HB4327 EnrolledLRB098 18752 KTG 53897 b

1    AN ACT concerning aging.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Open Meetings Act is amended by changing
5Section 2 as follows:
 
6    (5 ILCS 120/2)  (from Ch. 102, par. 42)
7    Sec. 2. Open meetings.
8    (a) Openness required. All meetings of public bodies shall
9be open to the public unless excepted in subsection (c) and
10closed in accordance with Section 2a.
11    (b) Construction of exceptions. The exceptions contained
12in subsection (c) are in derogation of the requirement that
13public bodies meet in the open, and therefore, the exceptions
14are to be strictly construed, extending only to subjects
15clearly within their scope. The exceptions authorize but do not
16require the holding of a closed meeting to discuss a subject
17included within an enumerated exception.
18    (c) Exceptions. A public body may hold closed meetings to
19consider the following subjects:
20        (1) The appointment, employment, compensation,
21    discipline, performance, or dismissal of specific
22    employees of the public body or legal counsel for the
23    public body, including hearing testimony on a complaint

 

 

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1    lodged against an employee of the public body or against
2    legal counsel for the public body to determine its
3    validity.
4        (2) Collective negotiating matters between the public
5    body and its employees or their representatives, or
6    deliberations concerning salary schedules for one or more
7    classes of employees.
8        (3) The selection of a person to fill a public office,
9    as defined in this Act, including a vacancy in a public
10    office, when the public body is given power to appoint
11    under law or ordinance, or the discipline, performance or
12    removal of the occupant of a public office, when the public
13    body is given power to remove the occupant under law or
14    ordinance.
15        (4) Evidence or testimony presented in open hearing, or
16    in closed hearing where specifically authorized by law, to
17    a quasi-adjudicative body, as defined in this Act, provided
18    that the body prepares and makes available for public
19    inspection a written decision setting forth its
20    determinative reasoning.
21        (5) The purchase or lease of real property for the use
22    of the public body, including meetings held for the purpose
23    of discussing whether a particular parcel should be
24    acquired.
25        (6) The setting of a price for sale or lease of
26    property owned by the public body.

 

 

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1        (7) The sale or purchase of securities, investments, or
2    investment contracts. This exception shall not apply to the
3    investment of assets or income of funds deposited into the
4    Illinois Prepaid Tuition Trust Fund.
5        (8) Security procedures and the use of personnel and
6    equipment to respond to an actual, a threatened, or a
7    reasonably potential danger to the safety of employees,
8    students, staff, the public, or public property.
9        (9) Student disciplinary cases.
10        (10) The placement of individual students in special
11    education programs and other matters relating to
12    individual students.
13        (11) Litigation, when an action against, affecting or
14    on behalf of the particular public body has been filed and
15    is pending before a court or administrative tribunal, or
16    when the public body finds that an action is probable or
17    imminent, in which case the basis for the finding shall be
18    recorded and entered into the minutes of the closed
19    meeting.
20        (12) The establishment of reserves or settlement of
21    claims as provided in the Local Governmental and
22    Governmental Employees Tort Immunity Act, if otherwise the
23    disposition of a claim or potential claim might be
24    prejudiced, or the review or discussion of claims, loss or
25    risk management information, records, data, advice or
26    communications from or with respect to any insurer of the

 

 

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1    public body or any intergovernmental risk management
2    association or self insurance pool of which the public body
3    is a member.
4        (13) Conciliation of complaints of discrimination in
5    the sale or rental of housing, when closed meetings are
6    authorized by the law or ordinance prescribing fair housing
7    practices and creating a commission or administrative
8    agency for their enforcement.
9        (14) Informant sources, the hiring or assignment of
10    undercover personnel or equipment, or ongoing, prior or
11    future criminal investigations, when discussed by a public
12    body with criminal investigatory responsibilities.
13        (15) Professional ethics or performance when
14    considered by an advisory body appointed to advise a
15    licensing or regulatory agency on matters germane to the
16    advisory body's field of competence.
17        (16) Self evaluation, practices and procedures or
18    professional ethics, when meeting with a representative of
19    a statewide association of which the public body is a
20    member.
21        (17) The recruitment, credentialing, discipline or
22    formal peer review of physicians or other health care
23    professionals for a hospital, or other institution
24    providing medical care, that is operated by the public
25    body.
26        (18) Deliberations for decisions of the Prisoner

 

 

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1    Review Board.
2        (19) Review or discussion of applications received
3    under the Experimental Organ Transplantation Procedures
4    Act.
5        (20) The classification and discussion of matters
6    classified as confidential or continued confidential by
7    the State Government Suggestion Award Board.
8        (21) Discussion of minutes of meetings lawfully closed
9    under this Act, whether for purposes of approval by the
10    body of the minutes or semi-annual review of the minutes as
11    mandated by Section 2.06.
12        (22) Deliberations for decisions of the State
13    Emergency Medical Services Disciplinary Review Board.
14        (23) The operation by a municipality of a municipal
15    utility or the operation of a municipal power agency or
16    municipal natural gas agency when the discussion involves
17    (i) contracts relating to the purchase, sale, or delivery
18    of electricity or natural gas or (ii) the results or
19    conclusions of load forecast studies.
20        (24) Meetings of a residential health care facility
21    resident sexual assault and death review team or the
22    Executive Council under the Abuse Prevention Review Team
23    Act.
24        (25) Meetings of an independent team of experts under
25    Brian's Law.
26        (26) Meetings of a mortality review team appointed

 

 

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1    under the Department of Juvenile Justice Mortality Review
2    Team Act.
3        (27) (Blank).
4        (28) Correspondence and records (i) that may not be
5    disclosed under Section 11-9 of the Public Aid Code or (ii)
6    that pertain to appeals under Section 11-8 of the Public
7    Aid Code.
8        (29) Meetings between internal or external auditors
9    and governmental audit committees, finance committees, and
10    their equivalents, when the discussion involves internal
11    control weaknesses, identification of potential fraud risk
12    areas, known or suspected frauds, and fraud interviews
13    conducted in accordance with generally accepted auditing
14    standards of the United States of America.
15        (30) Those meetings or portions of meetings of a an
16    at-risk adult fatality review team or the Illinois At-Risk
17    Adult Fatality Review Team Advisory Council during which a
18    review of the death of an eligible adult in which abuse or
19    neglect is suspected, alleged, or substantiated is
20    conducted pursuant to Section 15 of the Adult Protective
21    Services Act.
22        (31) (30) Meetings and deliberations for decisions of
23    the Concealed Carry Licensing Review Board under the
24    Firearm Concealed Carry Act.
25    (d) Definitions. For purposes of this Section:
26    "Employee" means a person employed by a public body whose

 

 

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1relationship with the public body constitutes an
2employer-employee relationship under the usual common law
3rules, and who is not an independent contractor.
4    "Public office" means a position created by or under the
5Constitution or laws of this State, the occupant of which is
6charged with the exercise of some portion of the sovereign
7power of this State. The term "public office" shall include
8members of the public body, but it shall not include
9organizational positions filled by members thereof, whether
10established by law or by a public body itself, that exist to
11assist the body in the conduct of its business.
12    "Quasi-adjudicative body" means an administrative body
13charged by law or ordinance with the responsibility to conduct
14hearings, receive evidence or testimony and make
15determinations based thereon, but does not include local
16electoral boards when such bodies are considering petition
17challenges.
18    (e) Final action. No final action may be taken at a closed
19meeting. Final action shall be preceded by a public recital of
20the nature of the matter being considered and other information
21that will inform the public of the business being conducted.
22(Source: P.A. 97-318, eff. 1-1-12; 97-333, eff. 8-12-11;
2397-452, eff. 8-19-11; 97-813, eff. 7-13-12; 97-876, eff.
248-1-12; 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; revised
257-23-13.)
 

