Full Text of SB2782 94th General Assembly
SB2782eng 94TH GENERAL ASSEMBLY
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SB2782 Engrossed |
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LRB094 15527 DRJ 50726 b |
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| AN ACT concerning health.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 2. The Abuse of Adults with Disabilities | 5 |
| Intervention Act is amended by changing Section 55 as follows:
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| (20 ILCS 2435/55) (from Ch. 23, par. 3395-55)
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| Sec. 55. Access to records. All records concerning reports | 8 |
| of abuse,
neglect, or exploitation of an adult with
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| disabilities and all
records generated as a result of the | 10 |
| reports shall be confidential and
shall not be disclosed except | 11 |
| as specifically authorized by this Act or
other applicable law. | 12 |
| A person making a report of alleged abuse, neglect, or | 13 |
| exploitation functioning in his or her capacity as a licensed | 14 |
| professional may be entitled to the finding of the | 15 |
| investigative assessment and subsequent referrals as | 16 |
| authorized by the Inspector General. Office of Inspector | 17 |
| General (OIG) investigators shall inform the alleged victim or | 18 |
| guardian that information regarding the finding and referrals | 19 |
| may be released to the person who made the report if that | 20 |
| person is a professional, and the alleged victim or guardian | 21 |
| shall be afforded the opportunity to refuse to consent to the | 22 |
| release of that information. Access to the records, but not | 23 |
| access to the
identity of the person or persons making a report | 24 |
| of alleged
abuse, neglect, or exploitation as contained in the | 25 |
| records, shall be
allowed to the following persons and for the | 26 |
| following purposes:
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| (a) Adults with Disabilities Abuse Project staff in the
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| furtherance of their
responsibilities under this Act;
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| (b) A law enforcement agency investigating alleged or | 30 |
| suspected
abuse, neglect, or exploitation of an adult with | 31 |
| disabilities;
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| (c) An adult with disabilities reported to be
abused, |
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| neglected, or
exploited, or the guardian of an adult with
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| disabilities unless the guardian is
the alleged perpetrator of | 3 |
| the abuse, neglect, or exploitation;
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| (d) A court, upon its finding that access to the records | 5 |
| may be
necessary for the determination of an issue before the | 6 |
| court. However,
the access shall be limited to an in camera | 7 |
| inspection of the records,
unless the court determines that | 8 |
| disclosure of the information contained
therein is necessary | 9 |
| for the resolution of an issue then pending before it;
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| (e) A grand jury, upon its determination that access to the | 11 |
| records is
necessary to the conduct of its official business;
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| (f) Any person authorized by the Secretary, in writing, for
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| audit or bona
fide research purposes;
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| (g) A coroner or medical examiner who has reason to believe | 15 |
| that abuse or
neglect contributed to or resulted in the death | 16 |
| of an adult with disabilities;
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| (h) The agency designated pursuant to the Protection and | 18 |
| Advocacy for
Developmentally Disabled Persons Act and the
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| Protection and Advocacy for Mentally Ill Persons Act.
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| (Source: P.A. 91-671, eff. 7-1-00.)
