Illinois Administrative Code
Title 77 - PUBLIC HEALTH
Part 295 - ASSISTED LIVING AND SHARED HOUSING ESTABLISHMENT CODE
Subpart B - POLICIES
Section 295.2010 - Termination of Residency
Universal Citation: 77 IL Admin Code ยง 295.2010
Current through Register Vol. 48, No. 12, March 22, 2024
a) Voluntary termination of residency
1) A
resident or resident's representative may terminate residency immediately after
notice to the establishment due to any of the following: neglect, abuse,
financial exploitation or imminent danger of life, health, or safety that is
caused by the establishment.
2)
Upon a resident's death and removal of the resident's property from the unit,
the lease agreement shall terminate.
3) A resident or resident's representative
may terminate residency by providing 30 day's written notice to the
licensee.
b) Involuntary termination of residency
1) Residency shall
be involuntarily terminated only for the following reasons:
A) as provided in Section 75 of the Act and
Section
295.2000
(Residency Requirements) of this Part;
B) nonpayment of contracted charges after the
resident and the resident's representative have received a minimum of 30 days
written notice of the delinquency and the resident or the resident's
representative has had at least 15 days to cure the delinquency; or
C) failure to execute a service delivery
contract or to substantially comply with its terms and conditions, failure to
comply with the assessment requirements contained in Section 15 of the Act, or
failure to substantially comply with the terms and conditions of the lease
agreement. (Section 80(a) of the Act)
2) A 30 day written notice of involuntary
residency termination shall be provided to the resident, the resident's
representative, or both, and the ombudsman. (Section 80(b) of the
Act)
3) The notice shall be on a
form prescribed by the Department and shall contain all of the following:
A) The stated reason for the residency
termination;
B) The proposed date
of the residency termination;
C) A
statement of the resident's right to appeal;
D) The steps that the resident or the
resident's representative must take to initiate an appeal;
E) A statement of the resident's right to
continue to reside in the establishment until a decision is rendered;
F) A toll free telephone number to initiate
an appeal;
G) A written hearing
request form, together with a postage paid, pre-addressed envelope to the
Department; and (Section 80(b) of the Act)
H) The name, address, and telephone number of
the person at the establishment offering relocation assistance pursuant to
subsection (b)(1).
4) If
the resident or the resident's representative, if any, cannot read English, the
notice must be provided in a language the individual receiving the notice can
read or the establishment must provide a translator who has been trained to
assist the resident or the resident's representative in the appeal process.
(Section 80(b) of the Act)
5) In
emergency situations as defined in Section
295.200 of this Part,
the 30-day provision of the written notice may be waived. (Section 80(b) of the
Act)
6) The establishment shall
attempt to resolve with the resident or the resident's representative, if any,
circumstances that if not remedied have the potential of resulting in an
involuntary termination of residency and shall document those efforts in the
resident's file. This action may occur prior to or during the 30 day notice
period, but must occur prior to the termination of the residency. In emergency
situations, the requirements of this subsection may be waived. (Section 80(c)
of the Act)
7) A request for a
hearing shall stay an involuntary termination of residency until a decision has
been rendered by the Department in accordance with the Department's Rules of
Practice and Procedure in Administrative Hearings (77 Ill. Adm. Code 100),
except as otherwise provided in this Part. During this time period, the
establishment may not terminate or reduce any service for the purpose of making
it more difficult or impossible for the resident to remain in the
establishment. (Section 80(d) of the Act)
8) The only issues to be considered at the
involuntary termination of residency hearing are whether one or more of the
statutory reasons exist for involuntary termination; whether the establishment
has followed the proper involuntary termination procedures; and whether the
establishment has attempted to resolve the circumstances leading to an
involuntary termination.
9) The
establishment shall offer the resident and the resident's representative, if
any, residency termination and relocation assistance including information on
available alternative placement. Residents shall be involved in planning the
move and shall choose among the available alternative placements except when an
emergency situation makes prior resident involvement impossible. Emergency
placements are deemed temporary until the resident's input can be sought in the
final placement decision. No resident shall be forced to remain in a temporary
or permanent placement. (Section 80(e) of the Act)
10) The Department may offer assistance to
the establishment and the resident in the preparation of residency termination
and relocation plans to assure safe and orderly transition and to protect the
resident's health, safety, welfare, and rights. In nonemergencies, and where
possible in emergencies, the transition plan shall be designed and implemented
in advance of transfer or residency termination. (Section 80(f) of the
Act)
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