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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Department of Human Services Act is amended | ||||||
5 | by changing Section 1-17 as follows: | ||||||
6 | (20 ILCS 1305/1-17) | ||||||
7 | Sec. 1-17. Inspector General. | ||||||
8 | (a) Nature and purpose. It is the express intent of the | ||||||
9 | General Assembly to ensure the health, safety, and financial | ||||||
10 | condition of individuals receiving services in this State due | ||||||
11 | to mental illness, developmental disability, or both by | ||||||
12 | protecting those persons from acts of abuse, neglect, or both | ||||||
13 | by service providers. To that end, the Office of the Inspector | ||||||
14 | General for the Department of Human Services is created to | ||||||
15 | investigate and report upon allegations of the abuse, neglect, | ||||||
16 | or financial exploitation of individuals receiving services | ||||||
17 | within mental health facilities, developmental disabilities | ||||||
18 | facilities, and community agencies operated, licensed, funded | ||||||
19 | or certified by the Department of Human Services, but not | ||||||
20 | licensed or certified by any other State agency. It is also the | ||||||
21 | express intent of the General Assembly to authorize the | ||||||
22 | Inspector General to investigate alleged or suspected cases of | ||||||
23 | abuse, neglect, or financial exploitation of adults with |
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1 | disabilities living in domestic settings in the community under | ||||||
2 | the Abuse of Adults with Disabilities Intervention Act. | ||||||
3 | (b) Definitions. The following definitions apply to this | ||||||
4 | Section: | ||||||
5 | "Agency" or "community agency" means (i) a community agency | ||||||
6 | licensed, funded, or certified by the Department, but not | ||||||
7 | licensed or certified by any other human services agency of the | ||||||
8 | State, to provide mental health service or developmental | ||||||
9 | disabilities service, or (ii) a program licensed, funded, or | ||||||
10 | certified by the Department, but not licensed or certified by | ||||||
11 | any other human services agency of the State, to provide mental | ||||||
12 | health service or developmental disabilities service. | ||||||
13 | "Aggravating circumstance" means a factor that is | ||||||
14 | attendant to a finding and that tends to compound or increase | ||||||
15 | the culpability of the accused. | ||||||
16 | "Allegation" means an assertion, complaint, suspicion, or | ||||||
17 | incident involving any of the following conduct by an employee, | ||||||
18 | facility, or agency against an individual or individuals: | ||||||
19 | mental abuse, physical abuse, sexual abuse, neglect, or | ||||||
20 | financial exploitation. | ||||||
21 | "Day" means working day, unless otherwise specified. | ||||||
22 | "Deflection" means a situation in which an individual is | ||||||
23 | presented for admission to a facility or agency, and the | ||||||
24 | facility staff or agency staff do not admit the individual. | ||||||
25 | "Deflection" includes triage, redirection, and denial of | ||||||
26 | admission. |
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1 | "Department" means the Department of Human Services. | ||||||
2 | "Developmentally disabled" means having a developmental | ||||||
3 | disability. | ||||||
4 | "Developmental disability" means "developmental | ||||||
5 | disability" as defined in the Mental Health and Developmental | ||||||
6 | Disabilities Code. | ||||||
7 | "Egregious neglect" means a finding of neglect as | ||||||
8 | determined by the Inspector General that (i) represents a gross | ||||||
9 | failure to adequately provide for, or a callused indifference | ||||||
10 | to, the health, safety, or medical needs of an individual and | ||||||
11 | (ii) results in an individual's death or other serious | ||||||
12 | deterioration of an individual's physical condition or mental | ||||||
13 | condition. | ||||||
14 | "Employee" means any person who provides services at the | ||||||
15 | facility or agency on-site or off-site. The service | ||||||
16 | relationship can be with the individual or with the facility or | ||||||
17 | agency. Also, "employee" includes any employee or contractual | ||||||
18 | agent of the Department of Human Services or the community | ||||||
19 | agency involved in providing or monitoring or administering | ||||||
20 | mental health or developmental disability services. This | ||||||
21 | includes but is not limited to: owners, operators, payroll | ||||||
22 | personnel, contractors, subcontractors, and volunteers. | ||||||
23 | "Facility" or "State-operated facility" means a mental | ||||||
24 | health facility or developmental disabilities facility | ||||||
25 | operated by the Department. | ||||||
26 | "Financial exploitation" means taking unjust advantage of |
