NURSING HOME SURVEYOR REPORT

Illinois General Assembly - Full Text of HB5473

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HB5473 - 104th General Assembly

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5473

Introduced 2/13/2026, by Rep. Justin Slaughter

SYNOPSIS AS INTRODUCED:

210 ILCS 45/3-702

from Ch. 111 1/2, par. 4153-702

Amends the Nursing Home Care Act. Replaces reporting requirement
provisions for the Department of Public Health concerning nurse surveyors.
Provides that, in addition to the listed information, the Department's
annual report on all survey activity from the preceding fiscal year shall
include: (i) the total number of authorized nursing home surveyor
positions within the Department, (ii) the total number of filled and
vacant nursing home surveyor positions, (iii) the average length of tenure
for nursing home surveyors employed by the Department at the time the
report is created, and (iv) any additional information the Department
deems relevant regarding nursing home surveyor recruitment, retention, or
workload.
LRB104 18394 BAB 31836 b

A BILL FOR

HB5473
LRB104 18394 BAB 31836 b
1

AN ACT concerning regulation.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Nursing Home Care Act is amended by
5
changing Section 3-702 as follows:

6

(210 ILCS 45/3-702)

(from Ch. 111 1/2, par. 4153-702)
7

Sec. 3-702.
(a) A person who believes that this Act or a
8
rule promulgated under this Act may have been violated may
9
request an investigation. The request may be submitted to the
10
Department in writing, by telephone, by electronic means, or
11
by personal visit. An oral complaint shall be reduced to
12
writing by the Department. The Department shall make
13
available, through its website and upon request, information
14
regarding the oral and phone intake processes and the list of
15
questions that will be asked of the complainant. The
16
Department shall request information identifying the
17
complainant, including the name, address, and telephone
18
number, to help enable appropriate follow-up. The Department
19
shall act on such complaints via on-site visits or other
20
methods deemed appropriate to handle the complaints with or
21
without such identifying information, as otherwise provided
22
under this Section. The complainant shall be informed that
23
compliance with such request is not required to satisfy the

HB5473
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LRB104 18394 BAB 31836 b
1
procedures for filing a complaint under this Act. The
2
Department must notify complainants that complaints with less
3
information provided are far more difficult to respond to and
4
investigate.
5

(b) The substance of the complaint shall be provided in
6
writing to the licensee, owner, or administrator no earlier
7
than at the commencement of an on-site inspection of the
8
facility which takes place pursuant to the complaint.
9

(c) The Department shall not disclose the name of the
10
complainant unless the complainant consents in writing to the
11
disclosure or the investigation results in a judicial
12
proceeding, or unless disclosure is essential to the
13
investigation. The complainant shall be given the opportunity
14
to withdraw the complaint before disclosure. Upon the request
15
of the complainant, the Department may permit the complainant
16
or a representative of the complainant to accompany the person
17
making the on-site inspection of the facility.
18

(d) Upon receipt of a complaint, the Department shall
19
determine whether this Act or a rule promulgated under this
20
Act has been or is being violated. The Department shall
21
investigate all complaints alleging abuse or neglect within 7
22
days after the receipt of the complaint except that complaints
23
of abuse or neglect which indicate that a resident's life or
24
safety is in imminent danger shall be investigated within 24
25
hours after receipt of the complaint. All other complaints
26
shall be investigated within 30 days after the receipt of the

HB5473
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LRB104 18394 BAB 31836 b
1
complaint, except that, during a statewide public health
2
emergency, as defined in the Illinois Emergency Management
3
Agency Act, all other complaints shall be investigated within
4
appropriate time frames to the extent feasible. The Department
5
employees investigating a complaint shall conduct a brief,
6
informal exit conference with the facility to alert its
7
administration of any suspected serious deficiency that poses
8
a direct threat to the health, safety, or welfare of a resident
9
to enable an immediate correction for the alleviation or
10
elimination of such threat. Such information and findings
11
discussed in the brief exit conference shall become a part of
12
the investigating record but shall not in any way constitute
13
an official or final notice of violation as provided under
14
Section 3-301. All complaints shall be classified as "an
15
invalid report", "a valid report", or "an undetermined
16
report". For any complaint classified as "a valid report", the
17
Department must determine within 30 working days after any
18
Department employee enters a facility to begin an on-site
19
inspection if any rule or provision of this Act has been or is
20
being violated.
21

