Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 125 - RECIPIENT DISCHARGE/LINKAGE/AFTERCARE › Subpart B - SYSTEM COMPONENTS › Section 125.60 - Discharge notification and objection process

Current through Register Vol. 48, No. 28, July 12, 2024
a) Written notice of discharge shall be given
				to the recipient, if 12 years of age or older; to the attorney of record and
				guardian, if any; and to the person who executed the application for admission.
				This notice shall include the reason for the discharge and a statement of the
				right object (Section 3-903 of the Code).
b) Whenever possible, notice of the discharge
				shall be given at least seven days prior to the intended discharge date from a
				mental health facility and 14 days prior to discharge from a developmental
				disabilities facility (Sections 3-903 and 4-704 of the Code).
c) The recipient, if 12 years of age or
				older, may object to discharge, or the attorney or guardian of a recipient or
				the person who executed the application may object on behalf of a recipient.
				Prior to discharge, a written objection shall be submitted to the director of
				the facility in which the recipient is located. Upon receipt of an objection,
				the facility director shall promptly schedule a hearing, with the utilization
				review committee, to be held at the facility within seven days (Sections 3-207,
				3-903, 4-209 and 4-704 of the Code).
d) No discharge shall proceed pending a
				hearing on an objection, unless the person objecting to the discharge consents
				to discharge pending the outcome of the hearing (Sections 3-903 and 4-704 of
				the Code).
e) At the hearing, the
				Department shall have the burden of proving that the recipient meets the
				standard for discharge under the Code and under Section 15 ofMental Health and
				Developmental Disabilities Administrative Act (Sections 3-903 and 4-704 of the
				Code).
f) Within three days after
				the conclusion of the hearing, the utilization review committee shall submit
				its written recommendations to the facility director. A copy of the
				recommendations shall be given to the recipient and the objector. (Sections
				3-903 and 4-704 of the Code)
g)
				Within seven days after receipt of the recommendations, the facility director
				shall provide written notice to the recipient and objector of either acceptance
				or rejection of the recommendations and reasons therefor.
h) If the facility director rejects the
				recommendations, or if the recipient or objector requests a review of the
				facility director's decision, the facility director shall promptly forward a
				copy of the decision, the recommendations, and the record of the hearing to the
				Secretary of the Department for final review. The decision of the facility
				director or the decision of the Secretary of the Department, if his review was
				requested, shall be considered a final administrative decision.
i) Any person affected by a final
				administrative decision of the Department may have such decisions reviewed only
				under and in accordance with the Administrative Review Law [735 ILCS 5 /Art.
				III]. The Administrative Review Law, and the rules adopted pursuant thereto,
				apply to and govern all proceedings for the judicial review of final
				administrative decisions of the Department (Section 6-101 of the
				Code).