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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
HEALTH FACILITIES AND REGULATION (210 ILCS 45/) Nursing Home Care Act. 210 ILCS 45/3-608
(210 ILCS 45/3-608) (from Ch. 111 1/2, par. 4153-608)
Sec. 3-608.
A licensee or its agents or employees shall not transfer,
discharge, evict, harass, dismiss, or retaliate against a resident, a resident's
representative, or an employee or agent who makes a report under Section
2-107, brings or testifies in an action under Sections 3-601 through 3-607,
or files a complaint under Section 3-702, because of the report, testimony,
or complaint.
(Source: P.A. 81-223.)
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210 ILCS 45/3-609
(210 ILCS 45/3-609) (from Ch. 111 1/2, par. 4153-609)
Sec. 3-609.
Any person, institution or agency, under this Act, participating
in good faith in the making of a report, or in the investigation of such
a report shall not be deemed to have violated any privileged communication
and shall have immunity from any liability, civil, criminal or any other
proceedings, civil or criminal as a consequence of making such report.
The good faith of any persons required to report, or permitted to report,
cases of suspected resident abuse or neglect under this Act, shall be presumed.
(Source: P.A. 81-223.)
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210 ILCS 45/3-610
(210 ILCS 45/3-610) (from Ch. 111 1/2, par. 4153-610)
Sec. 3-610. Duty to report violations.
(a) A facility employee or agent who becomes aware of abuse or
neglect of a resident prohibited by Section 2-107 shall immediately report
the matter to the Department and to the facility administrator. A facility
administrator who becomes aware of abuse or neglect of a resident prohibited
by Section 2-107 shall immediately report the matter by telephone and in
writing to the resident's representative, and to the Department. Any person
may report a violation of Section 2-107 to the Department.
(b) A facility employee or agent who becomes aware of another facility employee or agent's theft or misappropriation of a resident's property must immediately report the matter to the facility administrator. A facility administrator who becomes aware of a facility employee or agent's theft or misappropriation of a resident's property must immediately report the matter by telephone and in writing to the resident's representative, to the Department, and to the local law enforcement agency. Neither a licensee nor its employees or agents may dismiss or otherwise retaliate against a facility employee or agent who reports the theft or misappropriation of a resident's property under this subsection.
(Source: P.A. 94-26, eff. 1-1-06.)
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210 ILCS 45/3-611
(210 ILCS 45/3-611) (from Ch. 111 1/2, par. 4153-611)
Sec. 3-611.
Employee as perpetrator of abuse.
When an investigation
of a report of suspected abuse of a recipient indicates, based upon
credible evidence, that an employee of a long term care facility is the
perpetrator of the abuse, that employee shall immediately be barred from
any further contact with residents of the facility, pending the outcome of
any further investigation, prosecution or disciplinary action against the employee.
(Source: P.A. 86-1013.)
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210 ILCS 45/3-612
(210 ILCS 45/3-612) (from Ch. 111 1/2, par. 4153-612)
Sec. 3-612.
Resident as perpetrator of abuse.
When an investigation
of a report of suspected abuse of a resident indicates, based upon credible
evidence, that another resident of the long term care facility is the
perpetrator of the abuse, that resident's condition shall be immediately
evaluated to determine the most suitable therapy and placement for the
resident, considering the safety of that resident as well as the safety of
other residents and employees of the facility.
(Source: P.A. 86-1013.)
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210 ILCS 45/3-613 (210 ILCS 45/3-613) Sec. 3-613. Facility employee assistance programs. A facility shall ensure that nurses employed by the facility are aware of employee assistance programs or other like programs available for the physical and mental well-being of the employee. The facility shall provide information on these programs, no less than at the time of employment and during any benefit open enrollment period, by an information form about the respective programs that a nurse must sign during onboarding at the facility. The signed information form shall be added to the nurse's personnel file. The facility may provide this information to nurses electronically.
