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| | 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". |
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| | A BILL FOR |
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| 1 | | AN ACT concerning human rights. |
| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly: |
| 4 | | Section 1. Short title. This Act may be cited as the Sexual |
| 5 | | orientation, Gender Identity, and Gender Expression in |
| 6 | | Long-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 |
| 9 | | the Adult Protective Services Act. |
| 10 | | "Client" means a resident of a long-term care facility or |
| 11 | | an individual receiving home health services from a home care |
| 12 | | provider. |
| 13 | | "Direct contact" includes, but is not limited to, |
| 14 | | communications with the client through in-person interactions, |
| 15 | | phone calls, text messages, emails, virtual messages, and |
| 16 | | letters. |
| 17 | | "Direct contact employee or contractor" means any employee |
| 18 | | or contractor who makes direct contact with the client. |
| 19 | | "Home care provider" means a home health agency, home |
| 20 | | services agency, or home nursing agency licensed under the |
| 21 | | Home Health, Home Services, and Home Nursing Agency Licensing |
| 22 | | Act. |
| 23 | | "Long-term care facility" has the meaning given to that |
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| 1 | | term in Section 12-4.42 of the Illinois Public Aid Code. |
| 2 | | "Non-direct contact employee or contractor" means an |
| 3 | | employee or contractor who does not make direct contact with |
| 4 | | the client. |
| 5 | | Section 10. Sexual Orientation, Gender Identity, and |
| 6 | | Gender Expression in Long-Term Care Bill of Rights. To protect |
| 7 | | a client who lives in a long-term care facility, or who |
| 8 | | receives home care services from a home care provider, from |
| 9 | | discrimination on the basis of actual or perceived sex, actual |
| 10 | | or perceived sexual orientation, actual or perceived gender |
| 11 | | identity, actual or perceived gender expression, or actual or |
| 12 | | perceived 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 |
| 14 | | records. |
| 15 | | (a) Long-term care facilities and home care providers |
| 16 | | shall implement procedures regarding client records generated |
| 17 | | at the time of admission and during the treatment to ensure |
| 18 | | that the records include the client's gender identity and the |
| 19 | | client's chosen name and pronouns, as indicated by the client. |
| 20 | | (b) Unless required by State or federal law, a long-term |
| 21 | | care facility shall not disclose any personally identifiable |
| 22 | | information 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 |
| 7 | | take appropriate steps to minimize the likelihood of |
| 8 | | inadvertent or accidental disclosure of the information |
| 9 | | described in subsection (b). |
| 10 | | Section 20. Bill of rights training required for all |
| 11 | | long-term care facilities. |
| 12 | | (a) Within 6 months after an employee is hired by a |
| 13 | | long-term care facility or a home care provider, including |
| 14 | | nonvolunteer providers of home care services and any entity |
| 15 | | that contracts with a home care provider to provide home care |
| 16 | | services, the employee shall complete the staff development |
| 17 | | program training set forth in subsection (b) and shall |
| 18 | | complete this training every 2 years thereafter. At least once |
| 19 | | every 2 years, a long-term care facility or home care provider |
| 20 | | shall ensure that each employee or contractor receives |
| 21 | | training designed to prevent and eliminate discrimination |
| 22 | | based on actual or perceived sex, actual or perceived sexual |
| 23 | | orientation, actual or perceived gender identity, actual or |
| 24 | | perceived gender expression, or actual or perceived HIV |
| 25 | | status. A direct contact employee or contractor shall receive |
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| 1 | | 4 hours of training every 2 years, while a non-direct contact |
| 2 | | employee or contractor shall engage in 2 hours of training |
| 3 | | every 2 years. A person required to receive training under |
| 4 | | this Section shall receive the training within 6 months after |
| 5 | | the person's hiring date, unless the person provides proof of |
