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How To Remove Someone From An Illinois Nursing Home
Deciding to remove a loved one from a nursing home can be emotionally and legally complicated. Whether the reason involves inadequate care, nursing home abuse or neglect, or a simple desire for a more suitable environment, families must follow certain legal procedures and be aware of the rights and risks involved.
In this blog, we explore how to remove a patient from a nursing home in Illinois, the steps involved, and important statistics and laws that families should know.
Reasons for Removing a Nursing Home Resident
There are several reasons why a family or legal representative might want to remove a resident from a nursing facility in Illinois:
- Abuse or Neglect: If there is evidence of mistreatment, immediate removal may be necessary.
- Declining Quality of Care: Poor hygiene, insufficient medical attention, or unresponsive staff can trigger concerns.
- Desire for Home Care: Some families choose to bring loved ones home or transfer them to an in-home care service.
- Better Facilities Elsewhere: A different facility may offer specialized services or a more suitable location.
- Personal Preference: Residents may want to live with family or in a less institutional environment.
According to the Illinois Department on Aging, 1 in 10 nursing home residents experience some form of abuse or neglect.
Who Has the Right to Remove a Resident from a Nursing Home?
The right to remove a nursing home resident depends on their mental capacity and legal status:
- Mentally Competent Residents: They have the right to leave voluntarily at any time.
- Power of Attorney (POA): If a patient is cognitively impaired, the person with durable power of attorney for healthcare decisions typically has the right to make decisions on their behalf.
- Legal Guardian: If a guardian has been appointed by a court, they may remove the person from the facility.
If there’s a dispute about a resident’s capacity or the validity of a POA, legal intervention may be required through the probate court system.
Step-by-Step Guide to Removing a Resident from a Nursing Home in Illinois
1. Assess the Legal Authority
The first step is determining who can legally make the decision to remove the patient:
- Does the resident have legal capacity?
- Is there a healthcare power of attorney document?
- Has a court appointed a guardian?
If you don’t have legal authority, you may need to petition the court for guardianship.
2. Review the Nursing Home Contract
Carefully examine the admission agreement signed when the resident entered the facility. These contracts often contain:
- Notice requirements for withdrawal or discharge
- Terms regarding unpaid fees
- Responsibility for continued care
Breaking this contract without proper notice could result in financial penalties or disputes.
3. Prepare a Transition Plan
Before removing the resident, ensure that proper medical, logistical, and safety measures are in place. This may include:
- Arranging in-home care or alternative placement
- Acquiring medical records
- Getting necessary medications and supplies
- Hiring transportation, particularly for immobile patients
If the resident is on Medicaid, verify how services will continue post-discharge. The Illinois Department of Healthcare and Family Services (HFS) provides resources for home and community-based services.
4. Notify the Nursing Home
Provide written notice of the decision to remove the patient. This can be in the form of a formal discharge letter stating:
- Who is initiating the removal
- Legal authority (if applicable)
- Date of discharge
- Where the resident will be relocated
- A request for medical records and personal property
Nursing homes are required under 42 CFR § 483.15 to cooperate with discharge plans and transfer processes.
5. Coordinate Medical and Legal Paperwork
Work with the resident’s primary care physician and the facility’s staff to complete:
- Discharge summaries
- Medication lists
- Care instructions
- Updated power of attorney documents (if needed)
The Illinois Nursing Home Act mandates that residents receive a post-discharge plan of care if they are being released from a nursing home for medical or personal reasons.
6. Remove the Resident and Their Belongings
On the scheduled date, bring proper identification, legal documents, and transportation. Nursing home staff should release the resident’s:
- Personal belongings
- Medications
- Durable medical equipment (if applicable)
Document everything in writing to avoid future disputes with the facility.
Can the Nursing Home Refuse to Let a Resident Leave?
Under federal and state law, a nursing home cannot hold a resident against their will. Doing so could constitute false imprisonment or elder abuse. However, the facility may raise concerns if:
- The person lacks capacity
- The person is under court-ordered care
- There is no safe discharge plan
In such cases, Adult Protective Services or the Illinois Department of Public Health (IDPH) may intervene to assess the situation.
What Happens If Abuse or Neglect Is Involved?
If you’re removing someone due to suspected abuse, act immediately:
1. File a Complaint
Contact the Illinois Department of Public Health (IDPH) and file a complaint against the nursing home:
- Phone: 1-800-252-4343
- Online: IDPH Nursing Home Complaint Form
IDPH investigates complaints of substandard care, neglect, and abuse against nursing homes.
2. Report to Adult Protective Services
If the resident is over 60 or a disabled adult, contact Adult Protective Services at:
- Hotline: 1-866-800-1409
They will conduct an investigation and help ensure a safe transition.
3. Contact an Illinois Nursing Home Abuse Lawyer
You may have grounds for a lawsuit against the facility if your loved one was injured or harmed. In 2022 alone, over 2,500 complaints were filed against Illinois long-term care facilities. The top-rated Illinois nursing home neglect lawyers at John J. Malm & Associates can help.
What About Financial Responsibility?
When removing someone from a nursing home, especially mid-month, billing and refunds can get complicated. Consider the following:
- Medicaid Recertification: If the resident was on Medicaid, verify continued eligibility and care coverage.
- Private Pay Accounts: Request a final billing statement in writing.
- Deposits and Refunds: Ask about security deposits or prepaid charges and whether they are refundable.
Be cautious of any request to sign additional paperwork. If pressured, consult an attorney before agreeing.
Transferring to Another Nursing Home Facility
In some cases, removal means transferring to a better facility—not going home. Follow these steps:
- Choose a New Facility: Use Medicare’s Nursing Home Compare tool to evaluate ratings and violations.
- Schedule a Tour or Virtual Visit: Confirm the new location can meet your loved one’s needs.
- Initiate a Transfer Plan: Work with both facilities to coordinate care and medical records.
- Notify Insurance or Medicaid: Ensure continuity of care coverage.
According to Medicare, Illinois has over 1,200 licensed long-term care facilities, but only 64% have above-average ratings in areas like staffing and resident satisfaction.
What Are the Risks of Removal from a Nursing Home?
Removing someone from a nursing home without preparation can have serious consequences:
- Medical Decline: The individual may deteriorate without 24/7 medical care.
- Loss of Medicaid Bed Hold: Illinois Medicaid allows for short-term leaves, but longer absences can result in loss of benefits.
- Emotional Distress: Rapid removal may cause the nursing home resident to experience confusion, depression, or trauma.
Always consult medical and legal professionals before making any major decisions.
Contact the Award-Winning Illinois Nursing Home Abuse and Neglect Lawyers at John J. Malm & Associates
Removing a resident from a nursing home in Illinois is a serious decision that requires legal authority, a safe transition plan, and careful coordination with medical professionals. Whether it’s due to concerns about care, a desire to return home, or finding a better facility, families must protect their loved one’s physical and legal well-being throughout the process.
If you or a loved one suffered neglect or abuse at a nursing home, don’t wait to get help. Contact John J. Malm & Associates for a free consultation and learn more about how you may be entitled to compensation for your injuries.