77 Ill. Adm. Code 330.200
Inspections, Surveys, Evaluations and Consultation
Section 330
Section 330.200Â Inspections,
Surveys, Evaluations and Consultation
The terms survey, inspection and
evaluation are synonymous. These terms refer to the overall examination of
compliance with the Act and this Part.
a)Â Â Â Â Â Â Â Â All facilities to which this Part applies shall be subject to
and shall be deemed to have given consent to annual inspections, surveys or
evaluations by properly identified personnel of the Department, or by such
other properly identified persons, including local health department staff, as
the Department may designate.
An inspection, survey or evaluation, other
than an inspection of financial records, shall be conducted without prior
notice to the facility. A visit for the sole purpose of consultation may be
announced.
(Section 3-212(a) of the Act)Â The licensee, or person
representing the licensee in the facility, shall provide to the representative
of the Department access and entry to the premises or facility for obtaining
information required to carry out this Act and the rules promulgated under the
Act. In addition, representatives of the Department
shall have access to
and may reproduce or photocopy at the Department's cost any books, records, and
other documents maintained by the facility
, the licensee or their
representatives
to the extent necessary to carry out
the
Act
and
this Part
.
(Section 3-213 of the Act)Â A facility may charge the
Department for photocopying at a rate determined by the facility not to exceed
the rate in the Freedom of Information Act.
b)
No person shall:
1)
Intentionally prevent, interfere with, or attempt to impede
in any way any duly authorized investigation and enforcement of
the
Act
or
this Part (Section 3-318(a)(2) of the Act);
2)
Intentionally prevent or attempt to prevent any examination
of any relevant books or records pertinent to investigations and enforcement of
the
Act
or this Part (Section 3-318(a)(3) of the Act);
3)
Intentionally prevent or interfere with the preservation of
evidence pertaining to any violation of
the
Act
or this Part (Section
3-318(a)(4) of the Act);
4)
Intentionally retaliate or discriminate against any
resident or employee for contacting or providing information to any state
official, or for initiating, participating in, or testifying in an action for
any remedy authorized under
the
Act
or this Part. (Section 3-318(a)(5)
of the Act)
c)
A violation of
subsection (b
) is a business offense,
punishable by a fine not to exceed $10,000, except as otherwise provided in
subsection (2) of Section 3-103
of the Act and subsection 330.120(d)
as
to submission of false or misleading information in a license application
. Â (Section
3-318(b) of the Act)
d)
In determining whether to make more than the required
number of unannounced inspections, surveys and evaluations of a facility the
Department
will
consider one or more of the following:
1)
previous inspection reports;
2)
the facility's history of compliance with
the Act and
this Part
and correction of violations:
3)
penalties or other enforcement actions;
4)
the
number and severity of complaints received about
the facility;
5)
any
allegations of resident abuse or neglect;
6)
weather conditions
7)
health emergencies
; or
8)
other reasonable belief that deficiencies exist.
(Section 3-212(b) of the Act)
e)
Upon completion of each inspection, survey and evaluation,
the appropriate Department personnel who conducted the inspection, survey or
evaluation shall submit a physical or electronic copy of their report to the
licensee upon exiting the facility, and shall submit the actual report to the
appropriate regional office of the Department.
A copy of the information
gathered during a complaint investigation will not be provided upon exiting the
facility.
Comments or documentation provided by the licensee which may
refute findings in the report, which explain extenuating circumstances that the
facility could not reasonably have prevented, or which indicate methods and
timetables for correction of deficiencies described in the report shall be
provided
to the Department
within ten days
after
receipt of the
copy of the report.
(Section 3-212(c) of the Act)
f)Â Â Â Â Â Â Â Â Consultation consists of providing advice or suggestions to
the staff of a facility at their request relative to specific methods of the
scope of regulation, method of compliance with the Act or rules, or general
matters of resident care.