State of Illinois
92nd General Assembly
Legislation

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[ House Amendment 001 ]


92_HB0313

 
                                               LRB9204424LBgc

 1        AN ACT concerning health care facilities.

 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
 5    changing Section 3-212 as follows:

 6        (210 ILCS 45/3-212) (from Ch. 111 1/2, par. 4153-212)
 7        Sec. 3-212. Inspection.
 8        (a)  The  Department,  whenever  it  deems  necessary  in
 9    accordance with subsection (b),  shall  inspect,  survey  and
10    evaluate   every   facility   to  determine  compliance  with
11    applicable  licensure   requirements   and   standards.    An
12    inspection  should  occur  within  120  days prior to license
13    renewal.  The Department may periodically  visit  a  facility
14    for  the  purpose of consultation.  An inspection, survey, or
15    evaluation, other than an inspection  of  financial  records,
16    shall  be  conducted without prior notice to the facility.  A
17    visit for the sole purpose of consultation may be  announced.
18    The  Department shall provide training to surveyors about the
19    appropriate assessment, care planning, and  care  of  persons
20    with  mental  illness  (other  than  Alzheimer's  disease  or
21    related  disorders)  to  enable  its  surveyors  to determine
22    whether a  facility  is  complying  with  State  and  federal
23    requirements about the assessment, care planning, and care of
24    those persons.
25        (a-1)  An employee of a State or unit of local government
26    agency  charged  with  inspecting,  surveying, and evaluating
27    facilities who directly or indirectly gives prior  notice  of
28    an   inspection,   survey,   or  evaluation,  other  than  an
29    inspection of financial records,  to  a  facility  or  to  an
30    employee of a facility is guilty of a Class A misdemeanor.
31        An  inspector  or  an  employee  of  the  Department  who
 
                            -2-                LRB9204424LBgc
 1    prenotifies  a  facility,  orally or in writing, of a pending
 2    complaint investigation or inspection shall be  guilty  of  a
 3    Class  A  misdemeanor and shall be fined no more than $2,500.
 4    Superiors of persons who have prenotified a facility shall be
 5    subject to the same penalties, if they have knowingly allowed
 6    the prenotification.  A person found guilty of prenotifying a
 7    facility shall be subject to disciplinary action  by  his  or
 8    her employer.
 9        If  the  Department  has  a good faith belief, based upon
10    information that comes to its attention, that a violation  of
11    this  subsection  has occurred, it must file a complaint with
12    the Attorney General or the State's Attorney  in  the  county
13    where the violation took place within 30 days after discovery
14    of the information.
15        (a-2)  An employee of a State or unit of local government
16    agency  charged  with  inspecting,  surveying,  or evaluating
17    facilities  who  willfully   profits   from   violating   the
18    confidentiality  of  the  inspection,  survey,  or evaluation
19    process shall be guilty of a Class 4 felony and that  conduct
20    shall  be  deemed  unprofessional  conduct that may subject a
21    person to loss of his or her professional license. An  action
22    to prosecute a person for violating this subsection (a-2) may
23    be  brought  by  either  the  Attorney General or the State's
24    Attorney in the county where the violation took place.
25        (b)  In  determining  whether  to  make  more  than   the
26    required  number  of  unannounced  inspections,  surveys  and
27    evaluations  of  a facility the Department shall consider one
28    or more of the following: previous  inspection  reports;  the
29    facility's  history  of  compliance with standards, rules and
30    regulations promulgated under  this  Act  and  correction  of
31    violations,  penalties  or  other  enforcement  actions;  the
32    number   and   severity  of  complaints  received  about  the
33    facility; any  allegations  of  resident  abuse  or  neglect;
34    weather  conditions;  health  emergencies;  other  reasonable
 
                            -3-                LRB9204424LBgc
 1    belief that deficiencies exist.
 2        (b-1)  The  Department shall not be required to determine
 3    whether a facility certified to participate in  the  Medicare
 4    program  under Title XVIII of the Social Security Act, or the
 5    Medicaid program under Title XIX of the Social Security  Act,
 6    and  which the Department determines by inspection under this
 7    Section  or  under  Section  3-702  of  this  Act  to  be  in
 8    compliance with the certification requirements of Title XVIII
 9    or XIX, is in compliance with any  requirement  of  this  Act
10    that   is   less  stringent  than  or  duplicates  a  federal
11    certification requirement.  In accordance with subsection (a)
12    of this Section or  subsection  (d)  of  Section  3-702,  the
13    Department shall determine whether a certified facility is in
14    compliance  with requirements of this Act that exceed federal
15    certification requirements.  If a certified facility is found
16    to  be  out  of   compliance   with   federal   certification
17    requirements, the results of an inspection conducted pursuant
18    to  Title XVIII or XIX of the Social Security Act may be used
19    as  the  basis  for  enforcement  remedies   authorized   and
20    commenced  under this Act.  Enforcement of this Act against a
21    certified  facility  shall  be  commenced  pursuant  to   the
22    requirements  of this Act, unless enforcement remedies sought
23    pursuant to Title XVIII or XIX of  the  Social  Security  Act
24    exceed  those  authorized  by  this  Act.   As  used  in this
25    subsection,  "enforcement  remedy"  means  a   sanction   for
26    violating a federal certification requirement or this Act.
27        (c)  Upon  completion  of  each  inspection,  survey  and
28    evaluation,   the   appropriate   Department   personnel  who
29    conducted the inspection, survey or evaluation shall submit a
30    copy of  their  report  to  the  licensee  upon  exiting  the
31    facility,   and   shall  submit  the  actual  report  to  the
32    appropriate regional office of the Department.   Such  report
33    and  any  recommendations  for action by the Department under
34    this Act shall be transmitted to the appropriate  offices  of
 
                            -4-                LRB9204424LBgc
 1    the  associate  director  of  the  Department,  together with
 2    related comments or documentation provided  by  the  licensee
 3    which  may  refute  findings  in  the  report,  which explain
 4    extenuating  circumstances  that  the  facility   could   not
 5    reasonably  have  prevented,  or  which  indicate methods and
 6    timetables for correction of deficiencies  described  in  the
 7    report.  Without  affecting the application of subsection (a)
 8    of Section  3-303,  any  documentation  or  comments  of  the
 9    licensee  shall  be provided within 10 days of receipt of the
10    copy of the report.   Such  report  shall  recommend  to  the
11    Director  appropriate  action  under this Act with respect to
12    findings  against  a  facility.   The  Director  shall   then
13    determine   whether   the   report's  findings  constitute  a
14    violation or violations of which the facility must  be  given
15    notice.   Such determination shall be based upon the severity
16    of the finding, the  danger  posed  to  resident  health  and
17    safety,  the  comments  and  documentation  provided  by  the
18    facility,  the diligence and efforts to correct deficiencies,
19    correction of the reported deficiencies,  the  frequency  and
20    duration  of  similar  findings  in  previous reports and the
21    facility's general inspection history.  Violations  shall  be
22    determined  under this subsection no later than 60 days after
23    completion of each inspection, survey and evaluation.
24        (d)  The Department shall maintain all inspection, survey
25    and evaluation reports for at  least  5  years  in  a  manner
26    accessible to and understandable by the public.
27    (Source: P.A. 91-799, eff. 6-13-00.)

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