Rep. Dennis M. Reboletti

Filed: 3/19/2014

 

 


 

 


 
09800HB5703ham001LRB098 17565 RPS 57093 a

1
AMENDMENT TO HOUSE BILL 5703

2    AMENDMENT NO. ______. Amend House Bill 5703 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Nursing Home Care Act is amended by
5changing Section 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 make available, through
13its website and upon request, information regarding the oral
14and phone intake processes and the list of questions that will
15be asked of the complainant. The Department shall request
16information identifying the complainant, including the name,

 

 

09800HB5703ham001- 2 -LRB098 17565 RPS 57093 a

1address and telephone number, to help enable appropriate
2follow-up. The Department shall act on such complaints via
3on-site visits or other methods deemed appropriate to handle
4the complaints with or without such identifying information, as
5otherwise provided under this Section. The complainant shall be
6informed that compliance with such request is not required to
7satisfy the procedures for filing a complaint under this Act.
8The Department must notify complainants that complaints with
9less information provided are far more difficult to respond to
10and investigate.
11    (b) The substance of the complaint shall be provided in
12writing to the licensee, owner or administrator no earlier than
13at the commencement of an on-site inspection of the facility
14which takes place pursuant to the complaint.
15    (c) The Department shall not disclose the name of the
16complainant unless the complainant consents in writing to the
17disclosure or the investigation results in a judicial
18proceeding, or unless disclosure is essential to the
19investigation. The complainant shall be given the opportunity
20to withdraw the complaint before disclosure. Upon the request
21of the complainant, the Department may permit the complainant
22or a representative of the complainant to accompany the person
23making the on-site inspection of the facility.
24    (d) Upon receipt of a complaint, the Department shall
25determine whether this Act or a rule promulgated under this Act
26has been or is being violated. The Department shall investigate

 

 

09800HB5703ham001- 3 -LRB098 17565 RPS 57093 a

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

 

 

09800HB5703ham001- 4 -LRB098 17565 RPS 57093 a

1complainant may direct the Department to send a copy of such
2findings to another person. The Department's findings may
3include comments or documentation provided by either the
4complainant or the licensee pertaining to the complaint. The
5Department shall also notify the facility of such findings
6within 10 days of the determination, but the name of the
7complainant or residents shall not be disclosed in this notice
8to the facility. The notice of such findings shall include a
9copy of the written determination; the correction order, if
10any; the warning notice, if any; the inspection report; or the
11State licensure form on which the violation is listed.
12    (f) A written determination, correction order, or warning
13notice concerning a complaint, together with the facility's
14response, shall be available for public inspection, but the
15name of the complainant or resident shall not be disclosed
16without his consent.
17    (g) A complainant who is dissatisfied with the
18determination or investigation by the Department may request a
19hearing under Section 3-703. The facility shall be given notice
20of any such hearing and may participate in the hearing as a
21party. If a facility requests a hearing under Section 3-703
22which concerns a matter covered by a complaint, the complainant
23shall be given notice and may participate in the hearing as a
24party. A request for a hearing by either a complainant or a
25facility shall be submitted in writing to the Department within
2630 days after the mailing of the Department's findings as

 

 

09800HB5703ham001- 5 -LRB098 17565 RPS 57093 a

1described in subsection (e) of this Section. Upon receipt of
2the request the Department shall conduct a hearing as provided
3under Section 3-703.
4    (g-5) The Department shall conduct an annual review and
5make a report concerning the complaint process that includes
6the number of complaints received, the breakdown of anonymous
7and non-anonymous complaints and whether the complaints were
8substantiated or not, the total number of substantiated
9complaints, and any other complaint information requested by
10the Long-Term Care Facility Advisory Board created under
11Section 2-204 of this Act or the Illinois Long-Term Care
12Council created under Section 4.04a of the Illinois Act on the
13Aging. This report shall be provided to the Long-Term Care
14Facility Advisory Board and the Illinois Long-Term Care
15Council. The Long-Term Care Advisory Board and the Illinois
16Long-Term Care Council shall review the report and suggest any
17changes deemed necessary to the Department for review and
18action, including how to investigate and substantiate
19anonymous complaints.
20    (h) Any person who knowingly transmits a false report to
21the Department commits the offense of disorderly conduct under
22subsection (a)(8) of Section 26-1 of the Criminal Code of 2012.
23(Source: P.A. 97-1150, eff. 1-25-13.)
 
