Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 300 - SKILLED NURSING AND INTERMEDIATE CARE FACILITIES CODE › Subpart P - RESIDENT'S RIGHTS › Section 300.3310 - 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
				Long-Term Care Facility Advisory Board, the residents' advisory council, State
				governmental agencies, or other persons of the resident's choice, free from
				restraint, interference, coercion, or discrimination and 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 upon
				admission and at request with the name, address, and telephone number of the
				appropriate State governmental office where complaints may be lodged in
				language the resident can understand
that
must include notice
				of the grievance procedure of the facility or program and addresses and phone
				numbers for the
Department's
Office of Health Care Regulation
				and the Long-Term Care Ombudsman Program.
(Section 2-112 of the
				Act)
c)
A person who
				believes that
the
Act or
this Part
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
will
be provided in
				writing to the licensee, owner or administrator no earlier than at the
				commencement of the on-site inspection of the facility
that
takes place pursuant to the complaint.
(Section 3-702(b) of
				the Act)
e)
The
				Department
will
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
will
be given
				the opportunity to withdraw the complaint before disclosure. Upon the request
				of the complainant, the Department
will
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
will
determine whether the Act
				or
this Part
has been or is being violated. The
				Department
will
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 with 24 hours after receipt of the
				complaint. All other complaints shall be investigated within 30 days after the
				receipt of the complaint, except that, during a statewide public health
				emergency, as defined in the Illinois Emergency Management Agency Act, all
				other complaints
will
be investigated within appropriate time
				frames to the extent feasible.
(Section 3-702(d) of the Act)
g)
The Department employees
				investigating a complaint
will
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
the
threat. Information and findings discussed
				in the brief exit conference
will
become a part of the
				investigating record but
will
not in any way constitute an
				official or final notice of violation as provided under Section 3-301
of the Act and Section
				300.276 of this Part
.
				All complaints
will
be classified as "an invalid report," "a
				valid report," or "an undetermined report." For any complaint classified as "a
				valid report," the Department
will
determine within 30 working
				days after any Department employee enters a facility to begin an on-site
				inspection if
this Part
or provision of the Act has been or is
				being violated.
(Section 3-702(d) of the Act)
h)
In all cases, the
				Department
will
inform the complainant of its findings within
				ten days
after
its determination unless otherwise indicated by
				the complainant, and the complainant may direct the Department to send a copy
				of
the
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
will
also
				notify the facility of
these
findings within ten days
after
the determination, but the name of the complainant or
				residents
will
not be disclosed in this notice to the
				facility. The notice of findings
will
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.
(Section 3-702(e) of the Act)
i)
A written determination,
				correction order, or warning notice concerning a complaint, together with the
				facility's response,
will
be available for public inspection,
				but the name of the complainant or resident
will
not be
				disclosed without
their
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) of this Section
.
				The facility
will
be given notice of
the
hearing and may participate in the hearing as a party. If a facility
				requests a hearing under
subsection (k) of this Section that
concerns a matter covered by a complaint, the complainant
will
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) of this Section.
Upon receipt of the request the Department
will
conduct a hearing as provided under
subsection (k) of this
				Section. (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 the 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 will issue an order requiring
				the facility to reimburse the resident for injuries incurred, or $100,
				whichever is greater.