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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Nursing Home Care Act is amended by | ||||||
5 | changing Sections 2-204 and 3-702 as follows:
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6 | (210 ILCS 45/2-204) (from Ch. 111 1/2, par. 4152-204)
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7 | Sec. 2-204. The Director shall appoint a Long-Term Care | ||||||
8 | Facility Advisory
Board to consult with the Department and the | ||||||
9 | residents' advisory councils
created under Section 2-203.
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10 | (a) The Board shall be comprised of the following persons:
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11 | (1) The Director who shall serve as chairman, ex | ||||||
12 | officio and nonvoting;
and
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13 | (2) One representative each of the Department of | ||||||
14 | Healthcare and Family Services, the
Department of Human | ||||||
15 | Services, the Department on
Aging, and the Office of the | ||||||
16 | State Fire Marshal, all nonvoting members;
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17 | (2.5) One member who represents local health | ||||||
18 | departments who is a nonvoting member; | ||||||
19 | (3) One member who shall be a physician licensed to | ||||||
20 | practice medicine
in all its branches;
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21 | (4) One member who shall be a registered nurse | ||||||
22 | selected from the
recommendations of professional nursing | ||||||
23 | associations;
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1 | (5) Four members who shall be selected from the | ||||||
2 | recommendations by
organizations whose membership consists | ||||||
3 | of facilities;
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4 | (6) Two members who shall represent the general public | ||||||
5 | who are not members
of a residents' advisory council | ||||||
6 | established under Section 2-203 and who
have no | ||||||
7 | responsibility for management or formation of policy or | ||||||
8 | financial
interest in a facility;
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9 | (7) One member who is a member of a residents' | ||||||
10 | advisory council
established under Section 2-203 and is | ||||||
11 | capable of actively participating on the
Board; and
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12 | (8) One member who shall be selected from the | ||||||
13 | recommendations of
consumer organizations which engage | ||||||
14 | solely in advocacy or legal
representation on behalf of | ||||||
15 | residents and their immediate families.
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16 | (b) The terms of those members of the Board appointed | ||||||
17 | prior to the
effective date of this amendatory Act of 1988 | ||||||
18 | shall expire on December 31,
1988. Members of the Board | ||||||
19 | created by this amendatory Act of 1988 shall be
appointed to | ||||||
20 | serve for terms as follows: 3 for 2 years, 3 for 3 years
and 3 | ||||||
21 | for 4 years. The member of the Board added by this amendatory | ||||||
22 | Act
of 1989 shall be appointed to serve for a term of 4 years. | ||||||
23 | Each successor
member shall be appointed for a term of 4 years. | ||||||
24 | Any member appointed to fill
a vacancy occurring prior to the | ||||||
25 | expiration of the term for which his
predecessor was appointed | ||||||
26 | shall be appointed for the remainder of such term.
The Board |
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1 | shall meet as frequently as the chairman deems necessary, but | ||||||
2 | not
less than 4 times each year. Upon request by 4 or more | ||||||
3 | members the chairman
shall call a meeting of the Board. The | ||||||
4 | affirmative vote of 6 members of the
Board shall be necessary | ||||||
5 | for Board action. A member of the Board can designate
a | ||||||
6 | replacement to serve at the Board meeting and vote in place of | ||||||
7 | the member by
submitting a letter of designation to the | ||||||
8 | chairman prior to or at the
Board meeting. The Board members | ||||||
9 | shall be reimbursed for their actual
expenses incurred in the | ||||||
10 | performance of their duties.
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11 | (c) The Advisory Board shall advise the Department of | ||||||
12 | Public Health on
all aspects of its responsibilities under | ||||||
13 | this Act and the Specialized Mental Health Rehabilitation Act | ||||||
14 | of 2013, including the format
and content of any rules | ||||||
15 | promulgated by the Department of Public Health.
