(210 ILCS 45/3-702)
(from Ch. 111 1/2, par. 4153-702)
(a) A person who believes that this Act or a rule promulgated
under this Act 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. The Department shall make available, through its website and upon request, information regarding the oral and phone intake processes and the list of questions that will be asked of the complainant. The Department shall request information identifying the
complainant, including the name, address and telephone number, to help
enable appropriate follow-up. The Department shall act on such complaints
via on-site visits or other methods deemed appropriate to handle the
complaints with or without such identifying information, as otherwise
provided under this Section. The complainant shall be informed that
compliance with such request is not required to satisfy the procedures for
filing a complaint under this Act. The Department must notify complainants that complaints with less information provided are far more difficult to respond to and investigate.
(b) The substance of the complaint shall be provided in writing to the
licensee, owner, or administrator no earlier than at the commencement of an
on-site inspection of the facility which takes place pursuant to the complaint.
(c) The Department shall 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 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.
(d) Upon receipt of a complaint, the Department shall determine whether this
Act or a rule promulgated under this Act has been or is being violated. The
Department shall investigate all complaints alleging abuse or neglect within
7 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. The Department employees investigating a
complaint shall 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 such threat.
Such information and findings discussed in the brief exit conference shall
become a part of the investigating record but shall not in any way
constitute an official or final notice of violation as provided under
Section 3-301. 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 any rule or provision of this Act has been or is being violated.
(d-1) The Department shall, whenever possible, combine an on-site
investigation of a complaint in a facility with other inspections in order
to avoid duplication of inspections.
(e) 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 warning notice, if any; the inspection
report; or the State licensure form on which the violation is listed.
(f) A written determination, correction order, or warning notice
concerning a complaint, together with the facility's response, shall be
available for public inspection, but the name of the complainant or
resident shall not be disclosed without his consent.
(g) A complainant who is dissatisfied with the determination or
investigation by the Department may request a hearing under Section
3-703. 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 Section 3-703 which
concerns a matter covered by a complaint, the complainant shall be given
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 (e) of this
Section. Upon receipt of the request the Department shall conduct a hearing
as provided under Section 3-703.
(g-5) The Department shall conduct an annual review and make a report concerning the complaint process that includes the number of complaints received, the breakdown of anonymous and non-anonymous complaints and whether the complaints were substantiated or not, the total number of substantiated complaints, and any other complaint information requested by the Long-Term Care Facility Advisory Board created under Section 2-204 of this Act or the Illinois Long-Term Care Council created under Section 4.04a of the Illinois Act on the Aging. This report shall be provided to the Long-Term Care Facility Advisory Board and the Illinois Long-Term Care Council. The Long-Term Care Facility Advisory Board and the Illinois Long-Term Care Council shall review the report and suggest any changes deemed necessary to the Department for review and action, including how to investigate and substantiate anonymous complaints.
(h) Any person who knowingly transmits a false report to the
Department commits the offense of disorderly conduct under subsection
(a)(8) of Section 26-1 of the Criminal Code of 2012.
(Source: P.A. 98-988, eff. 8-18-14; 99-642, eff. 7-28-16.)