver shall be considered a …

(210 ILCS 45/3-514) (from Ch. 111 1/2, par. 4153-514) Sec. 3-514. Other provisions of this Act notwithstanding, the Department may issue a license to a facility placed in receivership. The duration of a license issued under this Section is limited to the duration of the receivers…

(210 ILCS 45/3-515) (from Ch. 111 1/2, par. 4153-515) Sec. 3-515. The court may terminate a receivership: (a) If the time period specified in the order appointing the receiver elapses and is not extended; (b) If the court determines that the receivership is no longer necessary be…

(210 ILCS 45/3-516) (from Ch. 111 1/2, par. 4153-516) Sec. 3-516. (a) Within 30 days after termination, the receiver shall give the court a complete accounting of all property of which the receiver has taken possession, of all funds collected, and of the expenses of the receivers…

(210 ILCS 45/3-517) (from Ch. 111 1/2, par. 4153-517) Sec. 3-517. Nothing in this Act shall be deemed to relieve any owner, administrator or employee of a facility placed in receivership of any civil or criminal liability incurred, or any duty imposed by law, by reason of acts or…

(210 ILCS 45/3-518) Sec. 3-518. Fines. Beginning January 15, 2014, and each January 15 thereafter, the Department shall submit to the General Assembly, the Department's Long-Term Care Facility Advisory Board, and the State Ombudsman an accounting of all federal and State fines re…

(210 ILCS 45/3-601) (from Ch. 111 1/2, par. 4153-601) Sec. 3-601. The owner and licensee are liable to a resident for any intentional or negligent act or omission of their agents or employees which injures the resident. (Source: P.A. 81-223.)