Illinois Appellate Court
Civil Court
Administrative Law
Nursing home filed notice of involuntary transfer and discharge against resident for failure to pay for her residency. IDPH approved the discharge, after hearing which occurred 68 days after request for hearing. Court found that IDPH did not violate statutory time requirements.Section 3-411 of Nursing Home Care Act requires that IDPH must hold a hearing on a notice for involuntary transfer or discharge within 10 days after a hearing request is filed.Provision is mandatory, and resident was not a Medicaid recipient but a Medicaid applicant. Thus IDPH lost jurisdiction because it did not conduct a hearing within 10 days. (CARTER and SCHMIDT, concurring.)