 

 

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1    Section 10. The Freedom of Information Act is amended by
2changing Section 7.5 as follows:
 
3    (5 ILCS 140/7.5)
4    Sec. 7.5. Statutory Exemptions. To the extent provided for
5by the statutes referenced below, the following shall be exempt
6from inspection and copying:
7    (a) All information determined to be confidential under
8Section 4002 of the Technology Advancement and Development Act.
9    (b) Library circulation and order records identifying
10library users with specific materials under the Library Records
11Confidentiality Act.
12    (c) Applications, related documents, and medical records
13received by the Experimental Organ Transplantation Procedures
14Board and any and all documents or other records prepared by
15the Experimental Organ Transplantation Procedures Board or its
16staff relating to applications it has received.
17    (d) Information and records held by the Department of
18Public Health and its authorized representatives relating to
19known or suspected cases of sexually transmissible disease or
20any information the disclosure of which is restricted under the
21Illinois Sexually Transmissible Disease Control Act.
22    (e) Information the disclosure of which is exempted under
23Section 30 of the Radon Industry Licensing Act.
24    (f) Firm performance evaluations under Section 55 of the
25Architectural, Engineering, and Land Surveying Qualifications

 

 

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1Based Selection Act.
2    (g) Information the disclosure of which is restricted and
3exempted under Section 50 of the Illinois Prepaid Tuition Act.
4    (h) Information the disclosure of which is exempted under
5the State Officials and Employees Ethics Act, and records of
6any lawfully created State or local inspector general's office
7that would be exempt if created or obtained by an Executive
8Inspector General's office under that Act.
9    (i) Information contained in a local emergency energy plan
10submitted to a municipality in accordance with a local
11emergency energy plan ordinance that is adopted under Section
1211-21.5-5 of the Illinois Municipal Code.
13    (j) Information and data concerning the distribution of
14surcharge moneys collected and remitted by wireless carriers
15under the Wireless Emergency Telephone Safety Act.
16    (k) Law enforcement officer identification information or
17driver identification information compiled by a law
18enforcement agency or the Department of Transportation under
19Section 11-212 of the Illinois Vehicle Code.
20    (l) Records and information provided to a residential
21health care facility resident sexual assault and death review
22team or the Executive Council under the Abuse Prevention Review
23Team Act.
24    (m) Information provided to the predatory lending database
25created pursuant to Article 3 of the Residential Real Property
26Disclosure Act, except to the extent authorized under that

 

 

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1Article.
2    (n) Defense budgets and petitions for certification of
3compensation and expenses for court appointed trial counsel as
4provided under Sections 10 and 15 of the Capital Crimes
5Litigation Act. This subsection (n) shall apply until the
6conclusion of the trial of the case, even if the prosecution
7chooses not to pursue the death penalty prior to trial or
8sentencing.
9    (o) Information that is prohibited from being disclosed
10under Section 4 of the Illinois Health and Hazardous Substances
11Registry Act.
12    (p) Security portions of system safety program plans,
13investigation reports, surveys, schedules, lists, data, or
14information compiled, collected, or prepared by or for the
15Regional Transportation Authority under Section 2.11 of the
16Regional Transportation Authority Act or the St. Clair County
17Transit District under the Bi-State Transit Safety Act.
18    (q) Information prohibited from being disclosed by the
19Personnel Records Review Act.
20    (r) Information prohibited from being disclosed by the
21Illinois School Student Records Act.
22    (s) Information the disclosure of which is restricted under
23Section 5-108 of the Public Utilities Act.
24    (t) All identified or deidentified health information in
25the form of health data or medical records contained in, stored
26in, submitted to, transferred by, or released from the Illinois

 

 

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1Health Information Exchange, and identified or deidentified
2health information in the form of health data and medical
3records of the Illinois Health Information Exchange in the
4possession of the Illinois Health Information Exchange
5Authority due to its administration of the Illinois Health
6Information Exchange. The terms "identified" and
7"deidentified" shall be given the same meaning as in the Health
8Insurance Accountability and Portability Act of 1996, Public
9Law 104-191, or any subsequent amendments thereto, and any
10regulations promulgated thereunder.
11    (u) Records and information provided to an independent team
12of experts under Brian's Law.
13    (v) Names and information of people who have applied for or
14received Firearm Owner's Identification Cards under the
15Firearm Owners Identification Card Act or applied for or
16received a concealed carry license under the Firearm Concealed
17Carry Act, unless otherwise authorized by the Firearm Concealed
18Carry Act; and databases under the Firearm Concealed Carry Act,
19records of the Concealed Carry Licensing Review Board under the
20Firearm Concealed Carry Act, and law enforcement agency
21objections under the Firearm Concealed Carry Act.
22    (w) Personally identifiable information which is exempted
23from disclosure under subsection (g) of Section 19.1 of the
24Toll Highway Act.
25    (x) Information which is exempted from disclosure under
26Section 5-1014.3 of the Counties Code or Section 8-11-21 of the

 

 

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1Illinois Municipal Code.
2    (y) Confidential information under the Adult Protective
3Services Act and its predecessor enabling statute, the Elder
4Abuse and Neglect Act, including information about the identity
5and administrative finding against any caregiver of a verified
6and substantiated decision of significant abuse, neglect, or
7financial exploitation of an eligible adult maintained in the
8Department of Public Health's Health Care Worker Registry
9established under Section 7.5.
10    (z) Records and information provided to a an at-risk adult
11fatality review team or the Illinois At-Risk Adult Fatality
12Review Team Advisory Council under Section 15 of the Adult
13Protective Services Act.
14(Source: P.A. 97-80, eff. 7-5-11; 97-333, eff. 8-12-11; 97-342,
15eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, eff. 1-1-13; 98-49,
16eff. 7-1-13; 98-63, eff. 7-9-13; revised 7-23-13.)
 
17    Section 15. The Adult Protective Services Act is amended by
18changing Sections 2, 3, 3.5, 4, 5, 7.5, 8, 9, 13, and 15 as
19follows:
 
20    (320 ILCS 20/2)  (from Ch. 23, par. 6602)
21    Sec. 2. Definitions. As used in this Act, unless the
22context requires otherwise:
23    (a) "Abuse" means causing any physical, mental or sexual
24injury to an eligible adult, including exploitation of such

 

 

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1adult's financial resources.
2    Nothing in this Act shall be construed to mean that an
3eligible adult is a victim of abuse, neglect, or self-neglect
4for the sole reason that he or she is being furnished with or
5relies upon treatment by spiritual means through prayer alone,
6in accordance with the tenets and practices of a recognized
7church or religious denomination.
8    Nothing in this Act shall be construed to mean that an
9eligible adult is a victim of abuse because of health care
10services provided or not provided by licensed health care
11professionals.
12    (a-5) "Abuser" means a person who abuses, neglects, or
13financially exploits an eligible adult.
14    (a-6) "Adult with disabilities" means a person aged 18
15through 59 who resides in a domestic living situation and whose
16disability as defined in subsection (c-5) impairs his or her
17ability to seek or obtain protection from abuse, neglect, or
18exploitation.
19    (a-7) "Caregiver" means a person who either as a result of
20a family relationship, voluntarily, or in exchange for
21compensation has assumed responsibility for all or a portion of
22the care of an eligible adult who needs assistance with
23activities of daily living or instrumental activities of daily
24living.
25    (b) "Department" means the Department on Aging of the State
26of Illinois.

 

 

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1    (c) "Director" means the Director of the Department.
2    (c-5) "Disability" means a physical or mental disability,
3including, but not limited to, a developmental disability, an
4intellectual disability, a mental illness as defined under the
5Mental Health and Developmental Disabilities Code, or dementia
6as defined under the Alzheimer's Disease Assistance Act.
7    (d) "Domestic living situation" means a residence where the
8eligible adult at the time of the report lives alone or with
9his or her family or a caregiver, or others, or other
10community-based unlicensed facility, but is not:
11        (1) A licensed facility as defined in Section 1-113 of
12    the Nursing Home Care Act;
13        (1.5) A facility licensed under the ID/DD Community
14    Care Act;
15        (1.7) A facility licensed under the Specialized Mental
16    Health Rehabilitation Act of 2013;
17        (2) A "life care facility" as defined in the Life Care
18    Facilities Act;
19        (3) A home, institution, or other place operated by the
20    federal government or agency thereof or by the State of
21    Illinois;
22        (4) A hospital, sanitarium, or other institution, the
23    principal activity or business of which is the diagnosis,
24    care, and treatment of human illness through the
25    maintenance and operation of organized facilities
26    therefor, which is required to be licensed under the

 

 

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1    Hospital Licensing Act;
2        (5) A "community living facility" as defined in the
3    Community Living Facilities Licensing Act;
4        (6) (Blank);
5        (7) A "community-integrated living arrangement" as
6    defined in the Community-Integrated Living Arrangements
7    Licensure and Certification Act or a "community
8    residential alternative" as licensed under that Act;
9        (8) An assisted living or shared housing establishment
10    as defined in the Assisted Living and Shared Housing Act;
11    or
12        (9) A supportive living facility as described in
13    Section 5-5.01a of the Illinois Public Aid Code.
14    (e) "Eligible adult" means either an adult with
15disabilities aged 18 through 59 or a person aged 60 or older
16who resides in a domestic living situation and is, or is
17alleged to be, abused, neglected, or financially exploited by
18another individual or who neglects himself or herself.
19    (f) "Emergency" means a situation in which an eligible
20adult is living in conditions presenting a risk of death or
21physical, mental or sexual injury and the provider agency has
22reason to believe the eligible adult is unable to consent to
23services which would alleviate that risk.
24    (f-1) "Financial exploitation" means the use of an eligible
25adult's resources by another to the disadvantage of that adult
26or the profit or advantage of a person other than that adult.

