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| [ Introduced ] | [ House Amendment 001 ] |
91_HB0831eng HB0831 Engrossed LRB9103501ACtm 1 AN ACT to amend the Nursing Home Care Act by changing 2 Section 3-212. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Nursing Home Care Act is amended by 6 changing Section 3-212 as follows: 7 (210 ILCS 45/3-212) (from Ch. 111 1/2, par. 4153-212) 8 Sec. 3-212. Inspection. 9 (a) The Department, whenever it deems necessary in 10 accordance with subsection (b), shall inspect, survey and 11 evaluate every facility to determine compliance with 12 applicable licensure requirements and standards. An 13 inspection should occur within 120 days prior to license 14 renewal. The Department may periodically visit a facility 15 for the purpose of consultation. An inspection, survey, or 16 evaluation, other than an inspection of financial records, 17 shall be conducted without prior notice to the facility. A 18 visit for the sole purpose of consultation may be announced. 19 (a-1) An employee of a State or unit of local government 20 agency charged with inspecting, surveying, and evaluating 21 facilities who directly or indirectly gives prior notice of 22 an inspection, survey, or evaluation, other than an 23 inspection of financial records, to a facility or to an 24 employee of a facility is guilty of a Class A misdemeanor. 25 An inspector or an employee of the Department who 26 prenotifies a facility, orally or in writing, of a pending 27 complaint investigation or inspection shall be guilty of a 28 Class A misdemeanor and shall be fined no more than $2,500. 29 Superiors of persons who have prenotified a facility shall be 30 subject to the same penalties, if they have knowingly allowed 31 the prenotification. A person found guilty of prenotifying a HB0831 Engrossed -2- LRB9103501ACtm 1 facility shall be subject to disciplinary action by his or 2 her employer. 3 If the Department has a good faith belief, based upon 4 information that comes to its attention, that a violation of 5 this subsection has occurred, it must file a complaint with 6 the Attorney General or the State's Attorney in the county 7 where the violation took place within 30 days after discovery 8 of the information. 9 (a-2) An employee of a State or unit of local government 10 agency charged with inspecting, surveying, or evaluating 11 facilities who willfully profits from violating the 12 confidentiality of the inspection, survey, or evaluation 13 process shall be guilty of a Class 4 felony and that conduct 14 shall be deemed unprofessional conduct that may subject a 15 person to loss of his or her professional license. An action 16 to prosecute a person for violating this subsection (a-2) may 17 be brought by either the Attorney General or the State's 18 Attorney in the county where the violation took place. 19 (b) In determining whether to make more than the 20 required number of unannounced inspections, surveys and 21 evaluations of a facility the Department shall consider one 22 or more of the following: previous inspection reports; the 23 facility's history of compliance with standards, rules and 24 regulations promulgated under this Act and correction of 25 violations, penalties or other enforcement actions; the 26 number and severity of complaints received about the 27 facility; any allegations of resident abuse or neglect; 28 weather conditions; health emergencies; other reasonable 29 belief that deficiencies exist. 30 (b-1) The Department shall not be required to determine 31 whether a facility certified to participate in the Medicare 32 program under Title XVIII of the Social Security Act, or the 33 Medicaid program under Title XIX of the Social Security Act, 34 and which the Department determines by inspection under this HB0831 Engrossed -3- LRB9103501ACtm 1 Section or under Section 3-702 of this Act to be in 2 compliance with the certification requirements of Title XVIII 3 or XIX, is in compliance with any requirement of this Act 4 that is less stringent than or duplicates a federal 5 certification requirement. In accordance with subsection (a) 6 of this Section or subsection (d) of Section 3-702, the 7 Department shall determine whether a certified facility is in 8 compliance with requirements of this Act that exceed federal 9 certification requirements. If a certified facility is found 10 to be out of compliance with federal certification 11 requirements, the results of an inspection conducted pursuant 12 to Title XVIII or XIX of the Social Security Act may be used 13 as the basis for enforcement remedies authorized and 14 commenced under this Act. Enforcement of this Act against a 15 certified facility shall be commenced pursuant to the 16 requirements of this Act, unless enforcement remedies sought 17 pursuant to Title XVIII or XIX of the Social Security Act 18 exceed those authorized by this Act. As used in this 19 subsection, "enforcement remedy" means a sanction for 20 violating a federal certification requirement or this Act. 21 (c) Upon completion of each inspection, survey and 22 evaluation, the appropriate Department personnel who 23 conducted the inspection, survey or evaluation shall submit a 24 copy of their report to the licensee upon exiting the 25 facility, and shall submit the actual report to the 26 appropriate regional office of the Department. Such report 27 and any recommendations for action by the Department under 28 this Act shall be transmitted to the appropriate offices of 29 the associate director of the Department, together with 30 related comments or documentation provided by the licensee 31 which may refute findings in the report, which explain 32 extenuating circumstances that the facility could not 33 reasonably have prevented, or which indicate methods and 34 timetables for correction of deficiencies described in the HB0831 Engrossed -4- LRB9103501ACtm 1 report. Without affecting the application of subsection (a) 2 of Section 3-303, any documentation or comments of the 3 licensee shall be provided within 10 days of receipt of the 4 copy of the report. Such report shall recommend to the 5 Director appropriate action under this Act with respect to 6 findings against a facility. The Director shall then 7 determine whether the report's findings constitute a 8 violation or violations of which the facility must be given 9 notice. Such determination shall be based upon the severity 10 of the finding, the danger posed to resident health and 11 safety, the comments and documentation provided by the 12 facility, the diligence and efforts to correct deficiencies, 13 correction of the reported deficiencies, the frequency and 14 duration of similar findings in previous reports and the 15 facility's general inspection history. Violations shall be 16 determined under this subsection no later than 60 days after 17 completion of each inspection, survey and evaluation. 18 (d) The Department shall maintain all inspection, survey 19 and evaluation reports for at least 5 years in a manner 20 accessible to and understandable by the public. 21 (Source: P.A. 88-278; 89-21, eff. 1-1-96; 89-171, eff. 22 1-1-96; 89-197, eff. 7-21-95; 89-626, eff. 8-9-96.)