PART 107 ADMISSION TO AND DISCHARGE FROM ILLINOIS VETERANS HOMES : Sections Listing

TITLE 95: VETERANS AND MILITARY AFFAIRS
CHAPTER I: DEPARTMENT OF VETERANS' AFFAIRS
PART 107 ADMISSION TO AND DISCHARGE FROM ILLINOIS VETERANS HOMES


AUTHORITY: Implementing and authorized by the Department of Veterans Affairs Act [20 ILCS 2805].

SOURCE: Filed and effective December 15, 1977; amended at 6 Ill. Reg. 5188, effective April 14, 1982; codified at 6 Ill. Reg. 8439; amended at 12 Ill. Reg. 14356, effective August 30, 1988; amended at 25 Ill. Reg. 5756, effective April 17, 2001; amended at 26 Ill. Reg. 15321, effective October 11, 2002.

 

Section 107.10  Admission of Veterans

 

a)         The Administrator may admit to an Illinois Veterans  Home any honorably discharged ex-service man or woman, provided the applicant:

 

1)         Has served in the armed forces of the United States at least 1 day between the dates recognized by the United States Department of Veterans Affairs (USDVA) (see 38 USC 101 et seq. for specific dates), or between any other present or future dates recognized by the USDVA as a war period, or has served in a hostile fire environment and has been awarded a campaign or expeditionary medal signifying his or her service, for purposes of eligibility for domiciliary or nursing home care, or has:  

 

A)        served on active duty in the armed forces for one year, for purposes of eligibility for domiciliary care only;  or

 

B)        served in the National Guard or Reserve Forces of the United States and completed 20 years of satisfactory service and is otherwise eligible to receive reserve or active duty retirement benefits, for purposes of eligibility for domiciliary care only; and

 

2)         Has service accredited to the State of Illinois or has been a resident of this State for one year immediately preceding the date of application; and

 

3)         Is disabled by disease, wounds, or otherwise, and by reason of such disability is incapable of earning a living.

 

b)         Applicants with a history of aggressive or self-abusive behavior may be admitted only if the Home has in place appropriate, effective and individualized  programs to manage the resident's behaviors and adequate, properly trained and supervised staff to administer the programs (see 77 Ill. Adm. Code 340.1310(c)).

 

c)         An applicant denied admission because of the failure to meet any of the criteria in subsection (a) or (b) shall be advised fully of eligibility for care in a USDVA, State, county, or city hospital, or other Home.

 

d)         No applicant/resident determined by professional evaluation to be in need of services not readily available in a particular Home, or distinct part of a Home, or through arrangement with a qualified outside source, shall be admitted to or kept in that Home, provided that all involuntary discharges and transfers shall be in accordance with Sections 3-401 through 3-423 of the Nursing Home Care Act [210 ILCS 45].  The Department defines a "qualified outside source" as one recognized as meeting professional standards for services provided.

 

e)         Before a prospective resident's admission to a Home, the Home shall advise the prospective resident to consult a physician to determine whether the prospective resident should obtain a vaccination against pneumococcal pneumonia [210 ILCS 45/2-213].

 

(Source:  Amended at 26 Ill. Reg. 15321, effective October 11, 2002)

 

Section 107.20  Admission of a Spouse of a Veteran

 

a)         The Administrator of the Illinois Veterans' Homes at Quincy and Anna may admit the spouse of a veteran who is making application, provided the veteran meets the eligibility requirements and the spouse:

 

1)         Has been married to the veteran for at least five years prior to making application; and

 

2)         Has no adequate means of support and is unable to earn a living.

 

b)         Preference for filling vacant beds or for filling vacant beds from a waiting list shall first be granted to eligible veterans.

 

c)         Applicants with a history of aggressive or self-abusive behavior may be admitted only if the Home has in place appropriate, effective and individualized programs to manage the resident's behaviors and adequate, properly trained and supervised staff to administer the programs (see 77 Ill. Adm. Code 340.1310(c)). An applicant denied admission because of any one or more of these conditions shall be advised fully of eligibility for care in a State, county, or city hospital, or other Home.

 

d)         Before a prospective resident's admission to a Home, the Home shall advise the prospective resident to consult a physician to determine whether the prospective resident should obtain a vaccination against pneumococcal pneumonia [210 ILCS 45/2-213].

 

(Source:  Amended at 25 Ill. Reg. 5756, effective April 17, 2001)

 

Section 107.30  Admission of Widow or Widower of a Veteran

 

a)         The Administrator of the Illinois Veterans' Homes at Quincy and Anna may admit the widow or widower of a veteran provided the veteran's military service meets the eligibility requirements, vacant beds exist, and the widow or widower:

 

1)         Has lived in the State of Illinois for a continuous period of one year immediately before making application; and

 

2)         Has no adequate means of support and is unable to earn a living.

 

b)         Preference for filling vacant beds or for filling vacant beds from a waiting list shall be granted first to eligible veterans.

 

c)         Applicants with a history of aggressive or self-abusive behavior may be admitted only if the Home has in place appropriate, effective and individualized programs to manage the resident's behaviors and adequate, properly trained and supervised staff to administer the programs (see 77 Ill. Adm. Code 340.1310(c)). An applicant denied admission because of any one or more of these conditions shall be advised fully of eligibility for care in a State, county, or city hospital, or other Home.

 

d)         Before a prospective resident's admission to a Home, the Home shall advise the prospective resident to consult a physician to determine whether the prospective resident should obtain a vaccination against pneumococcal pneumonia [210 ILCS 45/2-213].

 

(Source:  Amended at 25 Ill. Reg. 5756, effective April 17, 2001)

 

Section 107.40  Admission of an Applicant Discharged or Paroled from a Penal Institution

 

The Administrator may admit an applicant who has been discharged or paroled from a penal institution provided he meets the eligibility requirements set forth above.

 

(Source:  Amended at 25 Ill. Reg. 5756, effective April 17, 2001)

 

Section 107.50  Discharge from Homes

 

a)         Discharge from a Home shall be made when a resident:

 

1)         Is rehabilitated to the point where he (she) is no longer disabled.

 

2)         Develops a chronic medical condition that is so severe that it cannot be treated appropriately at a Home or distinct part of a Home, or through arrangement with a qualified outside resource, provided that all involuntary discharges and transfers shall be in accordance with Article III, Part 4 of the Illinois Nursing Home Care Act [210 ILCS 45/Art. III, Part 4].

 

3)         Is permanently transferred to another facility or living arrangement.

 

4)         Poses such serious and consistent behavioral problems that he/she is a danger to him/herself or to others.

 

5)         Fails to pay the established maintenance fee or other legitimate charges within a reasonable time period.

 

b)         A Home shall not refuse to discharge or transfer a resident when requested to do so by the resident or, if the resident is incompetent, by the resident's guardian.

 

c)         If a resident insists on being discharged and is discharged against medical advice, the facts involved in the situation shall be fully documented in the resident's clinical record.

 

d)         A Home shall document all leaves and temporary transfers.  The documentation shall include date, time, condition of resident, person to whom the resident was released, planned destination, anticipated date of return, and any special instructions on medication dispensed  (See 77 Ill. Adm. Code 340.1310).

 

(Source:  Amended at 25 Ill. Reg. 5756, effective April 17, 2001)