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Public Act 92-0209
HB0313 Enrolled LRB9204424LBgc
AN ACT concerning health care facilities.
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 3-212 as follows:
(210 ILCS 45/3-212) (from Ch. 111 1/2, par. 4153-212)
Sec. 3-212. Inspection.
(a) The Department, whenever it deems necessary in
accordance with subsection (b), shall inspect, survey and
evaluate every facility to determine compliance with
applicable licensure requirements and standards. An
inspection should occur within 120 days prior to license
renewal. The Department may periodically visit a facility
for the purpose of consultation. An inspection, survey, or
evaluation, other than an inspection of financial records,
shall be conducted without prior notice to the facility. A
visit for the sole purpose of consultation may be announced.
The Department shall provide training to surveyors about the
appropriate assessment, care planning, and care of persons
with mental illness (other than Alzheimer's disease or
related disorders) to enable its surveyors to determine
whether a facility is complying with State and federal
requirements about the assessment, care planning, and care of
those persons.
(a-1) An employee of a State or unit of local government
agency charged with inspecting, surveying, and evaluating
facilities who directly or indirectly gives prior notice of
an inspection, survey, or evaluation, other than an
inspection of financial records, to a facility or to an
employee of a facility is guilty of a Class A misdemeanor.
An inspector or an employee of the Department who
intentionally prenotifies a facility, orally or in writing,
of a pending complaint investigation or inspection shall be
guilty of a Class A misdemeanor. Superiors of persons who
have prenotified a facility shall be subject to the same
penalties, if they have knowingly allowed the
prenotification. A person found guilty of prenotifying a
facility shall be subject to disciplinary action by his or
her employer.
If the Department has a good faith belief, based upon
information that comes to its attention, that a violation of
this subsection has occurred, it must file a complaint with
the Attorney General or the State's Attorney in the county
where the violation took place within 30 days after discovery
of the information.
(a-2) An employee of a State or unit of local government
agency charged with inspecting, surveying, or evaluating
facilities who willfully profits from violating the
confidentiality of the inspection, survey, or evaluation
process shall be guilty of a Class 4 felony and that conduct
shall be deemed unprofessional conduct that may subject a
person to loss of his or her professional license. An action
to prosecute a person for violating this subsection (a-2) may
be brought by either the Attorney General or the State's
Attorney in the county where the violation took place.
(b) In determining whether to make more than the
required number of unannounced inspections, surveys and
evaluations of a facility the Department shall consider one
or more of the following: previous inspection reports; the
facility's history of compliance with standards, rules and
regulations promulgated under this Act and correction of
violations, penalties or other enforcement actions; the
number and severity of complaints received about the
facility; any allegations of resident abuse or neglect;
weather conditions; health emergencies; other reasonable
belief that deficiencies exist.
(b-1) The Department shall not be required to determine
whether a facility certified to participate in the Medicare
program under Title XVIII of the Social Security Act, or the
Medicaid program under Title XIX of the Social Security Act,
and which the Department determines by inspection under this
Section or under Section 3-702 of this Act to be in
compliance with the certification requirements of Title XVIII
or XIX, is in compliance with any requirement of this Act
that is less stringent than or duplicates a federal
certification requirement. In accordance with subsection (a)
of this Section or subsection (d) of Section 3-702, the
Department shall determine whether a certified facility is in
compliance with requirements of this Act that exceed federal
certification requirements. If a certified facility is found
to be out of compliance with federal certification
requirements, the results of an inspection conducted pursuant
to Title XVIII or XIX of the Social Security Act may be used
as the basis for enforcement remedies authorized and
commenced under this Act. Enforcement of this Act against a
certified facility shall be commenced pursuant to the
requirements of this Act, unless enforcement remedies sought
pursuant to Title XVIII or XIX of the Social Security Act
exceed those authorized by this Act. As used in this
subsection, "enforcement remedy" means a sanction for
violating a federal certification requirement or this Act.
(c) Upon completion of each inspection, survey and
evaluation, the appropriate Department personnel who
conducted the inspection, survey or evaluation shall submit a
copy of their report to the licensee upon exiting the
facility, and shall submit the actual report to the
appropriate regional office of the Department. Such report
and any recommendations for action by the Department under
this Act shall be transmitted to the appropriate offices of
the associate director of the Department, together with
related comments or documentation provided by the licensee
which may refute findings in the report, which explain
extenuating circumstances that the facility could not
reasonably have prevented, or which indicate methods and
timetables for correction of deficiencies described in the
report. Without affecting the application of subsection (a)
of Section 3-303, any documentation or comments of the
licensee shall be provided within 10 days of receipt of the
copy of the report. Such report shall recommend to the
Director appropriate action under this Act with respect to
findings against a facility. The Director shall then
determine whether the report's findings constitute a
violation or violations of which the facility must be given
notice. Such determination shall be based upon the severity
of the finding, the danger posed to resident health and
safety, the comments and documentation provided by the
facility, the diligence and efforts to correct deficiencies,
correction of the reported deficiencies, the frequency and
duration of similar findings in previous reports and the
facility's general inspection history. Violations shall be
determined under this subsection no later than 60 days after
completion of each inspection, survey and evaluation.
(d) The Department shall maintain all inspection, survey
and evaluation reports for at least 5 years in a manner
accessible to and understandable by the public.
(Source: P.A. 91-799, eff. 6-13-00.)
Passed in the General Assembly May 09, 2001.
Approved August 02, 2001.
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