 

 

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1    (f-5) "Mandated reporter" means any of the following
2persons while engaged in carrying out their professional
3duties:
4        (1) a professional or professional's delegate while
5    engaged in: (i) social services, (ii) law enforcement,
6    (iii) education, (iv) the care of an eligible adult or
7    eligible adults, or (v) any of the occupations required to
8    be licensed under the Clinical Psychologist Licensing Act,
9    the Clinical Social Work and Social Work Practice Act, the
10    Illinois Dental Practice Act, the Dietitian Nutritionist
11    Practice Act, the Marriage and Family Therapy Licensing
12    Act, the Medical Practice Act of 1987, the Naprapathic
13    Practice Act, the Nurse Practice Act, the Nursing Home
14    Administrators Licensing and Disciplinary Act, the
15    Illinois Occupational Therapy Practice Act, the Illinois
16    Optometric Practice Act of 1987, the Pharmacy Practice Act,
17    the Illinois Physical Therapy Act, the Physician Assistant
18    Practice Act of 1987, the Podiatric Medical Practice Act of
19    1987, the Respiratory Care Practice Act, the Professional
20    Counselor and Clinical Professional Counselor Licensing
21    and Practice Act, the Illinois Speech-Language Pathology
22    and Audiology Practice Act, the Veterinary Medicine and
23    Surgery Practice Act of 2004, and the Illinois Public
24    Accounting Act;
25        (1.5) an employee of an entity providing developmental
26    disabilities services or service coordination funded by

 

 

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1    the Department of Human Services;
2        (2) an employee of a vocational rehabilitation
3    facility prescribed or supervised by the Department of
4    Human Services;
5        (3) an administrator, employee, or person providing
6    services in or through an unlicensed community based
7    facility;
8        (4) any religious practitioner who provides treatment
9    by prayer or spiritual means alone in accordance with the
10    tenets and practices of a recognized church or religious
11    denomination, except as to information received in any
12    confession or sacred communication enjoined by the
13    discipline of the religious denomination to be held
14    confidential;
15        (5) field personnel of the Department of Healthcare and
16    Family Services, Department of Public Health, and
17    Department of Human Services, and any county or municipal
18    health department;
19        (6) personnel of the Department of Human Services, the
20    Guardianship and Advocacy Commission, the State Fire
21    Marshal, local fire departments, the Department on Aging
22    and its subsidiary Area Agencies on Aging and provider
23    agencies, and the Office of State Long Term Care Ombudsman;
24        (7) any employee of the State of Illinois not otherwise
25    specified herein who is involved in providing services to
26    eligible adults, including professionals providing medical

 

 

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1    or rehabilitation services and all other persons having
2    direct contact with eligible adults;
3        (8) a person who performs the duties of a coroner or
4    medical examiner; or
5        (9) a person who performs the duties of a paramedic or
6    an emergency medical technician.
7    (g) "Neglect" means another individual's failure to
8provide an eligible adult with or willful withholding from an
9eligible adult the necessities of life including, but not
10limited to, food, clothing, shelter or health care. This
11subsection does not create any new affirmative duty to provide
12support to eligible adults. Nothing in this Act shall be
13construed to mean that an eligible adult is a victim of neglect
14because of health care services provided or not provided by
15licensed health care professionals.
16    (h) "Provider agency" means any public or nonprofit agency
17in a planning and service area that is selected by the
18Department or appointed by the regional administrative agency
19with prior approval by the Department on Aging to receive and
20assess reports of alleged or suspected abuse, neglect, or
21financial exploitation. A provider agency is also referenced as
22a "designated agency" in this Act.
23    (i) "Regional administrative agency" means any public or
24nonprofit agency in a planning and service area that provides
25regional oversight and performs functions as set forth in
26subsection (b) of Section 3 of this Act. The Department shall

 

 

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1designate an Area Agency on Aging as the regional
2administrative agency or, in the event the Area Agency on Aging
3in that planning and service area is deemed by the Department
4to be unwilling or unable to provide those functions, the
5Department may serve as the regional administrative agency or
6designate another qualified entity to serve as the regional
7administrative agency; any such designation shall be subject to
8terms set forth by the Department. so designated by the
9Department, provided that the designated Area Agency on Aging
10shall be designated the regional administrative agency if it so
11requests. The Department shall assume the functions of the
12regional administrative agency for any planning and service
13area where another agency is not so designated.
14    (i-5) "Self-neglect" means a condition that is the result
15of an eligible adult's inability, due to physical or mental
16impairments, or both, or a diminished capacity, to perform
17essential self-care tasks that substantially threaten his or
18her own health, including: providing essential food, clothing,
19shelter, and health care; and obtaining goods and services
20necessary to maintain physical health, mental health,
21emotional well-being, and general safety. The term includes
22compulsive hoarding, which is characterized by the acquisition
23and retention of large quantities of items and materials that
24produce an extensively cluttered living space, which
25significantly impairs the performance of essential self-care
26tasks or otherwise substantially threatens life or safety.

 

 

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1    (j) "Substantiated case" means a reported case of alleged
2or suspected abuse, neglect, financial exploitation, or
3self-neglect in which a provider agency, after assessment,
4determines that there is reason to believe abuse, neglect, or
5financial exploitation has occurred.
6    (k) "Verified" means a determination that there is "clear
7and convincing evidence" that the specific injury or harm
8alleged was the result of abuse, neglect, or financial
9exploitation.
10(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-300,
11eff. 8-11-11; 97-706, eff. 6-25-12; 97-813, eff. 7-13-12;
1297-1141, eff. 12-28-12; 98-49, eff. 7-1-13; 98-104, eff.
137-22-13; revised 9-19-13.)
 
14    (320 ILCS 20/3)  (from Ch. 23, par. 6603)
15    Sec. 3. Responsibilities.
16    (a) The Department shall establish, design, and manage a
17protective services program for eligible adults who have been,
18or are alleged to be, victims of abuse, neglect, financial
19exploitation, or self-neglect. The Department shall contract
20with or fund, or contract with and fund, regional
21administrative agencies, provider agencies, or both, for the
22provision of those functions, and, contingent on adequate
23funding, with attorneys or legal services provider agencies for
24the provision of legal assistance pursuant to this Act. For
25self-neglect, the program shall include the following services

 

 

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1for eligible adults who have been removed from their residences
2for the purpose of cleanup or repairs: temporary housing;
3counseling; and caseworker services to try to ensure that the
4conditions necessitating the removal do not reoccur.
5    (a-1) The Department shall by rule develop standards for
6minimum staffing levels and staff qualifications. The
7Department shall by rule establish mandatory standards for the
8investigation of abuse, neglect, financial exploitation, or
9self-neglect of eligible adults and mandatory procedures for
10linking eligible adults to appropriate services and supports.
11    (a-5) A provider agency shall, in accordance with rules
12promulgated by the Department, establish a multi-disciplinary
13team to act in an advisory role for the purpose of providing
14professional knowledge and expertise in the handling of complex
15abuse cases involving eligible adults. Each multi-disciplinary
16team shall consist of one volunteer representative from the
17following professions: banking or finance; disability care;
18health care; law; law enforcement; mental health care; and
19clergy. A provider agency may also choose to add
20representatives from the fields of substance abuse, domestic
21violence, sexual assault, or other related fields. To support
22multi-disciplinary teams in this role, law enforcement
23agencies and coroners or medical examiners shall supply records
24as may be requested in particular cases.
25    (b) Each regional administrative agency shall designate
26provider agencies within its planning and service area with

 

 

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1prior approval by the Department on Aging, monitor the use of
2services, provide technical assistance to the provider
3agencies and be involved in program development activities.
4    (c) Provider agencies shall assist, to the extent possible,
5eligible adults who need agency services to allow them to
6continue to function independently. Such assistance shall
7include, but not be limited to, receiving reports of alleged or
8suspected abuse, neglect, financial exploitation, or
9self-neglect, conducting face-to-face assessments of such
10reported cases, determination of substantiated cases, referral
11of substantiated cases for necessary support services,
12referral of criminal conduct to law enforcement in accordance
13with Department guidelines, and provision of case work and
14follow-up services on substantiated cases. In the case of a
15report of alleged or suspected abuse or neglect that places an
16eligible adult at risk of injury or death, a provider agency
17shall respond to the report on an emergency basis in accordance
18with guidelines established by the Department by
19administrative rule and shall ensure that it is capable of
20responding to such a report 24 hours per day, 7 days per week.
21A provider agency may use an on-call system to respond to
22reports of alleged or suspected abuse or neglect after hours
23and on weekends.
24    (c-5) Where a provider agency has reason to believe that
25the death of an eligible adult may be the result of abuse or
26neglect, including any reports made after death, the agency

 

 

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1shall immediately report the matter to both the appropriate law
2enforcement agency and the coroner or medical examiner. Between
330 and 45 days after making such a report, the provider agency
4again shall contact the law enforcement agency and coroner or
5medical examiner to determine whether any further action was
6taken. Upon request by a provider agency, a law enforcement
7agency and coroner or medical examiner shall supply a summary
8of its action in response to a reported death of an eligible
9adult. A copy of the report shall be maintained and all
10subsequent follow-up with the law enforcement agency and
11coroner or medical examiner shall be documented in the case
12record of the eligible adult. If the law enforcement agency,
13coroner, or medical examiner determines the reported death was
14caused by abuse or neglect by a caregiver, the law enforcement
15agency, coroner, or medical examiner shall inform the
16Department, and the Department shall report the caregiver's
17identity on the Registry as described in Section 7.5 of this
18Act.
19    (d) Upon sufficient appropriations to implement a
20statewide program, the Department shall implement a program,
21based on the recommendations of the Self-Neglect Steering
22Committee, for (i) responding to reports of possible
23self-neglect, (ii) protecting the autonomy, rights, privacy,
24and privileges of adults during investigations of possible
25self-neglect and consequential judicial proceedings regarding
26competency, (iii) collecting and sharing relevant information

 

 

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1and data among the Department, provider agencies, regional
2administrative agencies, and relevant seniors, (iv) developing
3working agreements between provider agencies and law
4enforcement, where practicable, and (v) developing procedures
5for collecting data regarding incidents of self-neglect.
6(Source: P.A. 98-49, eff. 7-1-13.)
 