| 6 | | having received training within the prior 2 years that is |
| 7 | | determined to be compliant with this Section by the hiring |
| 8 | | long-term care facility or home care provider. |
| 9 | | (b) At a minimum, the training required under this Section |
| 10 | | shall 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 |
| 15 | | expertise in identifying and addressing the legal and social |
| 16 | | challenges faced by LGBTQ persons and persons living with HIV |
| 17 | | as they age and those faced by LGBTQ persons and persons living |
| 18 | | with HIV who receive home care services or live in a long-term |
| 19 | | care facility. |
| 20 | | (d) The training must be either an in-person training or |
| 21 | | Internet-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 |
| 12 | | maintained. The records shall include the name and title of |
| 13 | | the presenter, date of presentation, title of subject |
| 14 | | presented, description of content, and signatures of those |
| 15 | | attending. |
| 16 | | Section 25. Interpretation and enforcement of rights. |
| 17 | | (a) An aggrieved person may enforce violations of this Act |
| 18 | | against a long-term care facility or a home care provider and |
| 19 | | the staff of the long-term care facility or home care provider |
| 20 | | by bringing a civil action. Long-term care facilities and home |
| 21 | | care providers may not request or require a client to |
| 22 | | surrender any of these rights as a condition of receiving |
| 23 | | services. |
| 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 |
| 10 | | may contact the Illinois Long-Term Care Ombudsman Program or |
| 11 | | the Illinois Home Care Ombudsman Program. The statement of |
| 12 | | rights in this Act does not replace or diminish other rights |
| 13 | | and liberties that may exist relative to clients in a |
| 14 | | long-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 |
| 7 | | amended by adding Section 156 as follows: |
| 8 | | (210 ILCS 9/156 new) |
| 9 | | Sec. 156. Sexual orientation, Gender Identity, and Gender |
| 10 | | Expression in Long-Term Care Bill of Rights Act compliance. An |
| 11 | | establishment licensed under this Act shall comply with the |
| 12 | | requirements of the Sexual orientation, Gender identity, and |
| 13 | | Gender Expression Bill of Rights Act. |
| 14 | | Section 35. The Nursing Home Care Act is amended by adding |
| 15 | | Section 2-116 as follows: |
| 16 | | (210 ILCS 45/2-116 new) |
| 17 | | Sec. 2-116. Sexual orientation, Gender Identity, and |
| 18 | | Gender Expression in Long-Term Care Bill of Rights Act |
| 19 | | compliance. A facility shall comply with the requirements of |
| 20 | | the Sexual orientation, Gender identity, and Gender Expression |
| 21 | | Bill of Rights Act. |
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| 1 | | Section 40. The Home Health, Home Services, and Home |
| 2 | | Nursing Agency Licensing Act is amended by adding Section 13.1 |
| 3 | | as follows: |
| 4 | | (210 ILCS 55/13.1 new) |
| 5 | | Sec. 13.1. Sexual orientation, Gender Identity, and Gender |
| 6 | | Expression in Long-Term Care Bill of Rights Act compliance. An |
| 7 | | agency licensed under this Act shall comply with the |
| 8 | | requirements of the Sexual orientation, Gender identity, and |
| 9 | | Gender Expression Bill of Rights Act. |
| 10 | | Section 45. The Adult Protective Services Act is amended |
| 11 | | by 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 |
| 14 | | context requires otherwise: |
| 15 | | (a) "Abandonment" means the desertion or willful forsaking |
| 16 | | of an eligible adult by an individual responsible for the care |
| 17 | | and custody of that eligible adult under circumstances in |
| 18 | | which a reasonable person would continue to provide care and |
| 19 | | custody. Nothing in this Act shall be construed to mean that an |
| 20 | | eligible adult is a victim of abandonment because of health |
| 21 | | care services provided or not provided by licensed health care |
| 22 | | professionals. |
| 23 | | (a-1) "Abuse" means causing any physical, mental, or |
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| 1 | | sexual injury to an eligible adult, including exploitation of |
| 2 | | such adult's financial resources, and abandonment or |
| 3 | | subjecting an eligible adult to an environment which creates a |
