§330.200. Inspections, Surveys, Evaluations and Consultation  


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  • a)         The terms survey, inspection and evaluation are synonymous.  These items refer to the overall examination of compliance with the Act and this Part. 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 unannounced.  Consultations may be announced. 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 this Act and this Part.  A facility may charge the Department for photocopying at a rate determined by the facility not to exceed the rate in the Department's Freedom of Information rules (2 Ill. Adm. Code 1126). (Sections 3-212 and 3-213 of the Act)

     

    b)         Before making extra inspections, surveys and evaluations of a facility, the Department shall have taken into account the following criteria:

     

    1)         previous inspection reports;

     

    2)         the facility's history of compliance with the Act:

     

    A)        prior correction of violations;

     

    B)        prior enforcement actions;

     

    C)        number and severity of prior complaints;

     

    3)         number and severity of current complaints;

     

    4)         allegations of resident abuse or neglect;

     

    5)         compliance with disaster preparedness provisions under the Act; and

     

    6)         other reasonable belief that deficiencies regarding the Act exist. (Section 3-212(b) of the Act)

     

    c)         Upon the completion of each inspection, survey and evaluation, the representative of the Department who conducted the inspection, survey or evaluation shall submit a copy of their report to the licensee or their representative, upon exiting the facility.  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 of receipt of the copy of the report.  (Section 3-212(c) of the Act)

     

    d)         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 patient care.

     

(Source:  Amended at 13 Ill. Reg. 6562, effective April 17, 1989)