Illinois General Assembly - Bill Status for HB 5152

Creates the Developmental Disability Institutional Safety Act ("Brian's Law"). Requires the Illinois Department of Human Services and the Illinois Department of Public Health to develop teams of monitors to ensure the safety and well-being of individuals residing at State-operated developmental disability institutions. Authorizes these teams to conduct site visits at these institutions and to report on their observations. Requires the Departments to develop and implement action plans to respond to these reports. Requires the Departments to develop a team of experts to investigate and report on the deaths of individuals who are under the care of these institutions. Requires the Departments to develop plans of prevention within 90 days after the completion of an investigation into the death of an individual at one of these institutions. Requires the Department of Human Service to provide certain information to individuals with developmental disabilities and their families. Amends the Abused and Neglected Long Term Care Facility Residents Reporting Act. Provides that neglect includes the failure to follow medical and personal care protocols, such as dietary restrictions, regardless of whether that failure causes injury, and that abuse includes inadequate medical care that, regardless of the final cause of death, compromises an individual's health or leads to serious medical consequences followed by the individuals' death.

Deletes everything after the enacting clause. Creates Brian's Law. Charges the Department of Human Services with developing an independent team of experts to examine all deaths at State-operated developmental disability and mental health facilities licensed by or under the jurisdiction of the Department. Specifies categories of persons that may be appointed to the review team. Specifies the purpose and duties of the review team. Requires the Secretary of Human Services to respond to the review team and to provide it with certain information. Requires the Department to make certain reports. Amends the Open Meetings Act. Authorizes closed meetings of an independent team of experts under Brian's Law. Amends the Freedom of Information Act. Exempts from disclosure records and information provided to an independent team of experts under Brian's Law. Amends the Mental Health and Developmental Disabilities Code. Repeals a provision concerning the Mental Health and Developmental Disabilities Review Board.

Deletes everything after the enacting clause. Reinserts the provisions of House Committee Amendment No. 1, with the following changes: (1) changes the short title, (2) defines "community agency" and "facility", (3) changes the categories of persons who may serve on the independent review team, (4) requires the Secretary of Human Services to establish protocols governing the operation of the independent review team, (5) amends the State Employee Indemnification Act to provide that the term "employee" includes individuals who serve on an independent review team, and (6) amends the Mental Health and Developmental Disabilities Confidentiality Act to provide that the independent review team (rather than the Mental Health and Developmental Disabilities Review Board) may inspect and copy certain patient records. Makes other changes.

Date	Chamber	Action
7/23/2010	House	Public Act . . . . . . . . . 96-1235

Date	Chamber	Action
1/28/2010	House	Filed with the Clerk by Rep. Elaine Nekritz
1/29/2010	House	First Reading
1/29/2010	House	Referred to Rules Committee
2/9/2010	House	Assigned to Disability Services Committee
2/17/2010	House	Added Chief Co-Sponsor Rep. Elizabeth Coulson
3/10/2010	House	House Committee Amendment No. 1 Filed with Clerk by Disability Services Committee
3/10/2010	House	House Committee Amendment No. 1 Adopted in Disability Services Committee; by Voice Vote
3/10/2010	House	Do Pass as Amended / Short Debate Disability Services Committee; 007-000-000
3/10/2010	House	Placed on Calendar 2nd Reading - Short Debate
3/11/2010	House	Added Co-Sponsor Rep. Carol A. Sente
3/11/2010	House	Added Co-Sponsor Rep. Keith Farnham
3/19/2010	House	Added Chief Co-Sponsor Rep. Sidney H. Mathias
3/19/2010	House	Added Chief Co-Sponsor Rep. Patricia R. Bellock
3/19/2010	House	Chief Co-Sponsor Changed to Rep. Patricia R. Bellock
3/19/2010	House	Added Chief Co-Sponsor Rep. Sandy Cole
3/22/2010	House	House Floor Amendment No. 2 Filed with Clerk by Rep. Elaine Nekritz
3/22/2010	House	House Floor Amendment No. 2 Referred to Rules Committee
3/24/2010	House	House Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000
3/24/2010	House	Added Co-Sponsor Rep. Naomi D. Jakobsson
3/24/2010	House	Second Reading - Short Debate
3/24/2010	House	House Floor Amendment No. 2 Adopted by Voice Vote
3/24/2010	House	Placed on Calendar Order of 3rd Reading - Short Debate
3/25/2010	House	Third Reading - Short Debate - Passed 113-000-001
4/6/2010	Senate	Arrive in Senate
4/6/2010	Senate	Placed on Calendar Order of First Reading
4/6/2010	Senate	Chief Senate Sponsor Sen. Heather Steans
4/6/2010	Senate	First Reading
4/6/2010	Senate	Referred to Assignments
4/6/2010	Senate	Assigned to Human Services
4/14/2010	Senate	Postponed - Human Services
4/14/2010	Senate	Added as Alternate Co-Sponsor Sen. William Delgado
4/20/2010	Senate	Added as Alternate Chief Co-Sponsor Sen. Mattie Hunter
4/20/2010	Senate	Do Pass Human Services; 009-000-000
4/20/2010	Senate	Placed on Calendar Order of 2nd Reading April 21, 2010
4/21/2010	Senate	Second Reading
4/21/2010	Senate	Placed on Calendar Order of 3rd Reading April 22, 2010
4/27/2010	Senate	Added as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
4/27/2010	Senate	Third Reading - Passed; 054-001-000
4/27/2010	House	Passed Both Houses
5/26/2010	House	Sent to the Governor
7/23/2010	House	Governor Approved
7/23/2010	House	Effective Date January 1, 2011
7/23/2010	House	Public Act . . . . . . . . . 96-1235

	Deletes reference to:
	210 ILCS 30/3

	Adds reference to:
	5 ILCS 120/2	from Ch. 102, par. 42

	Adds reference to:
	5 ILCS 350/1	from Ch. 127, par. 1301