1. File your hearing request
You have the right to contest the decision to transfer or discharge you by filing a Request for a Hearing with the Illinois Department of Public Health within 10 days after receiving the discharge notice. If you wish to contest the proposed involuntary transfer or discharge, the Facility will provide you a Request for Hearing Form and a pre-addressed envelope provided which should be mailed to:
The Department of Public Health
Hearings Review Office
535 W. Jefferson St.
Springfield, IL 62761.
You may also fax your Request for Hearing to Illinois Department of Public Health, Attention: Hearings Review Office at (217) 557-3497.
If you file a request, the facility cannot discharge or transfer you while the appeal is pending. If there is an emergency which threatens the safety of you or others, the facility may discharge you without advance notice.
After receiving your request, IDPH will send a letter to you and the nursing home providing you either a hearing date or a time for a telephone conference to set the hearing date.
2. Review your file
Before the hearing, you have the right to review your entire nursing home file. The nursing home must provide the documents it will present at the hearing and the names of the witnesses that will testify against you. You must provide the same information to the nursing home. You have the right to be present at the hearing which should take place at your nursing home.
3. Go to your hearing
Upon receiving your appeal, IDPH will conduct a hearing at the facility within 10 days. You are allowed to be at the hearing, testify, and present witnesses and other evidence in support of your case. You are allowed to be represented by a lawyer or other advocate of your choice.
At the hearing, the nursing home is required to prove the necessity of the transfer or discharge. You have the right to present witnesses; cross-examine the nursing home’s witnesses; and present evidence in support of your case. IDPH will then issue a written decision within 14 days after the hearing.
Even if IDPH rules against you, the facility will not discharge you within less than 34 days after the date you received the original discharge notice, whichever is later.
4. Appeal the decision, if necessary
If the IDPH hearing officer rules against you, you are entitled to file a complaint in Illinois Circuit Court. You must file this Complaint within 35 days of the IDPH decision. You or your lawyer will have the opportunity to make written and oral arguments in support of your complaint. The judge will then decide whether the hearing officer fairly considered the facts and properly applied the law. The judge can order that you not be discharged or transferred, can uphold the decision to discharge or transfer you, can remand your case to be reevaluated, or require IDPH to provide more information.