Full Text of HB5703 98th General Assembly
HB5703eng 98TH GENERAL ASSEMBLY |
| | HB5703 Engrossed | | LRB098 17565 RPS 52674 b |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Nursing Home Care Act is amended by changing | 5 | | Section 3-702 as follows:
| 6 | | (210 ILCS 45/3-702) (from Ch. 111 1/2, par. 4153-702)
| 7 | | Sec. 3-702.
(a) A person who believes that this Act or a | 8 | | rule promulgated
under this Act may have been violated may | 9 | | request an investigation. The
request may be submitted to the | 10 | | Department in writing, by telephone, by electronic means, or by
| 11 | | personal visit. An oral complaint shall be reduced to writing | 12 | | by the
Department. The Department shall make available, through | 13 | | its website and upon request, information regarding the oral | 14 | | and phone intake processes and the list of questions that will | 15 | | be asked of the complainant. The Department shall request | 16 | | information identifying the
complainant, including the name, | 17 | | address and telephone number, to help
enable appropriate | 18 | | follow-up. The Department shall act on such complaints
via | 19 | | on-site visits or other methods deemed appropriate to handle | 20 | | the
complaints with or without such identifying information, as | 21 | | otherwise
provided under this Section. The complainant shall be | 22 | | informed that
compliance with such request is not required to | 23 | | satisfy the procedures for
filing a complaint under this Act. |
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| 1 | | The Department must notify complainants that complaints with | 2 | | less information provided are far more difficult to respond to | 3 | | and investigate.
| 4 | | (b) The substance of the complaint shall be provided in | 5 | | writing to the
licensee, owner or administrator no earlier than | 6 | | at the commencement of an
on-site inspection of the facility | 7 | | which takes place pursuant to the complaint.
| 8 | | (c) The Department shall not disclose the name of the | 9 | | complainant unless
the complainant consents in writing to the | 10 | | disclosure or the investigation
results in a judicial | 11 | | proceeding, or unless disclosure is essential to the
| 12 | | investigation. The complainant shall be given the opportunity | 13 | | to withdraw
the complaint before disclosure. Upon the request | 14 | | of the complainant, the
Department may permit the complainant | 15 | | or a representative of the complainant
to accompany the person | 16 | | making the on-site inspection of the facility.
| 17 | | (d) Upon receipt of a complaint, the Department shall | 18 | | determine whether this
Act or a rule promulgated under this Act | 19 | | has been or is being violated. The
Department shall investigate | 20 | | all complaints alleging abuse or neglect within
7 days after | 21 | | the receipt of the complaint except that complaints of abuse
or | 22 | | neglect which indicate that a resident's life or safety is in | 23 | | imminent
danger shall be investigated within 24 hours after | 24 | | receipt of the
complaint. All other complaints shall be | 25 | | investigated within 30 days after
the receipt of the complaint. | 26 | | The Department employees investigating a
complaint shall |
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| 1 | | conduct a brief, informal exit conference with the facility
to | 2 | | alert its administration of any suspected serious deficiency | 3 | | that poses
a direct threat to the health, safety or welfare of | 4 | | a resident to enable an
immediate correction for the | 5 | | alleviation or elimination of such threat.
Such information and | 6 | | findings discussed in the brief exit conference shall
become a | 7 | | part of the investigating record but shall not in any way
| 8 | | constitute an official or final notice of violation as provided | 9 | | under
Section 3-301. All complaints shall be classified as
"an | 10 | | invalid report", "a valid report", or "an undetermined
report". | 11 | | For any complaint classified as "a valid report", the
| 12 | | Department must determine within 30 working days
if any rule or | 13 | | provision of this Act has been or is being violated.
| 14 | | (d-1) The Department shall, whenever possible, combine an | 15 | | on-site
investigation of a complaint in a facility with other | 16 | | inspections in order
to avoid duplication of inspections.
| 17 | | (e) In all cases, the Department shall inform the | 18 | | complainant of its
findings within 10 days of its determination | 19 | | unless otherwise indicated
by the complainant, and the | 20 | | complainant may direct the Department to
send a copy of such | 21 | | findings to another person. The Department's findings
may | 22 | | include comments or documentation provided by either the | 23 | | complainant
or the licensee pertaining to the complaint. The | 24 | | Department shall also
notify the facility of such findings | 25 | | within 10 days of the determination,
but the name of the | 26 | | complainant or residents shall not be disclosed in this
notice |
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| 1 | | to the facility. The notice of such
findings shall include a | 2 | | copy of the written determination; the
correction order, if | 3 | | any; the warning notice, if any; the inspection
report; or the | 4 | | State licensure form on which the violation is listed.