7    (320 ILCS 20/3.5)
8    Sec. 3.5. Other Responsibilities. The Department shall
9also be responsible for the following activities, contingent
10upon adequate funding; implementation shall be expanded to
11adults with disabilities upon the effective date of this
12amendatory Act of the 98th General Assembly, except those
13responsibilities under subsection (a), which shall be
14undertaken as soon as practicable:
15        (a) promotion of a wide range of endeavors for the
16    purpose of preventing abuse, neglect, financial
17    exploitation, and self-neglect, including, but not limited
18    to, promotion of public and professional education to
19    increase awareness of abuse, neglect, financial
20    exploitation, and self-neglect; to increase reports; to
21    establish access to and use of the Health Care Worker
22    Registry established under Section 7.5; and to improve
23    response by various legal, financial, social, and health
24    systems;
25        (b) coordination of efforts with other agencies,

 

 

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1    councils, and like entities, to include but not be limited
2    to, the Administrative Office of the Illinois Courts, the
3    Office of the Attorney General, the State Police, the
4    Illinois Law Enforcement Training Standards Board, the
5    State Triad, the Illinois Criminal Justice Information
6    Authority, the Departments of Public Health, Healthcare
7    and Family Services, and Human Services, the Illinois
8    Guardianship and Advocacy Commission, the Family Violence
9    Coordinating Council, the Illinois Violence Prevention
10    Authority, and other entities which may impact awareness
11    of, and response to, abuse, neglect, financial
12    exploitation, and self-neglect;
13        (c) collection and analysis of data;
14        (d) monitoring of the performance of regional
15    administrative agencies and adult protective services
16    agencies;
17        (e) promotion of prevention activities;
18        (f) establishing and coordinating an aggressive
19    training program on the unique nature of adult abuse cases
20    with other agencies, councils, and like entities, to
21    include but not be limited to the Office of the Attorney
22    General, the State Police, the Illinois Law Enforcement
23    Training Standards Board, the State Triad, the Illinois
24    Criminal Justice Information Authority, the State
25    Departments of Public Health, Healthcare and Family
26    Services, and Human Services, the Family Violence

 

 

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1    Coordinating Council, the Illinois Violence Prevention
2    Authority, the agency designated by the Governor under
3    Section 1 of the Protection and Advocacy for
4    Developmentally Disabled Persons Act, and other entities
5    that may impact awareness of and response to abuse,
6    neglect, financial exploitation, and self-neglect;
7        (g) solicitation of financial institutions for the
8    purpose of making information available to the general
9    public warning of financial exploitation of adults and
10    related financial fraud or abuse, including such
11    information and warnings available through signage or
12    other written materials provided by the Department on the
13    premises of such financial institutions, provided that the
14    manner of displaying or distributing such information is
15    subject to the sole discretion of each financial
16    institution;
17        (g-1) developing by joint rulemaking with the
18    Department of Financial and Professional Regulation
19    minimum training standards which shall be used by financial
20    institutions for their current and new employees with
21    direct customer contact; the Department of Financial and
22    Professional Regulation shall retain sole visitation and
23    enforcement authority under this subsection (g-1); the
24    Department of Financial and Professional Regulation shall
25    provide bi-annual reports to the Department setting forth
26    aggregate statistics on the training programs required

 

 

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1    under this subsection (g-1); and
2        (h) coordinating efforts with utility and electric
3    companies to send notices in utility bills to explain to
4    persons 60 years of age or older their rights regarding
5    telemarketing and home repair fraud.
6(Source: P.A. 98-49, eff. 7-1-13.)
 
7    (320 ILCS 20/4)  (from Ch. 23, par. 6604)
8    Sec. 4. Reports of abuse or neglect.
9    (a) Any person who suspects the abuse, neglect, financial
10exploitation, or self-neglect of an eligible adult may report
11this suspicion to an agency designated to receive such reports
12under this Act or to the Department.
13    (a-5) If any mandated reporter has reason to believe that
14an eligible adult, who because of a disability or other
15condition or impairment is unable to seek assistance for
16himself or herself, has, within the previous 12 months, been
17subjected to abuse, neglect, or financial exploitation, the
18mandated reporter shall, within 24 hours after developing such
19belief, report this suspicion to an agency designated to
20receive such reports under this Act or to the Department. The
21agency designated to receive such reports under this Act or the
22Department may establish a manner in which a mandated reporter
23can make the required report through an Internet reporting
24tool. Information sent and received through the Internet
25reporting tool is subject to the same rules in this Act as

 

 

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1other types of confidential reporting established by the
2designated agency or the Department. Whenever a mandated
3reporter is required to report under this Act in his or her
4capacity as a member of the staff of a medical or other public
5or private institution, facility, or agency, he or she shall
6make a report to an agency designated to receive such reports
7under this Act or to the Department in accordance with the
8provisions of this Act and may also notify the person in charge
9of the institution, facility, board and care home, or agency or
10his or her designated agent that the report has been made.
11Under no circumstances shall any person in charge of such
12institution, facility, board and care home, or agency, or his
13or her designated agent to whom the notification has been made,
14exercise any control, restraint, modification, or other change
15in the report or the forwarding of the report to an agency
16designated to receive such reports under this Act or to the
17Department. The privileged quality of communication between
18any professional person required to report and his or her
19patient or client shall not apply to situations involving
20abused, neglected, or financially exploited eligible adults
21and shall not constitute grounds for failure to report as
22required by this Act.
23    (a-7) A person making a report under this Act in the belief
24that it is in the alleged victim's best interest shall be
25immune from criminal or civil liability or professional
26disciplinary action on account of making the report,

 

 

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1notwithstanding any requirements concerning the
2confidentiality of information with respect to such eligible
3adult which might otherwise be applicable.
4    (a-9) Law enforcement officers shall continue to report
5incidents of alleged abuse pursuant to the Illinois Domestic
6Violence Act of 1986, notwithstanding any requirements under
7this Act.
8    (b) Any person, institution or agency participating in the
9making of a report, providing information or records related to
10a report, assessment, or services, or participating in the
11investigation of a report under this Act in good faith, or
12taking photographs or x-rays as a result of an authorized
13assessment, shall have immunity from any civil, criminal or
14other liability in any civil, criminal or other proceeding
15brought in consequence of making such report or assessment or
16on account of submitting or otherwise disclosing such
17photographs or x-rays to any agency designated to receive
18reports of alleged or suspected abuse or neglect. Any person,
19institution or agency authorized by the Department to provide
20assessment, intervention, or administrative services under
21this Act shall, in the good faith performance of those
22services, have immunity from any civil, criminal or other
23liability in any civil, criminal, or other proceeding brought
24as a consequence of the performance of those services. For the
25purposes of any civil, criminal, or other proceeding, the good
26faith of any person required to report, permitted to report, or

 

 

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1participating in an investigation of a report of alleged or
2suspected abuse, neglect, financial exploitation, or
3self-neglect shall be presumed.
4    (c) The identity of a person making a report of alleged or
5suspected abuse, neglect, financial exploitation, or
6self-neglect under this Act may be disclosed by the Department
7or other agency provided for in this Act only with such
8person's written consent or by court order, but is otherwise
9confidential.
10    (d) The Department shall by rule establish a system for
11filing and compiling reports made under this Act.
12    (e) Any physician who willfully fails to report as required
13by this Act shall be referred to the Illinois State Medical
14Disciplinary Board for action in accordance with subdivision
15(A)(22) of Section 22 of the Medical Practice Act of 1987. Any
16dentist or dental hygienist who willfully fails to report as
17required by this Act shall be referred to the Department of
18Professional Regulation for action in accordance with
19paragraph 19 of Section 23 of the Illinois Dental Practice Act.
20Any optometrist who willfully fails to report as required by
21this Act shall be referred to the Department of Financial and
22Professional Regulation for action in accordance with
23paragraph (15) of subsection (a) of Section 24 of the Illinois
24Optometric Practice Act of 1987. Any other mandated reporter
25required by this Act to report suspected abuse, neglect, or
26financial exploitation who willfully fails to report the same

 

 

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1is guilty of a Class A misdemeanor.
2(Source: P.A. 97-860, eff. 7-30-12; 98-49, eff. 7-1-13.)
 
