Full Text of HB5601 99th General Assembly
HB5601eng 99TH GENERAL ASSEMBLY |
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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 make available, through | 13 | | its website and upon request, information regarding the oral | 14 | | and phone intake processes and the list of questions that will | 15 | | be asked of the complainant. The Department shall require | 16 | | request information identifying the
complainant, including the | 17 | | name, address and telephone number, to help
enable appropriate | 18 | | follow-up. This identifying information is to be kept strictly | 19 | | confidential within the Department and the complainant shall be | 20 | | made aware of this confidentiality provision. The Department | 21 | | shall act on such complaints
via on-site visits or other | 22 | | methods deemed appropriate to handle the
complaints with or | 23 | | without such identifying information, as otherwise
provided |
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| 1 | | under this Section. The complainant shall be informed that
| 2 | | compliance with such request is not required to satisfy the | 3 | | procedures for
filing a complaint under this Act. The | 4 | | Department must notify complainants that complaints with less | 5 | | information provided are far more difficult to respond to and | 6 | | investigate. The complainant shall be informed of possible | 7 | | sanctions for knowingly and willfully transmitting a false | 8 | | report to the Department. If the Department has a good faith | 9 | | belief, based on information that comes to its attention, that | 10 | | a complaint is false, intended to harass, or intended to | 11 | | defraud the Department, the Department shall keep an internal | 12 | | list of violators for the purpose of allowing the Department to | 13 | | take action against persons who knowingly transmit a false | 14 | | report pursuant to subsection (h) of this Section.
| 15 | | (b) The substance of the complaint shall be provided in | 16 | | writing to the
licensee, owner or administrator no earlier than | 17 | | at the commencement of an
on-site inspection of the facility | 18 | | which takes place pursuant to the complaint.
| 19 | | (c) The Department shall not disclose the name of the | 20 | | complainant unless
the complainant consents in writing to the | 21 | | disclosure or the investigation
results in a judicial | 22 | | proceeding, or unless disclosure is essential to the
| 23 | | investigation. The complainant shall be given the opportunity | 24 | | to withdraw
the complaint before disclosure. Upon the request | 25 | | of the complainant, the
Department may permit the complainant | 26 | | or a representative of the complainant
to accompany the person |
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| 1 | | making the on-site inspection of the facility.
| 2 | | (d) Upon receipt of a complaint, the Department shall | 3 | | determine whether this
Act or a rule promulgated under this Act | 4 | | has been or is being violated. The
Department shall investigate | 5 | | all complaints alleging abuse or neglect within
7 days after | 6 | | the receipt of the complaint except that complaints of abuse
or | 7 | | neglect which indicate that a resident's life or safety is in | 8 | | imminent
danger shall be investigated within 24 hours after | 9 | | receipt of the
complaint. All other complaints shall be | 10 | | investigated within 30 days after
the receipt of the complaint. | 11 | | The Department employees investigating a
complaint shall | 12 | | conduct a brief, informal exit conference with the facility
to | 13 | | alert its administration of any suspected serious deficiency | 14 | | that poses
a direct threat to the health, safety or welfare of | 15 | | a resident to enable an
immediate correction for the | 16 | | alleviation or elimination of such threat.
Such information and | 17 | | findings discussed in the brief exit conference shall
become a | 18 | | part of the investigating record but shall not in any way
| 19 | | constitute an official or final notice of violation as provided | 20 | | under
Section 3-301. All complaints shall be classified as
"an | 21 | | invalid report", "a valid report", "a false report", or "an | 22 | | undetermined
report". For any complaint classified as "a valid | 23 | | report", the
Department must determine within 30 working days
| 24 | | if any rule or provision of this Act has been or is being | 25 | | violated.
| 26 | | (d-1) The Department shall, whenever possible, combine an |
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| 1 | | on-site
investigation of a complaint in a facility with other | 2 | | inspections in order
to avoid duplication of inspections.
