(210 ILCS 45/3-420) (from Ch. 111 1/2, par. 4153-420)
Sec. 3-420.
In any transfer or discharge conducted under Sections 3-415
through 3-418 the Department shall:
(a) Provide written notice to the facility prior to the transfer or
discharge. The notice shall state the basis for the order of transfer or
discharge and shall inform the facility of its right to an informal conference
prior to transfer or discharge under this Section, and its right to a
subsequent hearing under Section 3-422. If a facility desires to contest a
nonemergency transfer or discharge, prior to transfer or discharge it shall,
within 4 working days after receipt of the notice, send a written request for
an informal conference to the Department. The Department shall, within 4
working days from the receipt of the request, hold an informal conference in
the county in which the facility is located. Following this conference,
the Department may affirm, modify or overrule its previous decision. Except
in an emergency, transfer or discharge may not begin until the period for
requesting a conference has passed or, if a conference is requested, until
after a conference has been held; and
(b) Provide written notice to any resident to be removed, to the resident's
representative, if any, and to a member of the resident's family, where
practicable, prior to the removal. The notice shall state the reason for
which transfer or discharge is ordered and shall inform the resident of
the resident's right to challenge the transfer or discharge under Section
3-422. The Department shall hold an informal conference with the resident
or the resident's representative prior to transfer or discharge at which
the resident or the representative may present any objections to the proposed
transfer or discharge plan or alternative placement.
(Source: P.A. 81-223.)
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(210 ILCS 45/3-501) (from Ch. 111 1/2, par. 4153-501) Sec. 3-501. The Department may place an employee or agent to serve as a
monitor in a facility or may petition the circuit court for appointment of a
receiver for a facility, or both, when any of the following conditions exist: (a) The facility is operating without a license; (b) The Department has suspended, revoked or refused |
| to renew the existing license of the facility;
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(c) The facility is closing or has informed the
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| Department that it intends to close and adequate arrangements for relocation of residents have not been made at least 30 days prior to closure;
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(d) The Department determines that an emergency
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| exists, whether or not it has initiated revocation or nonrenewal procedures, if because of the unwillingness or inability of the licensee to remedy the emergency the Department believes a monitor or receiver is necessary;
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(e) The Department is notified that the facility is
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| terminated or will not be renewed for participation in the federal reimbursement program under either Title XVIII or Title XIX of the Social Security Act; or
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(f) The facility has been designated a distressed
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| facility by the Department and does not have a consultant employed pursuant to subsection (f) of Section 3-304.2 and an acceptable plan of improvement, or the Department has reason to believe the facility is not complying with the plan of improvement. Nothing in this paragraph (f) shall preclude the Department from placing a monitor in a facility if otherwise justified by law.
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As used in subsection (d) and Section 3-503, "emergency" means a threat
to the health, safety or welfare of a resident that the facility is
unwilling or unable to correct.
(Source: P.A. 96-1372, eff. 7-29-10.)
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(210 ILCS 45/3-504) (from Ch. 111 1/2, par. 4153-504) Sec. 3-504. The court shall hold a hearing within 5 days of the filing
of the petition. The petition and notice of the hearing shall be served
on the owner, administrator or designated agent of the facility as provided
under the Civil Practice Law, or the petition and notice of
hearing shall be posted in a conspicuous place in the facility not later
than 3 days before the time specified for the hearing, unless a different
period is fixed by order of the court. The court shall appoint a receiver
if it finds that: (a) The facility is operating without a license; (b) The Department has suspended, revoked or refused |
| to renew the existing license of a facility;
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(c) The facility is closing or has informed the
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| Department that it intends to close and adequate arrangements for relocation of residents have not been made at least 30 days prior to closure; or
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(d) An emergency exists, whether or not the
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| Department has initiated revocation or nonrenewal procedures, if because of the unwillingness or inability of the licensee to remedy the emergency the appointment of a receiver is necessary.
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(Source: P.A. 96-1372, eff. 7-29-10.)
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(210 ILCS 45/3-508) (from Ch. 111 1/2, par. 4153-508)
Sec. 3-508. A receiver appointed under this Act:
(a) Shall exercise those powers and shall perform |
| those duties set out by the court.
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(b) Shall operate the facility in such a manner as to
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| assure safety and adequate health care for the residents.
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(c) Shall have the same rights to possession of the
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| building in which the facility is located and of all goods and fixtures in the building at the time the petition for receivership is filed as the owner would have had if the receiver had not been appointed, and of all assets of the facility. The receiver shall take such action as is reasonably necessary to protect or conserve the assets or property of which the receiver takes possession, or the proceeds from any transfer thereof, and may use them only in the performance of the powers and duties set forth in this Section and by order of the court.
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(d) May use the building, fixtures, furnishings and
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| any accompanying consumable goods in the provision of care and services to residents and to any other persons receiving services from the facility at the time the petition for receivership was filed. The receiver shall collect payments for all goods and services provided to residents or others during the period of the receivership at the same rate of payment charged by the owners at the time the petition for receivership was filed.
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(e) May correct or eliminate any deficiency in the
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| structure or furnishings of the facility which endangers the safety or health of residents while they remain in the facility, provided the total cost of correction does not exceed $3,000. The court may order expenditures for this purpose in excess of $3,000 on application from the receiver after notice to the owner and hearing.
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(f) May let contracts and hire agents and employees
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| to carry out the powers and duties of the receiver under this Section.
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(g) Except as specified in Section 3-510, shall honor
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| all leases, mortgages and secured transactions governing the building in which the facility is located and all goods and fixtures in the building of which the receiver has taken possession, but only to the extent of payments which, in the case of a rental agreement, are for the use of the property during the period of the receivership, or which, in the case of a purchase agreement, come due during the period of the receivership.
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(h) Shall have full power to direct and manage and to
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| discharge employees of the facility, subject to any contract rights they may have. The receiver shall pay employees at the same rate of compensation, including benefits, that the employees would have received from the owner. Receivership does not relieve the owner of any obligation to employees not carried out by the receiver.
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(i) Shall, if any resident is transferred or
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| discharged, follow the procedures set forth in Part 4 of this Article.
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(j) Shall be entitled to and shall take possession of
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| all property or assets of residents which are in the possession of a facility or its owner. The receiver shall preserve all property, assets and records of residents of which the receiver takes possession and shall provide for the prompt transfer of the property, assets and records to the new placement of any transferred resident.
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(k) Shall report to the court on any actions he has
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| taken to bring the facility into compliance with this Act or with Title XVIII or XIX of the Social Security Act that he believes should be continued when the receivership is terminated in order to protect the health, safety or welfare of the residents.
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(Source: P.A. 95-331, eff. 8-21-07.)
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