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1 | an individual's assets, property, or financial resources | ||||||
2 | through deception, intimidation, or conversion for the | ||||||
3 | employee's, facility's, or agency's own advantage or benefit. | ||||||
4 | "Finding" means the Office of Inspector General's | ||||||
5 | determination regarding whether an allegation is | ||||||
6 | substantiated, unsubstantiated, or unfounded. | ||||||
7 | "Health care worker registry" or "registry" means the | ||||||
8 | health care worker registry created by the Nursing Home Care | ||||||
9 | Act. | ||||||
10 | "Individual" means any person receiving mental health | ||||||
11 | service, developmental disabilities service, or both from a | ||||||
12 | facility or agency, while either on-site or off-site. | ||||||
13 | "Mental abuse" means the use of demeaning, intimidating, or | ||||||
14 | threatening words, signs, gestures, or other actions by an | ||||||
15 | employee about an individual and in the presence of an | ||||||
16 | individual or individuals that results in emotional distress or | ||||||
17 | maladaptive behavior, or could have resulted in emotional | ||||||
18 | distress or maladaptive behavior, for any individual present. | ||||||
19 | "Mental illness" means "mental illness" as defined in the | ||||||
20 | Mental Health and Developmental Disabilities Code. | ||||||
21 | "Mentally ill" means having a mental illness. | ||||||
22 | "Mitigating circumstance" means a condition that (i) is | ||||||
23 | attendant to a finding, (ii) does not excuse or justify the | ||||||
24 | conduct in question, but (iii) may be considered in evaluating | ||||||
25 | the severity of the conduct, the culpability of the accused, or | ||||||
26 | both the severity of the conduct and the culpability of the |
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1 | accused. | ||||||
2 | "Neglect" means an employee's, agency's, or facility's | ||||||
3 | failure to provide adequate medical care, personal care, or | ||||||
4 | maintenance and that, as a consequence, (i) causes an | ||||||
5 | individual pain, injury, or emotional distress, (ii) results in | ||||||
6 | either an individual's maladaptive behavior or the | ||||||
7 | deterioration of an individual's physical condition or mental | ||||||
8 | condition, or (iii) places the individual's health or safety at | ||||||
9 | substantial risk. | ||||||
10 | "Physical abuse" means an employee's non-accidental and | ||||||
11 | inappropriate contact with an individual that causes bodily | ||||||
12 | harm. "Physical abuse" includes actions that cause bodily harm | ||||||
13 | as a result of an employee directing an individual or person to | ||||||
14 | physically abuse another individual. | ||||||
15 | "Recommendation" means an admonition, separate from a | ||||||
16 | finding, that requires action by the facility, agency, or | ||||||
17 | Department to correct a systemic issue, problem, or deficiency | ||||||
18 | identified during an investigation. | ||||||
19 | "Required reporter" means any employee who suspects, | ||||||
20 | witnesses, or is informed of an allegation of any one or more | ||||||
21 | of the following: mental abuse, physical abuse, sexual abuse, | ||||||
22 | neglect, or financial exploitation. | ||||||
23 | "Secretary" means the Chief Administrative Officer of the | ||||||
24 | Department. | ||||||
25 | "Sexual abuse" means any sexual contact or intimate | ||||||
26 | physical contact between an employee and an individual, |
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1 | including an employee's coercion or encouragement of an | ||||||
2 | individual to engage in sexual behavior that results in sexual | ||||||
3 | contact, intimate physical contact, sexual behavior, or | ||||||
4 | intimate physical behavior. | ||||||
5 | "Substantiated" means there is a preponderance of the | ||||||
6 | evidence to support the allegation. | ||||||
7 | "Unfounded" means there is no credible evidence to support | ||||||
8 | the allegation. | ||||||
9 | "Unsubstantiated" means there is credible evidence, but | ||||||
10 | less than a preponderance of evidence to support the | ||||||
11 | allegation. | ||||||
12 | (c) (a) Appointment ; powers and duties . The Governor shall | ||||||
13 | appoint, and the Senate shall confirm, an Inspector General. | ||||||
14 | The Inspector General shall be appointed for a term of 4 years | ||||||
15 | and shall function within the Department of Human Services and | ||||||
16 | report to the Secretary of Human Services and the Governor. | ||||||
17 | (d) Operation and appropriation. The Inspector General | ||||||
18 | shall function independently within the Department of Human | ||||||
19 | Services with respect to the operations of the Office office , | ||||||
20 | including the performance of investigations and issuance of | ||||||
21 | findings and recommendations. The appropriation for the Office | ||||||