| 3 | | (e) In all cases, the Department shall inform the | 4 | | complainant of its
findings within 10 days of its determination | 5 | | unless otherwise indicated
by the complainant, and the | 6 | | complainant may direct the Department to
send a copy of such | 7 | | findings to another person. The Department's findings
may | 8 | | include comments or documentation provided by either the | 9 | | complainant
or the licensee pertaining to the complaint. The | 10 | | Department shall also
notify the facility of such findings | 11 | | within 10 days of the determination,
but the name of the | 12 | | complainant or residents shall not be disclosed in this
notice | 13 | | to the facility. The notice of such
findings shall include a | 14 | | copy of the written determination; the
correction order, if | 15 | | any; the warning notice, if any; the inspection
report; or the | 16 | | State licensure form on which the violation is listed.
| 17 | | (f) A written determination, correction order, or warning | 18 | | notice
concerning a complaint, together with the facility's | 19 | | response, shall be
available for public inspection, but the | 20 | | name of the complainant or
resident shall not be disclosed | 21 | | without his consent.
| 22 | | (g) A complainant who is dissatisfied with the | 23 | | determination or
investigation by the Department may request a | 24 | | hearing under Section
3-703. The facility shall be given notice | 25 | | of any such
hearing and may participate in the hearing as a | 26 | | party. If a facility
requests a hearing under Section 3-703 |
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| 1 | | which
concerns a matter covered by a complaint, the complainant | 2 | | shall be given
notice and may participate in the hearing as a | 3 | | party. A request
for a hearing by either a complainant or a | 4 | | facility shall be
submitted in writing to the Department within | 5 | | 30 days after the mailing
of the Department's findings as | 6 | | described in subsection (e) of this
Section. Upon receipt of | 7 | | the request the Department shall conduct a hearing
as provided | 8 | | under Section 3-703.
| 9 | | (g-5) The Department shall conduct an annual review and | 10 | | make a report concerning the complaint process that includes | 11 | | the number of complaints received, the breakdown of anonymous | 12 | | and non-anonymous complaints and whether the complaints were | 13 | | substantiated or not, the total number of substantiated | 14 | | complaints, and any other complaint information requested by | 15 | | the Long-Term Care Facility Advisory Board created under | 16 | | Section 2-204 of this Act or the Illinois Long-Term Care | 17 | | Council created under Section 4.04a of the Illinois Act on the | 18 | | Aging. This report shall be provided to the Long-Term Care | 19 | | Facility Advisory Board and the Illinois Long-Term Care | 20 | | Council. The Long-Term Care Advisory Board and the Illinois | 21 | | Long-Term Care Council shall review the report and suggest any | 22 | | changes deemed necessary to the Department for review and | 23 | | action, including how to investigate and substantiate | 24 | | anonymous complaints. | 25 | | (h) Any person who knowingly transmits a false report to | 26 | | the
Department pursuant to subsection (a) of this Section also |
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| 1 | | commits 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; | 4 | | revised 10-9-15.)
