Section 300.3305  Department Ordered Readmission of a Resident

a)         A facility that complies with an order of the Department to readmit a resident that has been deemed to have been unlawfully discharged shall notify the Department within 10 business days after the resident has been readmitted to the facility. The notice provided to the Department shall include, but not be limited to, the following information:

1)         The executed order to readmit the resident that was issued by the Department;

2)         The Administrative Law Judge's Report and Recommendations submitted by the administrative law judge;

3)         The reason or reasons for which the resident was involuntarily discharged and an explanation of why the facility determined it should discharge the resident prior to the order to readmit;

4)         The interventions the facility had taken to attempt to mitigate or correct the behavior or condition of the resident who was involuntarily discharged and ordered to be readmitted;

5)         Any concerns that the facility maintains about risks to safety associated with readmission of the resident; and

6)         A copy of the resident's current face sheet that indicates the readmission date. Unique identifiers, such as the resident's social security number and Medicare, Medicaid, or insurance number shall be redacted.

b)         Upon readmission of a resident following an executed order by the Department, the facility shall conduct a reassessment of the resident to determine any necessary changes to the resident's care plan. The assessment shall include identification of any steps the facility could take to attempt to mitigate or correct the behavior or condition of the resident that resulted in the resident being involuntarily discharged.

c)         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 pursuant to subsection (a), the Department shall take into account the notice provided by the facility under this Section in considering whether to impose a fine.  (Section 3-305.7 of the Act)

d)         Facility Noncompliance with a Department Transfer or Discharge Order to Readmit. A facility that fails to comply with an order of the Department to readmit a resident, issued pursuant to Section 3-703 and 3-707 of the Act, who wishes to return to the facility and is appropriate for the level of care and services provided by the facility, shall be assessed a $2,500 fine by the Department.  As used in this subsection (d), "comply with an order" means that a resident is living in a facility or that a facility and a resident have agreed on a schedule for readmission.  (Section 3-305.6 of the Act)

(Source:  Added at 50 Ill. Reg. 8176, effective May 26, 2026)