| 4 | | likelihood of harm to the eligible adult's health, physical |
| 5 | | and emotional well-being, or welfare, intentional |
| 6 | | misgendering, and unlawful discrimination as defined in |
| 7 | | Section 1-103 of the Illinois Human Rights Act. |
| 8 | | Nothing in this Act shall be construed to mean that an |
| 9 | | eligible adult is a victim of abuse, abandonment, neglect, or |
| 10 | | self-neglect for the sole reason that he or she is being |
| 11 | | furnished with or relies upon treatment by spiritual means |
| 12 | | through prayer alone, in accordance with the tenets and |
| 13 | | practices of a recognized church or religious denomination. |
| 14 | | Nothing in this Act shall be construed to mean that an |
| 15 | | eligible adult is a victim of abuse because of health care |
| 16 | | services provided or not provided by licensed health care |
| 17 | | professionals. |
| 18 | | Nothing in this Act shall be construed to mean that an |
| 19 | | eligible adult is a victim of abuse in cases of criminal |
| 20 | | activity by strangers, telemarketing scams, consumer fraud, |
| 21 | | internet fraud, home repair disputes, complaints against a |
| 22 | | homeowners' association, or complaints between landlords and |
| 23 | | tenants. |
| 24 | | (a-5) "Abuser" means a person who is a family member, |
| 25 | | caregiver, or another person who has a continuing relationship |
| 26 | | with the eligible adult and abuses, abandons, neglects, or |
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| 1 | | financially exploits an eligible adult. |
| 2 | | (a-6) "Adult with disabilities" means a person aged 18 |
| 3 | | through 59 who resides in a domestic living situation and |
| 4 | | whose disability as defined in subsection (c-5) impairs his or |
| 5 | | her ability to seek or obtain protection from abuse, |
| 6 | | abandonment, neglect, or exploitation. |
| 7 | | (a-7) "Caregiver" means a person who either as a result of |
| 8 | | a family relationship, voluntarily, or in exchange for |
| 9 | | compensation has assumed responsibility for all or a portion |
| 10 | | of the care of an eligible adult who needs assistance with |
| 11 | | activities of daily living or instrumental activities of daily |
| 12 | | living. |
| 13 | | (b) "Department" means the Department on Aging of the |
| 14 | | State of Illinois. |
| 15 | | (c) "Director" means the Director of the Department. |
| 16 | | (c-5) "Disability" means a physical or mental disability, |
| 17 | | including, but not limited to, a developmental disability, an |
| 18 | | intellectual disability, a mental illness as defined under the |
| 19 | | Mental Health and Developmental Disabilities Code, or dementia |
| 20 | | as defined under the Alzheimer's Disease Assistance Act. |
| 21 | | (d) "Domestic living situation" means a residence where |
| 22 | | the eligible adult at the time of the report lives alone or |
| 23 | | with his or her family or a caregiver, or others, or other |
| 24 | | community-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 |
| 4 | | disabilities aged 18 through 59 or a person aged 60 or older |
| 5 | | who resides in a domestic living situation and is, or is |
| 6 | | alleged to be, abused, abandoned, neglected, or financially |
| 7 | | exploited by another individual or who neglects himself or |
| 8 | | herself. "Eligible adult" also includes an adult who resides |
| 9 | | in any of the facilities that are excluded from the definition |
| 10 | | of "domestic living situation" under paragraphs (1) through |
| 11 | | (9) of subsection (d), if either: (i) the alleged abuse, |
| 12 | | abandonment, or neglect occurs outside of the facility and not |
| 13 | | under facility supervision and the alleged abuser is a family |
| 14 | | member, caregiver, or another person who has a continuing |
| 15 | | relationship with the adult; or (ii) the alleged financial |
| 16 | | exploitation is perpetrated by a family member, caregiver, or |
| 17 | | another person who has a continuing relationship with the |
| 18 | | adult, but who is not an employee of the facility where the |
| 19 | | adult resides. |
| 20 | | (f) "Emergency" means a situation in which an eligible |
| 21 | | adult is living in conditions presenting a risk of death or |
| 22 | | physical, mental or sexual injury and the provider agency has |
| 23 | | reason to believe the eligible adult is unable to consent to |
| 24 | | services which would alleviate that risk. |
