HB 3198 — LONG TERM CARE FAC-APPEAL

093_HB3198HB3198 Engrossed LRB093 06995 AMC 07145 b AN ACT concerning health facilities.

At the specific, written request of an agency of the State other than the Department of Human Services (as successor to the Department of Mental Health and Developmental Disabilities), the Inspector General may cooperate in investigating reports of abuse and neglect of HB3198 Engrossed -2- LRB093 06995 AMC 07145 b persons with mental illness or persons with developmental disabilities.

When the Office of the Inspector General has substantiated a case of abuse or neglect, the Inspector General shall include in the final report any mitigating or HB3198 Engrossed -3- LRB093 06995 AMC 07145 b aggravating circumstances that were identified during the investigation.

The written response from a facility or agency shall address in a concise and reasoned manner the actions that the agency or facility will take or has taken to protect the resident or patient from abuse or HB3198 Engrossed -4- LRB093 06995 AMC 07145 b neglect, prevent reoccurrences, and eliminate problems identified and shall include implementation and completion dates for all such action.

There shall be an appeals process for any person or agency ______________d______________________c___________________________t______________________e_____________ _____n_________________o____________________y__________________ that---t---- is subject to any action based on a recommendation or recommendations.

__________g__________________e______________________o_____________________g_____________ _____o_____________________c_________________________w_______________a_____________________s______________________n_____________ _____t_____________________e______________________n_____________HB3198 Engrossed -5- LRB093 06995 AMC 07145 b _____l______________________a______________________e_____________________g_____________ _____r_____________________s______________________i_____________ _____l_____________________a______________________i_____________ _____c_____________________g______________________o_____________ _____c_____________________e______________________n_____________ _____c_____________________d______________________p_____________ ______A_____________________s_____________________e_____________ ______b____________________l______________________a_____________ _____n_____________________t_______________________a____________ _____n_____________________g______________________s_____________ _____n______________________n_____________________e_____________ _____n_____________________n________________________f___________ _______o___________________r______________________t_____________ _____r_____________________o______________________b_____________ ______a______________________f____________________a_____________ _____t_____________________e______________________'_____________ _____t_____________________e_______________________h____________ _____t_____________________m_______________ (d) The Inspector General may recommend to the Departments of Public Health and Human Services sanctions to be imposed against mental health and developmental disabilities facilities under the jurisdiction of the Department of Human Services for the protection of residents, including appointment of on-site monitors or receivers, transfer or relocation of residents, and closure of units.

(f) The Inspector General shall at all times be granted access to any mental health or developmental disabilities facility operated by the Department, shall establish and HB3198 Engrossed -6- LRB093 06995 AMC 07145 b conduct unannounced site visits to those facilities at least once annually, and shall be granted access, for the purpose of investigating a report of abuse or neglect, to any facility or program funded by the Department that is subject under the provisions of this Section to investigation by the Inspector General for a report of abuse or neglect.

(g-5) After notice and an opportunity for a hearing that is separate and distinct from the Office of the Inspector General's appeals process as implemented under subsection (c) of this Section, the Inspector General shall report to the Department of Public Health's nurse aide registry under -6- LRB093 06995 AMC 07145 b Section 3-206.01 of the Nursing Home Care Act the identity of individuals against whom there has been a substantiated finding of physical or sexual abuse or egregious neglect of a service recipient.

An individual who is a member of a collective bargaining unit as described above shall not be reported to the Department of Public Health's nurse aide registry until the exhaustion of that individual's grievance and arbitration rights, or until 3 months after the initiation of the grievance process, whichever occurs first, provided that the Department of Human Services' hearing under ____ subsection (c),(---- that is separate and distinct from the Office of the Inspector General's appeals process,process __ _____m_____________________t______________________e______- has HB3198 Engrossed -7- LRB093 06995 AMC 07145 b concluded.

The Department shall be required to establish by a preponderance of the evidence that the Office of the -7- LRB093 06995 AMC 07145 b Inspector General's finding of physical or sexual abuse or egregious neglect warrants reporting to the Department of Public Health's nurse aide registry under Section 3-206.01 of the Nursing Home Care Act.

If the individual does not request a hearing or if after notice and a hearing the Department of Human Services finds that the report is valid, the finding shall be included HB3198 Engrossed -8- LRB093 06995 AMC 07145 b as part of the registry, as well as a brief statement from the reported individual if he or she chooses to make a statement.

Upon completion of the investigation and hearing, the Department of Human Services shall report the removal of the finding to the registry unless the Department of Human -8- LRB093 06995 AMC 07145 b Services determines that removal is not in the public interest.