Current through Register Vol. 48, No. 12, March 22, 2024
a) In
order to fulfill statutory directive as well as providing due process for
persons placed in licensed long-term care facilities, designated DLA staff
shall assure that requirements of the Mental Health and Developmental
Disabilities Code summarized in Section
125.40 and
of the Nursing Home Care Act are followed.
b) Consideration shall also be given to the
interests and the needs of the recipient and the capacity of the facility to
address those needs.
1) Out-of-region
placement of recipients is permissible and requires written approval between
the designated regional staff of the regions involved. Approval will be based
on criteria in Section
125.160(f)(1).
2) The Department shall not place discharged
recipients in facilities located outside of the State of Illinois unless
appropriate facilities are not available within the State, or if placement in a
contiguous state results in locating a recipient in a facility closer to home
or family.
3) When it becomes
necessary for arrangements to be made for placement in a state other than
Illinois, the designated DLA staff shall notify the appropriate regional
administrator who approves of the transfer based on criteria in Section
125.160(f)(1),
and who shall notify the Department's Interstate Services Branch.
4) The Department is responsible for
providing follow-up services to all recipients placed residentially in
out-of-state facilities and shall indicate the regional DLA plan how follow-up
services will be provided. A recipient cannot be placed in an out-of-state
facility if it is not licensed by the state in which the facility is located.
Subsequent to placement, if an appropriate facility within the State becomes
available at a distance equal to or closer to the recipient's home or family,
the recipient shall be returned and placed at this facility.
AGENCY NOTE: Three months after an out-of-state placement
has been made, the Department must send copies of visitation reports to the
recipient's parent(s), guardian or nearest responsible relative (see Section
15.1 of the Mental Health and Developmental Disabilities Administrative Act
[20 ILCS
1705/15.1
]).