24    Section 10. The ID/DD Community Care Act is amended by
25changing Section 3-702 as follows:
 

 

 

09800HB5703ham001- 6 -LRB098 17565 RPS 57093 a

1    (210 ILCS 47/3-702)
2    Sec. 3-702. Request for investigation of violation.
3    (a) A person who believes that this Act or a rule
4promulgated under this Act may have been violated may request
5an investigation. The request may be submitted to the
6Department in writing, by telephone, by electronic means, or by
7personal visit. An oral complaint shall be reduced to writing
8by the Department. The Department shall make available, through
9its website and upon request, information regarding the oral
10and phone intake processes and the list of questions that will
11be asked of the complainant. The Department shall request
12information identifying the complainant, including the name,
13address and telephone number, to help enable appropriate follow
14up. The Department shall act on such complaints via on-site
15visits or other methods deemed appropriate to handle the
16complaints with or without such identifying information, as
17otherwise provided under this Section. The complainant shall be
18informed that compliance with such request is not required to
19satisfy the procedures for filing a complaint under this Act.
20The Department must notify complainants that complaints with
21less information provided are far more difficult to respond to
22and investigate.
23    (b) The substance of the complaint shall be provided in
24writing to the licensee, owner or administrator no earlier than
25at the commencement of an on-site inspection of the facility

 

 

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1which takes place pursuant to the complaint.
2    (c) The Department shall not disclose the name of the
3complainant unless the complainant consents in writing to the
4disclosure or the investigation results in a judicial
5proceeding, or unless disclosure is essential to the
6investigation. The complainant shall be given the opportunity
7to withdraw the complaint before disclosure. Upon the request
8of the complainant, the Department may permit the complainant
9or a representative of the complainant to accompany the person
10making the on-site inspection of the facility.
11    (d) Upon receipt of a complaint, the Department shall
12determine whether this Act or a rule promulgated under this Act
13has been or is being violated. The Department shall investigate
14all complaints alleging abuse or neglect within 7 days after
15the receipt of the complaint except that complaints of abuse or
16neglect which indicate that a resident's life or safety is in
17imminent danger shall be investigated within 24 hours after
18receipt of the complaint. All other complaints shall be
19investigated within 30 days after the receipt of the complaint.
20The Department employees investigating a complaint shall
21conduct a brief, informal exit conference with the facility to
22alert its administration of any suspected serious deficiency
23that poses a direct threat to the health, safety or welfare of
24a resident to enable an immediate correction for the
25alleviation or elimination of such threat. Such information and
26findings discussed in the brief exit conference shall become a

 

 

09800HB5703ham001- 8 -LRB098 17565 RPS 57093 a

1part of the investigating record but shall not in any way
2constitute an official or final notice of violation as provided
3under Section 3-301. All complaints shall be classified as "an
4invalid report", "a valid report", or "an undetermined report".
5For any complaint classified as "a valid report", the
6Department must determine within 30 working days if any rule or
7provision of this Act has been or is being violated.
8    (d-1) The Department shall, whenever possible, combine an
9on site investigation of a complaint in a facility with other
10inspections in order to avoid duplication of inspections.
11    (e) In all cases, the Department shall inform the
12complainant of its findings within 10 days of its determination
13unless otherwise indicated by the complainant, and the
14complainant may direct the Department to send a copy of such
15findings to another person. The Department's findings may
16include comments or documentation provided by either the
17complainant or the licensee pertaining to the complaint. The
18Department shall also notify the facility of such findings
19within 10 days of the determination, but the name of the
20complainant or residents shall not be disclosed in this notice
21to the facility. The notice of such findings shall include a
22copy of the written determination; the correction order, if
23any; the warning notice, if any; the inspection report; or the
24State licensure form on which the violation is listed.
25    (f) A written determination, correction order, or warning
26notice concerning a complaint, together with the facility's

 

 

09800HB5703ham001- 9 -LRB098 17565 RPS 57093 a

1response, shall be available for public inspection, but the
2name of the complainant or resident shall not be disclosed
3without his or her consent.
4    (g) A complainant who is dissatisfied with the
5determination or investigation by the Department may request a
6hearing under Section 3-703. The facility shall be given notice
7of any such hearing and may participate in the hearing as a
8party. If a facility requests a hearing under Section 3-703
9which concerns a matter covered by a complaint, the complainant
10shall be given notice and may participate in the hearing as a
11party. A request for a hearing by either a complainant or a
12facility shall be submitted in writing to the Department within
1330 days after the mailing of the Department's findings as
14described in subsection (e) of this Section. Upon receipt of
15the request the Department shall conduct a hearing as provided
16under Section 3-703.
17    (g-5) The Department shall conduct an annual review and
18make a report concerning the complaint process that includes
19the number of complaints received, the breakdown of anonymous
20and non-anonymous complaints and whether the complaints were
21substantiated or not, the total number of substantiated
22complaints, and any other complaint information requested by
23the DD Facility Advisory Board. This report shall be provided
24to the DD Facility Advisory Board. The DD Facility Advisory
25Board shall review the report and suggest any changes deemed
26necessary to the Department for review and action, including

 

 

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1how to investigate and substantiate anonymous complaints.
2    (h) Any person who knowingly transmits a false report to
3the Department commits the offense of disorderly conduct under
4subsection (a)(8) of Section 26-1 of the Criminal Code of 2012.
5(Source: P.A. 96-339, eff. 7-1-10; 97-1150, eff. 1-25-13.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.".