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SB 3967

NURSING HOME SURVEYOR REPORT

104th Regular Session Introduced by Kelly Cassidy and 8 co-sponsors

strengthening nursing home oversight by speeding up abuse/neglect investigations and publicly reporting findings and staffing data.

Public Act . . . . . . . . . 104-0571
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Bill Summary · SB 3967

Summary of SB3967 (Illinois, 104th Session) – Nursing Home Surveyor Report

Purpose and intent

SB3967 amends the Nursing Home Care Act to strengthen oversight of nursing home compliance through enhanced complaint intake, investigation processes, reporting, and transparency. The measure emphasizes timely investigations of abuse/neglect, clearer procedures for complainants and facilities, and regular public reporting on survey activities and department performance. It also expands annual reporting requirements related to nursing home surveyor staffing and operations.

Key provisions and changes

  • Complaint intake and processing (Section a–c):

    • Complaints about violations of the Act or its rules can be submitted in multiple formats: written, telephone, electronic, or in person.
    • Oral complaints must be reduced to writing by the Department.
    • The Department must publish information about intake processes and the questions asked of complainants on its website and upon request.
    • Complainants must provide identifying information to aid follow-up, but compliance with providing identifying information is not required to satisfy filing procedures.
    • The Department may handle complaints with or without identifying information, as appropriate.

  • Timing and handling of complaints (Section d):

    • The Department must determine if a violation has occurred and investigate all abuse/neglect complaints within:
    • 7 days for abuse/neglect (standard)
    • 24 hours for abuse/neglect indicating imminent danger to a resident
    • 30 days for other complaints
    • In a statewide public health emergency, investigation timelines are adjusted to feasible time frames.
    • Investigating staff must conduct a brief informal exit conference at facilities to flag any serious deficiencies requiring immediate correction (these findings become part of the investigation record but are not final notices of violation).

  • Coordination and transparency of findings (Sections d, e, f):

    • Within 30 working days after an on-site inspection begins for a "valid report," the Department must determine if any rule or provision is violated.
    • The Department should, when possible, combine complaint investigations with other inspections to avoid duplication.
    • Findings are shared with complainants within 10 days of determination (unless the complainant declines) and may be shared with others as requested.
    • Facilities are informed of findings within 10 days, with confidentiality protections for complainants/residents.

  • Public availability and hearings (Sections f, g, g-5):

    • Written determinations, correction orders, and warning notices, along with the facility’s response, are subject to public inspection. Names of complainants or residents remain confidential unless consent is given.
    • Dissatisfied complainants may request a hearing under the existing Section 3-703. Hearings may include the facility and, if relevant, the complainant.
    • Requests for hearings must be filed within 30 days after mailing of the Department’s findings.

  • Annual survey and complaint-reporting requirements (Section g, g-5):

    • The Department must conduct an annual review of all survey activity from the prior fiscal year and prepare a comprehensive report. The report must cover:
    • Total complaints received and their timeframes (24-hour, 7-day, 30-day)
    • Anonymous vs. non-anonymous complaints
    • Substantiated vs. unsubstantiated complaints
    • Substantiated complaints completed within the defined timeframes
    • Use of informal dispute resolutions (requests, approvals, and outcomes)
    • Nursing home surveyor staffing data (authorized, hired, vacancies, and turnover)
    • Average tenure of surveyors
    • Additional information on recruitment, retention, workload
    • Discretionary denial of payment actions (timing and frequency)
    • Any other information requested by the Long-Term Care Facility Advisory Board or the Illinois Long-Term Care Council
    • The annual report is to be provided to the Long-Term Care Facility Advisory Board, the Illinois Long-Term Care Council, and the General Assembly. The boards/councils must review and suggest changes, including how to handle anonymous complaints.

  • False reporting (Section h):

    • Knowingly transmitting a false report to the Department constitutes disorderly conduct under the Criminal Code.

Who/what is affected

  • Facilities and licensees: Nursing homes and their owners/operators must respond to complaints, participate in on-site inspections, and address findings.
  • Department of Public Health personnel: Inspectors/-surveyors conduct investigations, issue determinations and notices, and compile annual survey reports.
  • Complainants and residents: Access to complaint processes is clarified; confidentiality protections are maintained with explicit allowances for sharing findings upon request.
  • Advisory bodies: The Long-Term Care Facility Advisory Board and the Illinois Long-Term Care Council receive annual survey reports and may request changes.

Timelines and procedural notes

  • Abuse/neglect investigations: 24 hours to 7 days depending on severity; other complaints within 30 days; adjusted during emergencies.
  • On-site inspection outcomes: "(valid report)" determination within 30 working days after entry.
  • Hearings: Requests due within 30 days after Department findings; hearings under existing mechanisms.
  • Annual reporting: Must be produced after each fiscal year and shared with relevant bodies; subject to review and recommendations by advisory boards/councils.

Potential impact

  • Increased accountability and faster response to abuse/neglect in nursing homes.
  • Greater transparency through public-facing findings and regular performance reporting.
  • Enhanced processes for handling anonymous complaints and coordination to minimize duplicate inspections.
  • Stronger data collection on survey staffing, workload, and enforcement actions to inform policy and workforce planning.
  • Deterrence against false reporting through explicit disorderly conduct penalties.

Compiled from official sources — confirm details with the bill’s official record.

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