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Public Act 102-0432


 

Public Act 0432 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0432
 
HB2433 EnrolledLRB102 12728 CPF 18067 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Nursing Home Care Act is amended by
changing Sections 2-204 and 3-702 as follows:
 
    (210 ILCS 45/2-204)  (from Ch. 111 1/2, par. 4152-204)
    Sec. 2-204. The Director shall appoint a Long-Term Care
Facility Advisory Board to consult with the Department and the
residents' advisory councils created under Section 2-203.
    (a) The Board shall be comprised of the following persons:
        (1) The Director who shall serve as chairman, ex
    officio and nonvoting; and
        (2) One representative each of the Department of
    Healthcare and Family Services, the Department of Human
    Services, the Department on Aging, and the Office of the
    State Fire Marshal, all nonvoting members;
        (2.5) One member who represents local health
    departments who is a nonvoting member;
        (3) One member who shall be a physician licensed to
    practice medicine in all its branches;
        (4) One member who shall be a registered nurse
    selected from the recommendations of professional nursing
    associations;
        (5) Four members who shall be selected from the
    recommendations by organizations whose membership consists
    of facilities;
        (6) Two members who shall represent the general public
    who are not members of a residents' advisory council
    established under Section 2-203 and who have no
    responsibility for management or formation of policy or
    financial interest in a facility;
        (7) One member who is a member of a residents'
    advisory council established under Section 2-203 and is
    capable of actively participating on the Board; and
        (8) One member who shall be selected from the
    recommendations of consumer organizations which engage
    solely in advocacy or legal representation on behalf of
    residents and their immediate families.
    (b) The terms of those members of the Board appointed
prior to the effective date of this amendatory Act of 1988
shall expire on December 31, 1988. Members of the Board
created by this amendatory Act of 1988 shall be appointed to
serve for terms as follows: 3 for 2 years, 3 for 3 years and 3
for 4 years. The member of the Board added by this amendatory
Act of 1989 shall be appointed to serve for a term of 4 years.
Each successor member shall be appointed for a term of 4 years.
Any member appointed to fill a vacancy occurring prior to the
expiration of the term for which his predecessor was appointed
shall be appointed for the remainder of such term. The Board
shall meet as frequently as the chairman deems necessary, but
not less than 4 times each year. Upon request by 4 or more
members the chairman shall call a meeting of the Board. The
affirmative vote of 6 members of the Board shall be necessary
for Board action. A member of the Board can designate a
replacement to serve at the Board meeting and vote in place of
the member by submitting a letter of designation to the
chairman prior to or at the Board meeting. The Board members
shall be reimbursed for their actual expenses incurred in the
performance of their duties.
    (c) The Advisory Board shall advise the Department of
Public Health on all aspects of its responsibilities under
this Act and the Specialized Mental Health Rehabilitation Act
of 2013, including the format and content of any rules
promulgated by the Department of Public Health. Any such
rules, except emergency rules promulgated pursuant to Section
5-45 of the Illinois Administrative Procedure Act, promulgated
without obtaining the advice of the Advisory Board are null
and void. In the event that the Department fails to follow the
advice of the Board, the Department shall, prior to the
promulgation of such rules, transmit a written explanation of
the reason thereof to the Board. During its review of rules,
the Board shall analyze the economic and regulatory impact of
those rules. If the Advisory Board, having been asked for its
advice, fails to advise the Department within 90 days, the
rules shall be considered acted upon.
(Source: P.A. 97-38, eff. 6-28-11; 98-104, eff. 7-22-13;
98-463, eff. 8-16-13.)
 
