Public Act 93-0300
HB0085 Enrolled LRB093 02692 LCB 02703 b
AN ACT concerning elder abuse.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Elder Abuse and Neglect Act is amended by
changing Sections 2, 3.5, 4, and 7 as follows:
(320 ILCS 20/2) (from Ch. 23, par. 6602)
Sec. 2. Definitions. As used in this Act, unless the
context requires otherwise:
(a) "Abuse" means causing any physical, mental or sexual
injury to an eligible adult, including exploitation of such
adult's financial resources.
Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abuse or neglect for the sole
reason that he or she is being furnished with or relies upon
treatment by spiritual means through prayer alone, in
accordance with the tenets and practices of a recognized
church or religious denomination.
Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abuse because of health care
services provided or not provided by licensed health care
professionals.
(a-5) "Abuser" means a person who abuses, neglects, or
financially exploits an eligible adult.
(a-7) "Caregiver" means a person who either as a result
of a family relationship, voluntarily, or in exchange for
compensation has assumed responsibility for all or a portion
of the care of an eligible adult who needs assistance with
activities of daily living.
(b) "Department" means the Department on Aging of the
State of Illinois.
(c) "Director" means the Director of the Department.
(d) "Domestic living situation" means a residence where
the eligible adult lives alone or with his or her family or a
caregiver, or others, or a board and care home or other
community-based unlicensed facility, but is not:
(1) A licensed facility as defined in Section 1-113
of the Nursing Home Care Act;
(2) A "life care facility" as defined in the Life
Care Facilities Act;
(3) A home, institution, or other place operated by
the federal government or agency thereof or by the State
of Illinois;
(4) A hospital, sanitarium, or other institution,
the principal activity or business of which is the
diagnosis, care, and treatment of human illness through
the maintenance and operation of organized facilities
therefor, which is required to be licensed under the
Hospital Licensing Act;
(5) A "community living facility" as defined in the
Community Living Facilities Licensing Act;
(6) A "community residential alternative" as
defined in the Community Residential Alternatives
Licensing Act; and
(7) A "community-integrated living arrangement" as
defined in the Community-Integrated Living Arrangements
Licensure and Certification Act.
(e) "Eligible adult" means a person 60 years of age or
older who resides in a domestic living situation and is, or
is alleged to be, abused, neglected, or financially exploited
by another individual.
(f) "Emergency" means a situation in which an eligible
adult is living in conditions presenting a risk of death or
physical, mental or sexual injury and the provider agency has
reason to believe the eligible adult is unable to consent to
services which would alleviate that risk.
(f-5) "Mandated reporter" means any of the following
persons while engaged in carrying out their professional
duties:
(1) a professional or professional's delegate while
engaged in: (i) social services, (ii) law enforcement,
(iii) education, (iv) the care of an eligible adult or
eligible adults, or (v) any of the occupations required
to be licensed under the Clinical Psychologist Licensing
Act, the Clinical Social Work and Social Work Practice
Act, the Illinois Dental Practice Act, the Dietetic and
Nutrition Services Practice Act, the Marriage and Family
Therapy Licensing Act, the Medical Practice Act of 1987,
the Naprapathic Practice Act, the Nursing and Advanced
Practice Nursing Act, the Nursing Home Administrators
Licensing and Disciplinary Act, the Illinois Occupational
Therapy Practice Act, the Illinois Optometric Practice
Act of 1987, the Pharmacy Practice Act of 1987, the
Illinois Physical Therapy Act, the Physician Assistant
Practice Act of 1987, the Podiatric Medical Practice Act
of 1987, the Respiratory Care Practice Act, the
Professional Counselor and Clinical Professional
Counselor Licensing Act, the Illinois Speech-Language
Pathology and Audiology Practice Act, the Veterinary
Medicine and Surgery Practice Act of 1994, and the
Illinois Public Accounting Act;
(2) an employee of a vocational rehabilitation
facility prescribed or supervised by the Department of
Human Services;
(3) an administrator, employee, or person providing
services in or through an unlicensed community based
facility;
(4) a Christian Science Practitioner;
(5) field personnel of the Department of Public
Aid, Department of Public Health, and Department of Human
Services, and any county or municipal health department;
(6) personnel of the Department of Human Services,
the Guardianship and Advocacy Commission, the State Fire
Marshal, local fire departments, the Department on Aging
and its subsidiary Area Agencies on Aging and provider
agencies, and the Office of State Long Term Care
Ombudsman;
(7) any employee of the State of Illinois not
otherwise specified herein who is involved in providing
services to eligible adults, including professionals
providing medical or rehabilitation services and all
other persons having direct contact with eligible adults;
or
(8) a person who performs the duties of a coroner
or medical examiner; or
(9) a person who performs the duties of a paramedic
or an emergency medical technician.
