Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 390 - MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart O - RESIDENT'S RIGHTS › Section 390.3310 - Complaint Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a)
A resident shall be permitted to present grievances on behalf of
				himself or herself and others to the administrator, the DD Facility Advisory
				Board established under Section 2-204 of the ID/DD Community Care Act, the
				residents' advisory council, State governmental agencies or other persons
				without threat of discharge or reprisal in any form or manner
				whatsoever.
(Section 2-112 of the Act)
b)
The
facility
administrator shall provide all residents or their representatives with
				the name, address, and telephone number of the appropriate State governmental
				office where complaints may be lodged.
(Section 2-112 of the
				Act)
c)
A person who
				believes that the Act or a rule promulgated under the 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.
(Section 3-702(a) of the Act)
d)
The substance of the complaint shall be provided in writing to the
				licensee, owner or administrator no earlier than at the commencement of the
				on-site inspection of the facility which takes place pursuant to the
				complaint.
(Section 3-702(b) of the Act)
e)
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.
(Section 3-702(c) of the Act)
f)
Upon receipt of a complaint, the
				Department shall determine whether the Act or a rule promulgated under the Act
				has been or is being violated. The Department shall investigate all complaints
				alleging abuse or neglect within seven 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. 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 the Act has been
				or is being violated.
(Section 3-702(d) of the Act)
g)
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
pursuant to the complaint
.
(Section 3-702(c)
				of the Act)
h)
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 ten 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; inspection report; or the State licensure form on which
				the violation is listed.
(Section 3-702(e) of the Act)
i)
A written determination,
				correction order, or warning notice concerning a complaint, together with the
				facility's reasons, shall be available for public inspection, but the name of
				the complainant or resident shall not be disclosed without his or her
				consent.
(Section 3-702(f) of the Act)
j)
A complainant who is dissatisfied
				with the determination or investigation by the Department may request a hearing
				under
subsection (k)
. 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
subsection (k) that
concerns a matter
				covered by a complaint, the complainant shall be given written 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 (h).
Upon receipt of the request the Department
				shall conduct a hearing as provided under
subsection (k). (Section
				3-702(g) of the Act)
k) Any person
				aggrieved by a decision of the Department rendered in a particular case that
				affects the legal rights, duties or privileges created under the Act may have
				such decision reviewed in accordance with Sections 3-703 through 3-712 of the
				Act.
l) When the Department finds
				that a provision of Article II of the Act regarding residents' rights has been
				violated with regard to a particular resident, the Department shall issue an
				order requiring the facility to reimburse the resident for injuries incurred,
				or $100, whichever is greater.