Illinois General Assembly - Full Text of Public Act 098-0988
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Public Act 098-0988


 

Public Act 0988 98TH GENERAL ASSEMBLY

  
  
  

 


 
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.

Effective Date: 8/18/2014