    (210 ILCS 45/3-702)  (from Ch. 111 1/2, par. 4153-702)
    Sec. 3-702. (a) A person who believes that this Act or a
rule promulgated under this Act may have been violated may
request an investigation. The request may be submitted to the
Department in writing, by telephone, by electronic means, or
by personal visit. An oral complaint shall be reduced to
writing by the Department. The Department shall make
available, through its website and upon request, information
regarding the oral and phone intake processes and the list of
questions that will be asked of the complainant. The
Department shall request information identifying the
complainant, including the name, address and telephone number,
to help enable appropriate follow-up. The Department shall act
on such complaints via on-site visits or other methods deemed
appropriate to handle the complaints with or without such
identifying information, as otherwise provided under this
Section. The complainant shall be informed that compliance
with such request is not required to satisfy the procedures
for filing a complaint under this Act. The Department must
notify complainants that complaints with less information
provided are far more difficult to respond to and investigate.
    (b) The substance of the complaint shall be provided in
writing to the licensee, owner, or administrator no earlier
than at the commencement of an on-site inspection of the
facility which takes place pursuant to the complaint.
    (c) The Department shall not disclose the name of the
complainant unless the complainant consents in writing to the
disclosure or the investigation results in a judicial
proceeding, or unless disclosure is essential to the
investigation. The complainant shall be given the opportunity
to withdraw the complaint before disclosure. Upon the request
of the complainant, the Department may permit the complainant
or a representative of the complainant to accompany the person
making the on-site inspection of the facility.
    (d) Upon receipt of a complaint, the Department shall
determine whether this Act or a rule promulgated under this
Act has been or is being violated. The Department shall
investigate all complaints alleging abuse or neglect within 7
days after the receipt of the complaint except that complaints
of abuse or neglect which indicate that a resident's life or
safety is in imminent danger shall be investigated within 24
hours after receipt of the complaint. All other complaints
shall be investigated within 30 days after the receipt of the
complaint. The Department employees investigating a complaint
shall conduct a brief, informal exit conference with the
facility to alert its administration of any suspected serious
deficiency that poses a direct threat to the health, safety or
welfare of a resident to enable an immediate correction for
the alleviation or elimination of such threat. Such
information and findings discussed in the brief exit
conference shall become a part of the investigating record but
shall not in any way constitute an official or final notice of
violation as provided under Section 3-301. All complaints
shall be classified as "an invalid report", "a valid report",
or "an undetermined report". For any complaint classified as
"a valid report", the Department must determine within 30
working days if any rule or provision of this Act has been or
is being violated.
    (d-1) The Department shall, whenever possible, combine an
on-site investigation of a complaint in a facility with other
inspections in order to avoid duplication of inspections.
    (e) In all cases, the Department shall inform the
complainant of its findings within 10 days of its
determination unless otherwise indicated by the complainant,
and the complainant may direct the Department to send a copy of
such findings to another person. The Department's findings may
include comments or documentation provided by either the
complainant or the licensee pertaining to the complaint. The
Department shall also notify the facility of such findings
within 10 days of the determination, but the name of the
complainant or residents shall not be disclosed in this notice
to the facility. The notice of such findings shall include a
copy of the written determination; the correction order, if
any; the warning notice, if any; the inspection report; or the
State licensure form on which the violation is listed.
    (f) A written determination, correction order, or warning
notice concerning a complaint, together with the facility's
response, shall be available for public inspection, but the
name of the complainant or resident shall not be disclosed
without his consent.
    (g) A complainant who is dissatisfied with the
determination or investigation by the Department may request a
hearing under Section 3-703. The facility shall be given
notice of any such hearing and may participate in the hearing
as a party. If a facility requests a hearing under Section
3-703 which concerns a matter covered by a complaint, the
complainant shall be given notice and may participate in the
hearing as a party. A request for a hearing by either a
complainant or a facility shall be submitted in writing to the
Department within 30 days after the mailing of the
Department's findings as described in subsection (e) of this
Section. Upon receipt of the request the Department shall
conduct a hearing as provided under Section 3-703.
    (g-5) The Department shall conduct an annual review and
make a report concerning the complaint process that includes
the number of complaints received, the breakdown of anonymous
and non-anonymous complaints and whether the complaints were
substantiated or not, the total number of substantiated
complaints that were completed in the time frame determined
under subsection (d), and any other complaint information
requested by the Long-Term Care Facility Advisory Board
created under Section 2-204 of this Act or the Illinois
Long-Term Care Council created under Section 4.04a of the
Illinois Act on the Aging. This report shall be provided to the
Long-Term Care Facility Advisory Board, and the Illinois
Long-Term Care Council, and the General Assembly. The
Long-Term Care Facility Advisory Board and the Illinois
Long-Term Care Council shall review the report and suggest any
changes deemed necessary to the Department for review and
action, including how to investigate and substantiate
anonymous complaints.
    (h) Any person who knowingly transmits a false report to
the Department commits the offense of disorderly conduct under
subsection (a)(8) of Section 26-1 of the Criminal Code of
2012.
(Source: P.A. 98-988, eff. 8-18-14; 99-642, eff. 7-28-16.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/20/2021