Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 390 - MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart C - POLICIES › Section 390.630 - Admission, Retention and Discharge Policies

Current through Register Vol. 48, No. 28, July 12, 2024
a) The facility shall comply with Section
				390.625
				subsections (d) through (j) for all new residents. The facility shall review
				the results of the criminal history background checks immediately upon receipt
				of these checks.
b) All involuntary
				discharges and transfers shall be in accordance with Sections 3-401 through
				3-423 of the Act.
c) A facility
				shall admit only residents who have had a comprehensive evaluation of their
				medical history and physical and psycho/social factors conducted by an
				appropriately constituted interdisciplinary team. No resident determined by
				professional evaluation to be in need of services not readily available in a
				particular facility shall be admitted to or kept in that facility.
				Additionally, emotional and cognitive histories shall be evaluated when
				applicable and available.
d) A
				facility shall be used exclusively for medically complex and developmentally
				disabled persons ("medically complex" and "developmental disability" are
				defined in Section
				390.330), except when
				the facility's interdisciplinary team has determined that either initial or
				continued placement in the facility is appropriate because of the resident's
				physical and mental functioning status, and that the facility has the service
				resources to meet the needs of the resident. The facility interdisciplinary
				team shall further determine that placement shall not constitute a serious
				danger to the other residents.
e)
A resident may be discharged from a facility after he or she gives the
				administrator, a physician, or a nurse of the facility written notice of his or
				her desire to be discharged. If a guardian has been appointed for a resident or
				if the resident is a minor, the resident shall be discharged upon written
				consent of his or her guardian or if the resident is a minor, his or her parent
				unless there is a court order to the contrary.
(Section 2-111 of the
				Act)
f) If a resident insists on
				being discharged and is discharged against medical advice, the facts involved
				in the situation shall be fully documented in the resident's clinical
				record.
g) No resident shall be
				discharged without the concurrence of the attending physician. If this approval
				is given, the facility shall have the right to discharge or transfer a resident
				to an appropriate resource in accordance with Sections 3-401 through 3-423 of
				the Act.
h) A facility shall not
				admit more residents than the number authorized by the license issued to
				it.
i)
Upon a finding by
				the Department that there has been a substantial failure to comply
				with
the
Act
and Section
				390.165,
including, without limitation, the circumstances set forth in
				subsection (a) of Section 3-119 of
the
Act, or if the
				Department otherwise finds it would be in the public interest or the interest
				of the health, safety, and welfare of facility residents, the Department may
				impose a ban on new admissions to any facility licensed under
the
Act. The ban shall continue until the Department determines that the
				circumstances giving rise to the ban no longer exist.
(Section
				3-119.1(a) of the Act)
j)
The Department
will
provide notice to the facility and
				licensee of any ban imposed pursuant to
subsection (h) and Section
				390.165.
The notice shall provide clear and concise statements of the
				circumstances on which the ban on new admissions is based and notice of the
				opportunity for a hearing.
(Section 3-119.1(b) of the Act)
k)
If the Department finds that the
				public interest or the health, safety, or welfare of facility residents
				imperatively requires immediate action and if the Department incorporates a
				finding to that effect in its notice
per subsection (h),
then
				the ban on new admissions may be ordered pending any hearing requested by the
				facility.
(Section 3-119.1(b) of the Act)
l) No identified offender shall be admitted
				to or kept in the facility, unless the requirements of Section
				390.625(d)
				through (j) for new admissions and the
				requirements of Section
				390.635
				are met.