reglab/housing_qa huggingface dataset:
210 ILCS 46/3-408
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD Act.|Article III - Licensing, Enforcement, Violations, Penalties, and Remedies

Sec. 3-408. Discussion of planned transfer or discharge. 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. The explanation and discussion of the reasons for involuntary transfer or discharge shall include the facility administrator or other appropriate facility representative as the administrator's designee. The content of the discussion and explanation shall be summarized in writing and shall include the names of the individuals involved in the discussions and made a part of the resident's clinical record.    (Source: P.A. 99-180, eff. 7-29-15.)
210 ILCS 46/3-409
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD Act.|Article III - Licensing, Enforcement, Violations, Penalties, and Remedies

Sec. 3-409. Counseling services. The facility shall offer the resident counseling services before the transfer or discharge of the resident.    (Source: P.A. 99-180, eff. 7-29-15.)
210 ILCS 46/3-410
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD Act.|Article III - Licensing, Enforcement, Violations, Penalties, and Remedies

Sec. 3-410. Request for hearing on transfer or discharge. A resident subject to involuntary transfer or discharge from a facility, the resident's guardian or if the resident is a minor, his or her parent shall have the opportunity to file a request for a hearing with the Department within 10 days following receipt of the written notice of the involuntary transfer or discharge by the facility.     (Source: P.A. 99-180, eff. 7-29-15.)
210 ILCS 46/3-411
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD Act.|Article III - Licensing, Enforcement, Violations, Penalties, and Remedies

Sec. 3-411. Hearing; time. 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 with respect to the Title XIX Medicaid recipient, shall hold a hearing at the resident's facility not later than 10 days after a hearing request is filed, and render a decision within 14 days after the filing of the hearing request.    (Source: P.A. 99-180, eff. 7-29-15.)
210 ILCS 46/3-412
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD Act.|Article III - Licensing, Enforcement, Violations, Penalties, and Remedies

Sec. 3-412. Conduct of hearing. 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 rests on the person requesting the transfer or discharge.    (Source: P.A. 99-180, eff. 7-29-15.)
210 ILCS 46/3-413
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD Act.|Article III - Licensing, Enforcement, Violations, Penalties, and Remedies

Sec. 3-413. Time for leaving facility. 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 under Section 3-402, or the 10th day following receipt of the Department's decision, whichever is later, unless a condition which would have allowed transfer or discharge in less than 21 days as described under paragraphs (a) and (b) of Section 3-402 develops in the interim.     (Source: P.A. 99-180, eff. 7-29-15.)
210 ILCS 46/3-414
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD Act.|Article III - Licensing, Enforcement, Violations, Penalties, and Remedies

Sec. 3-414. Continuation of medical assistance funding. 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 recipients of assistance under Title XIX of the Social Security Act affected by Section 3-401.     (Source: P.A. 99-180, eff. 7-29-15.)
210 ILCS 46/3-415
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD Act.|Article III - Licensing, Enforcement, Violations, Penalties, and Remedies

Sec. 3-415. Transfer or discharge by Department; grounds. 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 Department has suspended, revoked or refused to renew the license of the facility as provided under Section 3-119;(c) The facility has requested the aid of the Department in the transfer or discharge of the resident and the Department finds that the resident consents to transfer or discharge;(d) The facility is closing or intends to close and adequate arrangement for relocation of the resident has not been made at least 30 days prior to closure; or(e) The Department determines that an emergency exists which requires immediate transfer or discharge of the resident.      (Source: P.A. 99-180, eff. 7-29-15.)
210 ILCS 46/3-416
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD Act.|Article III - Licensing, Enforcement, Violations, Penalties, and Remedies

Sec. 3-416. Transfer or discharge by Department; likelihood of serious harm. 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.A. 99-180, eff. 7-29-15.)
210 ILCS 46/3-417
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD Act.|Article III - Licensing, Enforcement, Violations, Penalties, and Remedies

Sec. 3-417. Relocation assistance. The Department shall offer transfer or discharge and relocation assistance to residents transferred or discharged under Sections 3-401 through 3-415, including information on available alternative placements. Residents shall be involved in planning the transfer or discharge and shall choose among the available alternative placements, except that where an emergency makes prior resident involvement impossible the Department may make a temporary placement until a final placement can be arranged. Residents may choose their final alternative placement and shall be given assistance in transferring to such place. No resident may be forced to remain in a temporary or permanent placement. Where the Department makes or participates in making the relocation decision, consideration shall be given to proximity to the resident's relatives and friends. The resident shall be allowed 3 visits to potential alternative placements prior to removal, except where medically contraindicated or where the need for immediate transfer or discharge requires reduction in the number of visits.     (Source: P.A. 99-180, eff. 7-29-15.)
210 ILCS 46/3-418
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD Act.|Article III - Licensing, Enforcement, Violations, Penalties, and Remedies

