77 Ill. Adm. Code 295.2010
Termination of Residency
Section 295
Section 295.2010Â Termination
of Residency
a)Â Â Â Â Â Â Â Â Voluntary termination of residency
1)Â Â Â Â Â Â Â Â A resident or resident's representative may terminate
residency immediately after notice to the establishment due to any of the
following: neglect, abuse, financial exploitation or imminent danger of life,
health, or safety that is caused by the establishment.
2)Â Â Â Â Â Â Â Â Upon a resident's death and removal of the resident's property
from the unit, the lease agreement shall terminate.
3)Â Â Â Â Â Â Â Â A resident or resident's representative may terminate
residency by providing 30 day's written notice to the licensee.
b)Â Â Â Â Â Â Â Â Involuntary termination of residency
1)
Residency shall be involuntarily terminated only for the
following reasons:
A)
as provided in Section 75 of the Act
and Section
295.2000 (Residency Requirements) of this Part;
B)
nonpayment of contracted charges after the resident and the
resident's representative have received a minimum of 30 days written notice of
the delinquency and the resident or the resident's representative has had at
least 15 days to cure the delinquency; or
C)
failure to execute a service delivery contract or to
substantially comply with its terms and conditions, failure to comply with the
assessment requirements contained in Section 15
of the Act,
or failure
to substantially comply with the terms and conditions of the lease agreement.
(Section 80(a) of the Act)
2)
A 30 day written notice of involuntary residency
termination shall be provided to the resident, the resident's representative,
or both, and the ombudsman.
(Section 80(b) of the Act)
3)Â Â Â Â Â Â Â Â The notice shall be on a form prescribed by the Department and
shall contain all of the following:
A)Â Â Â Â Â Â Â The stated reason for the residency termination;
B)Â Â Â Â Â Â Â The proposed date of the residency termination;
C)Â Â Â Â Â Â Â A statement
of the resident's right to appeal
;
D)
The steps that the resident or the resident's representative
must take to initiate an appeal;
E)
A statement of the resident's right to continue to reside in
the establishment until a decision is rendered;
F)
A toll free telephone number to initiate an appeal;
G)
A written hearing request form, together with a postage
paid, pre-addressed envelope to the Department; and
(Section 80(b) of the
Act)
H)Â Â Â Â Â Â Â The name, address, and telephone number of the person at the
establishment offering relocation assistance pursuant to subsection (b)(1).
4)
If the resident or the resident's representative, if any,
cannot read English, the notice must be provided in a language the individual
receiving the notice can read or the establishment must provide a translator
who has been trained to assist the resident or the resident's representative in
the appeal process.
(Section 80(b) of the Act)
5)
In emergency situations
as defined in Section 295.200
of this Part,
the 30-day provision of the written notice may be waived.
(Section 80(b) of the Act)
6)
The establishment shall attempt to resolve with the
resident or the resident's representative, if any, circumstances that if not
remedied have the potential of resulting in an involuntary termination of
residency and shall document those efforts in the resident's file. This action
may occur prior to or during the 30 day notice period, but must occur prior to
the termination of the residency. In emergency situations, the requirements of
this subsection may be waived.
(Section 80(c) of the Act)
7)
A request for a hearing shall stay an involuntary
termination of residency until a decision has been rendered by the Department
in accordance with the Department's Rules of Practice and Procedure in
Administrative Hearings (77 Ill. Adm. Code 100), except as otherwise provided
in this Part.
During this time period, the establishment may not terminate
or reduce any service for the purpose of making it more difficult or impossible
for the resident to remain in the establishment.
(Section 80(d) of the
Act)
8)Â Â Â Â Â Â Â Â The only issues to be considered at the involuntary
termination of residency hearing are whether one or more of the statutory
reasons exist for involuntary termination; whether the establishment has
followed the proper involuntary termination procedures; and whether the
establishment has attempted to resolve the circumstances leading to an
involuntary termination.
9)
The establishment shall offer the resident and the
resident's representative, if any, residency termination and relocation
assistance including information on available alternative placement. Residents
shall be involved in planning the move and shall choose among the available
alternative placements except when an emergency situation makes prior resident
involvement impossible. Emergency placements are deemed temporary until the
resident's input can be sought in the final placement decision. No resident
shall be forced to remain in a temporary or permanent placement.
(Section
80(e) of the Act)
10)
The Department may offer assistance to the establishment and
the resident in the preparation of residency termination and relocation plans
to assure safe and orderly transition and to protect the resident's health,
safety, welfare, and rights. In nonemergencies, and where possible in
emergencies, the transition plan shall be designed and implemented in advance
of transfer or residency termination.
(Section 80(f) of the Act)