3    (320 ILCS 20/5)  (from Ch. 23, par. 6605)
4    Sec. 5. Procedure.
5    (a) A provider agency designated to receive reports of
6alleged or suspected abuse, neglect, financial exploitation,
7or self-neglect under this Act shall, upon receiving such a
8report, conduct a face-to-face assessment with respect to such
9report, in accord with established law and Department
10protocols, procedures, and policies. Face-to-face assessments,
11casework, and follow-up of reports of self-neglect by the
12provider agencies designated to receive reports of
13self-neglect shall be subject to sufficient appropriation for
14statewide implementation of assessments, casework, and
15follow-up of reports of self-neglect. In the absence of
16sufficient appropriation for statewide implementation of
17assessments, casework, and follow-up of reports of
18self-neglect, the designated adult protective services
19provider agency shall refer all reports of self-neglect to the
20appropriate agency or agencies as designated by the Department
21for any follow-up. The assessment shall include, but not be
22limited to, a visit to the residence of the eligible adult who
23is the subject of the report and may include interviews or
24consultations with service agencies or individuals who may have
25knowledge of the eligible adult's circumstances. If, after the

 

 

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1assessment, the provider agency determines that the case is
2substantiated it shall develop a service care plan for the
3eligible adult and may report its findings at any time during
4the case to the appropriate law enforcement agency in accord
5with established law and Department protocols, procedures, and
6policies. In developing a case plan, the provider agency may
7consult with any other appropriate provider of services, and
8such providers shall be immune from civil or criminal liability
9on account of such acts. The plan shall include alternative
10suggested or recommended services which are appropriate to the
11needs of the eligible adult and which involve the least
12restriction of the eligible adult's activities commensurate
13with his or her needs. Only those services to which consent is
14provided in accordance with Section 9 of this Act shall be
15provided, contingent upon the availability of such services.
16    (b) A provider agency shall refer evidence of crimes
17against an eligible adult to the appropriate law enforcement
18agency according to Department policies. A referral to law
19enforcement may be made at intake or any time during the case.
20Where a provider agency has reason to believe the death of an
21eligible adult may be the result of abuse or neglect, the
22agency shall immediately report the matter to the coroner or
23medical examiner and shall cooperate fully with any subsequent
24investigation.
25    (c) If any person other than the alleged victim refuses to
26allow the provider agency to begin an investigation, interferes

 

 

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1with the provider agency's ability to conduct an investigation,
2or refuses to give access to an eligible adult, the appropriate
3law enforcement agency must be consulted regarding the
4investigation.
5(Source: P.A. 98-49, eff. 7-1-13.)
 
6    (320 ILCS 20/7.5)
7    Sec. 7.5. Health Care Worker Registry.
8    (a) To protect individuals receiving in-home and
9community-based services, the Department on Aging shall
10establish an Adult Protective Service Registry that will be
11hosted by the Department of Public Health on its website
12effective January 1, 2015, and, if practicable, shall propose
13rules for the Registry by January 1, 2015.
14    (a-5) The Registry shall identify caregivers against whom a
15verified and substantiated finding was made under this Act of
16abuse, neglect, or financial exploitation.
17    The information in the Registry shall be confidential
18except as specifically authorized in this Act and shall not be
19deemed a public record.
20    (a-10) (a) Reporting to the Registry. The Department on
21Aging shall report to the to the Department of Public Health's
22Health Care Worker Registry the identity of the caregiver when
23a and administrative finding of a verified and substantiated
24finding decision of abuse, neglect, or financial exploitation
25of an eligible adult under this Act that is made against a

 

 

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1caregiver, and all appeals, challenges, and reviews, if any,
2have been completed and a finding for placement on the Registry
3has been sustained or upheld. any caregiver , including
4consultants and volunteers, employed by a provider licensed,
5certified, or regulated by, or paid with public funds from, the
6Department of Public Health, Healthcare and Family Services, or
7Human Services, or the Department on Aging. For uncompensated
8or privately paid caregivers, the Department on Aging shall
9report only a verified and substantiated decision of
10significant abuse, neglect, or financial exploitation of an
11eligible adult under this Act.
12    A An administrative finding against a caregiver that is
13placed in the Registry shall preclude that any caregiver from
14providing direct care, as defined in this Section access or
15other services, including consulting and volunteering, in a
16position with or that is regulated by or paid with public funds
17from the Department on Aging, the Department of Healthcare and
18Family Services, the Department of Human Services, or the
19Department of Public Health or with an entity or provider
20licensed, certified, or regulated by or paid with public funds
21from any of these State agencies a provider that is licensed,
22certified, or regulated by, or paid with public funds from or
23on behalf of, the State of Illinois or any Department thereof,
24that permits the caregiver direct access to an adult aged 60 or
25older or an adult, over 18, with a disability or to that
26individual's living quarters or personal, financial, or

 

 

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1medical records.
2    (b) Definitions. As used in this Section:
3    "Direct care" includes, but is not limited to, direct
4access to a person aged 60 or older or to an adult with
5disabilities aged 18 through 59 to an individual, his or her
6living quarters, or his or her personal, financial, or medical
7records for the purpose of providing nursing care or assistance
8with feeding, dressing, movement, bathing, toileting, other
9personal needs and activities of daily living or instrumental
10activities of daily living, or assistance with financial
11transactions.
12    "Participant" means an individual who uses the services of
13an in-home care program funded through the Department on Aging,
14the Department of Healthcare and Family Services, the
15Department of Human Services, or the Department of Public
16Health.
17    "Privately paid caregiver" means any caregiver who has been
18paid with resources other than public funds, regardless of
19licensure, certification, or regulation by the State of
20Illinois and any Department thereof. A privately paid caregiver
21does not include any caregiver that has been licensed,
22certified, or regulated by a State agency, or paid with public
23funds.
24    "Significant" means a finding of abuse, neglect, or
25financial exploitation as determined by the Department that (i)
26represents a meaningful failure to adequately provide for, or a

 

 

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1material indifference to, the financial, health, safety, or
2medical needs of an eligible adult or (ii) results in an
3eligible adult's death or other serious deterioration of an
4eligible adult's financial resources, physical condition, or
5mental condition.
6    "Uncompensated caregiver" means a caregiver who, in an
7informal capacity, assists an eligible adult with activities of
8daily living, financial transactions, or chore housekeeping
9type duties. "Uncompensated caregiver" does not refer to an
10individual serving in a formal capacity as a volunteer with a
11provider licensed, certified, or regulated by a State agency.
12    (c) Access to and use of the Registry. Access to the
13Registry shall be limited to the Department on Aging, the
14Department of Healthcare and Family Services, the Department of
15Human Services, and the Department of Public Health and
16providers of direct care as described in subsection (a-10) of
17this Section. These State agencies and providers licensed,
18certified, or regulated providers by the Department of Public
19Health, Healthcare and Family Service, or Human Services, or
20the Department on Aging. The State of Illinois, any Department
21thereof, or a provider licensed, certified, or regulated, or
22paid with public funds by, from, or on behalf of the Department
23of Public Health, Healthcare and Family Services, or Human
24Services, or the Department on Aging, shall not hire, or
25compensate either directly or on behalf of a participant, or
26utilize the services of any person seeking employment, retain

 

 

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1any contractors, or accept any volunteers to provide direct
2care without first conducting an online check of whether the
3person has been placed on the Registry the person through the
4Department of Public Health's Health Care Worker Registry.
5These State agencies and providers The provider shall maintain
6a copy of the results of the online check to demonstrate
7compliance with this requirement. These State agencies and
8providers are The provider is prohibited from retaining,
9hiring, compensating either directly or on behalf of a
10participant, or utilizing the services of accepting a person to
11provide direct care if , including as a consultant or volunteer,
12for whom the online check of the person reveals a verified and
13substantiated finding claim of abuse, neglect, or financial
14exploitation that has been placed on the Registry or when the
15State agencies or providers otherwise gain knowledge of such
16placement on the Registry , to provide direct access to any
17adult aged 60 or older or any adult, over 18, with a
18disability. Additionally, a provider is prohibited from
19retaining a person for whom they gain knowledge of a verified
20and substantiated claim of abuse, neglect, or financial
21exploitation in a position that permits the caregiver direct
22access to provide direct care to any adult aged 60 or older or
23any adult, over 18, with a disability or direct access to that
24individual's living quarters or personal, financial, or
25medical records. Failure to comply with this requirement may
26subject such a provider to corrective action by the appropriate

 

 

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1regulatory agency or other lawful remedies provided under the
2applicable licensure, certification, or regulatory laws and
3rules.
4    (d) Notice to caregiver. The Department on Aging shall
5establish rules concerning notice to the caregiver in cases of
6a verified and substantiated finding of abuse, neglect, or
7financial exploitation against him or her that may make him or
8her eligible for placement on the Registry.
9    (e) Notification to eligible adults, guardians, or agents.
10As part of its investigation, the Department on Aging shall
11notify an eligible adult, or an eligible adult's guardian or
12agent, that his or her a caregiver's name may be placed on the
13Registry based on a finding as described in subsection (a-10)
14(a-1) of this Section.
15    (f) Notification to employer. The Department on Aging shall
16notify the appropriate State agency or provider of direct care,
17as described in subsection (a-10), when there is A provider
18licensed, certified, or regulated by the Department of Public
19Health, Healthcare and Family Services, or Human Services, or
20the Department on Aging shall be notified of an administrative
21finding against any caregiver who is an employee, consultant,
22or volunteer of a verified and substantiated finding decision
23of abuse, neglect, or financial exploitation in a case of an
24eligible adult under this Act that is reported on the Registry
25and that involves one of its caregivers. That State agency or
26provider is prohibited from retaining or compensating that