(Source: P.A. 102-1007, eff. 1-1-23; 103-154, eff. 6-30-23.) |
210 ILCS 45/3-614 (210 ILCS 45/3-614) Sec. 3-614. Certified nursing assistant interns. (a) A certified nursing assistant intern shall report to a
facility's charge nurse or nursing supervisor and may only be
assigned duties authorized in Section 2310-434 of the
Department of Public Health Powers and Duties Law of the Civil
Administrative Code of Illinois by a supervising nurse. (b) A facility shall notify its certified and licensed
staff members, in writing, that a certified nursing assistant
intern may only provide the services and perform the
procedures permitted under Section 2310-434 of the Department
of Public Health Powers and Duties Law of the Civil
Administrative Code of Illinois. The notification shall detail
which duties may be delegated to a certified nursing assistant
intern. The facility shall establish a policy describing the authorized duties, supervision, and evaluation of certified nursing assistant interns available upon request of the Department and any surveyor. (c) If a facility learns that a certified nursing
assistant intern is performing work outside the scope of
the Certified Nursing Assistant Intern Program's training, the facility shall: (1) stop the certified nursing assistant intern from | | (2) inspect the work and correct mistakes, if the
| | work performed was done improperly;
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| (3) assign the work to the appropriate personnel; and
(4) ensure that a thorough assessment of any resident
| | involved in the work performed is completed by a registered nurse.
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| (d) A facility that employs a certified nursing assistant intern in violation of this Section shall be subject to civil penalties or fines under Section 3-305.
(e) A minimum of 50% of nursing and personal care time shall be provided by a certified nursing assistant, but no more than 15% of nursing and personal care time may be provided by a certified nursing assistant intern.
(Source: P.A. 102-1037, eff. 6-2-22; 103-154, eff. 6-30-23.)
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210 ILCS 45/Art. III Pt. 7
(210 ILCS 45/Art. III Pt. 7 heading)
PART 7.
COMPLAINT, HEARING AND APPEAL
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210 ILCS 45/3-615 (210 ILCS 45/3-615) Sec. 3-615. Posting of Long Term Care Ombudsman Program information. (a) Except as provided under subsection (b), all licensed facilities shall post on the home page of the facility's website the following: (1) The Long Term Care Ombudsman Program's statewide | | toll-free telephone number.
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| (2) A link to the Long Term Care Ombudsman Program's
| | (b) A facility:
(1) may comply with this Section by posting the
| | required information on the website of the facility's parent company if the facility does not maintain a unique website;
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| (2) is not required to comply with this Section if
| | the facility and any parent company do not maintain a website; and
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| (3) is not required to comply with this Section in
| | instances where the parent company operates in multiple states and the facility does not maintain a unique website.
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| (Source: P.A. 103-119, eff. 1-1-24 .)
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210 ILCS 45/3-701
(210 ILCS 45/3-701) (from Ch. 111 1/2, par. 4153-701)
Sec. 3-701.
The operation or maintenance of a facility in violation of
this Act, or of the rules and regulations promulgated by the Department,
is declared a public nuisance inimical to the public welfare. The Director
in the name of the people of the State, through the Attorney General, or
the State's Attorney of the county in which the facility is located, or
in respect to any city, village or incorporated town which provides for
the licensing and regulation of any or all such facilities, the Director
or the mayor or president of the Board of Trustees, as the case may require,
of the city, village or incorporated town, in the name of the people of
the State, through the Attorney General or State's attorney of the county
in which the facility is located, may, in addition to other remedies herein
provided, bring action for an injunction to restrain such violation or to
enjoin the future operation or maintenance of any such facility.
(Source: P.A. 81-223.)
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210 ILCS 45/3-702
(210 ILCS 45/3-702) (from Ch. 111 1/2, par. 4153-702)
Sec. 3-702.
