99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5601

 

Introduced , by Rep. Michael Unes

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 45/3-702  from Ch. 111 1/2, par. 4153-702
210 ILCS 46/3-702
210 ILCS 47/3-702

    Amends the Nursing Home Care Act, the MC/DD Act, and the ID/DD Community Care Act. Changes provisions concerning complaints. Provides that the Department of Public Health shall require, instead of request, specified identifying information from complainants. Provides that such identifying information will be kept confidential and complainants shall be made aware that the information is confidential. Provides that the complainant shall be informed of possible sanctions for knowingly or willfully transmitting a false report to the Department. Requires the Department to impose a civil penalty of $250 on complainants if it has a good faith belief that a complaint is frivolous, intended to harass, or intended to defraud the Department. Requires the Department to maintain an internal list of such complainants. Provides that complaints may be classified as "false reports". Provides that false reports shall also be considered disorderly conduct under the Criminal Code of 2012. Effective immediately.


LRB099 19005 MJP 43394 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5601LRB099 19005 MJP 43394 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 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 require
16request information identifying the complainant, including the
17name, address and telephone number, to help enable appropriate
18follow-up. This identifying information is to be kept strictly
19confidential within the Department and the complainant shall be
20made aware of this confidentiality provision. The Department
21shall act on such complaints via on-site visits or other
22methods deemed appropriate to handle the complaints with or
23without such identifying information, as otherwise provided

 

 

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1under this Section. The complainant shall be informed that
2compliance with such request is not required to satisfy the
3procedures for filing a complaint under this Act. The
4Department must notify complainants that complaints with less
5information provided are far more difficult to respond to and
6investigate. The complainant shall be informed of possible
7sanctions for knowingly and willfully transmitting a false
8report to the Department. If the Department has a good faith
9belief, based on information that comes to its attention, that
10a complaint is frivolous, intended to harass, or intended to
11defraud the Department, the Department shall:
12        (1) impose a civil monetary penalty in the amount of
13    $250 against the complainant; and
14        (2) keep an internal list of such violators.
15    (b) The substance of the complaint shall be provided in
16writing to the licensee, owner or administrator no earlier than
17at the commencement of an on-site inspection of the facility
18which takes place pursuant to the complaint.
19    (c) The Department shall not disclose the name of the
20complainant unless the complainant consents in writing to the
21disclosure or the investigation results in a judicial
22proceeding, or unless disclosure is essential to the
23investigation. The complainant shall be given the opportunity
24to withdraw the complaint before disclosure. Upon the request
25of the complainant, the Department may permit the complainant
26or a representative of the complainant to accompany the person

 

 

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

 

 

HB5601- 4 -LRB099 19005 MJP 43394 b

1on-site investigation of a complaint in a facility with other
2inspections in order to avoid duplication of inspections.
3    (e) In all cases, the Department shall inform the
4complainant of its findings within 10 days of its determination
5unless otherwise indicated by the complainant, and the
6complainant may direct the Department to send a copy of such
7findings to another person. The Department's findings may
8include comments or documentation provided by either the
9complainant or the licensee pertaining to the complaint. The
10Department shall also notify the facility of such findings
11within 10 days of the determination, but the name of the
12complainant or residents shall not be disclosed in this notice
13to the facility. The notice of such findings shall include a
14copy of the written determination; the correction order, if
15any; the warning notice, if any; the inspection report; or the
16State licensure form on which the violation is listed.
17    (f) A written determination, correction order, or warning
18notice concerning a complaint, together with the facility's
19response, shall be available for public inspection, but the
20name of the complainant or resident shall not be disclosed
21without his consent.
22    (g) A complainant who is dissatisfied with the
23determination or investigation by the Department may request a
24hearing under Section 3-703. The facility shall be given notice
25of any such hearing and may participate in the hearing as a
26party. If a facility requests a hearing under Section 3-703

 

 

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1which concerns a matter covered by a complaint, the complainant
2shall be given notice and may participate in the hearing as a
3party. A request for a hearing by either a complainant or a
4facility shall be submitted in writing to the Department within
530 days after the mailing of the Department's findings as
6described in subsection (e) of this Section. Upon receipt of
7the request the Department shall conduct a hearing as provided
8under Section 3-703.
9    (g-5) The Department shall conduct an annual review and
10make a report concerning the complaint process that includes
11the number of complaints received, the breakdown of anonymous
12and non-anonymous complaints and whether the complaints were
13substantiated or not, the total number of substantiated
14complaints, and any other complaint information requested by
15the Long-Term Care Facility Advisory Board created under
16Section 2-204 of this Act or the Illinois Long-Term Care
17Council created under Section 4.04a of the Illinois Act on the
18Aging. This report shall be provided to the Long-Term Care
19Facility Advisory Board and the Illinois Long-Term Care
20Council. The Long-Term Care Advisory Board and the Illinois
21Long-Term Care Council shall review the report and suggest any
22changes deemed necessary to the Department for review and
23action, including how to investigate and substantiate
24anonymous complaints.
25    (h) Any person who knowingly transmits a false report to
26the Department pursuant to subsection (a) of this Section also

 

 

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1commits the offense of disorderly conduct under subsection
2(a)(8) of Section 26-1 of the Criminal Code of 2012.
3(Source: P.A. 97-1150, eff. 1-25-13; 98-988, eff. 8-18-14;
4revised 10-9-15.)
 
