Illinois Compiled Statutes
210 ILCS 45/3-423 (2026)
The administrator of a facility licensed under this Act shall give 60 days notice prior to voluntarily closing a facility or closing any part of a facility, or prior to closing any part of a facility if closing such part will require the transfer or discharge of more than 10% of the residents
✓ current as of May 2026
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(210 ILCS 45/3-423)
(from Ch. 111 1/2, par. 4153-423)
Sec. 3-423.
The administrator of a facility licensed under this Act shall give 60
days notice prior to voluntarily closing a facility or closing any part
of a facility, or prior to closing any part of a facility if closing such
part will require the transfer or discharge of more than 10% of the residents.
Such notice shall be given to the Department, to the Office of State Long Term Care Ombudsman, to any resident who must be
transferred or discharged, to the resident's representative, and to a member
of the resident's family, where practicable. If the Department suspends, revokes, or denies renewal of the facility's license, then notice shall be given no later than the date specified by the Department. Notice shall state the proposed
date of closing and the reason for closing. The facility shall submit a closure plan to the Department for approval which shall address the process for the safe and orderly transfer of residents. The approved plan shall be included in the notice.
The facility shall offer to assist the resident in securing an alternative
placement and shall advise the resident on available alternatives. Where
the resident is unable to choose an alternate placement and is not under
guardianship, the Department shall be notified of the need for relocation
assistance. A facility closing in its entirety shall not admit any new residents on or after the date written notice is submitted to the Department under this Section. The facility shall comply with all applicable laws and regulations until
the date of closing, including those related to transfer or discharge of
residents. The Department may place a relocation team in the facility as
provided under Section 3-419.
(Source: P.A. 98-834, eff. 8-1-14.)
(210 ILCS 45/Art. III Pt. 5 heading) PART 5.
MONITORS AND RECEIVERSHIP
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Notes of Decisions
Cited in 2
cases, 1994–2018 · leading case: 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).
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). “210 ILCS 45/3-423; see also 77 Ill.Admin.”
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. 15.”
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