Public Act 099-0287
 
SB1309 EnrolledLRB099 10475 KTG 30702 b


  
    AN ACT concerning aging.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Adult Protective Services Act is amended  by 
changing Section 8 as follows:
 



    (320 ILCS 20/8)  (from Ch. 23, par. 6608)



    Sec. 8. Access to records. All records concerning reports 
of abuse,
neglect, financial exploitation, or self-neglect and 
all records generated as a result of
such reports shall be 
confidential and shall not be disclosed except as
specifically 
authorized by this Act or other applicable law. In accord with 
established law and Department protocols, procedures, and 
policies, access to such
records, but not access to the 
identity of the person or persons making a
report of alleged 
abuse, neglect,
financial exploitation, or self-neglect as 
contained in
such records, shall be provided, upon request, to 
the following persons and for the following
persons:

        (1) Department staff, provider agency staff, other 
    aging network staff, and
regional administrative agency 
    staff, including staff of the Chicago Department on Aging 
    while that agency is designated as a regional 
    administrative agency, in the furtherance of their

    responsibilities under this Act;

        (1.5) A representative of the public guardian acting in 
    the course of investigating the appropriateness of 
    guardianship for the eligible adult or while pursuing a 
    petition for guardianship of the eligible adult pursuant to 
    the Probate Act of 1975; 
        (2) A law enforcement agency investigating known or 
    suspected
 abuse, neglect, financial exploitation, or 
    self-neglect.  Where a provider
agency has reason to believe 
    that the
death of an eligible adult may be the result of 
    abuse or neglect, including any reports made after death, 
    the agency
shall immediately provide the appropriate law 
    enforcement agency with all
records pertaining to the 
    eligible adult;

        (2.5) A law enforcement agency, fire department 
    agency, or fire protection district having proper 
    jurisdiction pursuant to a written agreement between a 
    provider agency and the law enforcement agency, fire 
    department agency, or fire protection district under which 
    the provider agency may furnish to the law enforcement 
    agency, fire department agency, or fire protection 
    district a list of all eligible adults who may be at 
    imminent risk of abuse, neglect, financial exploitation, 
    or self-neglect; 
        (3) A physician who has before him or her or who is 
    involved
in the treatment of an eligible adult whom he or 
    she reasonably suspects
may be abused, neglected, 
    financially exploited, or self-neglected or who has been

    referred to the Adult Protective Services Program;

        (4) An eligible adult reported to be abused,
neglected,

    financially exploited, or self-neglected, or such adult's 
    authorized guardian or agent, unless such
guardian or agent 
    is the abuser or the alleged abuser;
        (4.5) An executor or administrator of the estate of an 
    eligible adult who is deceased; 

        (5) In cases regarding abuse, neglect, or financial 
    exploitation, a court or a guardian ad litem, upon its or 
    his or
her finding that access to such records may be

    necessary for the determination of an issue before the 
    court.
However,
such access shall be limited to an in 
    camera inspection of the records,
unless the court 
    determines that disclosure of the information contained

    therein is necessary for the resolution of an issue then 
    pending before it;

        (5.5) In cases regarding self-neglect, a guardian ad 
    litem;

        (6) A grand jury, upon its determination that access to 
    such
records is necessary in the conduct of its official 
    business;

        (7) Any person authorized by the Director, in writing, 
    for
audit or bona fide research purposes;

        (8) A coroner or medical examiner who has reason to 
    believe
that an eligible adult has died as the result of 
    abuse, neglect,
 financial exploitation, or self-neglect.  
    The provider agency shall immediately provide the
coroner

    or medical examiner with all records pertaining to the 
    eligible adult;

        (8.5) A coroner or medical examiner having proper 
    jurisdiction, pursuant to a written agreement between a 
    provider agency and the coroner or medical examiner, under 
    which the provider agency may furnish to the office of the 
    coroner or medical examiner a list of all eligible adults 
    who may be at imminent risk of death as a result of abuse, 
    neglect, financial exploitation, or self-neglect; 
        (9) Department of Financial and Professional 
    Regulation staff
and members of the Illinois Medical 
    Disciplinary Board or the Social Work Examining and 
    Disciplinary Board in the course
of investigating alleged 
    violations of the Clinical Social Work and Social Work

    Practice Act by provider agency staff or other licensing 
    bodies at the discretion of the Director of the Department 
    on Aging;
        (9-a) Department of Healthcare and Family Services 
    staff and provider agency staff when that Department is 
    funding services to the eligible adult, including access to 
    the identity of the eligible adult; 
        (9-b) Department of Human Services staff and provider 
    agency staff when that Department is funding services to 
    the eligible adult or is providing reimbursement for 
    services provided by the abuser or alleged abuser, 
    including access to the identity of the eligible adult; 
        (10) Hearing officers  in the course of conducting an 
    administrative hearing under this Act; parties to such 
    hearing shall be entitled to discovery as established by 
    rule;  

        (11) A caregiver who challenges placement on the 
    Registry shall be given the statement of allegations in the 
    abuse report and the substantiation decision in the final 
    investigative report; and 
        (12) The Illinois Guardianship and Advocacy Commission 
    and the agency designated by the Governor under Section 1 
    of the Protection and Advocacy for Developmentally 
    Disabled Persons Act shall have access, through the 
    Department, to records, including the findings, pertaining 
    to a completed or closed investigation of a report of 
    suspected abuse, neglect, financial exploitation, or 
    self-neglect of an eligible adult. 
(Source: P.A. 97-864, eff. 1-1-13; 98-49, eff. 7-1-13; 98-1039, 
eff. 8-25-14.)