Public Act 102-0432
 
HB2433 EnrolledLRB102 12728 CPF 18067 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Nursing Home Care Act is amended  by 
changing Sections 2-204 and 3-702 as follows:
 



    (210 ILCS 45/2-204)  (from Ch. 111 1/2, par. 4152-204)



    Sec. 2-204. The Director shall appoint a Long-Term Care 
Facility Advisory
Board to consult with the Department and the 
residents' advisory councils
created under Section 2-203.

    (a) The Board shall be comprised of the following persons:

        (1) The Director who shall serve as chairman, ex 
    officio and nonvoting;
and

        (2) One representative each of the Department of 
    Healthcare and Family Services, the
Department of Human 
    Services, the Department on
Aging, and the Office of the 
    State Fire Marshal, all nonvoting members;

        (2.5) One member who represents local health 
    departments who is a nonvoting member; 
        (3) One member who shall be a physician licensed to 
    practice medicine
in all its branches;

        (4) One member who shall be a registered nurse 
    selected from the
recommendations of professional nursing 
    associations;

        (5) Four members who shall be selected from the 
    recommendations by
organizations whose membership consists 
    of facilities;

        (6) Two members who shall represent the general public 
    who are not members
of a residents' advisory council 
    established under Section 2-203 and who
have no 
    responsibility for management or formation of policy or 
    financial
interest in a facility;

        (7) One member who is a member of a residents' 
    advisory council
established under Section 2-203 and is 
    capable of actively participating on the
Board; and

        (8) One member who shall be selected from the 
    recommendations of
consumer organizations which engage 
    solely in advocacy or legal
representation on behalf of 
    residents and their immediate families.

    (b) The terms of those members of the Board appointed 
prior to the
effective date of this amendatory Act of 1988 
shall expire on December 31,
1988.  Members of the Board 
created by this amendatory Act of 1988 shall be
appointed to 
serve for terms as follows: 3 for 2 years, 3 for 3 years
and 3 
for 4 years.  The member of the Board added by this amendatory 
Act
of 1989 shall be appointed to serve for a term of 4 years.  
Each successor
member shall be appointed for a term of 4 years.  
Any member appointed to fill
a vacancy occurring prior to the 
expiration of the term for which his
predecessor was appointed 
shall be appointed for the remainder of such term.
The Board 
shall meet as frequently as the chairman deems necessary, but 
not
less than 4 times each year.  Upon request by 4 or more 
members the chairman
shall call a meeting of the Board.  The 
affirmative vote of 6 members of the
Board shall be necessary 
for Board action.  A member of the Board can designate
a 
replacement to serve at the Board meeting and vote in place of 
the member by
submitting a letter of designation to the 
chairman prior to or at the
Board meeting. The Board members 
shall be reimbursed for their actual
expenses incurred in the 
performance of their duties.

    (c) The Advisory Board shall advise the Department of 
Public Health on
all aspects of its responsibilities under 
this Act and the Specialized Mental Health Rehabilitation Act 
of 2013, including the format
and content of any rules 
promulgated by the Department of Public Health.
Any such 
rules, except emergency rules promulgated pursuant to Section 
5-45 of
the Illinois Administrative Procedure Act, promulgated 
without
obtaining the advice of the Advisory Board are null 
and void.  In the event
that the Department fails to follow the 
advice of the Board, the Department
shall, prior to the 
promulgation of such rules, transmit a written explanation
of 
the reason thereof to the Board.  During its review of rules, 
the Board
shall analyze the economic and regulatory impact of 
those rules.  If the
Advisory Board, having been asked for its 
advice, fails to advise the
Department within 90 days, the 
rules shall be considered acted upon.

(Source: P.A. 97-38, eff. 6-28-11; 98-104, eff. 7-22-13; 
98-463, eff. 8-16-13.)

 



    (210 ILCS 45/3-702)  (from Ch. 111 1/2, par. 4153-702)



    Sec. 3-702. 
(a) A person who believes that this Act or a 
rule promulgated
under this Act may have been violated may 
request an investigation. The
request may be submitted to the 
Department in writing, by telephone, by electronic means, or 
by
personal visit. An oral complaint shall be reduced to 
writing by the
Department. The Department shall make 
available, through its website and upon request, information 
regarding the oral and phone intake processes and the list of 
questions that will be asked of the complainant. The 
Department shall request information identifying the

complainant, including the name, address and telephone number, 
to help
enable appropriate follow-up. The Department shall act 
on such complaints
via on-site visits or other methods deemed 
appropriate to handle the
complaints with or without such 
identifying information, as otherwise
provided under this 
Section. The complainant shall be informed that
compliance 
with such request is not required to satisfy the procedures 
for
filing a complaint under this Act. The Department must 
notify complainants that complaints with less information 
provided are far more difficult to respond to and investigate. 

