HB5130 97TH GENERAL ASSEMBLY

LRB097 17324 DRJ 62525 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5130

Introduced 2/8/2012, by Rep. Michael Unes - David R. Leitch - Jehan A. Gordon

SYNOPSIS AS INTRODUCED:

210 ILCS 45/3-702

from Ch. 111 1/2, par. 4153-702

Amends the Nursing Home Care Act. Provides that when the Department of Public Health receives a complaint of a violation of the Act or the Department's rules, the Department shall require (instead of request) information identifying the complainant, and requires that the identifying information include the complainant's relationship to the facility. Provides that if the Department has a good faith belief, based on information that comes to its attention, that a complaint is frivolous, intended to harass, or intended to defraud the Department, the Department shall (i) impose on the complainant a civil monetary penalty in the amount of $125 and (ii) include the complainant's name on a list of violators published quarterly. Also provides that if the complainant is licensed or certified by the Department or by the Department of Financial and Professional Regulation, then, subject to the requirements of the Department's Health Care Worker Registry, the Department shall forward the complainant's name to the appropriate agency for further action. Effective January 1, 2013.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 Section 3-702 as follows:

(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, or by personal visit. An oral complaint shall be reduced to writing by the Department. The Department shall require request information identifying the complainant, including the name, address, and telephone number, and relationship to the facility that is the subject of the complaint, 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. If the Department has a good faith belief, based on information that comes to its attention, that a complaint is frivolous, intended to harass, or intended to defraud the Department, the Department shall (i) impose on the complainant a civil monetary penalty in the amount of $125 and (ii) include the complainant's name on a list of violators published quarterly. In addition, if the complainant is licensed or certified by the Department or by the Department of Financial and Professional Regulation, then, subject to the requirements of the Department's Health Care Worker Registry, the Department shall forward the complainant's name to the appropriate agency for further action.

(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.

(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 1961".

(Source: P.A. 85-1378.)

Section 99. Effective date. This Act takes effect January 1, 2013.