104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2805

 

Introduced 1/13/2026, by Sen. Celina Villanueva

 

SYNOPSIS AS INTRODUCED:
 
New Act
210 ILCS 9/156 new
210 ILCS 45/2-116 new
210 ILCS 55/13.1 new
320 ILCS 20/2  from Ch. 23, par. 6602

    Creates the Sexual Orientation, Gender Identity, and Gender Expression in Long-Term Care Bill of Rights Act. Establishes rights for a client who lives in a long-term care facility, or who receives home care services from a home care provider, from discrimination on the basis of actual or perceived sex, actual or perceived sexual orientation, actual or perceived gender identity, actual or perceived gender expression, or actual or perceived HIV status. Provides that an aggrieved person may enforce violations of the Act against a long-term care facility or a home care provider and the staff of the long-term care facility or home care provider through a civil action. Sets forth provisions concerning gender identity in client records; required training for all long-term care facilities and home care providers; arbitration agreements; interpretation of the Act; and enforcement of rights, including civil penalties and other administrative actions. Amends the Assisted Living and Shared Housing Act, the Nursing Home Care Act, and the Home Health, Home Services, and Home Nursing Agency Licensing Act to require compliance with the Sexual orientation, Gender Identity, and Gender Expression in Long-Term Care Bill of Rights Act. Amends the Adult Protective Services Act to include intentional misgendering and unlawful discrimination in the definition of "abuse".


LRB104 17161 BAB 30580 b

 

 

A BILL FOR

 

SB2805LRB104 17161 BAB 30580 b

1    AN ACT concerning human rights.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Sexual
5orientation, Gender Identity, and Gender Expression in
6Long-Term Care Bill of Rights Act.
 
7    Section 5. Definitions. In this Act:
8    "Abuse" has the meaning given to that term in Section 20 of
9the Adult Protective Services Act.
10    "Client" means a resident of a long-term care facility or
11an individual receiving home health services from a home care
12provider.
13    "Direct contact" includes, but is not limited to,
14communications with the client through in-person interactions,
15phone calls, text messages, emails, virtual messages, and
16letters.
17    "Direct contact employee or contractor" means any employee
18or contractor who makes direct contact with the client.
19    "Home care provider" means a home health agency, home
20services agency, or home nursing agency licensed under the
21Home Health, Home Services, and Home Nursing Agency Licensing
22Act.
23    "Long-term care facility" has the meaning given to that

 

 

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1term in Section 12-4.42 of the Illinois Public Aid Code.
2    "Non-direct contact employee or contractor" means an
3employee or contractor who does not make direct contact with
4the client.
 
5    Section 10. Sexual Orientation, Gender Identity, and
6Gender Expression in Long-Term Care Bill of Rights. To protect
7a client who lives in a long-term care facility, or who
8receives home care services from a home care provider, from
9discrimination on the basis of actual or perceived sex, actual
10or perceived sexual orientation, actual or perceived gender
11identity, actual or perceived gender expression, or actual or
12perceived HIV status, the client shall have the right to:
13        (1) Receive oral and written information, in plain
14    language and in a language the client understands, about
15    rights before receiving services, including what to do and
16    whom to contact if rights are violated.
17        (2) Receive a nondiscrimination notice on or prior to
18    the start date of services.
19            (A) The notice shall read "[Name of long-term care
20        facility or home care provider] does not discriminate
21        and does not permit discrimination, including, but not
22        limited to, bullying, abuse, or harassment, on the
23        basis of actual or perceived sex, actual or perceived
24        sexual orientation, actual or perceived gender
25        identity, actual or perceived gender expression, or

 

 

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1        actual or perceived HIV status or on the basis of
2        association with another individual on account of that
3        individual's actual or perceived sex, actual or
4        perceived sexual orientation, actual or perceived
5        gender identity, actual or perceived gender
6        expression, or actual or perceived HIV status. You may
7        file a complaint with the [appropriate agency]
8        [provide contact information] if you believe that you
9        have experienced this kind of discrimination.".
10            (B) The long-term care facility or home care
11        provider shall have each client and the client's
12        representative, if applicable, sign a copy of this
13        notice, and the signed copy shall be included in the
14        client's record, if applicable.
15            (C) Long-term care facilities must also post this
16        nondiscrimination notice in prominent physical
17        locations accessible to individuals who have low
18        vision in font no smaller than 20-point.
19        (3) Receive oral and written information, in plain
20    language and in language the client understands, before
21    receiving services, of the type and disciplines of staff
22    who will be providing the services, and whether they have
23    LGBTQ and HIV cultural competency training as set forth in
24    Section 20.
25        (4) Receive oral and written information, in plain
26    language and in language the client understands, before