Sec. 3-418. Transfer or discharge plans. 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, the Department shall design and implement such plans in advance of transfer or discharge.     (Source: P.A. 99-180, eff. 7-29-15.)
210 ILCS 46/3-419
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD Act.|Article III - Licensing, Enforcement, Violations, Penalties, and Remedies

Sec. 3-419. Relocation teams. 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. 99-180, eff. 7-29-15.)
210 ILCS 46/3-420
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD Act.|Article III - Licensing, Enforcement, Violations, Penalties, and Remedies

Sec. 3-420. Transfer or discharge by Department; notice. In any transfer or discharge conducted under Sections 3-415 through 3-418 the Department shall do the following:(a) Provide written notice to the facility prior to the transfer or discharge. The notice shall state the basis for the order of transfer or discharge and shall inform the facility of its right to an informal conference prior to transfer or discharge under this Section, and its right to a subsequent hearing under Section 3-422. If a facility desires to contest a nonemergency transfer or discharge, prior to transfer or discharge it shall, within 4 working days after receipt of the notice, send a written request for an informal conference to the Department. The Department shall, within 4 working days from the receipt of the request, hold an informal conference in the county in which the facility is located. Following this conference, the Department may affirm, modify or overrule its previous decision. Except in an emergency, transfer or discharge may not begin until the period for requesting a conference has passed or, if a conference is requested, until after a conference has been held.(b) Provide written notice to any resident to be removed, to the resident's representative, if any, and to a member of the resident's family, where practicable, prior to the removal. The notice shall state the reason for which transfer or discharge is ordered and shall inform the resident of the resident's right to challenge the transfer or discharge under Section 3-422. The Department shall hold an informal conference with the resident or the resident's representative prior to transfer or discharge at which the resident or the representative may present any objections to the proposed transfer or discharge plan or alternative placement.      (Source: P.A. 99-180, eff. 7-29-15.)
210 ILCS 46/3-421
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD Act.|Article III - Licensing, Enforcement, Violations, Penalties, and Remedies

Sec. 3-421. Notice of emergency. 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 ordered, and shall involve the residents in removal planning if possible. Following emergency removal, the Department shall provide written notice to the facility, to the resident, to the resident's representative, if any, and to a member of the resident's family, where practicable, of the basis for the finding that an emergency existed and of the right to challenge removal under Section 3-422.     (Source: P.A. 99-180, eff. 7-29-15.)
210 ILCS 46/3-422
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD Act.|Article III - Licensing, Enforcement, Violations, Penalties, and Remedies

Sec. 3-422. Hearing to challenge transfer or discharge. 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 discharge. The Department shall hold the hearing within 30 days of receipt of the request. The hearing shall be held at the facility from which the resident is being transferred or discharged, unless the resident or resident's representative, requests an alternative hearing site. If the facility prevails, it may file a claim against the State under the Court of Claims Act for payments lost less expenses saved as a result of the transfer or discharge. No resident transferred or discharged may be held liable for the charge for care which would have been made had the resident remained in the facility. If a resident prevails, the resident may file a claim against the State under the Court of Claims Act for any excess expenses directly caused by the order to transfer or discharge. The Department shall assist the resident in returning to the facility if assistance is requested.    (Source: P.A. 99-180, eff. 7-29-15.)
210 ILCS 46/3-423
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD Act.|Article III - Licensing, Enforcement, Violations, Penalties, and Remedies

Sec. 3-423. Closure of facility; notice. Any owner of a facility licensed under this Act shall give 90 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 such part will require the transfer or discharge of more than 10% of the residents. Such notice shall be given to the Department, to any resident who must be transferred or discharged, to the resident's representative, and to a member of the resident's family, where practicable. Notice shall state the proposed date of closing and the reason for closing. The facility shall offer to assist the resident in securing an alternative placement and shall advise the resident on available alternatives. Where the resident is unable to choose an alternate placement and is not under guardianship, the Department shall be notified of the need for relocation assistance. The facility shall comply with all applicable laws and regulations until the date of closing, including those related to transfer or discharge of residents. The Department may place a relocation team in the facility as provided under Section 3-419.     (Source: P.A. 99-180, eff. 7-29-15.)
210 ILCS 46/Art. III Pt. 5 heading
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD Act.|Article III - Licensing, Enforcement, Violations, Penalties, and Remedies

           PART 5.  MONITORS AND RECEIVERSHIP    (Source: P.A. 99-180, eff. 7-29-15.)
210 ILCS 46/3-501
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD Act.|Article III - Licensing, Enforcement, Violations, Penalties, and Remedies