| 25 | | (f-1) "Financial exploitation" means the use of an |
| 26 | | eligible adult's resources by another to the disadvantage of |
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| 1 | | that adult or the profit or advantage of a person other than |
| 2 | | that adult. |
| 3 | | (f-3) "Investment advisor" means any person required to |
| 4 | | register as an investment adviser or investment adviser |
| 5 | | representative under Section 8 of the Illinois Securities Law |
| 6 | | of 1953, which for purposes of this Act excludes any bank, |
| 7 | | trust company, savings bank, or credit union, or their |
| 8 | | respective employees. |
| 9 | | (f-5) "Mandated reporter" means any of the following |
| 10 | | persons while engaged in carrying out their professional |
| 11 | | duties: |
| 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 |
| 21 | | provide an eligible adult with or willful withholding from an |
| 22 | | eligible adult the necessities of life including, but not |
| 23 | | limited to, food, clothing, shelter or health care. This |
| 24 | | subsection does not create any new affirmative duty to provide |
| 25 | | support to eligible adults. Nothing in this Act shall be |
| 26 | | construed to mean that an eligible adult is a victim of neglect |
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| 1 | | because of health care services provided or not provided by |
| 2 | | licensed health care professionals. |
| 3 | | (h) "Provider agency" means any public or nonprofit agency |
| 4 | | in a planning and service area that is selected by the |
| 5 | | Department or appointed by the regional administrative agency |
| 6 | | with prior approval by the Department on Aging to receive and |
| 7 | | assess reports of alleged or suspected abuse, abandonment, |
| 8 | | neglect, or financial exploitation. A provider agency is also |
| 9 | | referenced as a "designated agency" in this Act. |
| 10 | | (i) "Regional administrative agency" means any public or |
| 11 | | nonprofit agency in a planning and service area that provides |
| 12 | | regional oversight and performs functions as set forth in |
| 13 | | subsection (b) of Section 3 of this Act. The Department shall |
| 14 | | designate an Area Agency on Aging as the regional |
| 15 | | administrative agency or, in the event the Area Agency on |
| 16 | | Aging in that planning and service area is deemed by the |
| 17 | | Department to be unwilling or unable to provide those |
| 18 | | functions, the Department may serve as the regional |
| 19 | | administrative agency or designate another qualified entity to |
| 20 | | serve as the regional administrative agency; any such |
| 21 | | designation shall be subject to terms set forth by the |
| 22 | | Department. |
| 23 | | (i-5) "Self-neglect" means a condition that is the result |
| 24 | | of an eligible adult's inability, due to physical or mental |
| 25 | | impairments, or both, or a diminished capacity, to perform |
| 26 | | essential self-care tasks that substantially threaten his or |
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| 1 | | her own health, including: providing essential food, clothing, |
| 2 | | shelter, and health care; and obtaining goods and services |
| 3 | | necessary to maintain physical health, mental health, |
| 4 | | emotional well-being, and general safety. The term includes |
| 5 | | compulsive hoarding, which is characterized by the acquisition |
| 6 | | and retention of large quantities of items and materials that |
| 7 | | produce an extensively cluttered living space, which |
| 8 | | significantly impairs the performance of essential self-care |
| 9 | | tasks or otherwise substantially threatens life or safety. |
| 10 | | (j) "Substantiated case" means a reported case of alleged |
| 11 | | or suspected abuse, abandonment, neglect, financial |
| 12 | | exploitation, or self-neglect in which a provider agency, |
| 13 | | after assessment, determines that there is reason to believe |
| 14 | | abuse, abandonment, neglect, or financial exploitation has |
| 15 | | occurred. |
| 16 | | (k) "Verified" means a determination that there is "clear |
| 17 | | and convincing evidence" that the specific injury or harm |
| 18 | | alleged was the result of abuse, abandonment, neglect, or |
| 19 | | financial exploitation. |
| 20 | | (Source: P.A. 102-244, eff. 1-1-22; 102-953, eff. 5-27-22; |
| 21 | | 103-329, eff. 1-1-24; 103-626, eff. 1-1-25.) |