Health & Benefits

You have the right to contest the decision to transfer or discharge you from a nursing home. You must file a Request for a Hearing When the parties in a case present their sides of a case to a judge or other officer with the Illinois Department of Public Health within 10 days after receiving the transfer or discharge notice.  If you want to contest the proposed transfer or discharge, the Facility will provide you a Request for Hearing form and a pre-addressed envelope. This 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 A request to change a court's decision is pending. If there is an emergency that threatens the safety of you or others, the facility may discharge you without notice.

After receiving your request, IDPH will send a letter to you and the nursing home. This letter will have either a hearing date or a time for a telephone conference to set the hearing date.

Before the hearing When the parties in a case present their sides of a case to a judge or other officer , 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 To answer questions under oath 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.

Upon receiving your appeal A request to change a court's decision , IDPH will conduct a hearing When the parties in a case present their sides of a case to a judge or other officer at the facility within 10 days. You are allowed to be at the hearing, testify To answer questions under oath , and present witnesses and other evidence Anything used to show that something is true in support of your case. You are allowed to have a lawyer Someone who represents clients in courts or who gives legal advice or other advocate of your choice represent you.

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 you filed your hearing request.

Even if IDPH rules against you, the facility may not transfer or discharge you until 10 days after the written decision or 34 days after the date you received the original notice of involuntary transfer or discharge, whichever is later. The facility can make you leave earlier if there is an emergency with your health care needs or the move is necessary for the safety of others. 

If the IDPH hearing When the parties in a case present their sides of a case to a judge or other officer officer rules against you, you can ask for judicial review under administrative review law. You must file your petition (noun) A written request to a court (verb) To request from a court within 15 days after you receive notice of IDPH's final decision. You will not automatically be allowed to stay at the facility while you wait for the court's decision. 

If your appeal A request to change a court's decision is unsuccessful, you have the right to a safe discharge or transfer. The facility and IDPH must ensure that the new setting is safe and appropriate for you.

IDPH must offer you relocation assistance, including information on available alternative placements. Except in emergencies, you may be involved in planning your transfer, including choosing among available alternative placements. 

The facility you are being discharged from must offer you counseling services before the transfer or discharge.