| 5 | | Section 10. The MC/DD Act is amended by changing Section | 6 | | 3-702 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 | 10 | | promulgated under this Act may have been violated may request | 11 | | an investigation. The request may be submitted to the | 12 | | Department in writing, by telephone, by electronic means, or by | 13 | | personal visit. An oral complaint shall be reduced to writing | 14 | | by the Department. The Department shall make available, through
| 15 | | its website and upon request, information regarding the oral
| 16 | | and phone intake processes and the list of questions that will
| 17 | | be asked of the complainant. The Department shall require | 18 | | request information identifying the complainant, including the | 19 | | name, address and telephone number, to help enable appropriate | 20 | | follow up. This identifying information is to be kept strictly | 21 | | confidential within the Department and the complainant shall be | 22 | | made aware of this confidentiality provision. The Department | 23 | | shall act on such complaints via on-site visits or other | 24 | | methods deemed appropriate to handle the complaints with or |
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| 1 | | without such identifying information, as otherwise provided | 2 | | under this Section. The complainant shall be informed that | 3 | | compliance with such request is not required to satisfy the | 4 | | procedures for filing a complaint under this Act. The | 5 | | Department must notify complainants that complaints with less | 6 | | information provided are far more difficult to respond to and | 7 | | investigate. The complainant shall be informed of possible | 8 | | sanctions for knowingly and willfully transmitting a false | 9 | | report to the Department. If the Department has a good faith | 10 | | belief, based on information that comes to its attention, that | 11 | | a complaint is false, intended to harass, or intended to | 12 | | defraud the Department, the Department shall keep an internal | 13 | | list of violators for the purpose of allowing the Department to | 14 | | take action against persons who knowingly transmit a false | 15 | | report pursuant to subsection (h) of this Section. | 16 | | (b) The substance of the complaint shall be provided in | 17 | | writing to the licensee, owner or administrator no earlier than | 18 | | at the commencement of an on-site inspection of the facility | 19 | | which takes place pursuant to the complaint. | 20 | | (c) The Department shall not disclose the name of the | 21 | | complainant unless the complainant consents in writing to the | 22 | | disclosure or the investigation results in a judicial | 23 | | proceeding, or unless disclosure is essential to the | 24 | | investigation. The complainant shall be given the opportunity | 25 | | to withdraw the complaint before disclosure. Upon the request | 26 | | of the complainant, the Department may permit the complainant |
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| 1 | | or a representative of the complainant to accompany the person | 2 | | making the on-site inspection of the facility. | 3 | | (d) Upon receipt of a complaint, the Department shall | 4 | | determine whether this Act or a rule promulgated under this Act | 5 | | has been or is being violated. The Department shall investigate | 6 | | all complaints alleging abuse or neglect within 7 days after | 7 | | the receipt of the complaint except that complaints of abuse or | 8 | | neglect which indicate that a resident's life or safety is in | 9 | | imminent danger shall be investigated within 24 hours after | 10 | | receipt of the complaint. All other complaints shall be | 11 | | investigated within 30 days after the receipt of the complaint. | 12 | | The Department employees investigating a complaint shall | 13 | | conduct a brief, informal exit conference with the facility to | 14 | | alert its administration of any suspected serious deficiency | 15 | | that poses a direct threat to the health, safety or welfare of | 16 | | a resident to enable an immediate correction for the | 17 | | alleviation or elimination of such threat. Such information and | 18 | | findings discussed in the brief exit conference shall become a | 19 | | part of the investigating record but shall not in any way | 20 | | constitute an official or final notice of violation as provided | 21 | | under Section 3-301. All complaints shall be classified as "an | 22 | | invalid report", "a valid report", "a false report", or "an | 23 | | undetermined report". For any complaint classified as "a valid | 24 | | report", the Department must determine within 30 working days | 25 | | if any rule or provision of this Act has been or is being | 26 | | violated. |