(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, except that, during a statewide public health emergency, as defined in the Illinois Emergency Management Agency Act, all other complaints shall be investigated within appropriate time frames to the extent feasible. 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 after any Department employee enters a facility to begin an on-site inspection
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 of all survey activity from the preceding fiscal year and make a report concerning the complaint and survey process. The report shall include, but not be limited to: (1) the total number of complaints received; (2) the breakdown of 24-hour, 7-day, and 30-day | | (3) the breakdown of anonymous and non-anonymous
| | (4) the number of complaints that were substantiated
| | (5) the total number of substantiated complaints that
| | were completed in the time frame determined under subsection (d);
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| (6) the total number of informal dispute resolutions
| | (7) the total number of informal dispute resolution
| | (8) the total number of informal dispute resolutions
| | that were overturned or reduced in severity;
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| (9) the total number of nurse surveyors hired during
| | (10) the total number of nurse surveyors who left
| | (11) the average length of tenure for nurse surveyors
| | employed by the Department at the time the report is created;
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| (12) the total number of times the Department imposed
| | discretionary denial of payment within 15 days of notice and within 2 days of notice as well as the number of times the discretionary denial of payment took effect; and
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| (13) 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.
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| This report shall be provided to the Long-Term Care Facility Advisory Board, the Illinois Long-Term Care Council, and the General Assembly. 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. 102-432, eff. 8-20-21; 102-947, eff. 1-1-23; 103-1, eff. 4-27-23; 103-154, eff. 6-30-23.)
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210 ILCS 45/3-703
(210 ILCS 45/3-703) (from Ch. 111 1/2, par. 4153-703)
Sec. 3-703.
Any person requesting a hearing pursuant to Sections 2-110,
3-115, 3-118, 3-119, 3-301, 3-303, 3-309, 3-410, 3-422 or 3-702 to contest
a decision rendered in a particular case may have such decision reviewed in
accordance with Sections 3-703 through 3-712.
(Source: P.A. 83-1530.)
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210 ILCS 45/3-704
(210 ILCS 45/3-704) (from Ch. 111 1/2, par. 4153-704)
Sec. 3-704.
A request for a hearing by aggrieved persons shall be
taken to the Department as follows:
(a) Upon the receipt of a request in writing for a hearing, the
Director or a person designated in writing by the Director to act as a
hearing officer shall conduct a hearing to review the decision.
(b) Before the hearing is held notice of the hearing shall be sent
by the Department to the person making the request for the hearing and
to the person making the decision which is being reviewed. In the
notice the Department shall specify the date, time and place of the
hearing which shall be held not less than 10 days after the notice is
mailed or delivered. The notice shall designate the decision being
reviewed. The notice may be served by delivering it personally to the
parties or their representatives or by mailing it by certified
mail to the parties' addresses.
(c) The Department shall commence the hearing within 30 days of the
receipt of request for hearing. The hearing shall proceed as
expeditiously as practicable, but in all cases shall conclude within 90
days of commencement.
(Source: P.A. 85-1183.)
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210 ILCS 45/3-705
(210 ILCS 45/3-705) (from Ch. 111 1/2, par. 4153-705)
Sec. 3-705.
The Director or hearing officer may compel by subpoena or subpoena
duces tecum the attendance and testimony of witnesses and the production
of books and papers, and administer oaths to witnesses.
(Source: P.A. 81-223.)
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210 ILCS 45/3-706
(210 ILCS 45/3-706) (from Ch. 111 1/2, par. 4153-706)
Sec. 3-706.
The Director or hearing officer shall permit any party
to appear in person and to be represented by
counsel at the hearing, at which time the applicant or licensee shall be
afforded an opportunity to present all relevant matter in support of his
position. In the event of the inability of any party or the Department to
procure the attendance of witnesses to
give testimony or produce books and papers, any party or the Department
may take the deposition of witnesses in
accordance with the provisions of the laws of this State. All testimony
taken at a hearing shall be reduced to writing, and all such testimony
and other evidence introduced at the hearing shall be a part of the
record of the hearing.
(Source: P.A. 81-1349.)
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210 ILCS 45/3-707
(210 ILCS 45/3-707) (from Ch. 111 1/2, par. 4153-707)
Sec. 3-707.
The Director or hearing officer shall make findings of fact
in such hearing, and the Director shall render his decision within 30 days
after the termination of the hearing, unless additional time not to exceed
90 days is required by him for a proper disposition of the matter. When
the hearing has been conducted by a hearing officer, the Director shall
review the record and findings of fact before rendering a decision. All
decisions rendered by the Director shall be binding upon and complied with
by the Department, the facility or the persons involved in the hearing,
as appropriate to each case.
(Source: P.A. 81-223.)
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