State of Illinois
90th General Assembly
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90_HB3113

      210 ILCS 30/6.2           from Ch. 111 1/2, par. 4166.2
          Amends the Abused and Neglected Long Term  Care  Facility
      Residents  Reporting  Act.   Requires facilities and agencies
      that are the subject of an approved response to report to the
      Inspector General on the status of the implementation of  any
      corrective action.  Requires the Inspector General to conduct
      an  investigation to determine whether the facility or agency
      is in compliance with the approved response.
                                                     LRB9009626JSdv
                                               LRB9009626JSdv
 1        AN ACT to amend the Abused and Neglected Long  Term  Care
 2    Facility Residents Reporting Act by changing Section 6.2.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The  Abused  and  Neglected  Long  Term  Care
 6    Facility  Residents  Reporting  Act  is  amended  by changing
 7    Section 6.2 as follows:
 8        (210 ILCS 30/6.2) (from Ch. 111 1/2, par. 4166.2)
 9        (Section scheduled to be repealed on January 1, 2000)
10        Sec. 6.2.  Inspector General.
11        (a)  The Governor shall appoint,  and  the  Senate  shall
12    confirm,  an  Inspector General who shall function within the
13    Department of Human Services and report to the  Secretary  of
14    Human Services and the Governor.  The Inspector General shall
15    investigate  reports  of suspected abuse or neglect (as those
16    terms are defined in Section 3 of this Act)  of  patients  or
17    residents  in any mental health or developmental disabilities
18    facility operated by the Department  of  Human  Services  and
19    shall have authority to investigate and take immediate action
20    on  reports  of  abuse  or  neglect  of  recipients,  whether
21    patients  or residents, in any mental health or developmental
22    disabilities  facility  or  program  that  is   licensed   or
23    certified  by  the Department of Human Services (as successor
24    to  the  Department  of  Mental  Health   and   Developmental
25    Disabilities)  or  that  is funded by the Department of Human
26    Services (as successor to the Department of Mental Health and
27    Developmental Disabilities) and is not licensed or  certified
28    by any agency of the State.  At the specific, written request
29    of  an agency of the State other than the Department of Human
30    Services (as successor to the Department of Mental Health and
31    Developmental  Disabilities),  the  Inspector   General   may
                            -2-                LRB9009626JSdv
 1    cooperate  in  investigating  reports of abuse and neglect of
 2    persons with mental illness  or  persons  with  developmental
 3    disabilities.    The   Inspector   General   shall   have  no
 4    supervision over or  involvement  in  routine,  programmatic,
 5    licensure,  or  certification operations of the Department of
 6    Human Services or any of its funded agencies.
 7        The Inspector General shall promulgate rules establishing
 8    minimum requirements for reporting allegations of  abuse  and
 9    neglect    and   initiating,   conducting,   and   completing
10    investigations.  The  promulgated  rules  shall  clearly  set
11    forth  that in instances where 2 or more State agencies could
12    investigate an allegation of abuse or neglect, the  Inspector
13    General  shall not conduct an investigation that is redundant
14    to an investigation conducted by another State agency.    The
15    rules  shall  establish  criteria for determining, based upon
16    the nature of  the  allegation,  the  appropriate  method  of
17    investigation, which may include, but need not be limited to,
18    site  visits,  telephone  contacts,  or  requests for written
19    responses from agencies.  The rules shall  also  clarify  how
20    the  Office  of the Inspector General shall interact with the
21    licensing  unit  of  the  Department  of  Human  Services  in
22    investigations of  allegations  of  abuse  or  neglect.   Any
23    allegations  or  investigations  of  reports made pursuant to
24    this Act shall remain confidential until a  final  report  is
25    completed.  The  resident or patient who allegedly was abused
26    or neglected and his or her legal guardian shall be  informed
27    by  the  facility or agency of the report of alleged abuse or
28    neglect. Final reports regarding unsubstantiated or unfounded
29    allegations shall  remain  confidential,  except  that  final
30    reports may be disclosed pursuant to Section 6 of this Act.
31        The  Inspector General shall be appointed for a term of 4
32    years.
33        (b)  The Inspector General shall within  24  hours  after
34    receiving  a  report  of suspected abuse or neglect determine
                            -3-                LRB9009626JSdv
 1    whether the evidence indicates that any possible criminal act
 2    has been committed. If he determines that a possible criminal
 3    act has been committed, or that special expertise is required
 4    in  the  investigation,  he  shall  immediately  notify   the
 5    Department  of  State Police.  The Department of State Police
 6    shall investigate any report indicating  a  possible  murder,
 7    rape,  or  other  felony. All investigations conducted by the
 8    Inspector General shall be conducted in a manner designed  to
 9    ensure  the  preservation  of  evidence for possible use in a
10    criminal prosecution.
