ILCS » Chapter 210 · Act 45

210 ILCS 45/3-411

The Department of Public Health, when the basis for involuntary transfer or discharge is other than action by the Department of Healthcare and Family Services (formerly Department of Public Aid) with respect to the Title XIX Medicaid recipient, shall hold a hearing at the resident's facility not later than 10 days after a hearing request is filed, and render a decision within 14 days after the filing of the hearing request

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(210 ILCS 45/3-411) (from Ch. 111 1/2, par. 4153-411)
    Sec. 3-411. The Department of Public Health, when the basis for involuntary transfer or discharge is other than action by the Department of Healthcare and Family Services (formerly Department of Public Aid) with respect to the Title XIX Medicaid recipient, shall hold a hearing at the resident's facility not later than 10 days after a hearing request is filed, and render a decision within 14 days after the filing of the hearing request. The Department has continuing jurisdiction over the transfer or discharge irrespective of the timing of the hearing and decision. Once a request for a hearing is filed, the Department shall hold a hearing unless the request is withdrawn by the resident. If the request for a hearing is withdrawn based upon a representation made by the facility to the resident and the Department, including the hearing officer, that a resident who has been denied readmission will be readmitted, and the resident or resident representative notifies the Department that the facility is still denying readmission, failure to readmit is considered failure to comply with a Department order to readmit pursuant to Section 3-305.6, including the imposition of a $2,500 fine under Section 3-305.6.
(Source: P.A. 104-191, eff. 1-1-26.)

    
Notes of Decisions
Cited in 10 cases, 2013–2020 · leading case: Slepicka v. The State of Illinois
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Slepicka v. The State of Illinois (2013) illappct · cites it 2× “Thus, to determine whether circuit courts receive their subject-matter jurisdiction from the Administrative Review Law when reviewing decisions by the Department to approve or disapprove an involuntary transfer or discharge (see 210 ILCS 45/3-411, 3-412 (West 2012)), we ask…”
Slepicka v. Illinois Department of Public Health (2014) ill “¶ 33 Sections 3-411 and 3-412 of the Nursing Home Care Act (210 ILCS 45/3-411, 3-412 (West 2012)) authorize the Department to approve or disapprove an involuntary transfer or discharge following a hearing requested by the resident (210 ILCS 45/3-410 (West 2012)).”
Lakewood Nursing and Rehabilitation Center, LLC v. Department of Public Health (2019) ill “210 ILCS 45/3-411 (West 2012). In fact, Lakewood conceded as much at oral argument.”
Lakewood Nursing and Rehabilitation Center, LLC v. Illinois Department of Public Health (2018) illappct · cites it 2× “Lakewood filed a motion to dismiss its hearing request, arguing that the IDPH no longer had jurisdiction to hold a hearing because it would be doing so after the 10-day limitations period in section 3-411 of the Nursing Home Care Act ( 210 ILCS 45/3-411 (West 2014) ). In…”
Slepicka v. Illinois Department of Public Health (2014) ill “¶ 33 Sections 3-411 and 3-412 of the Nursing Home Care Act (210 ILCS 45/3-411, 3-412 (West 2012)) authorize the Department to approve or disapprove an involuntary transfer or discharge following a hearing requested by the resident (210 ILCS 45/3-410 (West 2012)).”
Gruby v. The Department of Public Health (2015) illappct “2 210 ILCS 45/3-411 (West 2012). At the hearing, the burden of proof rests on the entity requesting the transfer or discharge.”
Lakewood Nursing and Rehabilitation Center, LLC v. Department of Public Health (2020) ill · cites it 3× “210 ILCS 45/3-411 (West 2012). Lakewood further claimed that section 3-413 did not give the Department authority to approve the notice 30 days after its final ruling.”
Gruby v. The Department of Public Health (2015) illappct “2 210 ILCS 45/3-411 (West 2012). At the hearing, the burden of proof rests on the entity requesting the transfer or discharge.”
Slepicka v. Illinois Department of Public Health (2014) ill “¶ 33 Sections 3-411 and 3-412 of the Nursing Home Care Act (210 ILCS 45/3-411, 3-412 (West 2012)) authorize the Department to approve or disapprove an involuntary transfer or discharge following a hearing requested by the resident (210 ILCS 45/3-410 (West 2012)).”
Gruby v. The Department of Public Health (2015) illappct “2 210 ILCS 45/3-411 (West 2012). At the hearing, the burden of proof rests on the entity requesting the transfer or discharge.”
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