Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 340 - ILLINOIS VETERANS' HOMES CODE › Subpart A - GENERAL PROVISIONS › Section 340.1170 - Presentation of Findings by the Department

Current through Register Vol. 48, No. 28, July 12, 2024
a) If it is probable that findings will be
				presented that could be issued as violations of regulations which represent a
				direct threat to the health, safety or welfare of residents, surveyors shall
				notify the administrator or designee during the course of the survey of such
				possible findings.
b) The
				Department shall conduct an exit conference with the administrator or other
				facility designee at the conclusion of each on-site inspection at the facility,
				whether or not the investigation has been completed. If the investigation has
				been completed, findings shall be presented during the exit conference. If the
				investigation has not been completed at the time of the facility exit, the
				Department shall inform the facility administrator or designee that the
				investigation is not complete and that findings may be presented to the
				facility at a later date. Presentation of any additional findings may be
				conducted at the facility, at the Department's regional office, or by
				telephone.
c) With the assistance
				of the administrator, surveyors shall schedule a time and place for the exit
				conference to be held at the conclusion of the survey.
d) At the exit conference, surveyors shall
				present their findings and resident identity key and identify regulations
				related to the findings. The facility administrator or designee shall have an
				opportunity at the exit conference to discuss and provide additional
				documentation related to the findings. The Department's surveyors conducting
				the exit conference may, in their discretion, modify or eliminate any or all
				preliminary findings in accordance with any facts presented by the facility to
				the Department during the exit conference.
e) Additional comments or documentation may
				be submitted by the facility to the Department during a 10-day comment period
				as allowed by the Act.
f) If the
				Department determines, after review of the comments submitted pursuant to
				subsection (e) of this Section, that the facility may have committed violations
				of the Act or this Part different than or in additional to those presented at
				the exit conference and the violations may be cited as either a Type A or
				repeat Type B violation, the Department shall so inform the facility in
				writing. The facility shall then have an opportunity to submit additional
				comments addressing the different or additional sections of the Act or this
				Part. The surveyor will be advised of any code changes made after their
				recommendations are submitted.
g)
				The facility shall have 5 working days from receipt of the notice required by
				subsection (f) of this Section to submit its additional comments to the
				Department. The Department shall consider such additional comments in
				determining the existence and level of violation of the Act and/or this Part in
				the same manner as the Department considers the facility's original
				comments.
h) If desired by the
				facility, an audio-taped recording may be made of the exit conference provided
				that a copy of such recording be provided, at facility expense, to the
				surveyors at the conclusion of the exit conference. No video-taped recording
				shall be allowed.
i) Surveyors
				shall not conduct an exit conference for the following reasons:
1) The facility administrator or designee
				requests that an exit conference not be held;
2) During the scheduled exit conference,
				facility staff and/or their guests create an environment that is not conducive
				to a meaningful exchange of information.