| 5 | | (f) A written determination, correction order, or warning | 6 | | notice
concerning a complaint, together with the facility's | 7 | | response, shall be
available for public inspection, but the | 8 | | name of the complainant or
resident shall not be disclosed | 9 | | without his consent.
| 10 | | (g) A complainant who is dissatisfied with the | 11 | | determination or
investigation by the Department may request a | 12 | | hearing under Section
3-703. The facility shall be given notice | 13 | | of any such
hearing and may participate in the hearing as a | 14 | | party. If a facility
requests a hearing under Section 3-703 | 15 | | which
concerns a matter covered by a complaint, the complainant | 16 | | shall be given
notice and may participate in the hearing as a | 17 | | party. A request
for a hearing by either a complainant or a | 18 | | facility shall be
submitted in writing to the Department within | 19 | | 30 days after the mailing
of the Department's findings as | 20 | | described in subsection (e) of this
Section. Upon receipt of | 21 | | the request the Department shall conduct a hearing
as provided | 22 | | under Section 3-703.
| 23 | | (g-5) The Department shall conduct an annual review and | 24 | | make a report concerning the complaint process that includes | 25 | | the number of complaints received, the breakdown of anonymous | 26 | | and non-anonymous complaints and whether the complaints were |
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| 1 | | substantiated or not, the total number of substantiated | 2 | | complaints, and any other complaint information requested by | 3 | | the Long-Term Care Facility Advisory Board created under | 4 | | Section 2-204 of this Act or the Illinois Long-Term Care | 5 | | Council created under Section 4.04a of the Illinois Act on the | 6 | | Aging. This report shall be provided to the Long-Term Care | 7 | | Facility Advisory Board and the Illinois Long-Term Care | 8 | | Council. The Long-Term Care Advisory Board and the Illinois | 9 | | Long-Term Care Council shall review the report and suggest any | 10 | | changes deemed necessary to the Department for review and | 11 | | action, including how to investigate and substantiate | 12 | | anonymous complaints. | 13 | | (h) Any person who knowingly transmits a false report to | 14 | | the
Department commits the offense of disorderly conduct under | 15 | | subsection
(a)(8) of Section 26-1 of the Criminal Code of 2012.
| 16 | | (Source: P.A. 97-1150, eff. 1-25-13.)
| 17 | | Section 10. The ID/DD Community Care Act is amended by | 18 | | changing Section 3-702 as follows: | 19 | | (210 ILCS 47/3-702)
| 20 | | Sec. 3-702. Request for investigation of violation. | 21 | | (a) A person who believes that this Act or a rule | 22 | | promulgated under this Act may have been violated may request | 23 | | an investigation. The request may be submitted to the | 24 | | Department in writing, by telephone, by electronic means, or by |
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| 1 | | personal visit. An oral complaint shall be reduced to writing | 2 | | by the Department. The Department shall make available, through
| 3 | | its website and upon request, information regarding the oral
| 4 | | and phone intake processes and the list of questions that will
| 5 | | be asked of the complainant. The Department shall request | 6 | | information identifying the complainant, including the name, | 7 | | address and telephone number, to help enable appropriate follow | 8 | | up. The Department shall act on such complaints via on-site | 9 | | visits or other methods deemed appropriate to handle the | 10 | | complaints with or without such identifying information, as | 11 | | otherwise provided under this Section. The complainant shall be | 12 | | informed that compliance with such request is not required to | 13 | | satisfy the procedures for filing a complaint under this Act. | 14 | | The Department must notify complainants that complaints with | 15 | | less information provided are far more difficult to respond to | 16 | | and investigate. | 17 | | (b) The substance of the complaint shall be provided in | 18 | | writing to the licensee, owner or administrator no earlier than | 19 | | at the commencement of an on-site inspection of the facility | 20 | | which takes place pursuant to the complaint. | 21 | | (c) The Department shall not disclose the name of the | 22 | | complainant unless the complainant consents in writing to the | 23 | | disclosure or the investigation results in a judicial | 24 | | proceeding, or unless disclosure is essential to the | 25 | | investigation. The complainant shall be given the opportunity | 26 | | to withdraw the complaint before disclosure. Upon the request |
