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92_HB0313enr HB0313 Enrolled LRB9204424LBgc 1 AN ACT concerning health care facilities. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Nursing Home Care Act is amended by 5 changing Section 3-212 as follows: 6 (210 ILCS 45/3-212) (from Ch. 111 1/2, par. 4153-212) 7 Sec. 3-212. Inspection. 8 (a) The Department, whenever it deems necessary in 9 accordance with subsection (b), shall inspect, survey and 10 evaluate every facility to determine compliance with 11 applicable licensure requirements and standards. An 12 inspection should occur within 120 days prior to license 13 renewal. The Department may periodically visit a facility 14 for the purpose of consultation. An inspection, survey, or 15 evaluation, other than an inspection of financial records, 16 shall be conducted without prior notice to the facility. A 17 visit for the sole purpose of consultation may be announced. 18 The Department shall provide training to surveyors about the 19 appropriate assessment, care planning, and care of persons 20 with mental illness (other than Alzheimer's disease or 21 related disorders) to enable its surveyors to determine 22 whether a facility is complying with State and federal 23 requirements about the assessment, care planning, and care of 24 those persons. 25 (a-1) An employee of a State or unit of local government 26 agency charged with inspecting, surveying, and evaluating 27 facilities who directly or indirectly gives prior notice of 28 an inspection, survey, or evaluation, other than an 29 inspection of financial records, to a facility or to an 30 employee of a facility is guilty of a Class A misdemeanor. 31 An inspector or an employee of the Department who HB0313 Enrolled -2- LRB9204424LBgc 1 intentionally prenotifies a facility, orally or in writing, 2 of a pending complaint investigation or inspection shall be 3 guilty of a Class A misdemeanor. Superiors of persons who 4 have prenotified a facility shall be subject to the same 5 penalties, if they have knowingly allowed the 6 prenotification. A person found guilty of prenotifying a 7 facility shall be subject to disciplinary action by his or 8 her employer. 9 If the Department has a good faith belief, based upon 10 information that comes to its attention, that a violation of 11 this subsection has occurred, it must file a complaint with 12 the Attorney General or the State's Attorney in the county 13 where the violation took place within 30 days after discovery 14 of the information. 15 (a-2) An employee of a State or unit of local government 16 agency charged with inspecting, surveying, or evaluating 17 facilities who willfully profits from violating the 18 confidentiality of the inspection, survey, or evaluation 19 process shall be guilty of a Class 4 felony and that conduct 20 shall be deemed unprofessional conduct that may subject a 21 person to loss of his or her professional license. An action 22 to prosecute a person for violating this subsection (a-2) may 23 be brought by either the Attorney General or the State's 24 Attorney in the county where the violation took place. 25 (b) In determining whether to make more than the 26 required number of unannounced inspections, surveys and 27 evaluations of a facility the Department shall consider one 28 or more of the following: previous inspection reports; the 29 facility's history of compliance with standards, rules and 30 regulations promulgated under this Act and correction of 31 violations, penalties or other enforcement actions; the 32 number and severity of complaints received about the 33 facility; any allegations of resident abuse or neglect; 34 weather conditions; health emergencies; other reasonable HB0313 Enrolled -3- LRB9204424LBgc 1 belief that deficiencies exist. 2 (b-1) The Department shall not be required to determine 3 whether a facility certified to participate in the Medicare 4 program under Title XVIII of the Social Security Act, or the 5 Medicaid program under Title XIX of the Social Security Act, 6 and which the Department determines by inspection under this 7 Section or under Section 3-702 of this Act to be in 8 compliance with the certification requirements of Title XVIII 9 or XIX, is in compliance with any requirement of this Act 10 that is less stringent than or duplicates a federal 11 certification requirement. In accordance with subsection (a) 12 of this Section or subsection (d) of Section 3-702, the 13 Department shall determine whether a certified facility is in 14 compliance with requirements of this Act that exceed federal 15 certification requirements. If a certified facility is found 16 to be out of compliance with federal certification 17 requirements, the results of an inspection conducted pursuant 18 to Title XVIII or XIX of the Social Security Act may be used 19 as the basis for enforcement remedies authorized and 20 commenced under this Act. Enforcement of this Act against a 21 certified facility shall be commenced pursuant to the 22 requirements of this Act, unless enforcement remedies sought 23 pursuant to Title XVIII or XIX of the Social Security Act 24 exceed those authorized by this Act. As used in this 25 subsection, "enforcement remedy" means a sanction for 26 violating a federal certification requirement or this Act. 27 (c) Upon completion of each inspection, survey and 28 evaluation, the appropriate Department personnel who 29 conducted the inspection, survey or evaluation shall submit a 30 copy of their report to the licensee upon exiting the 31 facility, and shall submit the actual report to the 32 appropriate regional office of the Department. Such report 33 and any recommendations for action by the Department under 34 this Act shall be transmitted to the appropriate offices of HB0313 Enrolled -4- LRB9204424LBgc 1 the associate director of the Department, together with 2 related comments or documentation provided by the licensee 3 which may refute findings in the report, which explain 4 extenuating circumstances that the facility could not 5 reasonably have prevented, or which indicate methods and 6 timetables for correction of deficiencies described in the 7 report. Without affecting the application of subsection (a) 8 of Section 3-303, any documentation or comments of the 9 licensee shall be provided within 10 days of receipt of the 10 copy of the report. Such report shall recommend to the 11 Director appropriate action under this Act with respect to 12 findings against a facility. The Director shall then 13 determine whether the report's findings constitute a 14 violation or violations of which the facility must be given 15 notice. Such determination shall be based upon the severity 16 of the finding, the danger posed to resident health and 17 safety, the comments and documentation provided by the 18 facility, the diligence and efforts to correct deficiencies, 19 correction of the reported deficiencies, the frequency and 20 duration of similar findings in previous reports and the 21 facility's general inspection history. Violations shall be 22 determined under this subsection no later than 60 days after 23 completion of each inspection, survey and evaluation. 24 (d) The Department shall maintain all inspection, survey 25 and evaluation reports for at least 5 years in a manner 26 accessible to and understandable by the public. 27 (Source: P.A. 91-799, eff. 6-13-00.)