Illinois Compiled Statutes
210 ILCS 45/3-413 (2026)
If the Department determines that a transfer or discharge is authorized under Section 3-401, the resident shall not be required to leave the facility before the 34th day following receipt of the notice required under Section 3-402, or the 10th day following receipt of the Department's decision, whichever is later, unless a condition which would have allowed transfer or discharge in less than 30 days as described under paragraphs (a) and (b) of Section 3-402 develops in the interim
✓ current as of May 2026
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(210 ILCS 45/3-413)
(from Ch. 111 1/2, par. 4153-413) Sec. 3-413. If the Department determines that a transfer or discharge is authorized under Section 3-401, the resident shall not be required to leave the facility before the 34th day following receipt of the notice required under Section 3-402, or the 10th day following receipt of the Department's decision, whichever is later, unless a condition which would have allowed transfer or discharge in less than 30 days as described under paragraphs (a) and (b) of Section 3-402 develops in the interim. The Department maintains jurisdiction over the transfer or discharge irrespective of the timing of the notice and discharge. (Source: P.A. 104-191, eff. 1-1-26.) Notes of Decisions
Cited in 3
cases, 2015–2019 · leading case: Lakewood Nursing & Rehab. Ctr., LLC v. Dep't of Pub. Health, 2019 IL 124019 (Ill. 2019).
Lakewood Nursing & Rehab. Ctr., LLC v. Dep't of Pub. Health, 2019 IL 124019 (Ill. 2019). “210 ILCS 45/3-413, 3-703 to 3- 707. The fact that the 10-day hearing period and 14-day decision time may in some cases satisfy due process does not mean that they will do so in all cases.”
Lakewood Nursing & Rehab. Ctr., LLC v. Illinois Dep't of Pub. Health, 2018 IL App (3d) 170177 (Ill. App. Ct. 2018). “Furthermore, Lakewood claimed that section 3-413 of the Nursing Home Care Act ( 210 ILCS 45/3-413 (West 2014) ) did not give IDPH authority *1203 *266 to approve the notice 30 days after the final ruling.”
Lakewood Nursing & Rehab. Ctr., LLC v. The Dep't of Pub. Health, 2015 IL App (3d) 140899 (Ill. App. Ct. 2015). “Lakewood contended that section 3-413 of the Act (210 ILCS 45/3-413 (West 2014)), which provides that a resident subject to an involuntary discharge may not be required to leave the facility before the thirty-fourth day after receiving the notice of involuntary discharge or the…”
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