Section 300.3305 Department Ordered Readmission of a Resident

TITLE 77: PUBLIC HEALTH

CHAPTER I: DEPARTMENT OF PUBLIC HEALTH

SUBCHAPTER d: LONG-TERM CARE FACILITIES

PART 300 SKILLED NURSING AND INTERMEDIATE CARE FACILITIES CODE

SECTION 300.3305 DEPARTMENT ORDERED READMISSION OF A RESIDENT

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

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)