 

 

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1    services are initiated, about what the provider charges
2    for the services; to what extent payment may be expected
3    from health insurance, public programs, or other sources,
4    if known; what charges the client may be responsible for
5    paying; and what charges might be impacted by the client's
6    sexual orientation, gender identity, gender expression, or
7    actual or perceived HIV status.
8        (5) Be served by people who meet applicable standards
9    of care, pursuant to Section 20, and who must be competent
10    in the performance of any applicable duties.
11        (6) Be treated with dignity and respect, including,
12    but not limited to, using the client's chosen name and
13    pronouns, and be free from a willful and repeated failure
14    to use a client's chosen name and pronouns after being
15    clearly informed of the client's preference; this includes
16    using the chosen name, pronouns, and the gender identity
17    last expressed by the client if the client lacks the
18    present ability to communicate.
19        (7) Be free from discrimination based on private and
20    personal items belonging to the client, including, but not
21    limited to, photographs, letters, mail, clothing,
22    toiletries, cosmetics, keepsakes, and decor.
23        (8) Be free to have visitors of the client's choice
24    and to restrict or prohibit individuals from visiting the
25    client. Client's visitors shall also be free from
26    discrimination based on actual or perceived sex, actual or

 

 

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1    perceived sexual orientation, actual or perceived gender
2    identity, actual or perceived gender expression, or actual
3    or perceived HIV status.
4        (9) Be free to associate with other residents or other
5    visitors, including the client's right to privacy, to
6    consensual sexual relations, or to display physical
7    affection, unless the restriction is uniformly applied to
8    all other clients in a nondiscriminatory manner.
9        (10) Where rooms are assigned by gender, be free to
10    reside in a room that corresponds with the client's gender
11    identity.
12        (11) Where bathrooms are gender-specific, be free to
13    use the bathroom that corresponds with the client's gender
14    identity.
15        (12) Where groups or activities are gender-specific,
16    be free to join the group or activity that corresponds
17    with the client's gender identity, or to not be compelled
18    to attend a group or participate in an activity that is not
19    in alignment with the client's gender identity.
20        (13) Be free to wear, be dressed in, or use clothing,
21    accessories, cosmetics, prosthetics, bindings, or hair
22    pieces and to engage in grooming practices of the client's
23    choosing that are permitted to any other client. This
24    right shall persist in accordance with the gender identity
25    last expressed by the client if the client lacks the
26    present ability to communicate.

 

 

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1        (14) Be free to access medical or nonmedical care that
2    is appropriate to a client's organs and bodily needs and
3    be provided with medical or nonmedical care that retains
4    the client's dignity and does not cause avoidable
5    discomfort.
6        (15) Be free to access any assessments, therapies,
7    treatments, and support services that are recommended by
8    the client's health care or social services provider,
9    including, but not limited to, transgender-related medical
10    care, hormone therapy, supportive counseling, and support
11    groups.
12        (16) If a home care provider terminates service,
13    receive written notice of the home care provider's reason
14    for termination of services within 10 days after the
15    termination of service. This notice shall include the
16    employer's name, phone number, date that the services were
17    terminated, and a statement that explains why services
18    were terminated.
19        (17) Receive oral and written information, in plain
20    language and in a language the client understands,
21    explaining how to contact an individual associated with
22    the long-term care facility or home care provider who is
23    responsible for addressing any grievance or complaint, and
24    to direct the home care provider or long-term care
25    facility to investigate and attempt, in good faith, to
26    resolve the grievance or complaint. The long-term care

 

 

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1    facility or home care provider must provide the title,
2    name, and phone number of the employee or contractor of
3    the long-term care facility or home care provider who is
4    authorized to address any grievance or complaint.
5        (18) Receive oral and written information, in plain
6    language and in a language the client understands,
7    providing the name, address, phone number, and email
8    address of the State, county, or city agency to contact
9    for additional information or assistance.
10        (19) Assert these rights personally, or have them
11    asserted by the client's representative or by anyone on
12    behalf of the client, without retaliation.
 