(d-1) The Department shall, whenever possible, combine an
22
on-site investigation of a complaint in a facility with other
23
inspections in order to avoid duplication of inspections.
24

(e) In all cases, the Department shall inform the
25
complainant of its findings within 10 days of its
26
determination unless otherwise indicated by the complainant,

HB5473
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LRB104 18394 BAB 31836 b
1
and the complainant may direct the Department to send a copy of
2
such findings to another person. The Department's findings may
3
include comments or documentation provided by either the
4
complainant or the licensee pertaining to the complaint. The
5
Department shall also notify the facility of such findings
6
within 10 days of the determination, but the name of the
7
complainant or residents shall not be disclosed in this notice
8
to the facility. The notice of such findings shall include a
9
copy of the written determination; the correction order, if
10
any; the warning notice, if any; the inspection report; or the
11
State licensure form on which the violation is listed.
12

(f) A written determination, correction order, or warning
13
notice concerning a complaint, together with the facility's
14
response, shall be available for public inspection, but the
15
name of the complainant or resident shall not be disclosed
16
without his consent.
17

(g) A complainant who is dissatisfied with the
18
determination or investigation by the Department may request a
19
hearing under Section 3-703. The facility shall be given
20
notice of any such hearing and may participate in the hearing
21
as a party. If a facility requests a hearing under Section
22
3-703 which concerns a matter covered by a complaint, the
23
complainant shall be given notice and may participate in the
24
hearing as a party. A request for a hearing by either a
25
complainant or a facility shall be submitted in writing to the
26
Department within 30 days after the mailing of the

HB5473
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LRB104 18394 BAB 31836 b
1
Department's findings as described in subsection (e) of this
2
Section. Upon receipt of the request the Department shall
3
conduct a hearing as provided under Section 3-703.
4

(g-5) The Department shall conduct an annual review of all
5
survey activity from the preceding fiscal year and make a
6
report concerning the complaint and survey process. The report
7
shall include, but not be limited to:
8

(1) the total number of complaints received;
9

(2) the breakdown of 24-hour, 7-day, and 30-day
10

complaints;
11

(3) the breakdown of anonymous and non-anonymous
12

complaints;
13

(4) the number of complaints that were substantiated
14

versus unsubstantiated;
15

(5) the total number of substantiated complaints that
16

were completed in the time frame determined under
17

subsection (d);
18

(6) the total number of informal dispute resolutions
19

requested;
20

(7) the total number of informal dispute resolution
21

requests approved;
22

(8) the total number of informal dispute resolutions
23

that were overturned or reduced in severity;
24

(9) the total number of authorized nursing home
25

surveyor positions within the Department;

26

(10)

(9)
the total number of
filled nursing home

HB5473
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LRB104 18394 BAB 31836 b
1

surveyor positions

nurse surveyors hired during the
2

calendar year
;
3

(11)

(10)
the total number of
vacant nursing home
4

surveyor positions

nurse surveyors who left Department
5

employment
;
6

(12)

(11)
the average length of tenure for
nursing
7

home

nurse
surveyors employed by the Department at the
8

time the report is created;
9

(13) any additional information the Department deems
10

relevant regarding nursing home surveyor recruitment,
11

retention, or workload;

12

(14)

(12)
the total number of times the Department
13

imposed discretionary denial of payment within 15 days of
14

notice and within 2 days of notice as well as the number of
15

times the discretionary denial of payment took effect; and
16

(15)

(13)
any other complaint information requested by
17

the Long-Term Care Facility Advisory Board created under
18

Section 2-204 of this Act or the Illinois Long-Term Care
19

Council created under Section 4.04a of the Illinois Act on
20

the Aging.
21

This report shall be provided to the Long-Term Care
22
Facility Advisory Board, the Illinois Long-Term Care Council,
23
and the General Assembly. The Long-Term Care Facility Advisory
24
Board and the Illinois Long-Term Care Council shall review the
25
report and suggest any changes deemed necessary to the
26
Department for review and action, including how to investigate

HB5473
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LRB104 18394 BAB 31836 b
1
and substantiate anonymous complaints.
2

(h) Any person who knowingly transmits a false report to
3
the Department commits the offense of disorderly conduct under
4
subsection (a)(8) of Section 26-1 of the Criminal Code of
5
2012.
6
(Source: P.A. 102-432, eff. 8-20-21; 102-947, eff. 1-1-23;
7
103-1, eff. 4-27-23; 103-154, eff. 6-30-23.)

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