(405 ILCS 5/3-908) (from Ch. 91 1/2, par. 3-908)

Sec. 3-908. Application for transfer of recipient to another Department facility.

(a) The facility director of any Department facility may transfer a recipient to another Department facility if he determines the transfer to be clinically advisable and consistent with the treatment needs of the recipient.

(b) A recipient, his or her attorney, guardian, if any, and responsible relative, in any Department facility may make a written application to the facility director of the recipient's current facility to transfer to another Department facility. The Department shall provide the form to make such an application to a recipient, his or her attorney, guardian, if any, and responsible relative upon request. A recipient of services shall not include a person with the primary diagnosis of a developmental disability.

(c) Upon receipt of the recipient's application, the facility director shall promptly schedule a hearing to be held within 7 days under Section 3-207. The hearing shall be held at the recipient's current facility.

(d) At the hearing the recipient shall have the burden of proving that:

(1) the facility to which the recipient is requesting a transfer to a less restrictive facility that provides treatment which is more clinically appropriate for the recipient. If the recipient refuses the transfer it shall be considered the same as if the recipient was denied a transfer and the recipient shall be prohibited from making another request for 180 days after the initial denial of transfer; and

(2) the transfer does not threaten the safety of the recipient or others.

If the utilization review committee finds that the recipient has sustained his burden and the request for transfer is supported by substantial evidence, it shall recommend that the transfer proceed within 30 days. If it does not so find, it shall recommend that the recipient not be transferred. If the transfer to a less restricted facility cannot be executed due to lack of beds, the transferring facility shall inform the recipient and his petitioning attorney or guardian, in writing, and provide an estimated time frame for the transfer.

(e) If a recipient's application for transfer is denied, no application may be filed for 180 days. The recipient does, however, have the right to administratively appeal any decision of the utilization review committee.

(Source: P.A. 102-593, eff. 8-27-21.)