Section 340.1160  Inspections, Surveys, Evaluations, and Consultations

The terms survey, inspection, and evaluation are synonymous.  These terms refer to the overall examination of compliance with the Act and this Part.

a)         All facilities to which this Part applies shall be subject to and shall be deemed to have given consent to annual inspections, surveys or evaluations by properly identified personnel of the Department, State Fire Marshal's Office, State or federal department of Veterans' Affairs or by other properly identified persons, including local health department staff, as the Department may designate.  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.  (Section 3-212(a) of the Act)  The licensee, or person representing the licensee in the facility, shall provide to the representative of the Department access and entry to the premises or facility for obtaining information required to carry out the Act and this Part.  In addition, representatives of the Department shall have access to and may reproduce or photocopy at the Department's cost any books, records, and other documents maintained by the facility, the licensee or their representatives to the extent necessary to carry out the Act and this Part.  (Section 3-213 of the Act)  A facility may charge the Department for such photocopying at a rate determined by the facility not to exceed the rate in the Freedom of Information Act.

b)         No person shall:

1)         Intentionally prevent, interfere with, or attempt to impede in any way any duly authorized investigation and enforcement of the Act or this Part;

2)         Intentionally prevent or attempt to prevent any examination of any relevant books or records pertinent to investigations and enforcement of the Act or this Part;

3)         Intentionally prevent or interfere with the preservation of evidence pertaining to any violation of the Act or this Part;

4)         Intentionally retaliate or discriminate against any resident or employee for contacting or providing information to any state official, or for initiating, participating in, or testifying in an action for any remedy authorized under the Act or this Part  (Section 3-318(a) of the Act);

c)         A violation of subsection (b) is a business offense, punishable by a fine not to exceed $10,000, except as otherwise provided in subsection (2) of Section 3-103 of the Act and Section 300.120(e) as to submission of false or misleading information in a license application.  (Section 3-318(b) of the Act)

d)         Consultation consists of providing advice or suggestions to the staff of a facility at their request relative to specific matters of the scope of regulation, methods of compliance with the Act or this Part, or general matters of patient care.

(Source:  Amended at 49 Ill. Reg. 6539, effective April 22, 2025)