Section 370.3090  Complaint Procedures

a)         Any person, agency, association or governmental body may file a complaint with the Department alleging that a Community Living Facility is in violation of the Act or of the rules promulgated pursuant to the Act.

b)         The Department may conduct an investigation in order to determine if the Community Living Facility is in compliance.  If, based on the results of its investigation, the Department determines that the Community Living Facility is not in compliance, it shall promptly serve a notice of violation upon the licensee.  Such notice of violation shall comply with the requirements described in Section 8(3) of the Act.  The Department shall notify the complainant of its findings upon written request.

c)         The complaint, a copy of the complaint, or a record published, released or otherwise disclosed to the Community Living Facility 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.

d)         A licensee or its agents shall not transfer, discharge, evict, harass, dismiss, or retaliate against a resident or an employee or agent who files a complaint under this Section, or who testifies under Section 12 of the Act because of the complaint or testimony.

e)         Any person participating in good faith in the making of a complaint, or in the investigation of such a complaint shall not be deemed to have violated any privileged communication and shall have immunity from any liability, civil, criminal or that otherwise might result as a consequence of making such a complaint.  The good faith of any persons making a complaint or participating in the investigation of such a complaint shall be presumed.