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| 1 | | (d-1) The Department shall, whenever possible, combine an | 2 | | on site investigation of a complaint in a facility with other | 3 | | inspections in order to avoid duplication of inspections. | 4 | | (e) In all cases, the Department shall inform the | 5 | | complainant of its findings within 10 days of its determination | 6 | | unless otherwise indicated by the complainant, and the | 7 | | complainant may direct the Department to send a copy of such | 8 | | findings to another person. The Department's findings may | 9 | | include comments or documentation provided by either the | 10 | | complainant or the licensee pertaining to the complaint. The | 11 | | Department shall also notify the facility of such findings | 12 | | within 10 days of the determination, but the name of the | 13 | | complainant or residents shall not be disclosed in this notice | 14 | | to the facility. The notice of such findings shall include a | 15 | | copy of the written determination; the correction order, if | 16 | | any; the warning notice, if any; the inspection report; or the | 17 | | State licensure form on which the violation is listed. | 18 | | (f) A written determination, correction order, or warning | 19 | | notice concerning a complaint, together with the facility's | 20 | | response, shall be available for public inspection, but the | 21 | | name of the complainant or resident shall not be disclosed | 22 | | without his or her consent. | 23 | | (g) A complainant who is dissatisfied with the | 24 | | determination or investigation by the Department may request a | 25 | | hearing under Section 3-703. The facility shall be given notice | 26 | | of any such hearing and may participate in the hearing as a |
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| 1 | | party. If a facility requests a hearing under Section 3-703 | 2 | | which concerns a matter covered by a complaint, the complainant | 3 | | shall be given notice and may participate in the hearing as a | 4 | | party. A request for a hearing by either a complainant or a | 5 | | facility shall be submitted in writing to the Department within | 6 | | 30 days after the mailing of the Department's findings as | 7 | | described in subsection (e) of this Section. Upon receipt of | 8 | | the request the Department shall conduct a hearing as provided | 9 | | under Section 3-703. | 10 | | (g-5) The Department shall conduct an annual review and
| 11 | | make a report concerning the complaint process that includes
| 12 | | the number of complaints received, the breakdown of anonymous
| 13 | | and non-anonymous complaints and whether the complaints were
| 14 | | substantiated or not, the total number of substantiated
| 15 | | complaints, and any other complaint information requested by
| 16 | | the DD Facility Advisory Board. This report shall be provided | 17 | | to the DD Facility Advisory Board. The DD Facility Advisory | 18 | | Board shall review the report and suggest any changes deemed | 19 | | necessary to the Department for review and action, including | 20 | | how to investigate and substantiate anonymous complaints. | 21 | | (h) Any person who knowingly transmits a false report to | 22 | | the Department pursuant to subsection (a) of this Section also | 23 | | commits 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.) |
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| 1 | | Section 15. The ID/DD Community Care Act is amended by | 2 | | changing 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 | 6 | | promulgated under this Act may have been violated may request | 7 | | an investigation. The request may be submitted to the | 8 | | Department in writing, by telephone, by electronic means, or by | 9 | | personal visit. An oral complaint shall be reduced to writing | 10 | | by the Department. The Department shall make available, through
| 11 | | its website and upon request, information regarding the oral
| 12 | | and phone intake processes and the list of questions that will
| 13 | | be asked of the complainant. The Department shall require | 14 | | request information identifying the complainant, including the | 15 | | name, address and telephone number, to help enable appropriate | 16 | | follow up. This identifying information is to be kept strictly | 17 | | confidential within the Department and the complainant shall be | 18 | | made aware of this confidentiality provision. The Department | 19 | | shall act on such complaints via on-site visits or other | 20 | | methods deemed appropriate to handle the complaints with or | 21 | | without such identifying information, as otherwise provided | 22 | | under this Section. The complainant shall be informed that | 23 | | compliance with such request is not required to satisfy the | 24 | | procedures for filing a complaint under this Act. The | 25 | | Department must notify complainants that complaints with less |
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| 1 | | information provided are far more difficult to respond to and | 2 | | investigate. The complainant shall be informed of possible | 3 | | sanctions for knowingly and willfully transmitting a false | 4 | | report to the Department. If the Department has a good faith | 5 | | belief, based on information that comes to its attention, that | 6 | | a complaint is false, intended to harass, or intended to | 7 | | defraud the Department, the Department shall keep an internal | 8 | | list of violators for the purpose of allowing the Department to | 9 | | take action against persons who knowingly transmit a false | 10 | | report pursuant to subsection (h) of this Section. | 11 | | (b) The substance of the complaint shall be provided in | 12 | | writing to the licensee, owner or administrator no earlier than | 13 | | at the commencement of an on-site inspection of the facility | 14 | | which takes place pursuant to the complaint. | 15 | | (c) The Department shall not disclose the name of the | 16 | | complainant unless the complainant consents in writing to the | 17 | | disclosure or the investigation results in a judicial | 18 | | proceeding, or unless disclosure is essential to the | 19 | | investigation. The complainant shall be given the opportunity | 20 | | to withdraw the complaint before disclosure. Upon the request | 21 | | of the complainant, the Department may permit the complainant | 22 | | or a representative of the complainant to accompany the person | 23 | | making the on-site inspection of the facility. | 24 | | (d) Upon receipt of a complaint, the Department shall | 25 | | determine whether this Act or a rule promulgated under this Act | 26 | | has been or is being violated. The Department shall investigate |
