Section 390.630 Admission, Retention and Discharge Policies

Section 390

Section 390.630  Admission,

Retention and Discharge Policies

a)         The facility shall comply with Section 390.625 subsections (d)

through (j) for all new residents.  The facility shall review the results of

the criminal history background checks immediately upon receipt of these

checks.

b)         All involuntary discharges and transfers shall be in

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

c)         A facility shall admit only residents who have had a

comprehensive evaluation of their medical history and physical and

psycho/social factors conducted by an appropriately constituted

interdisciplinary team.  No resident determined by professional evaluation to

be in need of services not readily available in a particular facility shall be

admitted to or kept in that facility.  Additionally, emotional and cognitive

histories shall be evaluated when applicable and available.

d)         A facility shall be used exclusively for medically complex and

developmentally disabled persons ("medically complex" and "developmental

disability" are defined in Section 390.330), except when the facility's

interdisciplinary team has determined that either initial or continued

placement in the facility is appropriate because of the resident's physical and

mental functioning status, and that the facility has the service resources to

meet the needs of the resident.  The facility interdisciplinary team shall

further determine that placement shall not constitute a serious danger to the

other residents.

e)

A resident may be discharged from a facility after he or

she gives the administrator, a physician, or a nurse of the facility written

notice of his or her desire to be discharged.  If a guardian has been appointed

for a resident or if the resident is a minor, the resident shall be discharged

upon written consent of his or her guardian or if the resident is a minor, his

or her parent unless there is a court order to the contrary

facility after he or

she gives the administrator, a physician, or a nurse of the facility written

notice of his or her desire to be discharged.  If a guardian has been appointed

for a resident or if the resident is a minor, the resident shall be discharged

upon written consent of his or her guardian or if the resident is a minor, his

or her parent unless there is a court order to the contrary.

(Section

2-111 of the Act)

f)         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.

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

attending physician.  If this approval is given, the facility shall have the right

to discharge or transfer a resident to an appropriate resource in accordance

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

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

authorized by the license issued to it.

i)

Upon a finding by the Department that there has been a

substantial failure to comply with

the

Act

and Section 390.165,

including,

without limitation, the circumstances set forth in subsection (a) of Section

3-119 of

the

Act, or if the Department otherwise finds 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)

j)

The Department

will

provide notice to the facility

and licensee of any ban imposed pursuant to

subsection (h)

and Section 390.165.

The notice shall provide

clear and concise statements of the circumstances on which the ban on new

admissions is based and notice of the opportunity for a hearing

ines that the circumstances giving rise to the ban no longer

exist.

(Section 3-119.1(a) of the Act)

j)

The Department

will

provide notice to the facility

and licensee of any ban imposed pursuant to

subsection (h)

and Section 390.165.

The notice shall provide

clear and concise statements 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)

k)

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 (h),

then the ban on new admissions may be

ordered pending any hearing requested by the facility.

(Section 3-119.1(b)

of the Act)

l)          No identified offender shall be admitted to or kept in the

facility, unless the requirements of Section 390.625(d) through (j) for new

admissions and the requirements of Section 390.635 are met.