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| Section 5. The Abused and Neglected Long Term Care Facility | 22 |
| Residents Reporting
Act is amended by changing Section 6 as | 23 |
| follows:
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| (210 ILCS 30/6) (from Ch. 111 1/2, par. 4166)
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| Sec. 6. All reports of suspected abuse or neglect made | 26 |
| under this Act
shall be made immediately by telephone to the | 27 |
| Department's central register
established under Section 14 on | 28 |
| the single, State-wide, toll-free telephone
number established | 29 |
| under Section 13, or in person or by telephone through
the | 30 |
| nearest Department office. No long term care facility | 31 |
| administrator,
agent or employee, or any other person, shall | 32 |
| screen reports or otherwise
withhold any reports from the | 33 |
| Department, and no long term care facility,
department of State | 34 |
| government, or other agency shall establish any rules,
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| criteria, standards or guidelines to the contrary. Every long | 2 |
| term care
facility, department of State government and other | 3 |
| agency whose employees
are required to make or cause to be made | 4 |
| reports under Section 4 shall
notify its employees of the | 5 |
| provisions of that Section and of this Section,
and provide to | 6 |
| the Department documentation that such notification has been
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| given. The Department of Human Services shall train all of its | 8 |
| mental health and developmental
disabilities employees in the | 9 |
| detection and reporting of suspected
abuse and neglect of | 10 |
| residents. Reports made to the central register
through the | 11 |
| State-wide, toll-free telephone number shall be transmitted to
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| appropriate Department offices and municipal health | 13 |
| departments that have
responsibility for licensing long term | 14 |
| care facilities under the Nursing
Home Care Act. All reports | 15 |
| received through offices of the Department
shall be forwarded | 16 |
| to the central register, in a manner and form described
by the | 17 |
| Department. The Department shall be capable of receiving | 18 |
| reports of
suspected abuse and neglect 24 hours a day, 7 days a | 19 |
| week. Reports shall
also be made in writing deposited in the | 20 |
| U.S. mail, postage prepaid, within
24 hours after having | 21 |
| reasonable cause to believe that the condition of the
resident | 22 |
| resulted from abuse or neglect. Such reports may in addition be
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| made to the local law enforcement agency in the same manner. | 24 |
| However, in
the event a report is made to the local law | 25 |
| enforcement agency, the
reporter also shall immediately so | 26 |
| inform the Department. The Department
shall initiate an | 27 |
| investigation of each report of resident abuse and
neglect | 28 |
| under this Act, whether oral or written, as provided for in | 29 |
| Section
3-702 of the Nursing Home Care Act, except that reports | 30 |
| of abuse which
indicate that a resident's life or safety is in | 31 |
| imminent danger shall be
investigated within 24 hours of such | 32 |
| report. The Department may delegate to
law enforcement | 33 |
| officials or other public agencies the duty to perform such
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| investigation.
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| With respect to investigations of reports of suspected | 36 |
| abuse or neglect
of residents of mental health and |
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| developmental disabilities institutions
under the jurisdiction | 2 |
| of the Department of
Human Services, the
Department shall | 3 |
| transmit
copies of such reports to the Department of State | 4 |
| Police, the Department of
Human Services, and the
Inspector | 5 |
| General
appointed under Section 6.2. If the Department receives | 6 |
| a report
of suspected abuse or neglect of a recipient of | 7 |
| services as defined in Section
1-123 of the Mental Health and | 8 |
| Developmental Disabilities Code, the
Department shall transmit | 9 |
| copies of such report to the Inspector General
and the | 10 |
| Directors of the Guardianship and Advocacy Commission and the
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| agency designated by the Governor pursuant to the Protection | 12 |
| and Advocacy
for Developmentally Disabled Persons Act. When | 13 |
| requested by the Director
of the Guardianship and Advocacy | 14 |
| Commission ,
or the agency designated by the
Governor pursuant | 15 |
| to the Protection and Advocacy for Developmentally
Disabled | 16 |
| Persons Act , or the Department of Financial and Professional | 17 |
| Regulation , the Department, the Department of Human Services | 18 |
| and the Department of State Police shall make
available a copy | 19 |
| of the final investigative report regarding investigations
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| conducted by their respective agencies on incidents of | 21 |
| suspected abuse or
neglect of residents of mental health and | 22 |
| developmental disabilities
institutions or individuals | 23 |
| receiving services at community agencies under the | 24 |
| jurisdiction of the Department of Human Services. Such final | 25 |
| investigative
report shall not contain witness statements, | 26 |
| investigation notes, draft
summaries, results of lie detector | 27 |
| tests, investigative files or other raw data
which was used to | 28 |
| compile the final investigative report. Specifically, the
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| final investigative report of the Department of State Police | 30 |
| shall mean the
Director's final transmittal letter. The | 31 |
| Department of Human Services shall also make available a
copy | 32 |
| of the results of disciplinary proceedings of employees | 33 |
| involved in
incidents of abuse or neglect to the Directors. All | 34 |
| identifiable
information in reports provided shall not be | 35 |
| further disclosed except as
provided by the Mental Health and | 36 |
| Developmental Disabilities
Confidentiality Act. Nothing in |
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| this Section is intended to limit or
construe the power or | 2 |
| authority granted to the agency designated by the
Governor | 3 |
| pursuant to the Protection and Advocacy for Developmentally
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| Disabled Persons Act, pursuant to any other State or federal | 5 |
| statute.
