Full Text of HB5703 98th General Assembly
HB5703 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB5703 Introduced , by Rep. Dennis M. Reboletti SYNOPSIS AS INTRODUCED: |
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210 ILCS 45/3-702 | from Ch. 111 1/2, par. 4153-702 |
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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.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | | HB5703 | | LRB098 17565 RPS 52674 b |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Nursing Home Care Act is amended by changing | 5 | | 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 | 8 | | rule promulgated
under this Act may have been violated may | 9 | | request an investigation. The
request may be submitted to the | 10 | | Department in writing, by telephone, by electronic means, or by
| 11 | | personal visit. An oral complaint shall be reduced to writing | 12 | | by the
Department. The Department shall require request | 13 | | information identifying the
complainant, including the name, | 14 | | address and telephone number, to help
enable appropriate | 15 | | follow-up. The complainant may request to have his or her | 16 | | identifying information be kept confidential or to have the | 17 | | complaint be treated as an anonymous complaint. If the | 18 | | complainant requests to have his or her information kept | 19 | | confidential or that the complaint be treated as anonymous, | 20 | | then the complainant's identifying information shall not be | 21 | | disclosed unless the provisions of subsection (c) of this | 22 | | Section apply or the disclosure is essential to the | 23 | | investigation or prosecution of the complainant's alleged |
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| 1 | | knowing transmission of a false report to the Department. The | 2 | | Department shall act on such complaints
via on-site visits or | 3 | | other methods deemed appropriate to handle the
complaints with | 4 | | or without such identifying information, as otherwise
provided | 5 | | under this Section . The complainant shall be informed that
| 6 | | compliance with such request is not required to satisfy the | 7 | | procedures for
filing a complaint under this Act.
| 8 | | (b) The substance of the complaint shall be provided in | 9 | | writing to the
licensee, owner or administrator no earlier than | 10 | | at the commencement of an
on-site inspection of the facility | 11 | | which takes place pursuant to the complaint.
| 12 | | (c) The Department shall not disclose the name of the | 13 | | complainant unless
the complainant consents in writing to the | 14 | | disclosure or the investigation
results in a judicial | 15 | | proceeding, or unless disclosure is essential to the
| 16 | | investigation. The complainant shall be given the opportunity | 17 | | to withdraw
the complaint before disclosure. Upon the request | 18 | | of the complainant, the
Department may permit the complainant | 19 | | or a representative of the complainant
to accompany the person | 20 | | making the on-site inspection of the facility.
| 21 | | (d) Upon receipt of a complaint, the Department shall | 22 | | determine whether this
Act or a rule promulgated under this Act | 23 | | has been or is being violated. The
Department shall investigate | 24 | | all complaints alleging abuse or neglect within
7 days after | 25 | | the receipt of the complaint except that complaints of abuse
or | 26 | | neglect which indicate that a resident's life or safety is in |
| | | HB5703 | - 3 - | LRB098 17565 RPS 52674 b |
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| 1 | | imminent
danger shall be investigated within 24 hours after | 2 | | receipt of the
complaint. All other complaints shall be | 3 | | investigated within 30 days after
the receipt of the complaint. | 4 | | The Department employees investigating a
complaint shall | 5 | | conduct a brief, informal exit conference with the facility
to | 6 | | alert its administration of any suspected serious deficiency | 7 | | that poses
a direct threat to the health, safety or welfare of | 8 | | a resident to enable an
immediate correction for the | 9 | | alleviation or elimination of such threat.
Such information and | 10 | | findings discussed in the brief exit conference shall
become a | 11 | | part of the investigating record but shall not in any way
| 12 | | constitute an official or final notice of violation as provided | 13 | | under
Section 3-301. All complaints shall be classified as
"an | 14 | | invalid report", "a valid report", or "an undetermined
report". | 15 | | For any complaint classified as "a valid report", the
| 16 | | Department must determine within 30 working days
if any rule or | 17 | | provision of this Act has been or is being violated.
| 18 | | (d-1) The Department shall, whenever possible, combine an | 19 | | on-site
investigation of a complaint in a facility with other | 20 | | inspections in order
to avoid duplication of inspections.
| 21 | | (e) In all cases, the Department shall inform the | 22 | | complainant of its
findings within 10 days of its determination | 23 | | unless otherwise indicated
by the complainant, and the | 24 | | complainant may direct the Department to
send a copy of such | 25 | | findings to another person. The Department's findings
may | 26 | | include comments or documentation provided by either the |
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| 1 | | complainant
or the licensee pertaining to the complaint. The | 2 | | Department shall also
notify the facility of such findings | 3 | | within 10 days of the determination,
but the name of the | 4 | | complainant or residents shall not be disclosed in this
notice | 5 | | to the facility. The notice of such
findings shall include a | 6 | | copy of the written determination; the
correction order, if | 7 | | any; the warning notice, if any; the inspection
report; or the | 8 | | State licensure form on which the violation is listed.
| 9 | | (f) A written determination, correction order, or warning | 10 | | notice
concerning a complaint, together with the facility's | 11 | | response, shall be
available for public inspection, but the | 12 | | name of the complainant or
resident shall not be disclosed | 13 | | without his consent.
| 14 | | (g) A complainant who is dissatisfied with the | 15 | | determination or
investigation by the Department may request a | 16 | | hearing under Section
3-703. The facility shall be given notice | 17 | | of any such
hearing and may participate in the hearing as a | 18 | | party. If a facility
requests a hearing under Section 3-703 | 19 | | which
concerns a matter covered by a complaint, the complainant | 20 | | shall be given
notice and may participate in the hearing as a | 21 | | party. A request
for a hearing by either a complainant or a | 22 | | facility shall be
submitted in writing to the Department within | 23 | | 30 days after the mailing
of the Department's findings as | 24 | | described in subsection (e) of this
Section. Upon receipt of | 25 | | the request the Department shall conduct a hearing
as provided | 26 | | under Section 3-703.
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| | | HB5703 | - 5 - | LRB098 17565 RPS 52674 b |
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| 1 | | (h) Any person who knowingly transmits a false report to | 2 | | the
Department commits the offense of disorderly conduct under | 3 | | subsection
(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 | 6 | | becoming law.
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