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92_HB0313gms
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
SPRINGFIELD, 62706
GEORGE H. RYAN
GOVERNOR
August 2, 2001
To the Honorable Members of the
Illinois House of Representatives
92nd General Assembly
I have today signed into law House Bill 313 entitled "AN
ACT concerning health care facilities."
House Bill 313 amends the Nursing Home Care Act to
provide that inspectors and employees of the Department of
Public Health who intentionally pre-notify a facility, either
orally or in writing, of a pending complaint investigation or
inspection, shall be guilty of a Class A misdemeanor and
subject to disciplinary action. House Bill 313 also provides
that superiors of such employees, who knowingly allowed the
pre-notification, shall be subject to the same penalty. The
bill further provides that the Department of Public Health
must file a complaint with the Attorney General or the
appropriate State's Attorney within 30 days after discovering
information that leads to good faith belief that a person has
pre-notified a facility.
I fully believe this is a well-intentioned bill. However,
I am concerned that the bill could have been drafted more
tightly and in a manner consistent with the similar offense
in the current law. I have several concerns that I would like
the General Assembly to consider.
The bill states that an inspector or an employee of the
Department who intentionally "prenotifies" a facility is
guilty of a Class A misdemeanor. The word "prenotifies" is a
somewhat ambiguous term for a criminal offense and is
different terminology than the similar offense in current law
that uses the more direct "gives prior notice". I believe the
latter is more artful wording for a criminal offense.
The current law covers prior notice that is directly or
indirectly given. House Bill 313 does not. The current law
covers prior notice to a facility or to an employee of a
facility. House Bill 313 only covers prenotification of a
facility, which may require notice to management of the
facility.
The current Class A misdemeanor for giving prior notice
of an inspection, survey, or evaluation, and House Bill 313's
redundant inclusion of inspection in its Class A misdemeanor
offense, are lower penalties than the applicable criminal
penalty under the Criminal Code. The Criminal Code offense of
official misconduct makes it a Class 3 felony for a public
officer or employee to knowingly perform an act in violation
of law. The Nursing Care Act provides, separate from the
misdemeanor provision, that: "An inspection, survey, or
evaluation, other than an inspection of financial records
shall be conducted without prior notice to the facility."
Therefore, prior notice given by an employee would be a
violation of law and punishable as the Class 3 felony of
official misconduct. Does the General Assembly consider the
Class A misdemeanor penalty to be sufficient? Certainly, a
felony conviction for official misconduct would clearly cost
the employee their State position; whereas it is unclear what
type of disciplinary action may result from the misdemeanor
penalty. These are issues that the General Assembly may want
to address with future legislation.
With these clarifications, I have signed House Bill 313.
Sincerely,
s/GEORGE H. RYAN
Governor