 

 

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1individual in a position that involves direct care, and if . If
2there is an imminent risk of danger to the victim eligible
3adult or an imminent risk of misuse of personal, medical, or
4financial information, that the caregiver shall immediately be
5barred from providing direct care access to the victim eligible
6adult, his or her living quarters, or his or her personal,
7financial, or medical records, pending the outcome of any
8challenge, appeal, criminal prosecution, or other type of
9collateral action.
10    (g) Challenges and appeals Caregiver challenges. The
11Department on Aging shall establish, by rule, procedures
12concerning caregiver challenges and appeals to placement on the
13Registry pursuant to legislative intent. The Department shall
14not make any report to the Registry pending challenges or
15appeals.
16    (h) Caregiver's rights to collateral action. The
17Department on Aging shall not make any report to the Registry
18if a caregiver notifies the Department in writing, including
19any supporting documentation, that he or she is formally
20challenging an adverse employment action resulting from a
21verified and substantiated finding of abuse, neglect, or
22financial exploitation by complaint filed with the Illinois
23Civil Service Commission, or by another means which seeks to
24enforce the caregiver's rights pursuant to any applicable
25collective bargaining agreement. If an action taken by an
26employer against a caregiver as a result of a such a finding of

 

 

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1abuse, neglect, or financial exploitation is overturned
2through an action filed with the Illinois Civil Service
3Commission or under any applicable collective bargaining
4agreement after that caregiver's name has already been sent to
5the Registry, the caregiver's name shall be removed from the
6Registry.
7    (i) Removal from Registry. At any time after a report to
8the Registry, but no more than once in each successive 3-year
9period thereafter, for a maximum of 3 such requests, a
10caregiver may write to the Director of the Department on Aging
11to request removal of his or her name from the Registry in
12relationship to a single incident. The caregiver shall bear the
13burden of establishing showing cause that establishes, by a
14preponderance of the evidence, that removal of his or her name
15from the Registry is in the public interest. Upon receiving
16such a request, the Department on Aging shall conduct an
17investigation and consider any evidentiary material provided.
18The Department shall issue a decision either granting or
19denying removal within 60 calendar days, and shall issue such
20decision to the caregiver and report it to the Registry. The
21waiver process at the Department of Public Health does not
22apply to Registry reports from the Department on Aging. The
23Department on Aging shall, by rule, establish standards and a
24process for requesting the removal of a name from the Registry
25by rule.
26    (j) Referral of Registry reports to health care facilities.

 

 

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1In the event an eligible adult receiving services from a
2provider agency changes his or her residence from a domestic
3living situation to that of a health care or long term care
4facility, the provider agency shall use reasonable efforts to
5promptly inform the health care facility and the appropriate
6Regional Long Term Care Ombudsman about any Registry reports
7relating to the eligible adult. For purposes of this Section, a
8health care or long term care facility includes, but is not
9limited to, any residential facility licensed, certified, or
10regulated by the Department of Public Health, Healthcare and
11Family Services, or Human Services.
12    (k) The Department on Aging and its employees and agents
13shall have immunity, except for intentional willful and wanton
14misconduct, from any liability, civil, criminal, or otherwise,
15for reporting information to and maintaining the Registry.
16(Source: P.A. 98-49, eff. 1-1-14; revised 11-12-13.)
 
17    (320 ILCS 20/8)  (from Ch. 23, par. 6608)
18    Sec. 8. Access to records. All records concerning reports
19of abuse, neglect, financial exploitation, or self-neglect and
20all records generated as a result of such reports shall be
21confidential and shall not be disclosed except as specifically
22authorized by this Act or other applicable law. In accord with
23established law and Department protocols, procedures, and
24policies, access to such records, but not access to the
25identity of the person or persons making a report of alleged

 

 

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1abuse, neglect, financial exploitation, or self-neglect as
2contained in such records, shall be provided, upon request, to
3the following persons and for the following persons:
4        (1) Department staff, provider agency staff, other
5    aging network staff, and regional administrative agency
6    staff, including staff of the Chicago Department on Aging
7    while that agency is designated as a regional
8    administrative agency, in the furtherance of their
9    responsibilities under this Act;
10        (2) A law enforcement agency investigating known or
11    suspected abuse, neglect, financial exploitation, or
12    self-neglect. Where a provider agency has reason to believe
13    that the death of an eligible adult may be the result of
14    abuse or neglect, including any reports made after death,
15    the agency shall immediately provide the appropriate law
16    enforcement agency with all records pertaining to the
17    eligible adult;
18        (2.5) A law enforcement agency, fire department
19    agency, or fire protection district having proper
20    jurisdiction pursuant to a written agreement between a
21    provider agency and the law enforcement agency, fire
22    department agency, or fire protection district under which
23    the provider agency may furnish to the law enforcement
24    agency, fire department agency, or fire protection
25    district a list of all eligible adults who may be at
26    imminent risk of abuse, neglect, financial exploitation,

 

 

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1    or self-neglect;
2        (3) A physician who has before him or her or who is
3    involved in the treatment of an eligible adult whom he or
4    she reasonably suspects may be abused, neglected,
5    financially exploited, or self-neglected or who has been
6    referred to the Adult Protective Services Program;
7        (4) An eligible adult reported to be abused, neglected,
8    financially exploited, or self-neglected, or such adult's
9    authorized guardian or agent, unless such guardian or agent
10    is the abuser or the alleged abuser;
11        (4.5) An executor or administrator of the estate of an
12    eligible adult who is deceased;
13        (5) In cases regarding abuse, neglect, or financial
14    exploitation, a court or a guardian ad litem, upon its or
15    his or her finding that access to such records may be
16    necessary for the determination of an issue before the
17    court. However, such access shall be limited to an in
18    camera inspection of the records, unless the court
19    determines that disclosure of the information contained
20    therein is necessary for the resolution of an issue then
21    pending before it;
22        (5.5) In cases regarding self-neglect, a guardian ad
23    litem;
24        (6) A grand jury, upon its determination that access to
25    such records is necessary in the conduct of its official
26    business;

 

 

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1        (7) Any person authorized by the Director, in writing,
2    for audit or bona fide research purposes;
3        (8) A coroner or medical examiner who has reason to
4    believe that an eligible adult has died as the result of
5    abuse, neglect, financial exploitation, or self-neglect.
6    The provider agency shall immediately provide the coroner
7    or medical examiner with all records pertaining to the
8    eligible adult;
9        (8.5) A coroner or medical examiner having proper
10    jurisdiction, pursuant to a written agreement between a
11    provider agency and the coroner or medical examiner, under
12    which the provider agency may furnish to the office of the
13    coroner or medical examiner a list of all eligible adults
14    who may be at imminent risk of death as a result of abuse,
15    neglect, financial exploitation, or self-neglect;
16        (9) Department of Financial and Professional
17    Regulation staff and members of the Illinois Medical
18    Disciplinary Board or the Social Work Examining and
19    Disciplinary Board in the course of investigating alleged
20    violations of the Clinical Social Work and Social Work
21    Practice Act by provider agency staff or other licensing
22    bodies at the discretion of the Director of the Department
23    on Aging;
24        (9-a) Department of Healthcare and Family Services
25    staff when that Department is funding services to the
26    eligible adult, including access to the identity of the

 

 

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1    eligible adult;
2        (9-b) Department of Human Services staff when that
3    Department is funding services to the eligible adult or is
4    providing reimbursement for services provided by the
5    abuser or alleged abuser, including access to the identity
6    of the eligible adult;
7        (10) Hearing officers in the course of conducting an
8    administrative hearing under this Act; parties to such
9    hearing shall be entitled to discovery as established by
10    rule; to determine whether a verified and substantiated
11    finding of significant abuse, neglect, or financial
12    exploitation of an eligible adult by a caregiver warrants
13    reporting to the Health Care Worker Registry; and
14        (11) A caregiver who challenges placement on the
15    Registry shall be given the statement of allegations in the
16    abuse report and the substantiation decision in the final
17    investigative report; and
18        (12) (11) The Illinois Guardianship and Advocacy
19    Commission and the agency designated by the Governor under
20    Section 1 of the Protection and Advocacy for
21    Developmentally Disabled Persons Act shall have access,
22    through the Department, to records, including the
23    findings, pertaining to a completed or closed
24    investigation of a report of suspected abuse, neglect,
25    financial exploitation, or self-neglect of an eligible
26    adult.

 

 

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1(Source: P.A. 97-864, eff. 1-1-13; 98-49, eff. 7-1-13.)
 