Any such | ||||||
16 | rules, except emergency rules promulgated pursuant to Section | ||||||
17 | 5-45 of
the Illinois Administrative Procedure Act, promulgated | ||||||
18 | without
obtaining the advice of the Advisory Board are null | ||||||
19 | and void. In the event
that the Department fails to follow the | ||||||
20 | advice of the Board, the Department
shall, prior to the | ||||||
21 | promulgation of such rules, transmit a written explanation
of | ||||||
22 | the reason thereof to the Board. During its review of rules, | ||||||
23 | the Board
shall analyze the economic and regulatory impact of | ||||||
24 | those rules. If the
Advisory Board, having been asked for its | ||||||
25 | advice, fails to advise the
Department within 90 days, the | ||||||
26 | rules shall be considered acted upon.
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1 | (Source: P.A. 97-38, eff. 6-28-11; 98-104, eff. 7-22-13; | ||||||
2 | 98-463, eff. 8-16-13.)
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3 | (210 ILCS 45/3-702) (from Ch. 111 1/2, par. 4153-702)
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4 | Sec. 3-702.
(a) A person who believes that this Act or a | ||||||
5 | rule promulgated
under this Act may have been violated may | ||||||
6 | request an investigation. The
request may be submitted to the | ||||||
7 | Department in writing, by telephone, by electronic means, or | ||||||
8 | by
personal visit. An oral complaint shall be reduced to | ||||||
9 | writing by the
Department. The Department shall make | ||||||
10 | available, through its website and upon request, information | ||||||
11 | regarding the oral and phone intake processes and the list of | ||||||
12 | questions that will be asked of the complainant. The | ||||||
13 | Department shall request information identifying the
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14 | complainant, including the name, address and telephone number, | ||||||
15 | to help
enable appropriate follow-up. The Department shall act | ||||||
16 | on such complaints
via on-site visits or other methods deemed | ||||||
17 | appropriate to handle the
complaints with or without such | ||||||
18 | identifying information, as otherwise
provided under this | ||||||
19 | Section. The complainant shall be informed that
compliance | ||||||
20 | with such request is not required to satisfy the procedures | ||||||
21 | for
filing a complaint under this Act. The Department must | ||||||
22 | notify complainants that complaints with less information | ||||||
23 | provided are far more difficult to respond to and investigate.
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24 | (b) The substance of the complaint shall be provided in | ||||||
25 | writing to the
licensee, owner, or administrator no earlier |
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1 | than at the commencement of an
on-site inspection of the | ||||||
2 | facility which takes place pursuant to the complaint.
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3 | (c) The Department shall not disclose the name of the | ||||||
4 | complainant unless
the complainant consents in writing to the | ||||||
5 | disclosure or the investigation
results in a judicial | ||||||
6 | proceeding, or unless disclosure is essential to the
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7 | investigation. The complainant shall be given the opportunity | ||||||
8 | to withdraw
the complaint before disclosure. Upon the request | ||||||
9 | of the complainant, the
Department may permit the complainant | ||||||
10 | or a representative of the complainant
to accompany the person | ||||||
11 | making the on-site inspection of the facility.
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12 | (d) Upon receipt of a complaint, the Department shall | ||||||
13 | determine whether this
Act or a rule promulgated under this | ||||||
14 | Act has been or is being violated. The
Department shall | ||||||
15 | investigate all complaints alleging abuse or neglect within
7 | ||||||
16 | days after the receipt of the complaint except that complaints | ||||||
17 | of abuse
or neglect which indicate that a resident's life or | ||||||
18 | safety is in imminent
danger shall be investigated within 24 | ||||||
19 | hours after receipt of the
complaint. All other complaints | ||||||
20 | shall be investigated within 30 days after
the receipt of the | ||||||
21 | complaint. The Department employees investigating a
complaint | ||||||
22 | shall conduct a brief, informal exit conference with the | ||||||
23 | facility
to alert its administration of any suspected serious | ||||||
24 | deficiency that poses
a direct threat to the health, safety or | ||||||
25 | welfare of a resident to enable an
immediate correction for | ||||||
26 | the alleviation or elimination of such threat.
Such |
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1 | information and findings discussed in the brief exit | ||||||
2 | conference shall
become a part of the investigating record but | ||||||
3 | shall not in any way
constitute an official or final notice of | ||||||
4 | violation as provided under
Section 3-301. All complaints | ||||||
5 | shall be classified as
"an invalid report", "a valid report", | ||||||
6 | or "an undetermined
report". For any complaint classified as | ||||||
7 | "a valid report", the
Department must determine within 30 | ||||||
8 | working days
if any rule or provision of this Act has been or | ||||||
9 | is being violated.
