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HB1597 - 104th General Assembly
FACILITY-TRANSFER & DISCHARGE
Last Action
House Sponsors
Rep. Anne Stava, Nicolle Grasse, Norma Hernandez and Hoan HuynhSenate Sponsors
(Sen. Kimberly A. Lightford)Statutes Amended In Order of Appearance
210 ILCS 45/2-111from Ch. 111 1/2, par. 4152-111
210 ILCS 45/3-401from Ch. 111 1/2, par. 4153-401
210 ILCS 45/3-402from Ch. 111 1/2, par. 4153-402
210 ILCS 45/3-404from Ch. 111 1/2, par. 4153-404
210 ILCS 45/3-405from Ch. 111 1/2, par. 4153-405
210 ILCS 45/3-411from Ch. 111 1/2, par. 4153-411
210 ILCS 45/3-413from Ch. 111 1/2, par. 4153-413
Synopsis As Introduced
Amends the Assisted Living and Shared Housing Act. Makes changes to assessments for admission to establishments and service plan requirements. Requires an establishment to notify the resident and the resident's representative when there is a significant change in the resident's condition that affects the establishment's ability to meet the resident's needs. Prohibits an establishment from terminating or reducing any service without the consent of the resident or the resident's representative for the purpose of making it more difficult or impossible for the resident to remain in the establishment. Adds new requirements for establishments and the Department of Public Health regarding the involuntary termination of residency. Provides that a resident has the right to not be unlawfully transferred or discharged. Makes other changes. Amends the Nursing Home Care Act. Prohibits a resident from being transferred or discharged in violation of the Act. Provides that a resident has the right not to be unlawfully transferred or discharged. Provides for the assessment of a $2,500 fine for a facility that fails to comply with an order to readmit a resident who wishes to return to the facility and is appropriate for that level of care and services provided. Requires a facility that complies with an order to readmit a resident that has been deemed to have been unlawfully discharged to notify the Department within 10 business days after the resident has been readmitted to the facility. Provides that a facility may involuntarily transfer or discharge a resident because the facility is unable to meet the medical needs of the resident, as documented in the resident's clinical record by the resident's physician. Provides that the Department maintains jurisdiction over the transfer or discharge irrespective of the timing of the notice and discharge. Provides that if the Department determines that a transfer or discharge is not authorized, then the Department shall issue a written decision stating that the transfer or discharge is denied. Makes other changes. Effective immediately.
House Committee Amendment No. 1
Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes: Removes provisions that required the Department of Public Health to consider an order from an administrative law judge and steps the facility took to safely care for the resident when considering whether a violation occurred. In provisions concerning the ordered readmission of a patient, provides that, if a resident whose readmission was ordered by the Department engages in conduct similar to that which led to the resident's involuntary discharge and for which the facility documented concerns, the Department shall take into account the required notice provided by the facility in considering whether to impose a fine. Changes the effective date to January 1, 2026 (instead of an immediate effective date).
Actions
| Date | Chamber | Action |
|---|---|---|
| 1/22/2025 | House | Filed with the Clerk by Rep. Anne Stava |
| 1/28/2025 | House | First Reading |
| 1/28/2025 | House | Referred to Rules Committee |
| 2/18/2025 | House | Assigned to Human Services Committee |
| 3/05/2025 | House | House Committee Amendment No. 1 Filed with Clerk by Rep. Anne Stava |
| 3/05/2025 | House | House Committee Amendment No. 1 Referred to Rules Committee |
| 3/11/2025 | House | House Committee Amendment No. 1 Rules Refers to Human Services Committee |
| 3/19/2025 | House | House Committee Amendment No. 1 Adopted in Human Services Committee; by Voice Vote |
| 3/19/2025 | House | Do Pass as Amended / Short Debate Human Services Committee; 012-000-000 |
| 3/19/2025 | House | Placed on Calendar 2nd Reading - Short Debate |
| 3/26/2025 | House | Second Reading - Short Debate |
| 3/26/2025 | House | Placed on Calendar Order of 3rd Reading - Short Debate |
| 4/07/2025 | House | Third Reading - Short Debate - Passed 102-000-000 |
| 4/07/2025 | House | Added Co-Sponsor Rep. Nicolle Grasse |
| 4/07/2025 | House | Added Co-Sponsor Rep. Norma Hernandez |
| 4/08/2025 | Senate | Arrive in Senate |
| 4/08/2025 | Senate | Placed on Calendar Order of First Reading April 9, 2025 |
| 4/14/2025 | Senate | Chief Senate Sponsor Sen. Kimberly A. Lightford |
| 4/14/2025 | Senate | First Reading |
| 4/14/2025 | Senate | Referred to Assignments |
| 4/23/2025 | Senate | Assigned to Health and Human Services |
| 4/25/2025 | House | Added Co-Sponsor Rep. Hoan Huynh |
| 4/30/2025 | Senate | Do Pass Health and Human Services; 008-000-000 |
| 4/30/2025 | Senate | Placed on Calendar Order of 2nd Reading May 1, 2025 |
| 5/07/2025 | Senate | Second Reading |
| 5/07/2025 | Senate | Placed on Calendar Order of 3rd Reading May 8, 2025 |
| 5/20/2025 | Senate | Placed on Calendar Order of 3rd Reading ** |
| 5/22/2025 | Senate | Third Reading - Passed; 058-000-000 |
| 5/22/2025 | House | Passed Both Houses |
| 6/20/2025 | House | Sent to the Governor |
| 8/15/2025 | House | Governor Approved |
| 8/15/2025 | House | Effective Date January 1, 2026 |
| 8/15/2025 | House | Public Act . . . . . . . . . 104-0191 |