Public Act 094-0853
 		





SB3010 Enrolled
LRB094 15526 DRJ 50725 b






    AN ACT concerning regulation.

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


 
    Section 5. The Abused and Neglected Long Term Care Facility 
Residents Reporting
Act is amended  by changing Sections 4 and 
6.2 as follows:
 



    (210 ILCS 30/4)  (from Ch. 111 1/2, par. 4164)



    Sec. 4. Any long term care facility administrator, agent or 
employee
or any physician, hospital, surgeon, dentist, 
osteopath, chiropractor,
podiatrist, accredited religious 
practitioner who provides treatment by spiritual means alone 
through prayer in accordance with the tenets and practices of 
the accrediting church
Christian Science practitioner, 
coroner, social worker, social
services administrator, 
registered nurse, law enforcement officer, field
personnel of 
the Illinois Department of Healthcare and Family Services

Public Aid, field personnel of the
Illinois Department of 
Public Health and County or Municipal Health
Departments, 
personnel of the Department of Human Services (acting as the

successor to the Department of Mental Health and Developmental 
Disabilities
or the Department of Public Aid),
personnel of the 
Guardianship and Advocacy Commission, personnel of the
State 
Fire Marshal, local fire department inspectors or other 
personnel,
or personnel of the Illinois
Department on Aging, or 
its subsidiary Agencies on Aging, or employee of a
facility 
licensed under the Assisted Living and Shared Housing
Act, 
having reasonable
cause to believe any
resident with whom they 
have direct contact has been subjected to abuse
or neglect 
shall immediately report or cause a report
to be made
to the 
Department.
Persons required to make reports or cause reports 
to
be made under this Section include all employees of the 
State of Illinois
who are involved in providing services to 
residents, including
professionals providing medical or 
rehabilitation services and all other
persons having direct 
contact with residents; and further include all
employees of 
community service agencies who provide services to a resident

of a public or private long term care facility outside of that 
facility.
Any long term care surveyor of the Illinois 
Department of Public Health
who has reasonable cause to believe 
in the course of a survey that a
resident has been abused or 
neglected and initiates an investigation while
on site at the 
facility shall be exempt from making a report under this

Section but the results of any such investigation shall be 
forwarded to
the central register in a manner and form 
described by the Department.

    The requirement of this Act shall not relieve any long term 
care
facility administrator, agent or employee of 
responsibility to report the
abuse or neglect of a resident 
under Section 3-610 of the Nursing Home
Care Act.

    In addition to the above persons required to report 
suspected resident
abuse and neglect, any other person may make 
a report to the Department,
or to any law enforcement officer, 
if such person has reasonable cause to
suspect a resident has 
been abused or neglected.

    This Section also applies to residents whose death occurs 
from suspected
abuse or neglect before being found or brought 
to a hospital.

    A person required to make reports or cause reports to be 
made under
this Section who fails to comply with the 
requirements of this Section is
guilty of a Class A 
misdemeanor.

(Source: P.A. 91-656, eff. 1-1-01; revised 12-15-05.)

 
    (210 ILCS 30/6.2)  (from Ch. 111 1/2, par. 4166.2)


    Sec. 6.2. Inspector General.


    (a) The Governor shall appoint, and the Senate shall 
confirm, an Inspector
General.  The Inspector General shall be 
appointed for a term of 4 years
and shall function within the 
Department of Human Services and report
to the Secretary of 
Human
Services and the Governor.
The Inspector General shall 
function independently within the Department of
Human Services 
with respect to the operations of the office, including the

performance of investigations and issuance of
findings and 
recommendations.  The appropriation for the Office of Inspector

General shall be separate from the overall appropriation for 
the Department of
Human Services.  The Inspector General shall

investigate reports of
suspected abuse or neglect (as those 
terms are defined in Section 3 of this
Act) of patients or 
residents in any mental health or developmental
disabilities 
facility operated by the Department of Human Services and shall

have authority to
investigate and take immediate action on 
reports of abuse or neglect of
recipients, whether patients or 
residents, in any mental health or
developmental disabilities 
facility or program that is licensed or certified
by the 
Department of Human Services (as successor to the Department of