2    (320 ILCS 20/9)  (from Ch. 23, par. 6609)
3    Sec. 9. Authority to consent to services.
4    (a) If an eligible adult consents to an assessment of a
5reported incident of suspected abuse, neglect, financial
6exploitation, or self-neglect and, following the assessment of
7such report, consents to services being provided according to
8the case plan, such services shall be arranged to meet the
9adult's needs, based upon the availability of resources to
10provide such services. If an adult withdraws his or her consent
11for an assessment of the reported incident or withdraws his or
12her consent for services and refuses to accept such services,
13the services shall not be provided.
14    (b) If it reasonably appears to the Department or other
15agency designated under this Act that a person is an eligible
16adult and lacks the capacity to consent to an assessment of a
17reported incident of suspected abuse, neglect, financial
18exploitation, or self-neglect or to necessary services, the
19Department or other agency shall take appropriate action
20necessary to ameliorate risk to the eligible adult if there is
21a threat of ongoing harm or another emergency exists. The
22Department or other agency shall be authorized to seek the
23notify the Illinois Guardianship and Advocacy Commission, the
24Office of State Guardian, or any other appropriate agency, of
25the potential need for appointment of a temporary guardian as

 

 

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1provided in Article XIa of the Probate Act of 1975 for the
2purpose of consenting to an assessment of the reported incident
3and such services, together with an order for an evaluation of
4the eligible adult's physical, psychological, and medical
5condition and decisional capacity.
6    (c) A guardian of the person of an eligible adult may
7consent to an assessment of the reported incident and to
8services being provided according to the case plan. If an
9eligible adult lacks capacity to consent, an agent having
10authority under a power of attorney may consent to an
11assessment of the reported incident and to services. If the
12guardian or agent is the suspected abuser and he or she
13withdraws consent for the assessment of the reported incident,
14or refuses to allow services to be provided to the eligible
15adult, the Department, an agency designated under this Act, or
16the office of the Attorney General may request a court order
17seeking appropriate remedies, and may in addition request
18removal of the guardian and appointment of a successor guardian
19or request removal of the agent and appointment of a guardian.
20    (d) If an emergency exists and the Department or other
21agency designated under this Act reasonably believes that a
22person is an eligible adult and lacks the capacity to consent
23to necessary services, the Department or other agency may
24request an ex parte order from the circuit court of the county
25in which the petitioner or respondent resides or in which the
26alleged abuse, neglect, financial exploitation, or

 

 

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1self-neglect occurred, authorizing an assessment of a report of
2alleged or suspected abuse, neglect, financial exploitation,
3or self-neglect or the provision of necessary services, or
4both, including relief available under the Illinois Domestic
5Violence Act of 1986 in accord with established law and
6Department protocols, procedures, and policies. Petitions
7filed under this subsection shall be treated as expedited
8proceedings. When an eligible adult is at risk of serious
9injury or death and it reasonably appears that the eligible
10adult lacks capacity to consent to necessary services, the
11Department or other agency designated under this Act may take
12action necessary to ameliorate the risk in accordance with
13administrative rules promulgated by the Department.
14    (d-5) For purposes of this Section, an eligible adult
15"lacks the capacity to consent" if qualified staff of an agency
16designated under this Act reasonably determine, in accordance
17with administrative rules promulgated by the Department, that
18he or she appears either (i) unable to receive and evaluate
19information related to the assessment or services or (ii)
20unable to communicate in any manner decisions related to the
21assessment of the reported incident or services.
22    (e) Within 15 days after the entry of the ex parte
23emergency order, the order shall expire, or, if the need for
24assessment of the reported incident or services continues, the
25provider agency shall petition for the appointment of a
26guardian as provided in Article XIa of the Probate Act of 1975

 

 

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1for the purpose of consenting to such assessment or services or
2to protect the eligible adult from further harm.
3    (f) If the court enters an ex parte order under subsection
4(d) for an assessment of a reported incident of alleged or
5suspected abuse, neglect, financial exploitation, or
6self-neglect, or for the provision of necessary services in
7connection with alleged or suspected self-neglect, or for both,
8the court, as soon as is practicable thereafter, shall appoint
9a guardian ad litem for the eligible adult who is the subject
10of the order, for the purpose of reviewing the reasonableness
11of the order. The guardian ad litem shall review the order and,
12if the guardian ad litem reasonably believes that the order is
13unreasonable, the guardian ad litem shall file a petition with
14the court stating the guardian ad litem's belief and requesting
15that the order be vacated.
16    (g) In all cases in which there is a substantiated finding
17of abuse, neglect, or financial exploitation by a guardian, the
18Department shall, within 30 days after the finding, notify the
19Probate Court with jurisdiction over the guardianship.
20(Source: P.A. 98-49, eff. 7-1-13.)
 
21    (320 ILCS 20/13)
22    Sec. 13. Access.
23    (a) In accord with established law and Department
24protocols, procedures, and policies, the designated provider
25agencies shall have access to eligible adults who have been

 

 

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1reported or found to be victims of abuse, neglect, financial
2exploitation, or self-neglect in order to assess the validity
3of the report, assess other needs of the eligible adult, and
4provide services in accordance with this Act.
5    (a-5) A representative of the Department or a designated
6provider agency that is actively involved in an abuse, neglect,
7financial exploitation, or self-neglect investigation under
8this Act shall be allowed access to the financial records,
9mental and physical health records, and other relevant
10evaluative records of the eligible adult which are in the
11possession of any individual, financial institution, health
12care provider, mental health provider, educational facility,
13or other facility if necessary to complete the investigation
14mandated by this Act. The provider or facility shall provide
15such records to the representative upon receipt of a written
16request and certification from the Department or designated
17provider agency that an investigation is being conducted under
18this Act and the records are pertinent to the investigation.
19    Any records received by such representative, the
20confidentiality of which is protected by another law or rule,
21shall be maintained as confidential, except for such use as may
22be necessary for any administrative or other legal proceeding.
23    (b) Where access to an eligible adult is denied, including
24the refusal to provide requested records, the Office of the
25Attorney General, the Department, or the provider agency may
26petition the court for an order to require appropriate access

 

 

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1where:
2        (1) a caregiver or third party has interfered with the
3    assessment or service plan, or
4        (2) the agency has reason to believe that the eligible
5    adult is denying access because of coercion, extortion, or
6    justifiable fear of future abuse, neglect, or financial
7    exploitation.
8    (c) The petition for an order requiring appropriate access
9shall be afforded an expedited hearing in the circuit court.
10    (d) If the provider agency has substantiated financial
11exploitation against an eligible adult, and has documented a
12reasonable belief that the eligible adult will be irreparably
13harmed as a result of the financial exploitation, the Office of
14the Attorney General, the Department, or the provider agency
15may petition for an order freezing the assets of the eligible
16adult. The petition shall be filed in the county or counties in
17which the assets are located. The court's order shall prohibit
18the sale, gifting, transfer, or wasting of the assets of the
19eligible adult, both real and personal, owned by, or vested in,
20the eligible adult, without the express permission of the
21court. The petition to freeze the assets of the eligible adult
22shall be afforded an expedited hearing in the circuit court.
23(Source: P.A. 96-526, eff. 1-1-10.)
 
24    (320 ILCS 20/15)
25    Sec. 15. Abuse Fatality Review Teams.

 

 

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1    (a) State policy.
2        (1) Both the State and the community maintain a
3    commitment to preventing the abuse, neglect, and financial
4    exploitation of at-risk adults. This includes a charge to
5    bring perpetrators of crimes against at-risk adults to
6    justice and prevent untimely deaths in the community.
7        (2) When an at-risk adult dies, the response to the
8    death by the community, law enforcement, and the State must
9    include an accurate and complete determination of the cause
10    of death, and the development and implementation of
11    measures to prevent future deaths from similar causes.
12        (3) Multidisciplinary and multi-agency reviews of
13    deaths can assist the State and counties in developing a
14    greater understanding of the incidence and causes of
15    premature deaths and the methods for preventing those
16    deaths, improving methods for investigating deaths, and
17    identifying gaps in services to at-risk adults.
18        (4) Access to information regarding the deceased
19    person and his or her family by multidisciplinary and
20    multi-agency at-risk adult fatality review teams is
21    necessary in order to fulfill their purposes and duties.
22    (a-5) Definitions. As used in this Section:
23        "Advisory Council" means the Illinois At-Risk Adult
24    Fatality Review Team Advisory Council.
25        "Review Team" means a regional interagency at-risk
26    adult fatality review team.

