ILCS » Chapter 210 · Act 45
Illinois Compiled Statutes

210 ILCS 45/3-401 (2026)

A facility may involuntarily transfer or discharge a resident only for one or more of the following reasons:        (a) the facility is unable to meet the medical needs     of the resident, as documented in the resident's clinical record by the resident's physician;        (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

✓ current as of May 2026
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(210 ILCS 45/3-401) (from Ch. 111 1/2, par. 4153-401)
    Sec. 3-401. A facility may involuntarily transfer or discharge a resident only for one or more of the following reasons:
        (a) the facility is unable to meet the medical needs
    
of the resident, as documented in the resident's clinical record by the resident's physician;
        (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.
    In the absence of other bases for transfer or discharge in this Section, unless it has complied with the prior notice and other procedural requirements of this Act, a facility may not refuse to readmit a resident following a medical leave of absence if the resident's need for care does not exceed the provisions of the facility's license or current services offered.
(Source: P.A. 104-191, eff. 1-1-26.)

    
Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1994–2023 · leading case: Slepicka v. The State of Illinois, 2013 IL App (4th) 121103 (Ill. App. Ct. 2013).
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Slepicka v. The State of Illinois, 2013 IL App (4th) 121103 (Ill. App. Ct. 2013). · cites it 2× “See 210 ILCS 45/3-401(d) (West 2012). Plaintiff administratively appealed to the Illinois Department of Public Health (Department), which, after an administrative hearing, approved the involuntary transfer or discharge.”
First Trust Nat'l Ass'n v. Am. Nat'l Bank & Trust Co. (In Re Adventist Living Centers, Inc.), 174 B.R. 505 (Bankr. N.D. Ill. 1994). “See 210 ILCS 45/3-401 et seq. Therefore, clearly administrative expenses in *517 the form of postpetition rent would have been incurred in a Chapter 7 case.”
Lakewood Nursing & Rehab. Ctr., LLC v. Illinois Dep't of Pub. Health, 2018 IL App (3d) 170177 (Ill. App. Ct. 2018). “4 'Discharge and Transfer'; 210 ILCS 45/3-401 through 210 ILCS 45/3-423 ) governs this review.”
Gruby v. The Dep't of Pub. Health, 2015 IL App (2d) 140790 (Ill. App. Ct. 2015). “” 210 ILCS 45/3-401 (West 2012). The Act defines “discharge” as “the full release of any resident from a facility” (210 ILCS 45/1-111 (West 2012)) and defines “transfer” as “a change in status of a resident’s living arrangements from one facility to another facility” (210 ILCS…”
Kurtz v. Illinois Dep't of Pub. Health, 2023 IL App (1st) 210236-U (Ill. App. Ct. 2023). “The Nursing Home Care Act, 210 ILCS 45/3-401(d) (West 2014), provides that a facility may involuntarily transfer or discharge a resident who has failed, after reasonable and appropriate notice, to pay (or to have paid under Medicare or Medicaid) for a stay at the facility.”
— 210 ILCS 45/3-401(d) — 2 cases
Slepicka v. The State of Illinois, 2013 IL App (4th) 121103 (Ill. App. Ct. 2013). “See 210 ILCS 45/3-401(d) (West 2012). Plaintiff administratively appealed to the Illinois Department of Public Health (Department), which, after an administrative hearing, approved the involuntary transfer or discharge.”
Kurtz v. Illinois Dep't of Pub. Health, 2023 IL App (1st) 210236-U (Ill. App. Ct. 2023). “The Nursing Home Care Act, 210 ILCS 45/3-401(d) (West 2014), provides that a facility may involuntarily transfer or discharge a resident who has failed, after reasonable and appropriate notice, to pay (or to have paid under Medicare or Medicaid) for a stay at the facility.”
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