Mental Health and Developmental Disabilities) or that is funded 
by the
Department of Human Services (as successor to the 
Department of Mental
Health and Developmental Disabilities) 
and is not licensed or
certified by any agency of the State.  At 
the specific, written request of an
agency of the State other 
than the Department of Human Services (as successor
to the 
Department of Mental Health and Developmental Disabilities), 
the
Inspector General may cooperate in investigating
reports of 
abuse and neglect of persons with mental illness or persons 
with
developmental disabilities.  The Inspector General shall 
have no supervision
over or involvement in routine, 
programmatic, licensure, or certification
operations of the 
Department of Human Services or any of its funded agencies.


    The Inspector General shall promulgate rules establishing 
minimum
requirements for reporting allegations of abuse and 
neglect and initiating,
conducting, and completing 
investigations.  The
promulgated rules shall clearly set forth 
that in instances where 2 or more
State agencies could 
investigate an allegation of abuse or neglect, the
Inspector 
General shall not conduct an investigation that is redundant to 
an
investigation conducted by another State agency.
The rules 
shall establish criteria
for determining, based upon the nature 
of the allegation, the appropriate
method of investigation, 
which may include, but need not be limited to, site
visits, 
telephone contacts, or requests for written responses from 
agencies.
The rules shall also clarify how the Office of the 
Inspector General shall
interact with the licensing unit of the 
Department of Human Services in
investigations of
allegations 
of abuse or neglect.  Any allegations or investigations of 
reports
made pursuant to this Act shall
remain confidential 
until a final report is completed.
The resident or patient who 
allegedly was abused or neglected and his or her
legal guardian 
shall be informed by the facility or agency of the report of

alleged abuse or neglect.
Final reports
regarding 
unsubstantiated or unfounded allegations shall remain 
confidential,
except that final reports may be disclosed 
pursuant to Section 6 of this
Act.

    For purposes of this Section, "required reporter" means a 
person who suspects, witnesses, or is informed of an allegation 
of abuse or neglect at a State-operated facility or a community 
agency and who is either:  (i) a person employed at a 
State-operated facility or a community agency on or off site 
who is providing or monitoring services to an individual or 
individuals or is providing services to the State-operated 
facility or the community agency; or (ii) any person or 
contractual agent of the Department of Human Services involved 
in providing, monitoring, or administering mental health or 
developmental disability services, including, but not limited 
to, payroll personnel, contractors, subcontractors, and 
volunteers.  A required reporter shall report the allegation of 
abuse or neglect, or cause a report to be made, to the Office 
of the Inspector General (OIG) Hotline  no later than 4 hours 
after the initial discovery of the incident of alleged abuse or 
neglect.  A required reporter as defined in this paragraph who 
willfully fails to comply with the reporting requirement is 
guilty of a Class A misdemeanor.


    For purposes of this Section, "State-operated facility" 
means a mental health facility or a developmental disability 
facility as defined in Sections 1-114 and 1-107 of the Mental 
Health and Developmental Disabilities Code.
    For purposes of this Section, "community agency" or 
"agency" means any community entity or program providing mental 
health or developmental disabilities services that is 
licensed, certified, or funded by the Department of Human 
Services and is not licensed or certified by any other human 
services agency of the State (for example, the Department of 
Public Health, the Department of Children and Family Services, 
or the Department of Healthcare and Family Services).

    When the Office of the Inspector General has substantiated 
a case of abuse
or neglect, the Inspector General shall include 
in the final report any
mitigating or aggravating circumstances 
that were identified during the
investigation.  Upon 
determination that a report of neglect is
substantiated, the 
Inspector General shall then determine whether such neglect

rises to the level of egregious neglect.


    (b) The Inspector General shall, within 24 hours after 
determining that a reported allegation of suspected abuse or 
neglect
indicates that any possible criminal act has been 
committed
or that special
expertise is required in the 
investigation,
 immediately notify the
Department of State 
Police or the appropriate law enforcement entity.  The 
Department of State Police shall
investigate any report from a 
State-operated facility indicating a possible murder, rape, or 
other felony.
All investigations conducted by the Inspector 
General shall be conducted in
a manner designed to ensure the 
preservation of evidence for possible use
in a criminal 
prosecution.


