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| Public Act 098-0988 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Nursing Home Care Act is amended by changing | ||||
Section 3-702 as follows:
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(210 ILCS 45/3-702) (from Ch. 111 1/2, par. 4153-702)
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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
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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.
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(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.
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(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
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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.
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(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
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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
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Department must determine within 30 working days
if any rule or | ||
provision of this Act has been or is being violated.
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(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.
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(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.
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(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.
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(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.
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(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, 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. The Long-Term Care 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.
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(Source: P.A. 97-1150, eff. 1-25-13.)
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Section 10. The ID/DD Community Care Act is amended by | ||
changing Section 3-702 as follows: | ||
(210 ILCS 47/3-702)
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Sec. 3-702. Request for investigation of violation. | ||
(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 or her 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, and any other complaint information requested by
| ||
the DD Facility Advisory Board. This report shall be provided | ||
to the DD Facility Advisory Board. The DD Facility Advisory | ||
Board 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.
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(Source: P.A. 96-339, eff. 7-1-10; 97-1150, eff. 1-25-13.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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