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| 1 | | of the complainant, the Department may permit the complainant | 2 | | or a representative of the complainant to accompany the person | 3 | | making the on-site inspection of the facility. | 4 | | (d) Upon receipt of a complaint, the Department shall | 5 | | determine whether this Act or a rule promulgated under this Act | 6 | | has been or is being violated. The Department shall investigate | 7 | | all complaints alleging abuse or neglect within 7 days after | 8 | | the receipt of the complaint except that complaints of abuse or | 9 | | neglect which indicate that a resident's life or safety is in | 10 | | imminent danger shall be investigated within 24 hours after | 11 | | receipt of the complaint. All other complaints shall be | 12 | | investigated within 30 days after the receipt of the complaint. | 13 | | The Department employees investigating a complaint shall | 14 | | conduct a brief, informal exit conference with the facility to | 15 | | alert its administration of any suspected serious deficiency | 16 | | that poses a direct threat to the health, safety or welfare of | 17 | | a resident to enable an immediate correction for the | 18 | | alleviation or elimination of such threat. Such information and | 19 | | findings discussed in the brief exit conference shall become a | 20 | | part of the investigating record but shall not in any way | 21 | | constitute an official or final notice of violation as provided | 22 | | under Section 3-301. All complaints shall be classified as "an | 23 | | invalid report", "a valid report", or "an undetermined report". | 24 | | For any complaint classified as "a valid report", the | 25 | | Department must determine within 30 working days if any rule or | 26 | | provision of this Act has been or is being violated. |
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| 1 | | (d-1) The Department shall, whenever possible, combine an | 2 | | on site investigation of a complaint in a facility with other | 3 | | inspections in order to avoid duplication of inspections. | 4 | | (e) In all cases, the Department shall inform the | 5 | | complainant of its findings within 10 days of its determination | 6 | | unless otherwise indicated by the complainant, and the | 7 | | complainant may direct the Department to send a copy of such | 8 | | findings to another person. The Department's findings may | 9 | | include comments or documentation provided by either the | 10 | | complainant or the licensee pertaining to the complaint. The | 11 | | Department shall also notify the facility of such findings | 12 | | within 10 days of the determination, but the name of the | 13 | | complainant or residents shall not be disclosed in this notice | 14 | | to the facility. The notice of such findings shall include a | 15 | | copy of the written determination; the correction order, if | 16 | | any; the warning notice, if any; the inspection report; or the | 17 | | State licensure form on which the violation is listed. | 18 | | (f) A written determination, correction order, or warning | 19 | | notice concerning a complaint, together with the facility's | 20 | | response, shall be available for public inspection, but the | 21 | | name of the complainant or resident shall not be disclosed | 22 | | without his or her consent. | 23 | | (g) A complainant who is dissatisfied with the | 24 | | determination or investigation by the Department may request a | 25 | | hearing under Section 3-703. The facility shall be given notice | 26 | | of any such hearing and may participate in the hearing as a |
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| 1 | | party. If a facility requests a hearing under Section 3-703 | 2 | | which concerns a matter covered by a complaint, the complainant | 3 | | shall be given notice and may participate in the hearing as a | 4 | | party. A request for a hearing by either a complainant or a | 5 | | facility shall be submitted in writing to the Department within | 6 | | 30 days after the mailing of the Department's findings as | 7 | | described in subsection (e) of this Section. Upon receipt of | 8 | | the request the Department shall conduct a hearing as provided | 9 | | under Section 3-703. | 10 | | (g-5) The Department shall conduct an annual review and
| 11 | | make a report concerning the complaint process that includes
| 12 | | the number of complaints received, the breakdown of anonymous
| 13 | | and non-anonymous complaints and whether the complaints were
| 14 | | substantiated or not, the total number of substantiated
| 15 | | complaints, and any other complaint information requested by
| 16 | | the DD Facility Advisory Board. This report shall be provided | 17 | | to the DD Facility Advisory Board. The DD Facility Advisory | 18 | | Board shall review the report and suggest any changes deemed | 19 | | necessary to the Department for review and action, including | 20 | | how to investigate and substantiate anonymous complaints. | 21 | | (h) Any person who knowingly transmits a false report to | 22 | | the Department commits the offense of disorderly conduct under | 23 | | subsection (a)(8) of Section 26-1 of the Criminal Code of 2012.
| 24 | | (Source: P.A. 96-339, eff. 7-1-10; 97-1150, eff. 1-25-13.)
| 25 | | Section 99. Effective date. This Act takes effect upon | 26 | | becoming law.
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