    (b-5) The Inspector General shall make a determination to 
accept or reject
a preliminary report of the
investigation of 
alleged abuse or neglect based on established investigative

procedures.
Notice of the Inspector General's determination 
must be given to
the person who claims to be the victim of the 
abuse or neglect, to
the person
or persons alleged to have been 
responsible for abuse or neglect, and to the
facility or 
agency.
The facility or agency or the person or persons alleged

to
have been responsible
for the abuse or neglect and the 
person who claims to be the victim of the
abuse or neglect may 
request clarification or
reconsideration
based on additional 
information.  For cases where the allegation of abuse or
neglect 
is substantiated, the Inspector General shall require the 
facility or
agency to submit a written response.  The written 
response from a facility or
agency shall address in a concise 
and reasoned manner the actions
that the agency or facility 
will take or has taken to protect the resident or
patient from 
abuse or neglect, prevent reoccurrences, and eliminate 
problems
identified and shall include implementation and 
completion dates for all such
action.


    (c) The Inspector General shall, within 10 calendar days 
after the
transmittal date of a completed investigation where 
abuse or neglect is
substantiated or administrative action is 
recommended, provide a complete
report on the case to the 
Secretary of Human Services and to the agency in
which the 
abuse or neglect is
alleged to have happened.
The complete 
report shall include a written response from the agency or

facility operated by the State to the Inspector General that 
addresses in a
concise and reasoned manner the actions that the 
agency or facility
will take or has taken to protect the 
resident or patient from abuse or
neglect, prevent 
reoccurrences, and eliminate problems identified and
shall 
include implementation and completion dates for all such 
action.  The
Secretary of Human Services shall accept or reject 
the
response and establish how the Department will determine 
whether the facility
or program followed the approved response.  
The Secretary may require
Department
personnel to visit the 
facility or agency for training, technical assistance,

programmatic, licensure, or certification purposes.  
Administrative action,
including sanctions, may be applied 
should the Secretary reject the response or
should the facility 
or agency fail to follow the approved response.
Within 30 days 
after the
Secretary has approved a response, the facility or 
agency making the response
shall provide an implementation 
report to the Inspector General on the status
of the corrective 
action
implemented. Within 60 days after the Secretary has 
approved the response,
the facility or agency shall send notice 
of the completion of the corrective
action or shall send an 
updated implementation report. The facility or agency
shall 
continue sending updated implementation reports every 60 days 
until the
facility or agency sends a notice of the completion 
of the corrective action.
The Inspector General shall review 
any implementation plan that takes more than
120 days. The 
Inspector General shall monitor compliance through a random

review of completed corrective actions. This monitoring may 
include, but need
not be limited to, site visits, telephone 
contacts, or requests for written
documentation from the

facility or agency to determine whether the facility or agency 
is in
compliance with the approved response.  The facility or 
agency shall inform
the
resident or patient and the legal 
guardian whether the
reported allegation was substantiated, 
unsubstantiated, or unfounded.
 There shall be an appeals 
process for any person or
agency that is subject to any action 
based on a recommendation or
recommendations.


    (d) The Inspector General may recommend to the Departments 
of
Public Health and Human Services sanctions to be
imposed 
against mental health and developmental disabilities 
facilities
under the jurisdiction of the Department of Human 
Services for the protection
of residents,
including 
appointment of on-site monitors or receivers, transfer or 
relocation
of residents, and closure of units.  The Inspector 
General may seek the
assistance of the Attorney General or any 
of the several State's attorneys in
imposing such sanctions.  
Whenever the Inspector General issues any
recommendations to 
the Secretary of Human Services, the Secretary shall provide
a 
written response.


    (e) The Inspector General shall establish and conduct 
periodic
training programs for Department of Human Services 
employees concerning the
prevention and reporting of neglect 
and abuse.


