Bill Text: IL HB5601 | 2015-2016 | 99th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Nursing Home Care Act, the MC/DD Act, and the ID/DD Community Care Act. Changes provisions concerning complaints. Provides that the Department of Public Health shall require, instead of request, specified identifying information from complainants. Provides that such identifying information will be kept confidential and complainants shall be made aware that the information is confidential. Provides that the complainant shall be informed of possible sanctions for knowingly or willfully transmitting a false report to the Department. Requires the Department to impose a civil penalty of $250 on complainants if it has a good faith belief that a complaint is frivolous, intended to harass, or intended to defraud the Department. Requires the Department to maintain an internal list of such complainants. Provides that complaints may be classified as "false reports". Provides that false reports shall also be considered disorderly conduct under the Criminal Code of 2012. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-04-22 - Rule 19(a) / Re-referred to Rules Committee [HB5601 Detail]

Download: Illinois-2015-HB5601-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB5601 Introduced , by Rep. Michael Unes SYNOPSIS AS INTRODUCED:
210 ILCS 45/3-702 from Ch. 111 1/2, par. 4153-702
210 ILCS 46/3-702
210 ILCS 47/3-702
Amends the Nursing Home Care Act, the MC/DD Act, and the ID/DD Community Care Act. Changes provisions concerning complaints. Provides that the Department of Public Health shall require, instead of request, specified identifying information from complainants. Provides that such identifying information will be kept confidential and complainants shall be made aware that the information is confidential. Provides that the complainant shall be informed of possible sanctions for knowingly or willfully transmitting a false report to the Department. Requires the Department to impose a civil penalty of $250 on complainants if it has a good faith belief that a complaint is frivolous, intended to harass, or intended to defraud the Department. Requires the Department to maintain an internal list of such complainants. Provides that complaints may be classified as "false reports". Provides that false reports shall also be considered disorderly conduct under the Criminal Code of 2012. Effective immediately.
LRB099 19005 MJP 43394 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB5601 LRB099 19005 MJP 43394 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Nursing Home Care Act is amended by changing
Section 3-702 as follows:
(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 require
request information identifying the complainant, including the
name, address and telephone number, to help enable appropriate
follow-up. This identifying information is to be kept strictly
confidential within the Department and the complainant shall be
made aware of this confidentiality provision. 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

HB5601 - 2 - LRB099 19005 MJP 43394 b
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. The complainant shall be informed of possible
sanctions for knowingly and willfully transmitting a false
report to the Department. If the Department has a good faith
belief, based on information that comes to its attention, that
a complaint is frivolous, intended to harass, or intended to
defraud the Department, the Department shall:
(1) impose a civil monetary penalty in the amount of
$250 against the complainant; and
(2) keep an internal list of such violators.
(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

HB5601 - 3 - LRB099 19005 MJP 43394 b
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", "a false 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

HB5601 - 4 - LRB099 19005 MJP 43394 b
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

HB5601 - 5 - LRB099 19005 MJP 43394 b
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 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 pursuant to subsection (a) of this Section also

HB5601 - 6 - LRB099 19005 MJP 43394 b
commits the offense of disorderly conduct under subsection
(a)(8) of Section 26-1 of the Criminal Code of 2012.
(Source: P.A. 97-1150, eff. 1-25-13; 98-988, eff. 8-18-14;
revised 10-9-15.)
Section 10. The MC/DD Act is amended by changing Section
3-702 as follows:
(210 ILCS 46/3-702)
Sec. 3-702. Request for investigation of violation.
(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 require
request information identifying the complainant, including the
name, address and telephone number, to help enable appropriate
follow up. This identifying information is to be kept strictly
confidential within the Department and the complainant shall be
made aware of this confidentiality provision. The Department
shall act on such complaints via on-site visits or other
methods deemed appropriate to handle the complaints with or

HB5601 - 7 - LRB099 19005 MJP 43394 b
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. The complainant shall be informed of possible
sanctions for knowingly and willfully transmitting a false
report to the Department. If the Department has a good faith
belief, based on information that comes to its attention, that
a complaint is frivolous, intended to harass, or intended to
defraud the Department, the Department shall:
(1) impose a civil monetary penalty in the amount of
$250 against the complainant; and
(2) keep an internal list of such violators.
(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

HB5601 - 8 - LRB099 19005 MJP 43394 b
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", "a false 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.

HB5601 - 9 - LRB099 19005 MJP 43394 b
(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 or her 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

HB5601 - 10 - LRB099 19005 MJP 43394 b
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 DD Facility Advisory Board. This report shall be provided
to the DD Facility Advisory Board. The DD Facility Advisory
Board 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 pursuant to subsection (a) of this Section also
commits the offense of disorderly conduct under subsection
(a)(8) of Section 26-1 of the Criminal Code of 2012.
(Source: P.A. 99-180, eff. 7-29-15.)

HB5601 - 11 - LRB099 19005 MJP 43394 b
Section 15. The ID/DD Community Care Act is amended by
changing Section 3-702 as follows:
(210 ILCS 47/3-702)
Sec. 3-702. Request for investigation of violation.
(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 require
request information identifying the complainant, including the
name, address and telephone number, to help enable appropriate
follow up. This identifying information is to be kept strictly
confidential within the Department and the complainant shall be
made aware of this confidentiality provision. 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

HB5601 - 12 - LRB099 19005 MJP 43394 b
information provided are far more difficult to respond to and
investigate. The complainant shall be informed of possible
sanctions for knowingly and willfully transmitting a false
report to the Department. If the Department has a good faith
belief, based on information that comes to its attention, that
a complaint is frivolous, intended to harass, or intended to
defraud the Department, the Department shall:
(1) impose a civil monetary penalty in the amount of
$250 against the complainant; and
(2) keep an internal list of such violators.
(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

HB5601 - 13 - LRB099 19005 MJP 43394 b
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", "a false 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

HB5601 - 14 - LRB099 19005 MJP 43394 b
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 or her 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

HB5601 - 15 - LRB099 19005 MJP 43394 b
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 DD Facility Advisory Board. This report shall be provided
to the DD Facility Advisory Board. The DD Facility Advisory
Board 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 pursuant to subsection (a) of this Section also
commits the offense of disorderly conduct under subsection
(a)(8) of Section 26-1 of the Criminal Code of 2012.
(Source: P.A. 97-1150, eff. 1-25-13; 98-988, eff. 8-18-14.)
Section 99. Effective date. This Act takes effect upon
becoming law.