Public Act 098-0988
 
HB5703 EnrolledLRB098 17565 RPS 52674 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 
Section 3-702 as follows:
 



    (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, 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.

(Source: P.A. 97-1150, eff. 1-25-13.)

 
    Section 10. The ID/DD Community Care Act is amended by 
changing Section 3-702 as follows:
 
    (210 ILCS 47/3-702)

    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.


(Source: P.A. 96-339, eff. 7-1-10; 97-1150, eff. 1-25-13.)
 

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