13    Section 15. Gender identity and chosen name in client
14records.
15    (a) Long-term care facilities and home care providers
16shall implement procedures regarding client records generated
17at the time of admission and during the treatment to ensure
18that the records include the client's gender identity and the
19client's chosen name and pronouns, as indicated by the client.
20    (b) Unless required by State or federal law, a long-term
21care facility shall not disclose any personally identifiable
22information regarding a client's:
23        (1) sexual orientation;
24        (2) LGBTQ status;
25        (3) sex assigned at birth, if it differs from the

 

 

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1    client's gender identity;
2        (4) gender transition status;
3        (5) HIV status; or
4        (6) congenital and medically verifiable differences in
5    sex development.
6    (c) A long-term care facility or home care provider shall
7take appropriate steps to minimize the likelihood of
8inadvertent or accidental disclosure of the information
9described in subsection (b).
 
10    Section 20. Bill of rights training required for all
11long-term care facilities.
12    (a) Within 6 months after an employee is hired by a
13long-term care facility or a home care provider, including
14nonvolunteer providers of home care services and any entity
15that contracts with a home care provider to provide home care
16services, the employee shall complete the staff development
17program training set forth in subsection (b) and shall
18complete this training every 2 years thereafter. At least once
19every 2 years, a long-term care facility or home care provider
20shall ensure that each employee or contractor receives
21training designed to prevent and eliminate discrimination
22based on actual or perceived sex, actual or perceived sexual
23orientation, actual or perceived gender identity, actual or
24perceived gender expression, or actual or perceived HIV
25status. A direct contact employee or contractor shall receive

 

 

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14 hours of training every 2 years, while a non-direct contact
2employee or contractor shall engage in 2 hours of training
3every 2 years. A person required to receive training under
4this Section shall receive the training within 6 months after
5the person's hiring date, unless the person provides proof of
6having received training within the prior 2 years that is
7determined to be compliant with this Section by the hiring
8long-term care facility or home care provider.
9    (b) At a minimum, the training required under this Section
10shall provide the following:
11        (1) An understanding of the terms and language
12    commonly used by members of the LGBTQ and HIV community,
13    including, but not limited to, sexual orientation,
14    congenital and medically verifiable differences in sex
15    development, gender identity, gender expression, and HIV
16    status.
17        (2) A description of the health and social challenges
18    historically experienced by LGBTQ community members and
19    people living with HIV, including discrimination when
20    seeking or receiving care and the demonstrated physical
21    and mental health effects within the LGBTQ and HIV
22    communities associated with such discrimination.
23        (3) Best practices for communicating with or about the
24    LGBTQ community and people living with HIV, including the
25    use of an individual's chosen name and pronouns.
26        (4) Strategies to create a safe and affirming

 

 

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1    environment for LGBTQ community members and people living
2    with HIV, including suggested changes to home care
3    policies and procedures, forms, signage, communication
4    between clients and clients' families, activities,
5    in-house services, and staff training.
6        (5) An understanding of why people with a diverse
7    sexual orientation, congenital and medically verifiable
8    differences in sex development, gender identity, gender
9    expression, or HIV status may hide their identities.
10        (6) An overview of the unique needs of people with a
11    diverse sexual orientation, congenital and medically
12    verifiable differences in sex development, gender
13    identity, gender expression, or actual HIV status.
14        (7) An overview of various rights and protections for
15    people with a diverse sexual orientation, congenital and
16    medically verifiable differences in sex development,
17    gender identity, gender expression, or HIV status.
18        (8) How to respectfully respond to questions and
19    concerns that arise in conversations relating to sexual
20    orientation, congenital and medically verifiable
21    differences in sex development, gender identity, gender
22    expression, and HIV status.
23        (9) Practical tips about how to ask questions related
24    to sexual orientation, congenital and medically verifiable
25    differences in sex development, gender identity, gender
26    expression, and HIV status, and an explanation of why

 

 