    (b) The substance of the complaint shall be provided in 
writing to the
licensee, owner, or administrator no earlier 
than at the commencement of an
on-site inspection of the 
facility which takes place pursuant to the complaint.

    (c) The Department shall not disclose the name of the 
complainant unless
the complainant consents in writing to the 
disclosure or the investigation
results in a judicial 
proceeding, or unless disclosure is essential to the

investigation. The complainant shall be given the opportunity 
to withdraw
the complaint before disclosure. Upon the request 
of the complainant, the
Department may permit the complainant 
or a representative of the complainant
to accompany the person 
making the on-site inspection of the facility.

    (d) Upon receipt of a complaint, the Department shall 
determine whether this
Act or a rule promulgated under this 
Act has been or is being violated. The
Department shall 
investigate all complaints alleging abuse or neglect within
7 
days after the receipt of the complaint except that complaints 
of abuse
or neglect which indicate that a resident's life or 
safety is in imminent
danger shall be investigated within 24 
hours after receipt of the
complaint.  All other complaints 
shall be investigated within 30 days after
the receipt of the 
complaint. The Department employees investigating a
complaint 
shall conduct a brief, informal exit conference with the 
facility
to alert its administration of any suspected serious 
deficiency that poses
a direct threat to the health, safety or 
welfare of a resident to enable an
immediate correction for 
the alleviation or elimination of such threat.
Such 
information and findings discussed in the brief exit 
conference shall
become a part of the investigating record but 
shall not in any way
constitute an official or final notice of 
violation as provided under
Section 3-301. All complaints 
shall be classified as
"an invalid report", "a valid report", 
or "an undetermined
report". For any complaint classified as 
"a valid report", the
Department must determine within 30 
working days
if any rule or provision of this Act has been or 
is being violated.

    (d-1) The Department shall, whenever possible, combine an 
on-site
investigation of a complaint in a facility with other 
inspections in order
to avoid duplication of inspections.

    (e) In all cases, the Department shall inform the 
complainant of its
findings within 10 days of its 
determination unless otherwise indicated
by the complainant, 
and the complainant may direct the Department to
send a copy of 
such findings to another person. The Department's findings
may 
include comments or documentation provided by either the 
complainant
or the licensee pertaining to the complaint. The 
Department shall also
notify the facility of such findings 
within 10 days of the determination,
but the name of the 
complainant or residents shall not be disclosed in this
notice 
to the facility. The notice of such
findings shall include a 
copy of the written determination; the
correction order, if 
any; the warning notice, if any; the inspection
report; or the 
State licensure form on which the violation is listed.

    (f) A written determination, correction order, or warning 
notice
concerning a complaint, together with the facility's 
response, shall be
available for public inspection, but the 
name of the complainant or
resident shall not be disclosed 
without his consent.

    (g) A complainant who is dissatisfied with the 
determination or
investigation by the Department may request a 
hearing under Section
3-703. The facility shall be given 
notice of any such
hearing and may participate in the hearing 
as a party.  If a facility
requests a hearing under Section 
3-703 which
concerns a matter covered by a complaint, the 
complainant shall be given
notice and may participate in the 
hearing as a party.  A request
for a hearing by either a 
complainant or a facility shall be
submitted in writing to the 
Department within 30 days after the mailing
of the 
Department's findings as described in subsection (e) of this

Section.  Upon receipt of the request the Department shall 
conduct a hearing
as provided under Section 3-703.

    (g-5) The Department shall conduct an annual review and 
make a report concerning the complaint process that includes 
the number of complaints received, the breakdown of anonymous 
and non-anonymous complaints and whether the complaints were 
substantiated or not, the total number of substantiated 
complaints that were completed in the time frame determined 
under subsection (d), and any other complaint information 
requested by the Long-Term Care Facility Advisory Board 
created under Section 2-204 of this Act or the Illinois 
Long-Term Care Council created under Section 4.04a of the 
Illinois Act on the Aging.  This report shall be provided to the 
Long-Term Care Facility Advisory Board, and the Illinois 
Long-Term Care Council, and the General Assembly.  The 
Long-Term Care Facility Advisory Board and the Illinois 
Long-Term Care Council shall review the report and suggest any 
changes deemed necessary to the Department for review and 
action, including how to investigate and substantiate 
anonymous complaints. 
    (h) Any person who knowingly transmits a false report to 
the
Department commits the offense of disorderly conduct under 
subsection
(a)(8) of Section 26-1 of the Criminal Code of 
2012.

(Source: P.A. 98-988, eff. 8-18-14; 99-642, eff. 7-28-16.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.