(g) "Neglect" means another individual's failure to
provide an eligible adult with or willful withholding from an
eligible adult the necessities of life including, but not
limited to, food, clothing, shelter or medical care. This
subsection does not create any new affirmative duty to
provide support to eligible adults. Nothing in this Act
shall be construed to mean that an eligible adult is a victim
of neglect because of health care services provided or not
provided by licensed health care professionals.
(h) "Provider agency" means any public or nonprofit
agency in a planning and service area appointed by the
regional administrative agency with prior approval by the
Department on Aging to receive and assess reports of alleged
or suspected abuse, neglect, or financial exploitation.
(i) "Regional administrative agency" means any public or
nonprofit agency in a planning and service area so designated
by the Department, provided that the designated Area Agency
on Aging shall be designated the regional administrative
agency if it so requests. The Department shall assume the
functions of the regional administrative agency for any
planning and service area where another agency is not so
designated.
(j) "Substantiated case" means a reported case of
alleged or suspected abuse, neglect, or financial
exploitation in which a provider agency, after assessment,
determines that there is reason to believe abuse, neglect, or
financial exploitation has occurred.
(Source: P.A. 91-259, eff. 1-1-00; 91-357, eff. 7-29-99;
91-533, eff. 8-13-99; 92-16, eff. 6-28-01.)
(320 ILCS 20/3.5)
Sec. 3.5. Other Responsibilities. The Department shall
also be responsible for the following activities, contingent
upon adequate funding:
(a) promotion of a wide range of endeavors for the
purpose of preventing elder abuse, neglect, and financial
exploitation in both domestic and institutional settings,
including, but not limited to, promotion of public and
professional education to increase awareness of elder abuse,
neglect, and financial exploitation, to increase reports, and
to improve response by various legal, financial, social, and
health systems;
(b) coordination of efforts with other agencies,
councils, and like entities, to include but not be limited
to, the Office of the Attorney General, the State Police, the
Illinois Law Enforcement Training Standards Board, the State
Triad, the Criminal Justice Information Authority, the
Departments of Public Health, Public Aid, and Human Services,
the Family Violence Coordinating Council, the Violence
Prevention Authority, and other entities which may impact
awareness of, and response to, elder abuse, neglect, and
financial exploitation;
(c) collection and analysis of data;
(d) monitoring of the performance of regional
administrative agencies and elder abuse provider agencies;
and
(e) promotion of prevention activities;.
(f) establishment and coordination of an aggressive
training program about the unique nature of elder abuse cases
with other agencies, councils, and like entities, including
but not limited to the Office of the Attorney General, the
State Police, the Illinois Law Enforcement Training Standards
Board, the State Triad, the Criminal Justice Information
Authority, the Departments of Public Health, Public Aid, and
Human Services, the Family Violence Coordinating Council, the
Illinois Violence Prevention Authority, and other entities
that may impact awareness of, and response to, elder abuse,
neglect, and financial exploitation;
(g) solicitation of financial institutions for the
purpose of making information available to the general public
warning of financial exploitation of the elderly and related
financial fraud or abuse, including such information and
warnings available through signage or other written materials
provided by the Department on the premises of such financial
institutions, provided that the manner of displaying or
distributing such information is subject to the sole
discretion of each financial institution; and
(h) coordination of efforts with utility companies to
send notices in utility bills which explain elder rights
regarding telemarketing home repair frauds.
(Source: P.A. 92-16, eff. 6-28-01.)
(320 ILCS 20/4) (from Ch. 23, par. 6604)
Sec. 4. Reports of abuse or neglect.