11        (b-5)  The Inspector General shall make  a  determination
12    to accept or reject a preliminary report of the investigation
13    of   alleged   abuse   or   neglect   based   on  established
14    investigative procedures.  The facility or agency may request
15    clarification  or   reconsideration   based   on   additional
16    information.   For  cases  where  the  allegation of abuse or
17    neglect is substantiated, the Inspector General shall require
18    the facility or agency to submit  a  written  response.   The
19    written response from a facility or agency shall address in a
20    concise  and  reasoned  manner the actions that the agency or
21    facility will take or has taken to protect  the  resident  or
22    patient  from  abuse  or  neglect, prevent reoccurrences, and
23    eliminate   problems    identified    and    shall    include
24    implementation and completion dates for all such action.
25        (c)  The Inspector General shall, within 10 calendar days
26    after the transmittal date of a completed investigation where
27    abuse or neglect is substantiated or administrative action is
28    recommended,  provide  a  complete  report on the case to the
29    Secretary of Human Services and to the agency  in  which  the
30    abuse  or  neglect  is alleged to have happened. The complete
31    report shall include a written response from  the  agency  or
32    facility  operated by the State to the Inspector General that
33    addresses in a concise and reasoned manner the  actions  that
34    the  agency or facility will take or has taken to protect the
                            -4-                LRB9009626JSdv
 1    resident  or  patient  from   abuse   or   neglect,   prevent
 2    reoccurrences,  and  eliminate  problems identified and shall
 3    include implementation and  completion  dates  for  all  such
 4    action.   The  Secretary  of  Human  Services shall accept or
 5    reject the  response and establish how  the  Department  will
 6    determine  whether  the  facility  or  program  followed  the
 7    approved  response.   The  Secretary  may  require Department
 8    personnel to visit  the  facility  or  agency  for  training,
 9    technical    assistance,    programmatic,    licensure,    or
10    certification  purposes.   Administrative  action,  including
11    sanctions,  may  be  applied  should the Secretary reject the
12    response or should the facility or agency fail to follow  the
13    approved  response.  Within  30  days after the Secretary has
14    approved a  response,  the  facility  or  agency  making  the
15    response  shall  provide  an  implementation  report  to  the
16    Inspector  General  on  the  status  of the corrective action
17    implemented.    Within   60   days   after   receiving    the
18    implementation report, the Inspector General shall conduct an
19    investigation  to determine whether the facility or agency is
20    in compliance with the approved  response.  The  facility  or
21    agency  shall  inform  the  resident or patient and the legal
22    guardian whether the reported allegation  was  substantiated,
23    unsubstantiated,  or  unfounded.    There shall be an appeals
24    process for any person or  agency  that  is  subject  to  any
25    action based on a recommendation or recommendations.
26        (d)  The   Inspector   General   may   recommend  to  the
27    Departments of Public Health and Human Services sanctions  to
28    be   imposed   against   mental   health   and  developmental
29    disabilities  facilities  under  the  jurisdiction   of   the
30    Department of Human Services for the protection of residents,
31    including  appointment  of  on-site  monitors  or  receivers,
32    transfer  or  relocation  of residents, and closure of units.
33    The Inspector General may seek the assistance of the Attorney
34    General or any of the several State's attorneys  in  imposing
                            -5-                LRB9009626JSdv
 1    such sanctions.
 2        (e)  The  Inspector  General  shall establish and conduct
 3    periodic   training   programs   for   Department   employees
 4    concerning the prevention and reporting of neglect and abuse.
 5        (f)  The Inspector General shall at all times be  granted
 6    access  to  any  mental  health or developmental disabilities
 7    facility operated by  the  Department,  shall  establish  and
 8    conduct  unannounced site visits to those facilities at least
 9    once annually, and shall be granted access, for  the  purpose
10    of  investigating  a  report  of  abuse  or  neglect,  to any
11    facility or program funded by the Department that is  subject
12    under  the provisions of this Section to investigation by the
13    Inspector General for a report of abuse or neglect.
14        (g)  Nothing in this Section shall  limit  investigations
15    by  the  Department  of  Human Services that may otherwise be
16    required by law or that may be necessary in that Department's
17    capacity as the central administrative authority  responsible
18    for  the  operation  of State mental health and developmental
19    disability facilities.
20        (h)  This Section is repealed on January 1, 2000.
21    (Source: P.A. 89-427,  eff.  12-7-95;  89-507,  eff.  7-1-97;
22    90-252,   eff.   7-29-97;   90-512,   eff.  8-22-97;  revised
23    11-14-97.)

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