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1    these questions are important for all service
2    organizations.
3        (10) Basic HIV information, transmission facts, and
4    the debunking of common myths about HIV.
5        (11) An understanding of post-exposure prophylaxis
6    (PEP), pre-exposure prophylaxis (PrEP), and other HIV
7    prevention methods, including harm reduction, and the
8    understanding that the use of these medications for
9    prevention does not indicate that a client has HIV.
10        (12) An overview of the history of HIV, stigma, and
11    discrimination and the role of that history in creating a
12    respectful and inclusive environment for residents.
13        (13) An overview of the provisions of this Act.
14    (c) The training shall be administered by an entity with
15expertise in identifying and addressing the legal and social
16challenges faced by LGBTQ persons and persons living with HIV
17as they age and those faced by LGBTQ persons and persons living
18with HIV who receive home care services or live in a long-term
19care facility.
20    (d) The training must be either an in-person training or
21Internet-based training.
22        (1) The use of in-person training requires proof of
23    participant attendance in the form of a certificate signed
24    by the participant and the participant's supervisor.
25        (2) The use of Internet-based training requires the
26    following:

 

 

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1            (A) controls to ensure that the full training is
2        completed;
3            (B) the use of a personal identification number or
4        personal identification information that confirms the
5        identity of the participant; and
6            (C) a final screen displaying a printable
7        statement, to be signed by the participant and the
8        participant's supervisor, certifying that the
9        identified participant completed the identified
10        training.
11    (e) Records of each staff development program shall be
12maintained. The records shall include the name and title of
13the presenter, date of presentation, title of subject
14presented, description of content, and signatures of those
15attending.
 
16    Section 25. Interpretation and enforcement of rights.
17    (a) An aggrieved person may enforce violations of this Act
18against a long-term care facility or a home care provider and
19the staff of the long-term care facility or home care provider
20by bringing a civil action. Long-term care facilities and home
21care providers may not request or require a client to
22surrender any of these rights as a condition of receiving
23services.
24        (1) A long-term care facility or home care provider
25    must not require a client or the client's representative

 

 

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1    to sign an agreement for binding arbitration as a
2    condition of admission to a long-term care facility, to
3    continue to receive care at a long-term care facility, to
4    begin receiving home care services, or to continue
5    receiving home care services.
6        (2) If there is an agreement for binding arbitration,
7    the long-term care facility or home care provider must
8    ensure that:
9            (A) The agreement is explained to the client or
10        the client's representative in a form and manner that
11        the client or the client's representative understands,
12        including in a language the client or the client's
13        representative understands.
14            (B) The client or the client's representative
15        acknowledges that the client or the client's
16        representative understands the agreement.
17            (C) The agreement provides for the selection of a
18        neutral arbitrator agreed upon by both parties.
19            (D) The agreement provides for the selection of a
20        venue that is convenient to both parties.
21        (3) The agreement must explicitly grant the client or
22    the client's representative the right to rescind the
23    agreement within 30 calendar days after signing it.
24        (4) The agreement must explicitly state that neither
25    the client nor the client's representative is required to
26    sign an agreement for binding arbitration as a condition

 

 

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1    of admission to a long-term care facility, to continue to
2    receive care at a long-term care facility, to begin
3    receiving home care services, or to continue receiving
4    home care services.
5        (5) If the client is the prevailing party in the
6    dispute, the client shall be entitled to collect from the
7    opposing party all costs incurred in the dispute,
8    including reasonable attorneys' fees.
9    (b) If any of the rights in this Act are violated, a client
10may contact the Illinois Long-Term Care Ombudsman Program or
11the Illinois Home Care Ombudsman Program. The statement of
12rights in this Act does not replace or diminish other rights
13and liberties that may exist relative to clients in a
14long-term care facility or receiving home care services.
15        (1) A long-term care facility or home care provider
16    that violates this Act, or that employs a staff member who
17    violates the provisions of this Act, shall be subject to
18    civil penalties or other administrative action, including,
19    but not limited to, fines.
20        (2) No long-term care facility or home care provider
21    may require or request a client to waive any of the rights
22    listed in this Act at any time or for any reasons,
23    including as a condition of initiating services or
24    entering into a contract with a long-term care facility or
25    home care provider.
26        (3) All recipients of State funding, including, but

 

 

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1    not limited to, funding provided by the Department on
2    Aging, the Department of Healthcare and Family Services,
3    an area agency on aging, or any other long-term care
4    facility or home care provider that receives State
5    funding, must comply with this Section.
 
