Section 350.630 Admission, Retention and Discharge Policies

Section 350

Section 350.630  Admission,

Retention and Discharge Policies

a)         All involuntary discharges and transfers shall be in

accordance with Sections 3-401 through 3-423 of the Act.

b)         Only residents who have had a comprehensive evaluation

covering physical, emotional, social and cognitive factors, conducted by an

appropriately constituted interdisciplinary team shall be admitted.

c)         No resident determined by professional evaluation to be in

need of skilled level of nursing care shall be admitted to, or kept in, an

Intermediate Care Facility, or Intermediate Care Facility for the

Developmentally Disabled, or any distinct part of the facility designated and

classified for intermediate care for the developmentally disabled.

d)         Each facility shall have a policy concerning the admission of

persons needing prenatal or maternity care, and a policy concerning the keeping

of these persons who become pregnant while they are residents of the facility.  If

these policies permit these persons to be admitted to or kept in the facility,

then the facility shall have a policy concerning the provision of adequate and

appropriate prenatal and maternity care to these individuals from in-house or

outside resources.

e)         A facility for infants and children under 18 years of age

shall be used exclusively for children.  Persons under 18 years of age may not

be cared for in a facility for adults without prior approval from the

Department.  This approval will be granted only when it is the best possible

placement for the person under the particular set of circumstances.

f)         A facility 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

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be cared for in a facility for adults without prior approval from the

Department.  This approval will be granted only when it is the best possible

placement for the person under the particular set of circumstances.

f)         A facility 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.

g)         If a resident insists on being discharged and is discharged

against the advice of a physician or a Qualified Intellectual Disability

Professional, the facts involved in the situation shall be fully documented in

the resident's clinical record.

h)         No resident shall be discharged without the concurrence of the

attending physician.

i)          No resident shall be admitted with a communicable, contagious

or infectious disease except as set forth in Section 350.1223 of this Part.

j)          A facility shall not admit more residents than the number

authorized by the license issued to it.

k)         No identified offender shall be admitted to or kept in a

facility, unless the requirements of Section 350.625 for new admissions and the

requirements of Section 350.635 are met.

l)

Upon

a finding by the Department that there has been a substantial failure to comply

with

the

Act and Section 350.165, including, without limitation, the

circumstances set forth in subsection (a) of Section 3-119 of

the

Act,

or if the Department otherwise finds that it would be in the public interest or

the interest of the health, safety, and welfare of facility residents, the

Department may impose a ban on new admissions to any facility licensed under

the

Act.  The ban shall continue until the Department determines that the

circumstances giving rise to the ban no longer exist.

(Section 3-119.1(a) of

the Act)

m)

The

Department shall provide notice to the facility and licensee of any ban imposed

pursuant to

subsection (l) and Section 350.165

facility residents, the

Department may impose a ban on new admissions to any facility licensed under

the

Act.  The ban shall continue until the Department determines that the

circumstances giving rise to the ban no longer exist.

(Section 3-119.1(a) of

the Act)

m)

The

Department shall provide notice to the facility and licensee of any ban imposed

pursuant to

subsection (l) and Section 350.165.

The notice shall

provide a clear and concise statement of the circumstances on which the ban on

new admissions is based and notice of the opportunity for a hearing.

(Section

3-119.1(b) of the Act)

n)

If the Department finds that the public interest or the

health, safety, or welfare of facility residents imperatively requires

immediate action and if the Department incorporates a finding to that effect in

its notice

per subsection (m)

, then the ban on new admissions may be

ordered pending any hearing requested by the facility.

(Section 3-119.1(b)

of the Act)