Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 390 - MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 390.271 - Presentation of Findings

Current through Register Vol. 48, No. 28, July 12, 2024
a) If it
				is probable findings will be presented that could be issued as violations of
				regulations that represent a direct threat to the health, safety, or welfare of
				residents, Department surveyors shall notify the administrator or designee
				during the course of the survey of possible findings.
b) The Department will 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 will be
				presented during the exit conference. If the investigation has not been
				completed at the time of the facility exit, the Department will inform the
				facility administrator or designee that the investigation is not complete and
				that findings will 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 will schedule a time and place for the exit conference to be held at
				the conclusion of the survey.
d) At
				the exit conference, surveyors will 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, at their discretion,
				modify or eliminate 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 (d), that the facility may
				have committed violations of the Act or this Part different than or in addition
				to those presented at the exit conference and the violations may be cited as
				either Type AA, Type A, or repeat Type B violations, the Department shall
				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 surveyors will be advised of any code changes made
				after their recommendations are submitted.
g) The facility shall have five working days
				from receipt of the notice required by this subsection to submit its additional
				comments to the Department. The Department will consider the additional
				comments in determining the existence and level of violation of the Act and
				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 the recording is provided, at facility expense, to the
				surveyors at the conclusion of the exit conference. Video-taped recordings
				shall not 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 a scheduled exit conference,
				facility staff or their guests create an environment that is not conducive to a
				meaningful exchange of information.