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| With respect to investigations of reported resident abuse | 7 |
| or neglect, the
Department shall effect with appropriate law | 8 |
| enforcement agencies formal
agreements concerning methods and | 9 |
| procedures for the conduct of investigations
into the criminal | 10 |
| histories of any administrator, staff assistant or employee
of | 11 |
| the nursing home or other person responsible for the residents | 12 |
| care,
as well as for other residents in the nursing home who | 13 |
| may be in a position
to abuse, neglect or exploit the patient. | 14 |
| Pursuant to the formal agreements
entered into with appropriate | 15 |
| law enforcement agencies, the Department may
request | 16 |
| information with respect to whether the person or persons set | 17 |
| forth
in this paragraph have ever been charged with a crime and | 18 |
| if so, the
disposition of those charges. Unless the criminal | 19 |
| histories of the
subjects involved crimes of violence or | 20 |
| resident abuse or neglect, the
Department shall be entitled | 21 |
| only to information limited in scope to
charges and their | 22 |
| dispositions. In cases where prior crimes of violence or
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| resident abuse or neglect are involved, a more detailed report | 24 |
| can be made
available to authorized representatives of the | 25 |
| Department, pursuant to the
agreements entered into with | 26 |
| appropriate law enforcement agencies. Any
criminal charges and | 27 |
| their disposition information obtained by the
Department shall | 28 |
| be confidential and may not be transmitted outside the
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| Department, except as required herein, to authorized | 30 |
| representatives or
delegates of the Department, and may not be | 31 |
| transmitted to anyone within
the Department who is not duly | 32 |
| authorized to handle resident abuse or
neglect investigations.
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| The Department shall effect formal agreements with | 34 |
| appropriate law
enforcement agencies in the various counties | 35 |
| and communities to encourage
cooperation and coordination in | 36 |
| the handling of resident abuse or neglect
cases pursuant to |
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| this Act. The Department shall adopt and implement
methods and | 2 |
| procedures to promote statewide uniformity in the handling of
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| reports of abuse and neglect under this Act, and those methods | 4 |
| and
procedures shall be adhered to by personnel of the | 5 |
| Department involved in
such investigations and reporting. The | 6 |
| Department shall also make
information required by this Act | 7 |
| available to authorized personnel within
the Department, as | 8 |
| well as its authorized representatives.
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| The Department shall keep a continuing record of all | 10 |
| reports made
pursuant to this Act, including indications of the | 11 |
| final determination of
any investigation and the final | 12 |
| disposition of all reports.
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| The Department shall report annually to the General | 14 |
| Assembly on the
incidence of abuse and neglect of long term | 15 |
| care facility residents, with
special attention to residents | 16 |
| who are mentally disabled. The report shall
include but not be | 17 |
| limited to data on the number and source of reports of
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| suspected abuse or neglect filed under this Act, the nature of | 19 |
| any injuries
to residents, the final determination of | 20 |
| investigations, the type and
number of cases where abuse or | 21 |
| neglect is determined to exist, and the
final disposition of | 22 |
| cases.
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| (Source: P.A. 89-507, eff. 7-1-97.)
