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

HB2433 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2433

 

Introduced 2/19/2021, by Rep. Suzanne Ness

 

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

    Amends the Nursing Home Care Act. Provides that, notwithstanding any other provision of law, a local health department may investigate a complaint against a facility within the local health department's jurisdiction.


LRB102 12728 CPF 18067 b

 

 

A BILL FOR

 

HB2433LRB102 12728 CPF 18067 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
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
11by personal visit. An oral complaint shall be reduced to
12writing by the Department. The Department shall make
13available, through its website and upon request, information
14regarding the oral and phone intake processes and the list of
15questions that will be asked of the complainant. The
16Department shall request information identifying the
17complainant, including the name, address and telephone number,
18to help enable appropriate follow-up. The Department shall act
19on such complaints via on-site visits or other methods deemed
20appropriate to handle the complaints with or without such
21identifying information, as otherwise provided under this
22Section. The complainant shall be informed that compliance
23with such request is not required to satisfy the procedures

 

 

HB2433- 2 -LRB102 12728 CPF 18067 b

1for filing a complaint under this Act. The Department must
2notify complainants that complaints with less information
3provided are far more difficult to respond to and investigate.
4    (b) The substance of the complaint shall be provided in
5writing to the licensee, owner, or administrator no earlier
6than at the commencement of an on-site inspection of the
7facility which takes place pursuant to the complaint.
8    (c) The Department shall not disclose the name of the
9complainant unless the complainant consents in writing to the
10disclosure or the investigation results in a judicial
11proceeding, or unless disclosure is essential to the
12investigation. The complainant shall be given the opportunity
13to withdraw the complaint before disclosure. Upon the request
14of the complainant, the Department may permit the complainant
15or a representative of the complainant to accompany the person
16making the on-site inspection of the facility.
17    (d) Upon receipt of a complaint, the Department shall
18determine whether this Act or a rule promulgated under this
19Act has been or is being violated. The Department shall
20investigate all complaints alleging abuse or neglect within 7
21days after the receipt of the complaint except that complaints
22of abuse or neglect which indicate that a resident's life or
23safety is in imminent danger shall be investigated within 24
24hours after receipt of the complaint. All other complaints
25shall be investigated within 30 days after the receipt of the
26complaint. The Department employees investigating a complaint

 

 

HB2433- 3 -LRB102 12728 CPF 18067 b

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

 

 

HB2433- 4 -LRB102 12728 CPF 18067 b

1complainant or the licensee pertaining to the complaint. The
2Department shall also notify the facility of such findings
3within 10 days of the determination, but the name of the
4complainant or residents shall not be disclosed in this notice
5to the facility. The notice of such findings shall include a
6copy of the written determination; the correction order, if
7any; the warning notice, if any; the inspection report; or the
8State licensure form on which the violation is listed.
9    (f) A written determination, correction order, or warning
10notice concerning a complaint, together with the facility's
11response, shall be available for public inspection, but the
12name of the complainant or resident shall not be disclosed
13without his consent.
14    (g) A complainant who is dissatisfied with the
15determination or investigation by the Department may request a
16hearing under Section 3-703. The facility shall be given
17notice of any such hearing and may participate in the hearing
18as a party. If a facility requests a hearing under Section
193-703 which concerns a matter covered by a complaint, the
20complainant shall be given notice and may participate in the
21hearing as a party. A request for a hearing by either a
22complainant or a facility shall be submitted in writing to the
23Department within 30 days after the mailing of the
24Department's findings as described in subsection (e) of this
25Section. Upon receipt of the request the Department shall
26conduct a hearing as provided under Section 3-703.

 

 

HB2433- 5 -LRB102 12728 CPF 18067 b

1    (g-5) The Department shall conduct an annual review and
2make a report concerning the complaint process that includes
3the number of complaints received, the breakdown of anonymous
4and non-anonymous complaints and whether the complaints were
5substantiated or not, the total number of substantiated
6complaints, and any other complaint information requested by
7the Long-Term Care Facility Advisory Board created under
8Section 2-204 of this Act or the Illinois Long-Term Care
9Council created under Section 4.04a of the Illinois Act on the
10Aging. This report shall be provided to the Long-Term Care
11Facility Advisory Board and the Illinois Long-Term Care
12Council. The Long-Term Care Facility Advisory Board and the
13Illinois Long-Term Care Council shall review the report and
14suggest any changes deemed necessary to the Department for
15review and action, including how to investigate and
16substantiate anonymous complaints.
17    (h) Any person who knowingly transmits a false report to
18the Department commits the offense of disorderly conduct under
19subsection (a)(8) of Section 26-1 of the Criminal Code of
202012.
21(Source: P.A. 98-988, eff. 8-18-14; 99-642, eff. 7-28-16.)