5    Section 10. The MC/DD Act is amended by changing Section
63-702 as follows:
 
7    (210 ILCS 46/3-702)
8    Sec. 3-702. Request for investigation of violation.
9    (a) A person who believes that this Act or a rule
10promulgated under this Act may have been violated may request
11an investigation. The request may be submitted to the
12Department in writing, by telephone, by electronic means, or by
13personal visit. An oral complaint shall be reduced to writing
14by the Department. The Department shall make available, through
15its website and upon request, information regarding the oral
16and phone intake processes and the list of questions that will
17be asked of the complainant. The Department shall require
18request information identifying the complainant, including the
19name, address and telephone number, to help enable appropriate
20follow up. This identifying information is to be kept strictly
21confidential within the Department and the complainant shall be
22made aware of this confidentiality provision. The Department
23shall act on such complaints via on-site visits or other
24methods deemed appropriate to handle the complaints with or

 

 

HB5601- 7 -LRB099 19005 MJP 43394 b

1without such identifying information, as otherwise provided
2under this Section. The complainant shall be informed that
3compliance with such request is not required to satisfy the
4procedures for filing a complaint under this Act. The
5Department must notify complainants that complaints with less
6information provided are far more difficult to respond to and
7investigate. The complainant shall be informed of possible
8sanctions for knowingly and willfully transmitting a false
9report to the Department. If the Department has a good faith
10belief, based on information that comes to its attention, that
11a complaint is frivolous, intended to harass, or intended to
12defraud the Department, the Department shall:
13        (1) impose a civil monetary penalty in the amount of
14    $250 against the complainant; and
15        (2) keep an internal list of such violators.
16    (b) The substance of the complaint shall be provided in
17writing to the licensee, owner or administrator no earlier than
18at the commencement of an on-site inspection of the facility
19which takes place pursuant to the complaint.
20    (c) The Department shall not disclose the name of the
21complainant unless the complainant consents in writing to the
22disclosure or the investigation results in a judicial
23proceeding, or unless disclosure is essential to the
24investigation. The complainant shall be given the opportunity
25to withdraw the complaint before disclosure. Upon the request
26of the complainant, the Department may permit the complainant

 

 

HB5601- 8 -LRB099 19005 MJP 43394 b

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

 

 

HB5601- 9 -LRB099 19005 MJP 43394 b

1    (d-1) The Department shall, whenever possible, combine an
2on site investigation of a complaint in a facility with other
3inspections in order to avoid duplication of inspections.
4    (e) In all cases, the Department shall inform the
5complainant of its findings within 10 days of its determination
6unless otherwise indicated by the complainant, and the
7complainant may direct the Department to send a copy of such
8findings to another person. The Department's findings may
9include comments or documentation provided by either the
10complainant or the licensee pertaining to the complaint. The
11Department shall also notify the facility of such findings
12within 10 days of the determination, but the name of the
13complainant or residents shall not be disclosed in this notice
14to the facility. The notice of such findings shall include a
15copy of the written determination; the correction order, if
16any; the warning notice, if any; the inspection report; or the
17State licensure form on which the violation is listed.
18    (f) A written determination, correction order, or warning
19notice concerning a complaint, together with the facility's
20response, shall be available for public inspection, but the
21name of the complainant or resident shall not be disclosed
22without his or her consent.
23    (g) A complainant who is dissatisfied with the
24determination or investigation by the Department may request a
25hearing under Section 3-703. The facility shall be given notice
26of any such hearing and may participate in the hearing as a

 

 

HB5601- 10 -LRB099 19005 MJP 43394 b

1party. If a facility requests a hearing under Section 3-703
2which concerns a matter covered by a complaint, the complainant
3shall be given notice and may participate in the hearing as a
4party. A request for a hearing by either a complainant or a
5facility shall be submitted in writing to the Department within
630 days after the mailing of the Department's findings as
7described in subsection (e) of this Section. Upon receipt of
8the request the Department shall conduct a hearing as provided
9under Section 3-703.
10    (g-5) The Department shall conduct an annual review and
11make a report concerning the complaint process that includes
12the number of complaints received, the breakdown of anonymous
13and non-anonymous complaints and whether the complaints were
14substantiated or not, the total number of substantiated
15complaints, and any other complaint information requested by
16the DD Facility Advisory Board. This report shall be provided
17to the DD Facility Advisory Board. The DD Facility Advisory
18Board shall review the report and suggest any changes deemed
19necessary to the Department for review and action, including
20how to investigate and substantiate anonymous complaints.
21    (h) Any person who knowingly transmits a false report to
22the Department pursuant to subsection (a) of this Section also
23commits the offense of disorderly conduct under subsection
24(a)(8) of Section 26-1 of the Criminal Code of 2012.
25(Source: P.A. 99-180, eff. 7-29-15.)
 