6    Section 30. The Assisted Living and Shared Housing Act is
7amended by adding Section 156 as follows:
 
8    (210 ILCS 9/156 new)
9    Sec. 156. Sexual orientation, Gender Identity, and Gender
10Expression in Long-Term Care Bill of Rights Act compliance. An
11establishment licensed under this Act shall comply with the
12requirements of the Sexual orientation, Gender identity, and
13Gender Expression Bill of Rights Act.
 
14    Section 35. The Nursing Home Care Act is amended by adding
15Section 2-116 as follows:
 
16    (210 ILCS 45/2-116 new)
17    Sec. 2-116. Sexual orientation, Gender Identity, and
18Gender Expression in Long-Term Care Bill of Rights Act
19compliance. A facility shall comply with the requirements of
20the Sexual orientation, Gender identity, and Gender Expression
21Bill of Rights Act.
 

 

 

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1    Section 40. The Home Health, Home Services, and Home
2Nursing Agency Licensing Act is amended by adding Section 13.1
3as follows:
 
4    (210 ILCS 55/13.1 new)
5    Sec. 13.1. Sexual orientation, Gender Identity, and Gender
6Expression in Long-Term Care Bill of Rights Act compliance. An
7agency licensed under this Act shall comply with the
8requirements of the Sexual orientation, Gender identity, and
9Gender Expression Bill of Rights Act.
 
10    Section 45. The Adult Protective Services Act is amended
11by changing Section 2 as follows:
 
12    (320 ILCS 20/2)  (from Ch. 23, par. 6602)
13    Sec. 2. Definitions. As used in this Act, unless the
14context requires otherwise:
15    (a) "Abandonment" means the desertion or willful forsaking
16of an eligible adult by an individual responsible for the care
17and custody of that eligible adult under circumstances in
18which a reasonable person would continue to provide care and
19custody. Nothing in this Act shall be construed to mean that an
20eligible adult is a victim of abandonment because of health
21care services provided or not provided by licensed health care
22professionals.
23    (a-1) "Abuse" means causing any physical, mental, or

 

 

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1sexual injury to an eligible adult, including exploitation of
2such adult's financial resources, and abandonment or
3subjecting an eligible adult to an environment which creates a
4likelihood of harm to the eligible adult's health, physical
5and emotional well-being, or welfare, intentional
6misgendering, and unlawful discrimination as defined in
7Section 1-103 of the Illinois Human Rights Act.
8    Nothing in this Act shall be construed to mean that an
9eligible adult is a victim of abuse, abandonment, neglect, or
10self-neglect for the sole reason that he or she is being
11furnished with or relies upon treatment by spiritual means
12through prayer alone, in accordance with the tenets and
13practices of a recognized church or religious denomination.
14    Nothing in this Act shall be construed to mean that an
15eligible adult is a victim of abuse because of health care
16services provided or not provided by licensed health care
17professionals.
18    Nothing in this Act shall be construed to mean that an
19eligible adult is a victim of abuse in cases of criminal
20activity by strangers, telemarketing scams, consumer fraud,
21internet fraud, home repair disputes, complaints against a
22homeowners' association, or complaints between landlords and
23tenants.
24    (a-5) "Abuser" means a person who is a family member,
25caregiver, or another person who has a continuing relationship
26with the eligible adult and abuses, abandons, neglects, or

 

 

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1financially exploits an eligible adult.
2    (a-6) "Adult with disabilities" means a person aged 18
3through 59 who resides in a domestic living situation and
4whose disability as defined in subsection (c-5) impairs his or
5her ability to seek or obtain protection from abuse,
6abandonment, neglect, or exploitation.
7    (a-7) "Caregiver" means a person who either as a result of
8a family relationship, voluntarily, or in exchange for
9compensation has assumed responsibility for all or a portion
10of the care of an eligible adult who needs assistance with
11activities of daily living or instrumental activities of daily
12living.
13    (b) "Department" means the Department on Aging of the
14State of Illinois.
15    (c) "Director" means the Director of the Department.
16    (c-5) "Disability" means a physical or mental disability,
17including, but not limited to, a developmental disability, an
18intellectual disability, a mental illness as defined under the
19Mental Health and Developmental Disabilities Code, or dementia
20as defined under the Alzheimer's Disease Assistance Act.
21    (d) "Domestic living situation" means a residence where
22the eligible adult at the time of the report lives alone or
23with his or her family or a caregiver, or others, or other
24community-based unlicensed facility, but is not:
25        (1) A licensed facility as defined in Section 1-113 of
26    the Nursing Home Care Act;

