210 ILCS 45/3-702
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 45/ - Nursing Home Care Act.|Article III - Licensing, Enforcement, Violations, Penalties And Remedies

 (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, 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. 102-432, eff. 8-20-21.)