1. Review your file
Before the hearing, 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 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.
2. Go to the hearing
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. You have the right be represented by a lawyer or have the long term care ombudsman assist you. IDPH will then issue a written decision.
If IDPH rules against you, the facility may not transfer or discharge you until ten days after the written decision or 34 days after the date you received the original notice of involuntary transfer or discharge, whichever is later.