Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 100 - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart B - GENERAL HEARINGS › Section 100.6 - Hearings Requested by Complainants Pursuant to Section 3-702 of the Nursing Home Care Act, Section 3-704 of the MC/DD Act, or Section 3-704 of the ID/DD Community Care Act

Current through Register Vol. 48, No. 28, July 12, 2024
Pursuant to Section 3-702(g) of the NHCA, Section 3-704 of
				  the MC/DD Act, and Section 3-704 of the ID/DD Act,
a complainant who is
				  dissatisfied with the determination or investigation
of his or her
				  complaint
by the Department may request a hearing.
(Section
				  3-702(g) of the NHCA, Section 3-704 of the MC/DD Act, and Section 3-704 of the
				  ID/DD Act). Any complainant requesting a hearing shall be deemed to have
				  consented in writing to disclosure of their name and may further agree to
				  accept service of all documents in this matter by email, provided that the
				  complainant has an email address and consents to receiving service by
				  email.
a) The parties to
				administrative hearing pursuant to this Section are the Department and the
				Complainant.
The facility shall be given notice of any such hearing and
				may participate in the hearing as a
third
party
(Section 3-702(g) of the NHCA, Section 3-704 of the MC/DD Act, and Section
				3-704 of the ID/DD Act). A request to participate as a third party must be
				filed in accordance with Section
				100.3(b)(5)
				 of this Part.
b) For the purposes of this Section, a
				Complainant is an individual who has filed a complaint pursuant to the NHCA,
				the MC/DD Act, Section 3-704 of the MC/DD Act, and Section 3-704 of the ID/DD
				Act. If the individual filing the complaint indicates that she or he is acting
				as the agent of an organization or another individual, and so requests, the
				organization or other individual will be the Complainant for the purposes of
				this Section. In that case, the individual who acted as agent for the
				organization or other individual will be a "referring agent". Unless objected
				to by the Complainant, the referring agent shall be entitled to receive Notice
				of Complaint Determination and any request for hearing made pursuant to this
				Part.
c) In accordance with
				Sections 3-703 through 3-712 of the NHCA, Section 3-704 of the MC/DD Act, and
				Section 3-704 of the ID/DD Act, the Director shall designate an administrative
				law judge to conduct hearings requested by dissatisfied Complainants. All
				hearings shall be conducted pursuant to the provisions of this Part.
d) The Department shall not release or
				produce copies of any record containing the personal health information of any
				individual to a Complainant, as defined in this Section, unless the Complainant
				possesses legal authority under a written power of attorney, guardianship,
				certified copy of a court order, or other written HIPAA compliant
				authorization.
e) Dissatisfied
				Complainants pursuant to this Section shall have the opportunity to contest the
				adequacy of the Department's investigation and its determination as to whether
				the complaint was valid, invalid, or undetermined and also the Department's
				determination as to whether to issue any violation as a result of the
				determination. Whenever "determination" is used in this Section, it shall
				include any investigation resulting in the determination.
f) Dissatisfied Complainants pursuant to this
				Section do not have the opportunity to contest any other determinations or
				decisions of the Department regarding the adequacy and completeness of the
				investigation.
g) Nothing contained
				in this Section shall be deemed to entitle a dissatisfied Complainant to
				additional hearings or to a rehearing of a case that has already been the
				subject of a formal administrative hearing or a Final Order.
h) Complainants pursuant to this Section
				shall carry the burden to prove, by a preponderance of the evidence, that the
				aforesaid determinations of the Department were improper.
i) At the conclusion of the hearing, the
				administrative law judge shall prepare a report in accordance with Section
				100.15,
				and make a recommendation to the Director specifying whether the complaint
				should be reinvestigated and/or any invalid or undetermined finding should be
				changed to a valid finding or the Department should reconsider the failure to
				cite a facility with any violation.