 

 

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1        (1.5) A facility licensed under the ID/DD Community
2    Care Act;
3        (1.6) A facility licensed under the MC/DD Act;
4        (1.7) A facility licensed under the Specialized Mental
5    Health Rehabilitation Act of 2013;
6        (2) A "life care facility" as defined in the Life Care
7    Facilities Act;
8        (3) A home, institution, or other place operated by
9    the federal government or agency thereof or by the State
10    of Illinois;
11        (4) A hospital, sanitarium, or other institution, the
12    principal activity or business of which is the diagnosis,
13    care, and treatment of human illness through the
14    maintenance and operation of organized facilities
15    therefor, which is required to be licensed under the
16    Hospital Licensing Act;
17        (5) A "community living facility" as defined in the
18    Community Living Facilities Licensing Act;
19        (6) (Blank);
20        (7) A "community-integrated living arrangement" as
21    defined in the Community-Integrated Living Arrangements
22    Licensure and Certification Act or a "community
23    residential alternative" as licensed under that Act;
24        (8) An assisted living or shared housing establishment
25    as defined in the Assisted Living and Shared Housing Act;
26    or

 

 

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1        (9) A supportive living facility as described in
2    Section 5-5.01a of the Illinois Public Aid Code.
3    (e) "Eligible adult" means either an adult with
4disabilities aged 18 through 59 or a person aged 60 or older
5who resides in a domestic living situation and is, or is
6alleged to be, abused, abandoned, neglected, or financially
7exploited by another individual or who neglects himself or
8herself. "Eligible adult" also includes an adult who resides
9in any of the facilities that are excluded from the definition
10of "domestic living situation" under paragraphs (1) through
11(9) of subsection (d), if either: (i) the alleged abuse,
12abandonment, or neglect occurs outside of the facility and not
13under facility supervision and the alleged abuser is a family
14member, caregiver, or another person who has a continuing
15relationship with the adult; or (ii) the alleged financial
16exploitation is perpetrated by a family member, caregiver, or
17another person who has a continuing relationship with the
18adult, but who is not an employee of the facility where the
19adult resides.
20    (f) "Emergency" means a situation in which an eligible
21adult is living in conditions presenting a risk of death or
22physical, mental or sexual injury and the provider agency has
23reason to believe the eligible adult is unable to consent to
24services which would alleviate that risk.
25    (f-1) "Financial exploitation" means the use of an
26eligible adult's resources by another to the disadvantage of

 

 

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1that adult or the profit or advantage of a person other than
2that adult.
3    (f-3) "Investment advisor" means any person required to
4register as an investment adviser or investment adviser
5representative under Section 8 of the Illinois Securities Law
6of 1953, which for purposes of this Act excludes any bank,
7trust company, savings bank, or credit union, or their
8respective employees.
9    (f-5) "Mandated reporter" means any of the following
10persons while engaged in carrying out their professional
11duties:
12        (1) a professional or professional's delegate while
13    engaged in: (i) social services, (ii) law enforcement,
14    (iii) education, (iv) the care of an eligible adult or
15    eligible adults, or (v) any of the occupations required to
16    be licensed under the Behavior Analyst Licensing Act, the
17    Clinical Psychologist Licensing Act, the Clinical Social
18    Work and Social Work Practice Act, the Illinois Dental
19    Practice Act, the Dietitian Nutritionist Practice Act, the
20    Marriage and Family Therapy Licensing Act, the Medical
21    Practice Act of 1987, the Naprapathic Practice Act, the
22    Nurse Practice Act, the Nursing Home Administrators
23    Licensing and Disciplinary Act, the Illinois Occupational
24    Therapy Practice Act, the Illinois Optometric Practice Act
25    of 1987, the Pharmacy Practice Act, the Illinois Physical
26    Therapy Act, the Physician Assistant Practice Act of 1987,

 

 

