77 Ill. Adm. Code 340.1160
Inspections, Surveys, Evaluations, and Consultations
Section 340
Section 340.1160Â
Inspections, Surveys, Evaluations, and Consultations
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, State Fire
Marshal's Office, State or federal department of Veterans' Affairs or by 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
.Â
(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 the Act and this Part. 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) A facility
may charge the Department for such 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;
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;
3)
Intentionally
prevent or interfere with the preservation of evidence pertaining to any
violation of
the
Act
or
this Part;
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) 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 Section 300.120(e)
as to
submission of false or misleading information in a license application
.Â
(Section 3-318(b) of the Act)
d)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 matters of the
scope of regulation, methods of compliance with the Act or this Part, or
general matters of patient care.