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


Rep. Suzanne Ness

Filed: 4/20/2021





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2    AMENDMENT NO. ______. Amend House Bill 2433, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 5. The Nursing Home Care Act is amended by
6changing Sections 2-204 and 3-702 as follows:
7    (210 ILCS 45/2-204)  (from Ch. 111 1/2, par. 4152-204)
8    Sec. 2-204. The Director shall appoint a Long-Term Care
9Facility Advisory Board to consult with the Department and the
10residents' advisory councils created under Section 2-203.
11    (a) The Board shall be comprised of the following persons:
12        (1) The Director who shall serve as chairman, ex
13    officio and nonvoting; and
14        (2) One representative each of the Department of
15    Healthcare and Family Services, the Department of Human
16    Services, the Department on Aging, and the Office of the



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1    State Fire Marshal, all nonvoting members;
2        (2.5) One member who represents local health
3    departments who is a nonvoting member;
4        (3) One member who shall be a physician licensed to
5    practice medicine in all its branches;
6        (4) One member who shall be a registered nurse
7    selected from the recommendations of professional nursing
8    associations;
9        (5) Four members who shall be selected from the
10    recommendations by organizations whose membership consists
11    of facilities;
12        (6) Two members who shall represent the general public
13    who are not members of a residents' advisory council
14    established under Section 2-203 and who have no
15    responsibility for management or formation of policy or
16    financial interest in a facility;
17        (7) One member who is a member of a residents'
18    advisory council established under Section 2-203 and is
19    capable of actively participating on the Board; and
20        (8) One member who shall be selected from the
21    recommendations of consumer organizations which engage
22    solely in advocacy or legal representation on behalf of
23    residents and their immediate families.
24    (b) The terms of those members of the Board appointed
25prior to the effective date of this amendatory Act of 1988
26shall expire on December 31, 1988. Members of the Board



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1created by this amendatory Act of 1988 shall be appointed to
2serve for terms as follows: 3 for 2 years, 3 for 3 years and 3
3for 4 years. The member of the Board added by this amendatory
4Act of 1989 shall be appointed to serve for a term of 4 years.
5Each successor member shall be appointed for a term of 4 years.
6Any member appointed to fill a vacancy occurring prior to the
7expiration of the term for which his predecessor was appointed
8shall be appointed for the remainder of such term. The Board
9shall meet as frequently as the chairman deems necessary, but
10not less than 4 times each year. Upon request by 4 or more
11members the chairman shall call a meeting of the Board. The
12affirmative vote of 6 members of the Board shall be necessary
13for Board action. A member of the Board can designate a
14replacement to serve at the Board meeting and vote in place of
15the member by submitting a letter of designation to the
16chairman prior to or at the Board meeting. The Board members
17shall be reimbursed for their actual expenses incurred in the
18performance of their duties.
19    (c) The Advisory Board shall advise the Department of
20Public Health on all aspects of its responsibilities under
21this Act and the Specialized Mental Health Rehabilitation Act
22of 2013, including the format and content of any rules
23promulgated by the Department of Public Health. Any such
24rules, except emergency rules promulgated pursuant to Section
255-45 of the Illinois Administrative Procedure Act, promulgated
26without obtaining the advice of the Advisory Board are null



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1and void. In the event that the Department fails to follow the
2advice of the Board, the Department shall, prior to the
3promulgation of such rules, transmit a written explanation of
4the reason thereof to the Board. During its review of rules,
5the Board shall analyze the economic and regulatory impact of
6those rules. If the Advisory Board, having been asked for its
7advice, fails to advise the Department within 90 days, the
8rules shall be considered acted upon.
9(Source: P.A. 97-38, eff. 6-28-11; 98-104, eff. 7-22-13;
1098-463, eff. 8-16-13.)
11    (210 ILCS 45/3-702)  (from Ch. 111 1/2, par. 4153-702)
12    Sec. 3-702. (a) A person who believes that this Act or a
13rule promulgated under this Act may have been violated may
14request an investigation. The request may be submitted to the
15Department in writing, by telephone, by electronic means, or
16by personal visit. An oral complaint shall be reduced to
17writing by the Department. The Department shall make
18available, through its website and upon request, information
19regarding the oral and phone intake processes and the list of
20questions that will be asked of the complainant. The
21Department shall request information identifying the
22complainant, including the name, address and telephone number,
23to help enable appropriate follow-up. The Department shall act
24on such complaints via on-site visits or other methods deemed
25appropriate to handle the complaints with or without such



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



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



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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.



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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 that were completed in the time frame determined
7under subsection (d), and any other complaint information
8requested by the Long-Term Care Facility Advisory Board
9created under Section 2-204 of this Act or the Illinois
10Long-Term Care Council created under Section 4.04a of the
11Illinois Act on the Aging. This report shall be provided to the
12Long-Term Care Facility Advisory Board, and the Illinois
13Long-Term Care Council, and the General Assembly. The
14Long-Term Care Facility Advisory Board and the Illinois
15Long-Term Care Council shall review the report and suggest any
16changes deemed necessary to the Department for review and
17action, including how to investigate and substantiate
18anonymous complaints.
19    (h) Any person who knowingly transmits a false report to
20the Department commits the offense of disorderly conduct under
21subsection (a)(8) of Section 26-1 of the Criminal Code of
23(Source: P.A. 98-988, eff. 8-18-14; 99-642, eff. 7-28-16.)
24    Section 99. Effective date. This Act takes effect upon
25becoming law.".