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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.)
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