Illinois § 3-401 Involuntary transfer or discharge of resident

Illinois Statutes

§ 3-401 — Involuntary transfer or discharge of resident

Illinois § 3-401

JurisdictionIllinois

TopicREGULATION

Ch. 210HEALTH FACILITIES AND REGULATION

Act 210 ILCS 46/MC/DD Act.

Art.Part 4 - Discharge and Transfer

This text of Illinois § 3-401 (Involuntary transfer or discharge of resident) is published on Counsel Stack Legal Research, covering Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

210 Ill. Comp. Stat. 3-401 (2026).

Text

A facility may involuntarily transfer or discharge a resident only for one or more of the following reasons:

(a)for medical reasons;

(b)for the resident's physical safety;

(c)for the physical safety of other residents, the facility staff or facility visitors; or (d) for either late payment or nonpayment for the resident's stay, except as prohibited by Titles XVIII and XIX of the federal Social Security Act. For purposes of this Section, "late payment" means non-receipt of payment after submission of a bill. If payment is not received within 45 days after submission of a bill, a facility may send a notice to the resident and responsible party requesting payment within 30 days. If payment is not received within such 30 days, the facility may thereupon institute transfer or discharge proce

Free access — add to your briefcase to read the full text and ask questions with AI

A facility may involuntarily transfer or discharge a resident only for one or more of the following reasons: (a) for medical reasons; (b) for the resident's physical safety; (c) for the physical safety of other residents, the facility staff or facility visitors; or (d) for either late payment or nonpayment for the resident's stay, except as prohibited by Titles XVIII and XIX of the federal Social Security Act. For purposes of this Section, "late payment" means non-receipt of payment after submission of a bill. If payment is not received within 45 days after submission of a bill, a facility may send a notice to the resident and responsible party requesting payment within 30 days. If payment is not received within such 30 days, the facility may thereupon institute transfer or discharge proceedings by sending a notice of transfer or discharge to the resident and responsible party by registered or certified mail. The notice shall state, in addition to the requirements of Section 3-403 of this Act, that the responsible party has the right to pay the amount of the bill in full up to the date the transfer or discharge is to be made and then the resident shall have the right to remain in the facility. Such payment shall terminate the transfer or discharge proceedings. This subsection does not apply to those residents whose care is provided for under the Illinois Public Aid Code. The Department shall adopt rules setting forth the criteria and procedures to be applied in cases of involuntary transfer or discharge permitted under this Section.