Illinois General Assembly - Full Text of HB2433
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Full Text of HB2433  102nd General Assembly




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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
5changing Sections 2-204 and 3-702 as follows:
6    (210 ILCS 45/2-204)  (from Ch. 111 1/2, par. 4152-204)
7    Sec. 2-204. The Director shall appoint a Long-Term Care
8Facility Advisory Board to consult with the Department and the
9residents' advisory councils created under Section 2-203.
10    (a) The Board shall be comprised of the following persons:
11        (1) The Director who shall serve as chairman, ex
12    officio and nonvoting; and
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;
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;
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;
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;
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
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.
16    (b) The terms of those members of the Board appointed
17prior to the effective date of this amendatory Act of 1988
18shall expire on December 31, 1988. Members of the Board
19created by this amendatory Act of 1988 shall be appointed to
20serve for terms as follows: 3 for 2 years, 3 for 3 years and 3
21for 4 years. The member of the Board added by this amendatory
22Act of 1989 shall be appointed to serve for a term of 4 years.
23Each successor member shall be appointed for a term of 4 years.
24Any member appointed to fill a vacancy occurring prior to the
25expiration of the term for which his predecessor was appointed
26shall be appointed for the remainder of such term. The Board



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1shall meet as frequently as the chairman deems necessary, but
2not less than 4 times each year. Upon request by 4 or more
3members the chairman shall call a meeting of the Board. The
4affirmative vote of 6 members of the Board shall be necessary
5for Board action. A member of the Board can designate a
6replacement to serve at the Board meeting and vote in place of
7the member by submitting a letter of designation to the
8chairman prior to or at the Board meeting. The Board members
9shall be reimbursed for their actual expenses incurred in the
10performance of their duties.
11    (c) The Advisory Board shall advise the Department of
12Public Health on all aspects of its responsibilities under
13this Act and the Specialized Mental Health Rehabilitation Act
14of 2013, including the format and content of any rules
15promulgated by the Department of Public Health. Any such
16rules, except emergency rules promulgated pursuant to Section
175-45 of the Illinois Administrative Procedure Act, promulgated
18without obtaining the advice of the Advisory Board are null
19and void. In the event that the Department fails to follow the
20advice of the Board, the Department shall, prior to the
21promulgation of such rules, transmit a written explanation of
22the reason thereof to the Board. During its review of rules,
23the Board shall analyze the economic and regulatory impact of
24those rules. If the Advisory Board, having been asked for its
25advice, fails to advise the Department within 90 days, the
26rules 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;
298-463, eff. 8-16-13.)
3    (210 ILCS 45/3-702)  (from Ch. 111 1/2, par. 4153-702)
4    Sec. 3-702. (a) A person who believes that this Act or a
5rule promulgated under this Act may have been violated may
6request an investigation. The request may be submitted to the
7Department in writing, by telephone, by electronic means, or
8by personal visit. An oral complaint shall be reduced to
9writing by the Department. The Department shall make
10available, through its website and upon request, information
11regarding the oral and phone intake processes and the list of
12questions that will be asked of the complainant. The
13Department shall request information identifying the
14complainant, including the name, address and telephone number,
15to help enable appropriate follow-up. The Department shall act
16on such complaints via on-site visits or other methods deemed
17appropriate to handle the complaints with or without such
18identifying information, as otherwise provided under this
19Section. The complainant shall be informed that compliance
20with such request is not required to satisfy the procedures
21for filing a complaint under this Act. The Department must
22notify complainants that complaints with less information
23provided are far more difficult to respond to and investigate.
24    (b) The substance of the complaint shall be provided in
25writing to the licensee, owner, or administrator no earlier



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



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



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1    (f) A written determination, correction order, or warning
2notice concerning a complaint, together with the facility's
3response, shall be available for public inspection, but the
4name of the complainant or resident shall not be disclosed
5without his consent.
6    (g) A complainant who is dissatisfied with the
7determination or investigation by the Department may request a
8hearing under Section 3-703. The facility shall be given
9notice of any such hearing and may participate in the hearing
10as a party. If a facility requests a hearing under Section
113-703 which concerns a matter covered by a complaint, the
12complainant shall be given notice and may participate in the
13hearing as a party. A request for a hearing by either a
14complainant or a facility shall be submitted in writing to the
15Department within 30 days after the mailing of the
16Department's findings as described in subsection (e) of this
17Section. Upon receipt of the request the Department shall
18conduct a hearing as provided under Section 3-703.
19    (g-5) The Department shall conduct an annual review and
20make a report concerning the complaint process that includes
21the number of complaints received, the breakdown of anonymous
22and non-anonymous complaints and whether the complaints were
23substantiated or not, the total number of substantiated
24complaints that were completed in the time frame determined
25under subsection (d), and any other complaint information
26requested by the Long-Term Care Facility Advisory Board



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1created under Section 2-204 of this Act or the Illinois
2Long-Term Care Council created under Section 4.04a of the
3Illinois Act on the Aging. This report shall be provided to the
4Long-Term Care Facility Advisory Board, and the Illinois
5Long-Term Care Council, and the General Assembly. The
6Long-Term Care Facility Advisory Board and the Illinois
7Long-Term Care Council shall review the report and suggest any
8changes deemed necessary to the Department for review and
9action, including how to investigate and substantiate
10anonymous complaints.
11    (h) Any person who knowingly transmits a false report to
12the Department commits the offense of disorderly conduct under
13subsection (a)(8) of Section 26-1 of the Criminal Code of
15(Source: P.A. 98-988, eff. 8-18-14; 99-642, eff. 7-28-16.)
16    Section 99. Effective date. This Act takes effect upon
17becoming law.