# 89 Ill. Adm. Code 146.255: Section 146.255 Discharge

> Illinois · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P146_S146_255

## Section

- **Citation:** 89 Ill. Adm. Code 146.255
- **Heading:** Section 146.255 Discharge
- **Jurisdiction:** Illinois
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Illinois Administrative Code / Title 89 SOCIAL SERVICES / CHAPTER I: DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES / Part 146 SPECIALIZED HEALTH CARE DELIVERY SYSTEMS / Section 146.255 Discharge

## Text

Section 146
Section 146.255  Discharge
a)         If a resident does not meet the terms for occupancy as stated
in the resident contract, the SLF shall not commence involuntary discharge until
the SLF has discussed the reasons for involuntary discharge with the resident
and his or her designated representative.  Documentation of the discussion
shall be placed in the resident's record.
b)         The SLF shall provide a resident with a 30-day written notice
of proposed involuntary discharge unless such a delay might jeopardize the
health, safety, and well-being of the resident or others.  A copy of the notice
required by this subsection (b) shall be placed in the resident's record and a
copy shall be transmitted to the resident and the resident's designated
representative.  The notice shall be on a form prescribed by the Department and
shall contain all of the following:
1)         The stated reason for the proposed discharge;
2)         The effective date of the proposed discharge;
3)         A statement in not less than 14-point type that reads:
"You have a right to appeal the SLF's decision to discharge you.  You may
file a request for a hearing with the Department within ten days after
receiving this notice.  If you request a hearing, you will not be discharged
during that time unless you are unsafe to yourself or others and the SLF has
given you a notice for an emergency discharge.  If the SLF has not given you a
notice for an emergency discharge, and if the decision following the hearing is
not in your favor, you will not be discharged prior to the tenth day after
receipt of the Department's hearing decision unless you are unsafe to yourself
or others.  If the SLF provided you with a notice of emergency discharge, and
the decision following the hearing is in your favor, you will be entitled to
readmission to the SLF upon the first available apartment.  A form to appeal
the SLF's decision and to request a hearing is attached
prior to the tenth day after
receipt of the Department's hearing decision unless you are unsafe to yourself
or others.  If the SLF provided you with a notice of emergency discharge, and
the decision following the hearing is in your favor, you will be entitled to
readmission to the SLF upon the first available apartment.  A form to appeal
the SLF's decision and to request a hearing is attached.  If you have any
questions, call the Department at the telephone number listed below.";
4)         A hearing request form, together with a postage paid,
preaddressed envelope to the Department; and
5)         The name, address, and telephone number of the person charged
with the responsibility of supervising the discharge.
c)         The SLF shall prepare plans to ensure safe and orderly involuntary
discharge and protect resident health, safety, welfare and rights.
d)         A resident may be involuntarily discharged only if one or more
of the following occurs:
1)         He or she poses an immediate threat to self or others.
2)         He or she needs mental health services to prevent harm to self
or others.
3)         He or she has breached the conditions of the resident
contract.
4)         The SLF has had its certification terminated, suspended, not
renewed, or has voluntarily surrendered its certification.
5)         The SLF cannot meet the resident's needs with available
support services.
6)         The resident has received proper notice of failure to pay from
the SLF.  The resident shall have the right to make full payment up to the date
that the discharge is to be made and then shall have the right to remain in the
SLF.  This subsection (d)(6) does not apply to Medicaid-eligible residents when
the failure to pay relates to the Medicaid payment.
7)         The resident exceeds the SLF's policy for what constitutes a
temporary absence from the SLF
the SLF.  The resident shall have the right to make full payment up to the date
that the discharge is to be made and then shall have the right to remain in the
SLF.  This subsection (d)(6) does not apply to Medicaid-eligible residents when
the failure to pay relates to the Medicaid payment.
7)         The resident exceeds the SLF's policy for what constitutes a
temporary absence from the SLF.  A temporary absence shall not be considered a
basis for an involuntary discharge of a Medicaid-eligible resident until the
Department has stopped payment pursuant to Section 146.225(f).
e)         The 30-day notice required under subsection (b) of this
Section shall not apply in either of the following instances; however, a notice
and right to appeal information must still be provided when an immediate
discharge is required:
1)         When an emergency discharge is mandated by the resident's
health care or mental health needs as documented in the resident record. The
SLF may consult with the attending physician for additional support on the
emergency discharge.
2)         When the discharge is mandated to ensure the physical safety
of the resident and other residents as documented in the resident record.
f)         If the resident submits a request for hearing under subsection
(b) of this Section, the involuntary discharge shall be stayed pending a
hearing or appeal of the decision, unless the discharge is a result of a
condition allowing a discharge in less than 30 days as described under
subsections (e)(1) and (2) of this Section.
g)         In determining whether an involuntary discharge is justified,
the burden of proof in the hearing rests with the entity requesting the
discharge
the involuntary discharge shall be stayed pending a
hearing or appeal of the decision, unless the discharge is a result of a
condition allowing a discharge in less than 30 days as described under
subsections (e)(1) and (2) of this Section.
g)         In determining whether an involuntary discharge is justified,
the burden of proof in the hearing rests with the entity requesting the
discharge.
h)         If the Department determines that an involuntary discharge is
justified under subsection (d) of this Section, the resident shall not be
required to leave the SLF before the tenth day after receipt of the
Department's hearing decision unless a condition which would have allowed
discharge as described under subsections (e)(1) and (2) of this Section
develops in the interim.
i)          The SLF shall offer relocation assistance to residents involuntarily
discharged under this Section, including information on available alternative
placements.  A resident or his or her designated representative shall be
involved in planning the discharge and shall choose among the available
alternative placements.  Where an emergency makes prior resident involvement
impossible, the SLF may arrange for a temporary placement until a final
placement can be arranged.  The SLF may offer assistance in relocating from a
temporary to a final placement.
j)          When a resident discharges on a voluntary basis, he or she
shall provide the SLF with 30 days written notice of intent to discharge,
except where a delay would jeopardize the health, safety, and well-being of the
resident or others.
k)         The Department may discharge any resident from an SLF when any
of the following conditions exist:
1)         The Department has terminated or suspended the SLF
certification.
2)         The SLF is closing or surrendering its certification and
arrangement for relocation of the resident has not been made at least 30 days
prior to closure or surrender
-being of the
resident or others.
k)         The Department may discharge any resident from an SLF when any
of the following conditions exist:
1)         The Department has terminated or suspended the SLF
certification.
2)         The SLF is closing or surrendering its certification and
arrangement for relocation of the resident has not been made at least 30 days
prior to closure or surrender.
3)         The Department determines that an emergency exists which
requires immediate discharge of the resident.
l)          In cases of discharge under subsection (d) or (k) of this
Section, the resident is no longer bound by the resident contract.

