Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart O - RESIDENT'S RIGHTS › Section 350.3310 - 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 or others to the administrator, the DD Facility Advisory
				Board, 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 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 this Part
may have been violated may request
				an investigation. The request may be submitted to the Department in writing, by
				telephone, 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 or resident 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 this Part
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
the Act or this Part
has
				been or is being violated.
(Section 3-702(d) of the Act)
g)
Upon the request of a resident or
				complainant, the Department may permit the resident or 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)
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
10
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 inspection report; the warning notice, if
				any; and 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 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)
which 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 the decision reviewed pursuant to 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.