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| Section 10. The Mental Health and Developmental | 25 |
| Disabilities Confidentiality Act is amended by changing | 26 |
| Section 11 as follows:
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| (740 ILCS 110/11) (from Ch. 91 1/2, par. 811)
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| Sec. 11. Disclosure of records and communications. Records | 29 |
| and
communications may be disclosed:
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| (i) in accordance with the provisions of the
Abused and | 31 |
| Neglected Child Reporting Act;
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| (ii) when, and to the extent, a
therapist, in his or | 33 |
| her sole discretion, determines that disclosure is
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| necessary to initiate or continue civil commitment |
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| proceedings under the laws
of this State or to otherwise | 2 |
| protect the recipient or other person against a
clear, | 3 |
| imminent risk of serious physical or mental injury or | 4 |
| disease or death
being inflicted upon the recipient or by | 5 |
| the recipient on himself or another;
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| (iii) when, and to the extent disclosure is, in the | 7 |
| sole discretion of the
therapist, necessary to the | 8 |
| provision of emergency medical care to a recipient
who is | 9 |
| unable to assert or waive his or her rights hereunder;
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| (iv) when
disclosure is necessary to collect sums or | 11 |
| receive third
party payment representing charges for | 12 |
| mental health or developmental
disabilities services | 13 |
| provided by a therapist or agency to a recipient
under | 14 |
| Chapter V of the Mental Health and Developmental | 15 |
| Disabilities Code or to
transfer debts under the | 16 |
| Uncollected State Claims Act; however, disclosure
shall be | 17 |
| limited to information needed to pursue collection, and the
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| information so disclosed shall not be used for any other | 19 |
| purposes nor shall it
be redisclosed except in connection | 20 |
| with collection activities;
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| (v) when
requested by a family member, the Department | 22 |
| of Human Services may assist in
the location of the | 23 |
| interment site of a deceased recipient who is interred in a
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| cemetery established under Section 100-26 of the Mental | 25 |
| Health and
Developmental Disabilities Administrative Act;
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| (vi) in judicial proceedings
under Article VIII of | 27 |
| Chapter III and Article V of Chapter IV of the Mental
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| Health and Developmental Disabilities Code and proceedings | 29 |
| and investigations
preliminary thereto, to the State's | 30 |
| Attorney for the county or residence of a
person who is the | 31 |
| subject of such proceedings, or in which the person is | 32 |
| found,
or in which the facility is located, to the attorney | 33 |
| representing the recipient
in the judicial proceedings, to | 34 |
| any person or agency providing mental health
services that | 35 |
| are the subject of the proceedings and to that person's or
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| agency's attorney, to any court personnel, including but |
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| not limited to judges
and circuit court clerks, and to a | 2 |
| guardian ad litem if one has been appointed
by the court, | 3 |
| provided that the information so disclosed shall not be | 4 |
| utilized
for any other purpose nor be redisclosed except in | 5 |
| connection with the
proceedings or investigations;
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| (vii) when, and to the extent disclosure is
necessary | 7 |
| to comply with the requirements of the Census Bureau in | 8 |
| taking the
federal Decennial Census;
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| (viii) when, and to the extent, in the
therapist's sole | 10 |
| discretion, disclosure is necessary to warn or protect a
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| specific individual against whom a recipient has made a | 12 |
| specific threat of
violence where there exists a | 13 |
| therapist-recipient relationship or a special
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| recipient-individual relationship;
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| (ix) in accordance with the Sex Offender
Registration | 16 |
| Act; and
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| (x) in accordance with the Rights of Crime Victims and
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| Witnesses Act ; . | 19 |
| (xi) in accordance with Section 6 of the Abused and | 20 |
| Neglected Long Term Care Facility Residents Reporting Act; | 21 |
| and | 22 |
| (xii) in accordance with Section 55 of the Abuse of | 23 |
| Adults with Disabilities Intervention Act.
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| Any person, institution, or agency, under
this Act, | 25 |
| participating in good faith in the making of a report under the
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| Abused and Neglected Child Reporting Act or in the disclosure | 27 |
| of records and
communications under this Section, shall have | 28 |
| immunity from any liability,
civil, criminal or otherwise, that | 29 |
| might result by reason of such action. For
the purpose of any | 30 |
| proceeding, civil or criminal, arising out of a report or
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| disclosure under this Section, the good faith of any person, | 32 |
| institution, or
agency so reporting or disclosing shall be | 33 |
| presumed.
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| (Source: P.A. 90-423, eff. 8-15-97; 90-538, eff. 12-1-97; | 35 |
| 90-655, eff.
7-30-98; 91-357, eff. 7-29-99.)
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| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.
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