Illinois Code § 210 ILCS 40/6.1

In the case of a newly constructed facility, the permit
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standards prescribed by the Department shall provide that the licensed
skilled nursing beds in the facility may be made available to non-residents
of the facility, provided that the applicant demonstrates on the permit
application form, to the satisfaction of the Department, that the facility
can accommodate all residents requiring skilled nursing beds, as well as all
non-residents admitted to the facility requiring such beds. Such
accommodation shall be accomplished without transferring or discharging any
resident or non-resident.

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