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10 | (d-1) The Department shall, whenever possible, combine an | ||||||
11 | on-site
investigation of a complaint in a facility with other | ||||||
12 | inspections in order
to avoid duplication of inspections.
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13 | (e) In all cases, the Department shall inform the | ||||||
14 | complainant of its
findings within 10 days of its | ||||||
15 | determination unless otherwise indicated
by the complainant, | ||||||
16 | and the complainant may direct the Department to
send a copy of | ||||||
17 | such findings to another person. The Department's findings
may | ||||||
18 | include comments or documentation provided by either the | ||||||
19 | complainant
or the licensee pertaining to the complaint. The | ||||||
20 | Department shall also
notify the facility of such findings | ||||||
21 | within 10 days of the determination,
but the name of the | ||||||
22 | complainant or residents shall not be disclosed in this
notice | ||||||
23 | to the facility. The notice of such
findings shall include a | ||||||
24 | copy of the written determination; the
correction order, if | ||||||
25 | any; the warning notice, if any; the inspection
report; or the | ||||||
26 | State licensure form on which the violation is listed.
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1 | (f) A written determination, correction order, or warning | ||||||
2 | notice
concerning a complaint, together with the facility's | ||||||
3 | response, shall be
available for public inspection, but the | ||||||
4 | name of the complainant or
resident shall not be disclosed | ||||||
5 | without his consent.
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6 | (g) A complainant who is dissatisfied with the | ||||||
7 | determination or
investigation by the Department may request a | ||||||
8 | hearing under Section
3-703. The facility shall be given | ||||||
9 | notice of any such
hearing and may participate in the hearing | ||||||
10 | as a party. If a facility
requests a hearing under Section | ||||||
11 | 3-703 which
concerns a matter covered by a complaint, the | ||||||
12 | complainant shall be given
notice and may participate in the | ||||||
13 | hearing as a party. A request
for a hearing by either a | ||||||
14 | complainant or a facility shall be
submitted in writing to the | ||||||
15 | Department within 30 days after the mailing
of the | ||||||
16 | Department's findings as described in subsection (e) of this
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17 | Section. Upon receipt of the request the Department shall | ||||||
18 | conduct a hearing
as provided under Section 3-703.
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19 | (g-5) The Department shall conduct an annual review and | ||||||
20 | make a report concerning the complaint process that includes | ||||||
21 | the number of complaints received, the breakdown of anonymous | ||||||
22 | and non-anonymous complaints and whether the complaints were | ||||||
23 | substantiated or not, the total number of substantiated | ||||||
24 | complaints that were completed in the time frame determined | ||||||
25 | under subsection (d) , and any other complaint information | ||||||
26 | requested by the Long-Term Care Facility Advisory Board |
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1 | created under Section 2-204 of this Act or the Illinois | ||||||
2 | Long-Term Care Council created under Section 4.04a of the | ||||||
3 | Illinois Act on the Aging. This report shall be provided to the | ||||||
4 | Long-Term Care Facility Advisory Board , and the Illinois | ||||||
5 | Long-Term Care Council , and the General Assembly . The | ||||||
6 | Long-Term Care Facility Advisory Board and the Illinois | ||||||
7 | Long-Term Care Council shall review the report and suggest any | ||||||
8 | changes deemed necessary to the Department for review and | ||||||
9 | action, including how to investigate and substantiate | ||||||
10 | anonymous complaints. | ||||||
11 | (h) Any person who knowingly transmits a false report to | ||||||
12 | the
Department commits the offense of disorderly conduct under | ||||||
13 | subsection
(a)(8) of Section 26-1 of the Criminal Code of | ||||||
14 | 2012.
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15 | (Source: P.A. 98-988, eff. 8-18-14; 99-642, eff. 7-28-16.)
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16 | Section 99. Effective date. This Act takes effect upon | ||||||
17 | becoming law.
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