(a) Any person who suspects the abuse, neglect, or
financial exploitation of an eligible adult may report this
suspicion to an agency designated to receive such reports
under this Act or to the Department.
(a-5) If any mandated reporter has reason to believe
that an eligible adult, who because of dysfunction is unable
to seek assistance for himself or herself, has, within the
previous 12 months, been subjected to abuse, neglect, or
financial exploitation, the mandated reporter shall, within
24 hours after developing such belief, report this suspicion
to an agency designated to receive such reports under this
Act or to the Department. Whenever a mandated reporter is
required to report under this Act in his or her capacity as a
member of the staff of a medical or other public or private
institution, facility, board and care home, or agency, he or
she shall make a report to an agency designated to receive
such reports under this Act or to the Department in
accordance with the provisions of this Act and may also
notify the person in charge of the institution, facility,
board and care home, or agency or his or her designated agent
that the report has been made. Under no circumstances shall
any person in charge of such institution, facility, board and
care home, or agency, or his or her designated agent to whom
the notification has been made, exercise any control,
restraint, modification, or other change in the report or the
forwarding of the report to an agency designated to receive
such reports under this Act or to the Department. The
privileged quality of communication between any professional
person required to report and his or her patient or client
shall not apply to situations involving abused, neglected, or
financially exploited eligible adults and shall not
constitute grounds for failure to report as required by this
Act.
(a-7) A person making a report under this Act in the
belief that it is in the alleged victim's best interest shall
be immune from criminal or civil liability or professional
disciplinary action on account of making the report,
notwithstanding any requirements concerning the
confidentiality of information with respect to such eligible
adult which might otherwise be applicable.
(a-9) Law enforcement officers shall continue to report
incidents of alleged abuse pursuant to the Illinois Domestic
Violence Act of 1986, notwithstanding any requirements under
this Act.
(b) Any person, institution or agency participating in
the making of a report, providing information or records
related to a report, assessment, or services, or
participating in the investigation of a report under this Act
in good faith, or taking photographs or x-rays as a result of
an authorized assessment, shall have immunity from any civil,
criminal or other liability in any civil, criminal or other
proceeding brought in consequence of making such report or
assessment or on account of submitting or otherwise
disclosing such photographs or x-rays to any agency
designated to receive reports of alleged or suspected abuse
or neglect. Any person, institution or agency authorized by
the Department to provide assessment, intervention, or
administrative services under this Act shall, in the good
faith performance of those services, have immunity from any
civil, criminal or other liability in any civil, criminal, or
other proceeding brought as a consequence of the performance
of those services. For the purposes of any civil, criminal,
or other proceeding, the good faith of any person required to
report, permitted to report, or participating in an
investigation of a report of alleged or suspected abuse,
neglect, or financial exploitation shall be presumed.
(c) The identity of a person making a report of alleged
or suspected abuse or neglect under this Act may be disclosed
by the Department or other agency provided for in this Act
only with such person's written consent or by court order.
(d) The Department shall by rule establish a system for
filing and compiling reports made under this Act.
(e) Any physician who willfully fails to report as
required by this Act shall be referred to the Illinois State
Medical Disciplinary Board for action in accordance with
subdivision (A)(22) of Section 22 of the Medical Practice Act
of 1987. Any dentist or dental hygienist who willfully fails
to report as required by this Act shall be referred to the
Department of Professional Regulation for action in
accordance with paragraph 19 of Section 23 of the Illinois
Dental Practice Act. Any other mandated reporter required by
this Act to report suspected abuse, neglect, or financial
exploitation who willfully fails to report the same is guilty
of a Class A misdemeanor.
(Source: P.A. 90-628, eff. 1-1-99.)
(320 ILCS 20/7) (from Ch. 23, par. 6607)
Sec. 7. Review. All services provided to an eligible
adult shall be reviewed by the provider agency on at least a
quarterly basis for up to one year to determine whether the
service care plan should be continued or modified, except
that the Department on Aging, upon review, may grant a waiver
to extend the service care plan for up to an additional one
year period.
(Source: P.A. 90-628, eff. 1-1-99.)