State of Illinois
90th General Assembly

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 1                          HOUSE RESOLUTION
 2        WHEREAS,  The Department of Public Health is required  by
 3    State law to establish a comprehensive system of licensure of
 4    long  term  care facilities for the purpose of protecting the
 5    health, welfare, and safety of residents;  and  in  addition,
 6    the  Department  has  been given the authority to enforce the
 7    Nursing Home Care Act and the Abused and Neglected Long  Term
 8    Care Facility Residents Reporting Act; and
 9        WHEREAS,  The  Department of Public Health received 4,366
10    complaints during fiscal year 1995 alleging  a  violation  of
11    the Nursing Home Care Act; and
12        WHEREAS,  A  facility that is found to be in violation of
13    the Nursing Home Care Act by the Department may be subject to
14    penalties or fines  levied  by  the  Department;  and  during
15    fiscal  year  1995  the  Department of Public Health assessed
16    $344,585 in fines against 44 facilities  and  collected  only
17    $205,588 from 38 facilities as sanctions; and
18        WHEREAS,  The  Long-Term  Care  Facility  Advisory  Board
19    established  under  the  Nursing Home Care Act is required to
20    advise and make recommendations to the  Department  regarding
21    improvements  in  the reporting, investigation, and follow-up
22    systems  and  procedures  established  under  the   Act   and
23    regarding  the  adequacy  and  availability  of  programs and
24    services to prevent  and  respond  to  further  incidents  of
25    resident abuse and neglect; and
26        WHEREAS,  The   composition  of  the  membership  of  the
27    Long-Term Care Facility Advisory Board is  essential  to  its
28    statutory charge; therefore, be it
31    Auditor General is directed to conduct a program audit of the
                            -2-                LRB9001349DJpk
 1    Department of Public Health's effectiveness in  investigating
 2    complaints  against  long  term  care  facilities;  and be it
 3    further
 4        RESOLVED,  That this audit include, but  not  be  limited
 5    to, the following determinations:
 6             (1)  The   Department's  timeliness  in  initiating,
 7        carrying out, and completing investigations;
 8             (2)  The adequacy of the Department's  investigatory
 9        procedures, including the identification and gathering of
10        appropriate  evidence  and  the adequacy of the Long-Term
11        Care  Facility   Advisory   Board's   review   of   those
12        procedures;
13             (3)  The Department's procedures for determining the
14        need  for,  and  nature  of,  any  disciplinary  actions,
15        including penalties or fines; and
16             (4)  The  Department's process for ensuring that its
17        recommended disciplinary actions are implemented and that
18        any specified corrective steps are instituted; and be  it
19        further
20        RESOLVED,  That  the  Auditor General commence this audit
21    as  soon  as   possible   and   report   his   findings   and
22    recommendations  upon  completion  to  the  Legislative Audit
23    Commission, the Governor, and members of the General Assembly
24    in accordance with  the  provisions  of  the  Illinois  State
25    Auditing Act; and be it further
26        RESOLVED,  That  suitable  copies  of  this resolution be
27    delivered to the Auditor General and the Director  of  Public
28    Health.

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