 

 

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1    (b) The Director, in consultation with the Advisory
2Council, law enforcement, and other professionals who work in
3the fields of investigating, treating, or preventing abuse or
4neglect of at-risk adults, shall appoint members to a minimum
5of one review team in each of the Department's planning and
6service areas. Each member of a review team shall be appointed
7for a 2-year term and shall be eligible for reappointment upon
8the expiration of the term. A review team's purpose in
9conducting review of at-risk adult deaths is: (i) to assist
10local agencies in identifying and reviewing suspicious deaths
11of adult victims of alleged, suspected, or substantiated abuse
12or neglect in domestic living situations; (ii) to facilitate
13communications between officials responsible for autopsies and
14inquests and persons involved in reporting or investigating
15alleged or suspected cases of abuse, neglect, or financial
16exploitation of at-risk adults and persons involved in
17providing services to at-risk adults; (iii) to evaluate means
18by which the death might have been prevented; and (iv) to
19report its findings to the appropriate agencies and the
20Advisory Council and make recommendations that may help to
21reduce the number of at-risk adult deaths caused by abuse and
22neglect and that may help to improve the investigations of
23deaths of at-risk adults and increase prosecutions, if
24appropriate.
25    (b-5) Each such team shall be composed of representatives
26of entities and individuals including, but not limited to:

 

 

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1        (1) the Department on Aging;
2        (2) coroners or medical examiners (or both);
3        (3) State's Attorneys;
4        (4) local police departments;
5        (5) forensic units;
6        (6) local health departments;
7        (7) a social service or health care agency that
8    provides services to persons with mental illness, in a
9    program whose accreditation to provide such services is
10    recognized by the Division of Mental Health within the
11    Department of Human Services;
12        (8) a social service or health care agency that
13    provides services to persons with developmental
14    disabilities, in a program whose accreditation to provide
15    such services is recognized by the Division of
16    Developmental Disabilities within the Department of Human
17    Services;
18        (9) a local hospital, trauma center, or provider of
19    emergency medicine;
20        (10) providers of services for eligible adults in
21    domestic living situations; and
22        (11) a physician, psychiatrist, or other health care
23    provider knowledgeable about abuse and neglect of at-risk
24    adults.
25    (c) A review team shall review cases of deaths of at-risk
26adults occurring in its planning and service area (i) involving

 

 

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1blunt force trauma or an undetermined manner or suspicious
2cause of death, (ii) if requested by the deceased's attending
3physician or an emergency room physician, (iii) upon referral
4by a health care provider, (iv) upon referral by a coroner or
5medical examiner, (v) constituting an open or closed case from
6an adult protective services agency, law enforcement agency,
7State's Attorney's office, or the Department of Human Services'
8Office of the Inspector General that involves alleged or
9suspected abuse, neglect, or financial exploitation; or (vi)
10upon referral by a law enforcement agency or State's Attorney's
11office. If such a death occurs in a planning and service area
12where a review team has not yet been established, the Director
13shall request that the Advisory Council or another review team
14review that death. A team may also review deaths of at-risk
15adults if the alleged abuse or neglect occurred while the
16person was residing in a domestic living situation.
17    A review team shall meet not less than 6 times a year to
18discuss cases for its possible review. Each review team, with
19the advice and consent of the Department, shall establish
20criteria to be used in discussing cases of alleged, suspected,
21or substantiated abuse or neglect for review and shall conduct
22its activities in accordance with any applicable policies and
23procedures established by the Department.
24    (c-5) The Illinois At-Risk Adult Fatality Review Team Teams
25Advisory Council, consisting of one member from each review
26team in Illinois, shall be the coordinating and oversight body

 

 

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1for review teams and activities in Illinois. The Director may
2appoint to the Advisory Council any ex-officio members deemed
3necessary. Persons with expertise needed by the Advisory
4Council may be invited to meetings. The Advisory Council must
5select from its members a chairperson and a vice-chairperson,
6each to serve a 2-year term. The chairperson or
7vice-chairperson may be selected to serve additional,
8subsequent terms. The Advisory Council must meet at least 4
9times during each calendar year.
10    The Department may provide or arrange for the staff support
11necessary for the Advisory Council to carry out its duties. The
12Director, in cooperation and consultation with the Advisory
13Council, shall appoint, reappoint, and remove review team
14members.
15    The Advisory Council has, but is not limited to, the
16following duties:
17        (1) To serve as the voice of review teams in Illinois.
18        (2) To oversee the review teams in order to ensure that
19    the review teams' work is coordinated and in compliance
20    with State statutes and the operating protocol.
21        (3) To ensure that the data, results, findings, and
22    recommendations of the review teams are adequately used in
23    a timely manner to make any necessary changes to the
24    policies, procedures, and State statutes in order to
25    protect at-risk adults.
26        (4) To collaborate with the Department in order to

 

 

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1    develop any legislation needed to prevent unnecessary
2    deaths of at-risk adults.
3        (5) To ensure that the review teams' review processes
4    are standardized in order to convey data, findings, and
5    recommendations in a usable format.
6        (6) To serve as a link with review teams throughout the
7    country and to participate in national review team
8    activities.
9        (7) To provide the review teams with the most current
10    information and practices concerning at-risk adult death
11    review and related topics.
12        (8) To perform any other functions necessary to enhance
13    the capability of the review teams to reduce and prevent
14    at-risk adult fatalities.
15    The Advisory Council may prepare an annual report, in
16consultation with the Department, using aggregate data
17gathered by review teams and using the review teams'
18recommendations to develop education, prevention, prosecution,
19or other strategies designed to improve the coordination of
20services for at-risk adults and their families.
21    In any instance where a review team does not operate in
22accordance with established protocol, the Director, in
23consultation and cooperation with the Advisory Council, must
24take any necessary actions to bring the review team into
25compliance with the protocol.
26    (d) Any document or oral or written communication shared

 

 

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1within or produced by the review team relating to a case
2discussed or reviewed by the review team is confidential and is
3not admissible as evidence in any civil or criminal proceeding,
4except for use by a State's Attorney's office in prosecuting a
5criminal case against a caregiver. Those records and
6information are, however, subject to discovery or subpoena, and
7are admissible as evidence, to the extent they are otherwise
8available to the public.
9    Any document or oral or written communication provided to a
10review team by an individual or entity, and created by that
11individual or entity solely for the use of the review team, is
12confidential, is not subject to disclosure to or discoverable
13by another party, and is not admissible as evidence in any
14civil or criminal proceeding, except for use by a State's
15Attorney's office in prosecuting a criminal case against a
16caregiver. Those records and information are, however, subject
17to discovery or subpoena, and are admissible as evidence, to
18the extent they are otherwise available to the public.
19    Each entity or individual represented on the abuse fatality
20review team may share with other members of the team
21information in the entity's or individual's possession
22concerning the decedent who is the subject of the review or
23concerning any person who was in contact with the decedent, as
24well as any other information deemed by the entity or
25individual to be pertinent to the review. Any such information
26shared by an entity or individual with other members of the

 

 

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1review team is confidential. The intent of this paragraph is to
2permit the disclosure to members of the review team of any
3information deemed confidential or privileged or prohibited
4from disclosure by any other provision of law. Release of
5confidential communication between domestic violence advocates
6and a domestic violence victim shall follow subsection (d) of
7Section 227 of the Illinois Domestic Violence Act of 1986 which
8allows for the waiver of privilege afforded to guardians,
9executors, or administrators of the estate of the domestic
10violence victim. This provision relating to the release of
11confidential communication between domestic violence advocates
12and a domestic violence victim shall exclude adult protective
13service providers.
14    A coroner's or medical examiner's office may share with the
15review team medical records that have been made available to
16the coroner's or medical examiner's office in connection with
17that office's investigation of a death.
18    Members of a review team and the Advisory Council are not
19subject to examination, in any civil or criminal proceeding,
20concerning information presented to members of the review team
21or the Advisory Council or opinions formed by members of the
22review team or the Advisory Council based on that information.
23A person may, however, be examined concerning information
24provided to a review team or the Advisory Council.
25    (d-5) Meetings of the review teams and the Advisory Council
26may be closed to the public under the Open Meetings Act.

 

 

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1Records and information provided to a review team and the
2Advisory Council, and records maintained by a team or the
3Advisory Council, are exempt from release under the Freedom of
4Information Act.
5    (e) A review team's recommendation in relation to a case
6discussed or reviewed by the review team, including, but not
7limited to, a recommendation concerning an investigation or
8prosecution, may be disclosed by the review team upon the
9completion of its review and at the discretion of a majority of
10its members who reviewed the case.
11    (e-5) The State shall indemnify and hold harmless members
12of a review team and the Advisory Council for all their acts,
13omissions, decisions, or other conduct arising out of the scope
14of their service on the review team or Advisory Council, except
15those involving willful or wanton misconduct. The method of
16providing indemnification shall be as provided in the State
17Employee Indemnification Act.
18    (f) The Department, in consultation with coroners, medical
19examiners, and law enforcement agencies, shall use aggregate
20data gathered by and recommendations from the Advisory Council
21and the review teams to create an annual report and may use
22those data and recommendations to develop education,
23prevention, prosecution, or other strategies designed to
24improve the coordination of services for at-risk adults and
25their families. The Department or other State or county agency,
26in consultation with coroners, medical examiners, and law

 

 

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1enforcement agencies, also may use aggregate data gathered by
2the review teams to create a database of at-risk individuals.
3    (g) The Department shall adopt such rules and regulations
4as it deems necessary to implement this Section.
5(Source: P.A. 98-49, eff. 7-1-13.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.