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1    the Podiatric Medical Practice Act of 1987, the
2    Respiratory Care Practice Act, the Professional Counselor
3    and Clinical Professional Counselor Licensing and Practice
4    Act, the Illinois Speech-Language Pathology and Audiology
5    Practice Act, the Veterinary Medicine and Surgery Practice
6    Act of 2004, and the Illinois Public Accounting Act;
7        (1.5) an employee of an entity providing developmental
8    disabilities services or service coordination funded by
9    the Department of Human Services;
10        (2) an employee of a vocational rehabilitation
11    facility prescribed or supervised by the Department of
12    Human Services;
13        (3) an administrator, employee, or person providing
14    services in or through an unlicensed community based
15    facility;
16        (4) any religious practitioner who provides treatment
17    by prayer or spiritual means alone in accordance with the
18    tenets and practices of a recognized church or religious
19    denomination, except as to information received in any
20    confession or sacred communication enjoined by the
21    discipline of the religious denomination to be held
22    confidential;
23        (5) field personnel of the Department of Healthcare
24    and Family Services, Department of Public Health, and
25    Department of Human Services, and any county or municipal
26    health department;

 

 

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1        (6) personnel of the Department of Human Services, the
2    Guardianship and Advocacy Commission, the State Fire
3    Marshal, local fire departments, the Department on Aging
4    and its subsidiary Area Agencies on Aging and provider
5    agencies, except the State Long Term Care Ombudsman and
6    any of his or her representatives or volunteers where
7    prohibited from making such a report pursuant to 45 CFR
8    1324.11(e)(3)(iv);
9        (7) any employee of the State of Illinois not
10    otherwise specified herein who is involved in providing
11    services to eligible adults, including professionals
12    providing medical or rehabilitation services and all other
13    persons having direct contact with eligible adults;
14        (8) a person who performs the duties of a coroner or
15    medical examiner;
16        (9) a person who performs the duties of a paramedic or
17    an emergency medical technician; or
18        (10) a person who performs the duties of an investment
19    advisor.
20    (g) "Neglect" means another individual's failure to
21provide an eligible adult with or willful withholding from an
22eligible adult the necessities of life including, but not
23limited to, food, clothing, shelter or health care. This
24subsection does not create any new affirmative duty to provide
25support to eligible adults. Nothing in this Act shall be
26construed to mean that an eligible adult is a victim of neglect

 

 

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1because of health care services provided or not provided by
2licensed health care professionals.
3    (h) "Provider agency" means any public or nonprofit agency
4in a planning and service area that is selected by the
5Department or appointed by the regional administrative agency
6with prior approval by the Department on Aging to receive and
7assess reports of alleged or suspected abuse, abandonment,
8neglect, or financial exploitation. A provider agency is also
9referenced as a "designated agency" in this Act.
10    (i) "Regional administrative agency" means any public or
11nonprofit agency in a planning and service area that provides
12regional oversight and performs functions as set forth in
13subsection (b) of Section 3 of this Act. The Department shall
14designate an Area Agency on Aging as the regional
15administrative agency or, in the event the Area Agency on
16Aging in that planning and service area is deemed by the
17Department to be unwilling or unable to provide those
18functions, the Department may serve as the regional
19administrative agency or designate another qualified entity to
20serve as the regional administrative agency; any such
21designation shall be subject to terms set forth by the
22Department.
23    (i-5) "Self-neglect" means a condition that is the result
24of an eligible adult's inability, due to physical or mental
25impairments, or both, or a diminished capacity, to perform
26essential self-care tasks that substantially threaten his or

 

 

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1her own health, including: providing essential food, clothing,
2shelter, and health care; and obtaining goods and services
3necessary to maintain physical health, mental health,
4emotional well-being, and general safety. The term includes
5compulsive hoarding, which is characterized by the acquisition
6and retention of large quantities of items and materials that
7produce an extensively cluttered living space, which
8significantly impairs the performance of essential self-care
9tasks or otherwise substantially threatens life or safety.
10    (j) "Substantiated case" means a reported case of alleged
11or suspected abuse, abandonment, neglect, financial
12exploitation, or self-neglect in which a provider agency,
13after assessment, determines that there is reason to believe
14abuse, abandonment, neglect, or financial exploitation has
15occurred.
16    (k) "Verified" means a determination that there is "clear
17and convincing evidence" that the specific injury or harm
18alleged was the result of abuse, abandonment, neglect, or
19financial exploitation.
20(Source: P.A. 102-244, eff. 1-1-22; 102-953, eff. 5-27-22;
21103-329, eff. 1-1-24; 103-626, eff. 1-1-25.)