Bill Text: IL HB5134 | 2011-2012 | 97th General Assembly | Chaptered
Bill Title: Amends the Nursing Home Care Act. Requires the Department of Public Health to adopt rules to establish a process for independent third party investigation of a long-term care facility's complaint about Department employees or individuals acting on behalf of the Department in making an inspection, survey, or evaluation under the Act. Requires the rules to include necessary and appropriate protections to ensure that a person filing a complaint in good faith does not suffer any adverse effect on account of having done so. Effective January 1, 2013.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2012-07-30 - Public Act . . . . . . . . . 97-0863 [HB5134 Detail]
Download: Illinois-2011-HB5134-Chaptered.html
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| Public Act 097-0863 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Nursing Home Care Act is amended by adding | ||||
Section 3-713.5 as follows:
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(210 ILCS 45/3-713.5 new) | ||||
Sec. 3-713.5. Informal dispute resolution. Pursuant to the | ||||
requirements of subsection (c) of Section 3-212 of this Act, | ||||
when a facility submits comments to licensure findings, it | ||||
shall be considered an informal dispute resolution if the same | ||||
findings were not submitted for an informal dispute resolution | ||||
pursuant to protocols for federal certification deficiencies | ||||
established by the federal Centers for Medicare and Medicaid | ||||
Services. The Department shall review documentation submitted | ||||
as the basis for an informal dispute resolution. If the | ||||
Department determines that the submitted evidence or arguments | ||||
were insufficient to refute the findings, then the Department | ||||
shall provide a written explanation of the reason or reasons | ||||
why the evidence or arguments were insufficient to refute the | ||||
finding.
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