Ill. Admin. Code tit. 89, § 146.255 - Discharge
a) If a resident
does not meet the terms for occupancy as stated in the resident contract, the
SLF shall not commence involuntary discharge until the SLF has discussed the
reasons for involuntary discharge with the resident and his or her designated
representative. Documentation of the discussion shall be placed in the
resident's record.
b) The SLF shall
provide a resident with a 30-day written notice of proposed involuntary
discharge unless such a delay might jeopardize the health, safety, and
well-being of the resident or others. A copy of the notice required by this
subsection (b) shall be placed in the resident's record and a copy shall be
transmitted to the resident and the resident's designated representative. The
notice shall be on a form prescribed by the Department and shall contain all of
the following:
1) The stated reason for the
proposed discharge;
2) The
effective date of the proposed discharge;
3) A statement in not less than 14-point type
that reads: "You have a right to appeal the SLF's decision to discharge you.
You may file a request for a hearing with the Department within ten days after
receiving this notice. If you request a hearing, you will not be discharged
during that time unless you are unsafe to yourself or others and the SLF has
given you a notice for an emergency discharge. If the SLF has not given you a
notice for an emergency discharge, and if the decision following the hearing is
not in your favor, you will not be discharged prior to the tenth day after
receipt of the Department's hearing decision unless you are unsafe to yourself
or others. If the SLF provided you with a notice of emergency discharge, and
the decision following the hearing is in your favor, you will be entitled to
readmission to the SLF upon the first available apartment. A form to appeal the
SLF's decision and to request a hearing is attached. If you have any questions,
call the Department at the telephone number listed below.";
4) A hearing request form, together with a
postage paid, preaddressed envelope to the Department; and
5) The name, address, and telephone number of
the person charged with the responsibility of supervising the
discharge.
c) The SLF
shall prepare plans to ensure safe and orderly involuntary discharge and
protect resident health, safety, welfare and rights.
d) A resident may be involuntarily discharged
only if one or more of the following occurs:
1) He or she poses an immediate threat to
self or others.
2) He or she needs
mental health services to prevent harm to self or others.
3) He or she has breached the conditions of
the resident contract.
4) The SLF
has had its certification terminated, suspended, not renewed, or has
voluntarily surrendered its certification.
5) The SLF cannot meet the resident's needs
with available support services.
6)
The resident has received proper notice of failure to pay from the SLF. The
resident shall have the right to make full payment up to the date that the
discharge is to be made and then shall have the right to remain in the SLF.
This subsection (d)(6) does not apply to Medicaid-eligible residents when the
failure to pay relates to the Medicaid payment.
7) The resident exceeds the SLF's policy for
what constitutes a temporary absence from the SLF. A temporary absence shall
not be considered a basis for an involuntary discharge of a Medicaid-eligible
resident until the Department has stopped payment pursuant to Section
146.225(f).
e) The 30-day notice required
under subsection (b) of this Section shall not apply in either of the following
instances; however, a notice and right to appeal information must still be
provided when an immediate discharge is required:
1) When an emergency discharge is mandated by
the resident's health care or mental health needs as documented in the resident
record. The SLF may consult with the attending physician for additional support
on the emergency discharge.
2) When
the discharge is mandated to ensure the physical safety of the resident and
other residents as documented in the resident record.
f) If the resident submits a request for
hearing under subsection (b) of this Section, the involuntary discharge shall
be stayed pending a hearing or appeal of the decision, unless the discharge is
a result of a condition allowing a discharge in less than 30 days as described
under subsections (e)(1) and (2) of this Section.
g) In determining whether an involuntary
discharge is justified, the burden of proof in the hearing rests with the
entity requesting the discharge.
h)
If the Department determines that an involuntary discharge is justified under
subsection (d) of this Section, the resident shall not be required to leave the
SLF before the tenth day after receipt of the Department's hearing decision
unless a condition which would have allowed discharge as described under
subsections (e)(1) and (2) of this Section develops in the interim.
i) The SLF shall offer relocation assistance
to residents involuntarily discharged under this Section, including information
on available alternative placements. A resident or his or her designated
representative shall be involved in planning the discharge and shall choose
among the available alternative placements. Where an emergency makes prior
resident involvement impossible, the SLF may arrange for a temporary placement
until a final placement can be arranged. The SLF may offer assistance in
relocating from a temporary to a final placement.
j) When a resident discharges on a voluntary
basis, he or she shall provide the SLF with 30 days written notice of intent to
discharge, except where a delay would jeopardize the health, safety, and
well-being of the resident or others.
k) The Department may discharge any resident
from an SLF when any of the following conditions exist:
1) The Department has terminated or suspended
the SLF certification.
2) The SLF
is closing or surrendering its certification and arrangement for relocation of
the resident has not been made at least 30 days prior to closure or
surrender.
3) The Department
determines that an emergency exists which requires immediate discharge of the
resident.
l) In cases of
discharge under subsection (d) or (k) of this Section, the resident is no
longer bound by the resident contract.
Notes
Amended at 33 Ill. Reg. 11803, effective August 1, 2009
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