Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart C - POLICIES › Section 350.630 - Admission, Retention and Discharge Policies

Current through Register Vol. 48, No. 28, July 12, 2024
a) All involuntary discharges and transfers
				shall be in accordance with Sections 3-401 through 3-423 of the Act.
b) Only residents who have had a
				comprehensive evaluation covering physical, emotional, social and cognitive
				factors, conducted by an appropriately constituted interdisciplinary team shall
				be admitted.
c) No resident
				determined by professional evaluation to be in need of skilled level of nursing
				care shall be admitted to, or kept in, an Intermediate Care Facility, or
				Intermediate Care Facility for the Developmentally Disabled, or any distinct
				part of the facility designated and classified for intermediate care for the
				developmentally disabled.
d) Each
				facility shall have a policy concerning the admission of persons needing
				prenatal or maternity care, and a policy concerning the keeping of these
				persons who become pregnant while they are residents of the facility. If these
				policies permit these persons to be admitted to or kept in the facility, then
				the facility shall have a policy concerning the provision of adequate and
				appropriate prenatal and maternity care to these individuals from in-house or
				outside resources.
e) A facility
				for infants and children under 18 years of age shall be used exclusively for
				children. Persons under 18 years of age may not be cared for in a facility for
				adults without prior approval from the Department. This approval will be
				granted only when it is the best possible placement for the person under the
				particular set of circumstances.
f)
				A facility shall not refuse to discharge or transfer a resident when requested
				to do so by the resident or, if the resident is incompetent, by the resident's
				guardian.
g) If a resident insists
				on being discharged and is discharged against the advice of a physician or a
				Qualified Intellectual Disability Professional, the facts involved in the
				situation shall be fully documented in the resident's clinical
				record.
h) No resident shall be
				discharged without the concurrence of the attending physician.
i) No resident shall be admitted with a
				communicable, contagious or infectious disease except as set forth in Section
				350.1223 of this Part.
j) A facility shall not admit more residents
				than the number authorized by the license issued to it.
k) No identified offender shall be admitted
				to or kept in a facility, unless the requirements of Section
				350.625 for new admissions and
				the requirements of Section
				350.635 are met.
l)
Upon a finding by the Department
				that there has been a substantial failure to comply with
the
Act and Section
				350.165, including, without
				limitation, the circumstances set forth in subsection (a) of Section 3-119
				of
the
Act, or if the Department otherwise finds that 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)
m)
The Department shall provide
				notice to the facility and licensee of any ban imposed pursuant to
subsection (l) and Section 350.165.
The notice shall provide a clear
				and concise statement 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)
n)
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 (m)
, then the ban on new admissions may be ordered pending
				any hearing requested by the facility.
(Section 3-119.1(b) of the
				Act)