 

 

HB5601- 11 -LRB099 19005 MJP 43394 b

1    Section 15. The ID/DD Community Care Act is amended by
2changing Section 3-702 as follows:
 
3    (210 ILCS 47/3-702)
4    Sec. 3-702. Request for investigation of violation.
5    (a) A person who believes that this Act or a rule
6promulgated under this Act may have been violated may request
7an investigation. The request may be submitted to the
8Department in writing, by telephone, by electronic means, or by
9personal visit. An oral complaint shall be reduced to writing
10by the Department. The Department shall make available, through
11its website and upon request, information regarding the oral
12and phone intake processes and the list of questions that will
13be asked of the complainant. The Department shall require
14request information identifying the complainant, including the
15name, address and telephone number, to help enable appropriate
16follow up. This identifying information is to be kept strictly
17confidential within the Department and the complainant shall be
18made aware of this confidentiality provision. The Department
19shall act on such complaints via on-site visits or other
20methods deemed appropriate to handle the complaints with or
21without such identifying information, as otherwise provided
22under this Section. The complainant shall be informed that
23compliance with such request is not required to satisfy the
24procedures for filing a complaint under this Act. The
25Department must notify complainants that complaints with less

 

 

HB5601- 12 -LRB099 19005 MJP 43394 b

1information provided are far more difficult to respond to and
2investigate. The complainant shall be informed of possible
3sanctions for knowingly and willfully transmitting a false
4report to the Department. If the Department has a good faith
5belief, based on information that comes to its attention, that
6a complaint is frivolous, intended to harass, or intended to
7defraud the Department, the Department shall:
8        (1) impose a civil monetary penalty in the amount of
9    $250 against the complainant; and
10        (2) keep an internal list of such violators.
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

 

 

HB5601- 13 -LRB099 19005 MJP 43394 b

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", "a false report", or "an
18undetermined report". For any complaint classified as "a valid
19report", the Department must determine within 30 working days
20if any rule or provision of this Act has been or is being
21violated.
22    (d-1) The Department shall, whenever possible, combine an
23on site investigation of a complaint in a facility with other
24inspections in order to avoid duplication of inspections.
25    (e) In all cases, the Department shall inform the
26complainant of its findings within 10 days of its determination

 

 

HB5601- 14 -LRB099 19005 MJP 43394 b

1unless otherwise indicated by the complainant, and the
2complainant may direct the Department to send a copy of such
3findings to another person. The Department's findings may
4include comments or documentation provided by either the
5complainant or the licensee pertaining to the complaint. The
6Department shall also notify the facility of such findings
7within 10 days of the determination, but the name of the
8complainant or residents shall not be disclosed in this notice
9to the facility. The notice of such findings shall include a
10copy of the written determination; the correction order, if
11any; the warning notice, if any; the inspection report; or the
12State licensure form on which the violation is listed.
13    (f) A written determination, correction order, or warning
14notice concerning a complaint, together with the facility's
15response, shall be available for public inspection, but the
16name of the complainant or resident shall not be disclosed
17without his or her consent.
18    (g) A complainant who is dissatisfied with the
19determination or investigation by the Department may request a
20hearing under Section 3-703. The facility shall be given notice
21of any such hearing and may participate in the hearing as a
22party. If a facility requests a hearing under Section 3-703
23which concerns a matter covered by a complaint, the complainant
24shall be given notice and may participate in the hearing as a
25party. A request for a hearing by either a complainant or a
26facility shall be submitted in writing to the Department within

 

 

HB5601- 15 -LRB099 19005 MJP 43394 b

130 days after the mailing of the Department's findings as
2described in subsection (e) of this Section. Upon receipt of
3the request the Department shall conduct a hearing as provided
4under Section 3-703.
5    (g-5) The Department shall conduct an annual review and
6make a report concerning the complaint process that includes
7the number of complaints received, the breakdown of anonymous
8and non-anonymous complaints and whether the complaints were
9substantiated or not, the total number of substantiated
10complaints, and any other complaint information requested by
11the DD Facility Advisory Board. This report shall be provided
12to the DD Facility Advisory Board. The DD Facility Advisory
13Board shall review the report and suggest any changes deemed
14necessary to the Department for review and action, including
15how to investigate and substantiate anonymous complaints.
16    (h) Any person who knowingly transmits a false report to
17the Department pursuant to subsection (a) of this Section also
18commits the offense of disorderly conduct under subsection
19(a)(8) of Section 26-1 of the Criminal Code of 2012.
20(Source: P.A. 97-1150, eff. 1-25-13; 98-988, eff. 8-18-14.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.