98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5703

 

Introduced , by Rep. Dennis M. Reboletti

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 45/3-702  from Ch. 111 1/2, par. 4153-702

    Amends the Nursing Home Care Act. Provides that a complaint regarding an alleged violation of the Nursing Home Care Act may be transmitted to the Department of Public Health by electronic means. Provides that when a person requests that the Department of Public Health investigate an alleged violation of the Nursing Home Care Act, the Department shall require (instead of shall request) the complainant's identifying information. Allows the complainant to request that his or her identifying information remain confidential or that the complaint be treated as anonymous, and requires the Department to maintain the complainant's confidentiality or anonymity unless: (1) the complainant consents to the disclosure in writing, (2) the Department's investigation results in a judicial proceeding, (3) disclosure of the complainant's identity is essential to the investigation, or (4) disclosure of the complainant's identity is essential for the purposes of investigating or prosecuting the complainant's alleged knowing transmission of a false report to the Department. Effective immediately.


LRB098 17565 RPS 52674 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5703LRB098 17565 RPS 52674 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Nursing Home Care Act is amended by changing
5Section 3-702 as follows:
 
6    (210 ILCS 45/3-702)  (from Ch. 111 1/2, par. 4153-702)
7    Sec. 3-702. (a) A person who believes that this Act or a
8rule promulgated under this Act may have been violated may
9request an investigation. The request may be submitted to the
10Department in writing, by telephone, by electronic means, or by
11personal visit. An oral complaint shall be reduced to writing
12by the Department. The Department shall require request
13information identifying the complainant, including the name,
14address and telephone number, to help enable appropriate
15follow-up. The complainant may request to have his or her
16identifying information be kept confidential or to have the
17complaint be treated as an anonymous complaint. If the
18complainant requests to have his or her information kept
19confidential or that the complaint be treated as anonymous,
20then the complainant's identifying information shall not be
21disclosed unless the provisions of subsection (c) of this
22Section apply or the disclosure is essential to the
23investigation or prosecution of the complainant's alleged

 

 

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1knowing transmission of a false report to the Department. The
2Department shall act on such complaints via on-site visits or
3other methods deemed appropriate to handle the complaints with
4or without such identifying information, as otherwise provided
5under this Section. The complainant shall be informed that
6compliance with such request is not required to satisfy the
7procedures for filing a complaint under this Act.
8    (b) The substance of the complaint shall be provided in
9writing to the licensee, owner or administrator no earlier than
10at the commencement of an on-site inspection of the facility
11which takes place pursuant to the complaint.
12    (c) The Department shall not disclose the name of the
13complainant unless the complainant consents in writing to the
14disclosure or the investigation results in a judicial
15proceeding, or unless disclosure is essential to the
16investigation. The complainant shall be given the opportunity
17to withdraw the complaint before disclosure. Upon the request
18of the complainant, the Department may permit the complainant
19or a representative of the complainant to accompany the person
20making the on-site inspection of the facility.
21    (d) Upon receipt of a complaint, the Department shall
22determine whether this Act or a rule promulgated under this Act
23has been or is being violated. The Department shall investigate
24all complaints alleging abuse or neglect within 7 days after
25the receipt of the complaint except that complaints of abuse or
26neglect which indicate that a resident's life or safety is in

 

 

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1imminent danger shall be investigated within 24 hours after
2receipt of the complaint. All other complaints shall be
3investigated within 30 days after the receipt of the complaint.
4The Department employees investigating a complaint shall
5conduct a brief, informal exit conference with the facility to
6alert its administration of any suspected serious deficiency
7that poses a direct threat to the health, safety or welfare of
8a resident to enable an immediate correction for the
9alleviation or elimination of such threat. Such information and
10findings discussed in the brief exit conference shall become a
11part of the investigating record but shall not in any way
12constitute an official or final notice of violation as provided
13under Section 3-301. All complaints shall be classified as "an
14invalid report", "a valid report", or "an undetermined report".
15For any complaint classified as "a valid report", the
16Department must determine within 30 working days if any rule or
17provision of this Act has been or is being violated.
18    (d-1) The Department shall, whenever possible, combine an
19on-site investigation of a complaint in a facility with other
20inspections in order to avoid duplication of inspections.
21    (e) In all cases, the Department shall inform the
22complainant of its findings within 10 days of its determination
23unless otherwise indicated by the complainant, and the
24complainant may direct the Department to send a copy of such
25findings to another person. The Department's findings may
26include comments or documentation provided by either the

 

 

HB5703- 4 -LRB098 17565 RPS 52674 b

1complainant or the licensee pertaining to the complaint. The
2Department shall also notify the facility of such findings
3within 10 days of the determination, but the name of the
4complainant or residents shall not be disclosed in this notice
5to the facility. The notice of such findings shall include a
6copy of the written determination; the correction order, if
7any; the warning notice, if any; the inspection report; or the
8State licensure form on which the violation is listed.
9    (f) A written determination, correction order, or warning
10notice concerning a complaint, together with the facility's
11response, shall be available for public inspection, but the
12name of the complainant or resident shall not be disclosed
13without his consent.
14    (g) A complainant who is dissatisfied with the
15determination or investigation by the Department may request a
16hearing under Section 3-703. The facility shall be given notice
17of any such hearing and may participate in the hearing as a
18party. If a facility requests a hearing under Section 3-703
19which concerns a matter covered by a complaint, the complainant
20shall be given notice and may participate in the hearing as a
21party. A request for a hearing by either a complainant or a
22facility shall be submitted in writing to the Department within
2330 days after the mailing of the Department's findings as
24described in subsection (e) of this Section. Upon receipt of
25the request the Department shall conduct a hearing as provided
26under Section 3-703.

 

 

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1    (h) Any person who knowingly transmits a false report to
2the Department commits the offense of disorderly conduct under
3subsection (a)(8) of Section 26-1 of the Criminal Code of 2012.
4(Source: P.A. 97-1150, eff. 1-25-13.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.