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| 1 | | all complaints alleging abuse or neglect within 7 days after | 2 | | the receipt of the complaint except that complaints of abuse or | 3 | | neglect which indicate that a resident's life or safety is in | 4 | | imminent danger shall be investigated within 24 hours after | 5 | | receipt of the complaint. All other complaints shall be | 6 | | investigated within 30 days after the receipt of the complaint. | 7 | | The Department employees investigating a complaint shall | 8 | | conduct a brief, informal exit conference with the facility to | 9 | | alert its administration of any suspected serious deficiency | 10 | | that poses a direct threat to the health, safety or welfare of | 11 | | a resident to enable an immediate correction for the | 12 | | alleviation or elimination of such threat. Such information and | 13 | | findings discussed in the brief exit conference shall become a | 14 | | part of the investigating record but shall not in any way | 15 | | constitute an official or final notice of violation as provided | 16 | | under Section 3-301. All complaints shall be classified as "an | 17 | | invalid report", "a valid report", "a false report", or "an | 18 | | undetermined report". For any complaint classified as "a valid | 19 | | report", the Department must determine within 30 working days | 20 | | if any rule or provision of this Act has been or is being | 21 | | violated. | 22 | | (d-1) The Department shall, whenever possible, combine an | 23 | | on site investigation of a complaint in a facility with other | 24 | | inspections in order to avoid duplication of inspections. | 25 | | (e) In all cases, the Department shall inform the | 26 | | complainant of its findings within 10 days of its determination |
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| 1 | | unless otherwise indicated by the complainant, and the | 2 | | complainant may direct the Department to send a copy of such | 3 | | findings to another person. The Department's findings may | 4 | | include comments or documentation provided by either the | 5 | | complainant or the licensee pertaining to the complaint. The | 6 | | Department shall also notify the facility of such findings | 7 | | within 10 days of the determination, but the name of the | 8 | | complainant or residents shall not be disclosed in this notice | 9 | | to the facility. The notice of such findings shall include a | 10 | | copy of the written determination; the correction order, if | 11 | | any; the warning notice, if any; the inspection report; or the | 12 | | State licensure form on which the violation is listed. | 13 | | (f) A written determination, correction order, or warning | 14 | | notice concerning a complaint, together with the facility's | 15 | | response, shall be available for public inspection, but the | 16 | | name of the complainant or resident shall not be disclosed | 17 | | without his or her consent. | 18 | | (g) A complainant who is dissatisfied with the | 19 | | determination or investigation by the Department may request a | 20 | | hearing under Section 3-703. The facility shall be given notice | 21 | | of any such hearing and may participate in the hearing as a | 22 | | party. If a facility requests a hearing under Section 3-703 | 23 | | which concerns a matter covered by a complaint, the complainant | 24 | | shall be given notice and may participate in the hearing as a | 25 | | party. A request for a hearing by either a complainant or a | 26 | | facility shall be submitted in writing to the Department within |
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| 1 | | 30 days after the mailing of the Department's findings as | 2 | | described in subsection (e) of this Section. Upon receipt of | 3 | | the request the Department shall conduct a hearing as provided | 4 | | under Section 3-703. | 5 | | (g-5) The Department shall conduct an annual review and
| 6 | | make a report concerning the complaint process that includes
| 7 | | the number of complaints received, the breakdown of anonymous
| 8 | | and non-anonymous complaints and whether the complaints were
| 9 | | substantiated or not, the total number of substantiated
| 10 | | complaints, and any other complaint information requested by
| 11 | | the DD Facility Advisory Board. This report shall be provided | 12 | | to the DD Facility Advisory Board. The DD Facility Advisory | 13 | | Board shall review the report and suggest any changes deemed | 14 | | necessary to the Department for review and action, including | 15 | | how to investigate and substantiate anonymous complaints. | 16 | | (h) Any person who knowingly transmits a false report to | 17 | | the Department pursuant to subsection (a) of this Section also | 18 | | commits 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 | 22 | | becoming law.
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