Ill. Admin. Code tit. 77, § 300.3310 - Complaint Procedures
a)
A resident shall be permitted to present grievances on behalf of
himself or herself and others to the administrator, the
Long-Term Care Facility Advisory Board, the residents' advisory council, State
governmental agencies, or other persons of the resident's choice, free from
restraint, interference, coercion, or discrimination and without threat of
discharge or reprisal in any form or manner whatsoever. (Section 2-112
of the Act)
b)
The facility
administrator shall provide all residents or their representatives upon
admission and at request with the name, address, and telephone number of the
appropriate State governmental office where complaints may be lodged in
language the resident can understand that must include notice
of the grievance procedure of the facility or program and addresses and phone
numbers for the Department's Office of Health Care Regulation
and the Long-Term Care Ombudsman Program. (Section 2-112 of the
Act)
c)
A person who
believes that the Act or this Part 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.
(Section 3-702(a) of the Act)
d)
The substance of the complaint will be provided in
writing to the licensee, owner or administrator no earlier than at the
commencement of the on-site inspection of the facility that
takes place pursuant to the complaint. (Section 3-702(b) of
the Act)
e)
The
Department will 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 will be given
the opportunity to withdraw the complaint before disclosure. Upon the request
of the complainant, the Department will permit the complainant
or a representative of the complainant to accompany the person making the
on-site inspection of the facility. (Section 3-702(c) of the
Act)
f)
Upon receipt of a
complaint, the Department will determine whether the Act
or this Part has been or is being violated. The
Department will investigate all complaints alleging abuse or
neglect within seven 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 with 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 will be investigated within appropriate time
frames to the extent feasible. (Section 3-702(d) of the Act)
g)
The Department employees
investigating a complaint will 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 the threat. Information and findings discussed
in the brief exit conference will become a part of the
investigating record but will not in any way constitute an
official or final notice of violation as provided under Section 3-301
of the Act and Section
300.276 of this Part.
All complaints will be classified as "an invalid report," "a
valid report," or "an undetermined report." For any complaint classified as "a
valid report," the Department will determine within 30 working
days after any Department employee enters a facility to begin an on-site
inspection if this Part or provision of the Act has been or is
being violated. (Section 3-702(d) of the Act)
h)
In all cases, the
Department will inform the complainant of its findings within
ten days after its determination unless otherwise indicated by
the complainant, and the complainant may direct the Department to send a copy
of the 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 will also
notify the facility of these findings within ten days
after the determination, but the name of the complainant or
residents will not be disclosed in this notice to the
facility. The notice of findings will 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. (Section 3-702(e) of the Act)
i)
A written determination,
correction order, or warning notice concerning a complaint, together with the
facility's response, will be available for public inspection,
but the name of the complainant or resident will not be
disclosed without their consent. (Section 3-702(f) of
the Act)
j)
A complainant
who is dissatisfied with the determination or investigation by the Department
may request a hearing under subsection (k) of this Section.
The facility will be given notice of the
hearing and may participate in the hearing as a party. If a facility
requests a hearing under subsection (k) of this Section that
concerns a matter covered by a complaint, the complainant will
be given written 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 (h) of this Section.
Upon receipt of the request the Department will
conduct a hearing as provided under subsection (k) of this
Section. (Section 3-702(g) of the Act)
k) Any person aggrieved by a decision of the
Department rendered in a particular case that affects the legal rights, duties
or privileges created under the Act may have the decision reviewed in
accordance with Sections 3-703 through 3-712 of the Act.
l) When the Department finds that a provision
of Article II of the Act regarding residents' rights has been violated with
regard to a particular resident, the Department will issue an order requiring
the facility to reimburse the resident for injuries incurred, or $100,
whichever is greater.
Notes
Amended at 16 Ill. Reg. 17089, effective November 3, 1992
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