    (f) The Inspector General shall at all times be granted 
access to any
mental health or developmental disabilities 
facility operated by the
Department of Human Services, shall 
establish and
conduct unannounced site visits to those 
facilities at least once annually,
and shall be granted access, 
for the purpose of investigating a report of abuse
or neglect, 
to the records of the Department of Human Services and to any

facility or program funded by the Department of Human Services 
that is
subject
under the provisions of this Section to 
investigation by the Inspector General
for a report of abuse or 
neglect.


    (g) Nothing in this Section shall limit investigations by 
the
Department of Human Services that may
otherwise be required 
by law or that may be necessary in that Department's
capacity 
as the central administrative authority responsible for the

operation of State mental health and developmental disability 
facilities.


    (g-5) After notice and an opportunity for a hearing that is 
separate and
distinct
from the Office of the Inspector 
General's appeals process as implemented under
subsection (c) 
of this Section, the Inspector General shall report to the

Department of
Public Health's nurse aide registry under Section 
3-206.01 of the Nursing Home
Care Act
the identity of 
individuals against whom there has been a substantiated
finding 
of
physical or sexual
abuse or egregious neglect of a service 
recipient.


    Nothing in this subsection shall diminish or impair the 
rights of a person
who
is a
member of a collective bargaining 
unit pursuant to the Illinois
Public Labor
Relations Act or 
pursuant to any federal labor statute.
An individual who is a 
member of a collective bargaining unit as described
above shall 
not be reported to the Department of Public Health's nurse aide

registry until the exhaustion of that individual's grievance 
and arbitration
rights, or until 3 months after the initiation 
of the grievance process,
whichever occurs first, provided that 
the Department of Human
Services' hearing under
subsection (c), 
that is separate and
distinct from the Office of the Inspector 
General's
appeals process, has concluded.
Notwithstanding

anything
hereinafter or previously provided,
if an action taken 
by an employer against an individual as a result of the

circumstances that led to a finding of physical or sexual abuse 
or egregious
neglect is later overturned under a grievance or 
arbitration procedure provided
for in Section 8 of the Illinois 
Public Labor Relations Act or under a
collective bargaining 
agreement,
the report must be removed from the registry.


    The Department of Human Services shall promulgate or amend 
rules as
necessary or appropriate to establish procedures for 
reporting to the registry,
including the definition of 
egregious neglect,
procedures
for notice to the individual and 
victim,
appeal and hearing procedures, and petition for
removal 
of
the report
from the registry.
The portion of the rules 
pertaining to hearings shall provide that, at the
hearing, both 
parties may present written and oral evidence.
The Department 
shall be required to establish by a preponderance of the

evidence that the Office of the Inspector General's finding of 
physical or
sexual abuse or egregious neglect warrants 
reporting to the Department of
Public Health's nurse aide 
registry under Section 3-206.01 of the Nursing Home
Care Act.


    Notice to the individual shall include a clear and concise 
statement of the
grounds
on which the report to the registry is 
based and notice of the opportunity for
a hearing to
contest 
the report. The Department of Human Services shall provide the 
notice
by
certified mail to the last known address of the 
individual. The notice shall
give the individual an opportunity 
to contest
the report in
a hearing before the Department of 
Human Services or to submit a written
response to the
findings 
instead of requesting a hearing.
If the individual does not 
request a hearing or if after notice
and
a hearing
the 
Department of Human Services finds that the report is valid, 
the finding
shall be included as part of the registry, as well 
as a brief statement from
the reported individual if he or she 
chooses to make a statement. The
Department of Public Health 
shall make available to the public information
reported to the 
registry.
In a case of inquiries concerning an individual 
listed
in the registry, any information disclosed concerning a 
finding of abuse or
neglect shall also include disclosure of 
the individual's brief statement in
the registry relating to 
the reported finding or include a clear and accurate
summary of 
the statement.


    At any time after the report of the registry, an individual 
may petition the
Department of Human Services for removal from 
the registry of the finding
against him or her.  Upon receipt of 
such a petition, the Department of Human
Services shall conduct 
an investigation and hearing on the petition.  Upon
completion 
of the investigation and hearing, the Department of Human 
Services
shall
report the removal of the finding to the 
registry unless the Department of
Human Services determines 
that removal is not in the public interest.


(Source: P.A. 93-636, eff. 12-31-03; 94-428, eff. 8-2-05.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.