Illinois Lengthy-Time period Care Legislation Replace: Modifications to Nursing Dwelling Change of Possession Course of


Efficient January 1, 2025, Illinois enacted a regulation that incorporates a number of updates to Illinois’s change of possession (“CHOW”) legal guidelines for nursing properties.

Modifications to Illinois’ CHOW Legal guidelines

Illinois Public Act 103-0776 (“CHOW Legislation”) replaces Sections 3-112,  3-113 and 3-114 of the Illinois Nursing Dwelling Care Act (the “Act”). The CHOW Legislation supplies that nursing dwelling homeowners should submit an operations transition plan upon a change of possession.

Operations Transition Plans Required

Underneath the CHOW Legislation, the operations transition plan should embody an in depth clarification of how resident care and applicable staffing ranges will probably be maintained till the license has been obtained and the switch of facility operations happens.

Particularly, the transferee shall undergo the Illinois Division of Public Well being (“IPDH”) a transition plan, signed by each the transferee and the transferor, that features, at a minimal, an in depth clarification of how resident care and applicable staffing ranges shall be maintained till the license has been obtained and the switch of the power operations happens. The transition plan have to be submitted similtaneously the discover to the IPDH concerning the switch. The transferor and transferee shall coordinate as crucial to make sure no gaps in care, staffing and security through the transition interval.

State Approval Required

IPDH is not going to approve any change of possession and not using a ample transition plan.

IPDH should settle for or reject the transition plan inside ten days after submission. If the transition plan is rejected, IPDH shall work with the power, transferee and transferor to convey the transition plan into compliance.

Penalties

The CHOW Legislation requires the imposition of penalties for the failure to supply a transition plan and guarantee residents are offered sufficient care through the change of possession course of.  

If IPDH finds that an entity did not observe an accepted transition plan and guarantee residents are offered sufficient care through the change of possession course of, and finds precise hurt to a resident, IPDH shall set up a high-risk designation pursuant to the Act. IPDH shall problem a violation to the entity that failed to hold out its accountability underneath the transition plan that resulted within the violation.

Sensible Takeaways

Potential Illinois nursing dwelling operators and Illinois nursing properties transferring possession of nursing properties ought to consider the necessities wanted for the operation transition plan and the approval of such plan when negotiating and finishing the acquisition and sale of an Illinois nursing dwelling.

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Corridor Render weblog posts and articles are supposed for informational functions solely. For moral causes, Corridor Render attorneys can’t give authorized recommendation outdoors of an attorney-client relationship.

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