## Nearby sections

- [89 Ill. Adm. Code 146.200 Section 146.200  General Description](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P146_S146_200.md)
- [89 Ill. Adm. Code 146.210 Section 146.210  Structural Requirements](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P146_S146_210.md)
- [89 Ill. Adm. Code 146.220 Section 146.220  Resident Participation Requirements](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P146_S146_220.md)
- [89 Ill. Adm. Code 146.225 Section 146.225  Reimbursement for Medicaid Residents](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P146_S146_225.md)
- [89 Ill. Adm. Code 146.230 Section 146.230  Services](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P146_S146_230.md)
- [89 Ill. Adm. Code 146.235 Section 146.235  Staffing](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P146_S146_235.md)
- [89 Ill. Adm. Code 146.240 Section 146.240  Resident Contract](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P146_S146_240.md)
- [89 Ill. Adm. Code 146.245 Section 146.245  Assessment and Service Plan and Quarterly Evaluation](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P146_S146_245.md)
- [89 Ill. Adm. Code 146.255 Section 146.255  Discharge](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P146_S146_255.md)
- [89 Ill. Adm. Code 146.260 Section 146.260  Grievance Procedure](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P146_S146_260.md)
- [89 Ill. Adm. Code 146.265 Section 146.265  Records and Reporting Requirements](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P146_S146_265.md)
- [89 Ill. Adm. Code 146.270 Section 146.270  Quality Assurance Plan](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P146_S146_270.md)
- [89 Ill. Adm. Code 146.275 Section 146.275  Monitoring](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P146_S146_275.md)
- [89 Ill. Adm. Code 146.280 Section 146.280  Non-Compliance Action](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P146_S146_280.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P146_S146_255. Check the current official text before relying on it. Not legal advice.