Sec. 3-501. Monitor or receiver for facility; grounds.     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:(a) The facility is operating without a license;(b) The Department has suspended, revoked or refused      to renew the existing license of the facility;(c) The facility is closing or has informed the      Department that it intends to close and adequate arrangements for relocation of residents have not been made at least 30 days prior to closure;(d) The Department determines that an emergency      exists, whether or not it has initiated revocation or nonrenewal procedures, if because of the unwillingness or inability of the licensee to remedy the emergency the Department believes a monitor or receiver is necessary;(e) The Department is notified that the facility is      terminated or will not be renewed for participation in the federal reimbursement program under either Title XVIII or Title XIX of the Social Security Act.        As used in subsection (d) and Section 3-503, "emergency" means a threat to the health, safety or welfare of a resident that the facility is unwilling or unable to correct;(f) The facility has been designated a distressed facility by the Department and does not have a consultant employed pursuant to subsection (f) of Section 3-304.2 of this Act and an acceptable plan of improvement, or the Department has reason to believe the facility is not complying with the plan of improvement. Nothing in this paragraph (f) shall preclude the Department from placing a monitor in a facility if otherwise justified by law; or(g) At the discretion of the Department when a review of facility compliance history, incident reports, or reports of financial problems raises a concern that a threat to resident health, safety, or welfare exists.   (Source: P.A. 99-180, eff. 7-29-15.)
210 ILCS 46/3-502
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD Act.|Article III - Licensing, Enforcement, Violations, Penalties, and Remedies

Sec. 3-502. Placement of monitor by Department. 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 how to comply with the State regulations, and shall report periodically to the Department on the operation of the facility. Once a monitor has been placed, the Department may retain the monitor until it is satisfied that the basis for the placement is resolved and the threat to the health, safety, or welfare of a resident is not likely to recur.     (Source: P.A. 99-180, eff. 7-29-15.)
210 ILCS 46/3-503
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD Act.|Article III - Licensing, Enforcement, Violations, Penalties, and Remedies

Sec. 3-503. Emergency; petition for receiver. 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 in the county in which the facility is located for an order placing the facility under the control of a receiver.     (Source: P.A. 99-180, eff. 7-29-15.)
210 ILCS 46/3-504
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD Act.|Article III - Licensing, Enforcement, Violations, Penalties, and Remedies

Sec. 3-504. Hearing on petition for receiver; grounds for appointment of receiver. 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 the Civil Practice Law, or the petition and notice of hearing shall be posted in a conspicuous place in the facility not later than 3 days before the time specified for the hearing, unless a different period is fixed by order of the court. The court shall appoint a receiver if it finds that:(a) The facility is operating without a license;(b) The Department has suspended, revoked or refused to renew the existing license of a facility;(c) The facility is closing or has informed the Department that it intends to close and adequate arrangements for relocation of residents have not been made at least 30 days prior to closure; or(d) An emergency exists, whether or not the Department has initiated revocation or nonrenewal procedures, if because of the unwillingness or inability of the licensee to remedy the emergency the appointment of a receiver is necessary.      (Source: P.A. 99-180, eff. 7-29-15.)
210 ILCS 46/3-505
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD Act.|Article III - Licensing, Enforcement, Violations, Penalties, and Remedies

Sec. 3-505. Emergency; time for hearing. 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 shall notify the licensee, administrator of the facility, or registered agent of the licensee prior to the hearing. Any form of written notice may be used. A receivership shall not be established ex parte unless the court determines that the conditions set out in subsection 3-504(d) exist in a facility; that the licensee cannot be found; and that the petitioner has exhausted all reasonable means of locating and notifying the licensee, administrator or registered agent.     (Source: P.A. 99-180, eff. 7-29-15.)
210 ILCS 46/3-506
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD Act.|Article III - Licensing, Enforcement, Violations, Penalties, and Remedies

Sec. 3-506. Appointment of receiver. 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 persons to operate facilities which the court may consider. The court shall give preference to licensed nursing home administrators in appointing a receiver.     (Source: P.A. 99-180, eff. 7-29-15.)
210 ILCS 46/3-507
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD Act.|Article III - Licensing, Enforcement, Violations, Penalties, and Remedies

Sec. 3-507. Health, safety, and welfare of residents. The receiver shall make provisions for the continued health, safety and welfare of all residents of the facility.     (Source: P.A. 99-180, eff. 7-29-15.)
210 ILCS 46/3-509
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD Act.|Article III - Licensing, Enforcement, Violations, Penalties, and Remedies

Sec. 3-509. Payment for goods or services provided by receiver.(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 after the date of the order if the person would have been liable for the goods or services as supplied by the owner. The receiver shall give a receipt for each payment and shall keep a copy of each receipt on file. The receiver shall deposit amounts received in a separate account and shall use this account for all disbursements.(b) The receiver may bring an action to enforce the liability created by subsection (a) of this Section.(c) A payment to the receiver of any sum owing to the facility or its owner shall discharge any obligation to the facility to the extent of the payment.      (Source: P.A. 99-180, eff. 7-29-15.)