Illinois General Assembly - Bill Status for HB 3844

Amends the Department of Human Services Act. Requires the Inspector General to investigate the abuse and neglect of individuals who receive services within mental health facilities, developmental disabilities facilities, and community agencies operated, licensed, funded, or certified by the Department of Human Services, but not licensed or certified by any other State agency. Authorizes the Inspector to investigate these facilities upon an allegation that an employee has mentally abused, physically abused, sexually abused, neglected, or financially exploited an individual. Creates a duty for employees to cooperate with the Inspector's investigations. Grants the Inspector the power to subpoena witnesses and compel the production of documents. Requires employees to report certain allegations. Requires the Inspector, upon completion of an investigation, to issue a report. Requires a facility or agency to file a written response to the report under certain circumstances. Authorizes the Secretary to review the report and to specify other administrative sanctions. Requires the Inspector to report to the Illinois Department of Public Health's healthcare worker registry the identity of and the finding associated with each employee against whom there is a finding of physical abuse, sexual abuse, or egregious neglect. Provides for the notice of and an administrative hearing for persons whose names are to appear on the registry. Changes audit cycle by the Auditor General from every 2 years to an as-needed basis to be determined by the Auditor General. Effective immediately.

Further amends the Department of Human Services Act. Provides that nothing in a provision concerning the duties of the Inspector General may be construed (i) to mean that a patient is a victim of abuse or neglect because of healthcare services provided or not provided by health care professionals or (ii) to require a facility, including its employees, agents, medical staff members, and health care professionals, to provide a service to a patient in contravention of that patient's stated or implied objection to the provision of that service on the ground that the service conflicts with the patient's religious beliefs or practices. Provides that the failure to provide a service to a patient must not be considered abuse if the patient has objected to the provision of that service on religious grounds.

Further amends the Department of Human Services Act. Provides that nothing in a provision concerning the Inspector General shall be construed to mean that a patient is the victim of abuse or neglect because of health care services appropriately provided or not provided by health car professionals.

Further amends the Department of Human Services Act. Changes the definition of "physical abuse" to exclude certain conduct that is "insulting or provocative". Provides that "physical abuse" includes actions that cause bodily harm as a result of an employee directing an individual or person to physically abuse another individual. Provides that sexual abuse includes, among other things, "sexual behavior that results in sexual contact". Provides that the Inspector General must (rather than "may") disclose the findings of certain investigations. Provides that nothing in the subdivision concerning administrative hearings shall diminish or impair the rights of a person who is a member of a collective bargaining unit under the Illinois Public Labor Relations Act or any other federal labor statute. Removes a provision that prohibits hearing officers, arbitrators, administrative law judges, or other officials from ordering the Department to return an employee to work if certain findings are upheld. Provides that an employee's name shall be removed from the registry if (i) a finding of physical abuse, sexual abuse, or egregious neglect against the employee is overturned through an action filed with the Illinois Civil Service Commission or under any applicable collective bargaining agreement and (ii) that employee's name has already been sent to the registry. Provides that the Inspector General's annual report must contain, among other things, information concerning the timeliness of certain investigations.

Date	Chamber	Action
8/13/2009	House	Public Act . . . . . . . . . 96-0407

Date	Chamber	Action
2/25/2009	House	Filed with the Clerk by Rep. Lou Lang
2/25/2009	House	First Reading
2/25/2009	House	Referred to Rules Committee
3/3/2009	House	Assigned to Human Services Committee
3/11/2009	House	House Committee Amendment No. 1 Filed with Clerk by Human Services Committee
3/11/2009	House	House Committee Amendment No. 1 Adopted in Human Services Committee; by Voice Vote
3/11/2009	House	Do Pass as Amended / Short Debate Human Services Committee; 007-000-000
3/11/2009	House	Placed on Calendar 2nd Reading - Short Debate
3/24/2009	House	House Committee Amendment No. 1 Fiscal Note Filed as Amended
3/24/2009	House	House Floor Amendment No. 2 Filed with Clerk by Rep. Lou Lang
3/24/2009	House	House Floor Amendment No. 2 Referred to Rules Committee
3/26/2009	House	House Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 005-000-000
3/26/2009	House	Second Reading - Short Debate
3/26/2009	House	House Floor Amendment No. 2 Adopted by Voice Vote
3/26/2009	House	Placed on Calendar Order of 3rd Reading - Short Debate
3/31/2009	House	House Floor Amendment No. 3 Filed with Clerk by Rep. Lou Lang
3/31/2009	House	House Floor Amendment No. 3 Referred to Rules Committee
3/31/2009	House	Recalled to Second Reading - Short Debate
3/31/2009	House	Held on Calendar Order of Second Reading - Short Debate
4/1/2009	House	House Floor Amendment No. 3 Recommends Be Adopted Rules Committee; 005-000-000
4/1/2009	House	House Floor Amendment No. 3 Adopted by Voice Vote
4/1/2009	House	Placed on Calendar Order of 3rd Reading - Short Debate
4/2/2009	House	Chief Sponsor Changed to Rep. Fred Crespo
4/2/2009	House	Added Chief Co-Sponsor Rep. Lou Lang
4/3/2009	House	Third Reading - Short Debate - Passed 117-000-000
4/15/2009	Senate	Arrive in Senate
4/15/2009	Senate	Placed on Calendar Order of First Reading
4/15/2009	Senate	Chief Senate Sponsor Sen. Don Harmon
4/15/2009	Senate	First Reading
4/15/2009	Senate	Referred to Assignments
4/22/2009	Senate	Assigned to Human Services
4/23/2009	Senate	Added as Alternate Chief Co-Sponsor Sen. Michael Noland
4/29/2009	Senate	Do Pass Human Services; 007-000-000
4/29/2009	Senate	Placed on Calendar Order of 2nd Reading April 30, 2009
5/13/2009	Senate	Second Reading
5/13/2009	Senate	Placed on Calendar Order of 3rd Reading ** May 18, 2009
5/19/2009	Senate	Third Reading - Passed; 058-000-000
5/19/2009	House	Passed Both Houses
6/17/2009	House	Sent to the Governor
8/13/2009	House	Governor Approved
8/13/2009	House	Effective Date August 13, 2009
8/13/2009	House	Public Act . . . . . . . . . 96-0407

	Fiscal Note, House Committee Amendment No. 1 (Dept. of Human Services)
	HB 3844 (H-AM 1) creates no costs.