22 | of Inspector General shall be separate from the overall | ||||||
23 | appropriation for the Department of Human Services . | ||||||
24 | (e) Powers and duties. The Inspector General shall | ||||||
25 | investigate reports of suspected mental abuse, physical abuse, | ||||||
26 | sexual abuse , or neglect , or financial exploitation of |
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1 | individuals (as those terms are defined by the Department of | ||||||
2 | Human Services) of patients or residents in any mental health | ||||||
3 | or developmental disabilities facility or agency operated by | ||||||
4 | the Department of Human Services and shall have authority to | ||||||
5 | investigate and take immediate action to prevent any one or | ||||||
6 | more of the following from happening to individuals under its | ||||||
7 | jurisdiction: mental abuse, physical abuse, sexual abuse, | ||||||
8 | neglect, or financial exploitation. on reports of abuse or | ||||||
9 | neglect of recipients, whether patients or residents, in any | ||||||
10 | mental health or developmental disabilities facility or | ||||||
11 | program that is licensed or certified by the Department of | ||||||
12 | Human Services (as successor to the Department of Mental Health | ||||||
13 | and Developmental Disabilities) or that is funded by the | ||||||
14 | Department of Human Services (as successor to the Department of | ||||||
15 | Mental Health and Developmental Disabilities) and is not | ||||||
16 | licensed or certified by any agency of the State. The Inspector | ||||||
17 | General shall also have the authority to investigate alleged or | ||||||
18 | suspected cases of abuse, neglect, and exploitation of adults | ||||||
19 | with disabilities living in domestic settings in the community | ||||||
20 | pursuant to the Abuse of Adults with Disabilities Intervention | ||||||
21 | Act (20 ILCS 2435/). At the specific, Upon written request of | ||||||
22 | an agency of this the State , other than the Department of Human | ||||||
23 | Services (as successor to the Department of Mental Health and | ||||||
24 | Developmental Disabilities), the Inspector General may assist | ||||||
25 | another agency of the State cooperate in investigating reports | ||||||
26 | of the abuse , and neglect , or abuse and neglect of persons with |
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1 | mental illness , or persons with developmental disabilities , or | ||||||
2 | persons with both . To comply with the requirements of | ||||||
3 | subsection (k) of this Section, the The Inspector General shall | ||||||
4 | also review all reportable deaths for which there is no | ||||||
5 | allegation of abuse or neglect. Nothing in this Section shall | ||||||
6 | preempt any duties of the Medical Review Board set forth in the | ||||||
7 | Mental Health and Developmental Disabilities Code. have no | ||||||
8 | supervision over or involvement in routine, programmatic, | ||||||
9 | licensure, or certification operations of the Department of | ||||||
10 | Human Services or any of its funded agencies. | ||||||
11 | (f) Limitations. The Inspector General shall not conduct an | ||||||
12 | investigation within an agency or facility if that | ||||||
13 | investigation would be redundant to or interfere with an | ||||||
14 | investigation conducted by another State agency. The Inspector | ||||||
15 | General shall have no supervision over, or involvement in, the | ||||||
16 | routine programmatic, licensing, funding, or certification | ||||||
17 | operations of the Department. Nothing in this subsection limits | ||||||
18 | investigations by the Department that may otherwise be required | ||||||
19 | by law or that may be necessary in the Department's capacity as | ||||||
20 | central administrative authority responsible for the operation | ||||||
21 | of the State's mental health and developmental disabilities | ||||||
22 | facilities. | ||||||
23 | (g) Rulemaking authority. The Inspector General shall | ||||||
24 | promulgate rules establishing minimum requirements for | ||||||
25 | reporting allegations as well as for of abuse and neglect and | ||||||
26 | initiating, conducting, and completing investigations based |
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1 | upon the nature of the allegation or allegations . The | ||||||
2 | promulgated rules shall clearly establish set forth that if in | ||||||
3 | instances where 2 or more State agencies could investigate an | ||||||
4 | allegation of abuse or neglect , the Inspector General shall not | ||||||
5 | conduct an investigation that would be is redundant to , or | ||||||
6 | interfere with, an investigation conducted by another State | ||||||
7 | agency. The rules shall establish criteria for determining, | ||||||
8 | based upon the nature of the allegation, the appropriate method | ||||||
9 | of investigation, which may include, but need not be limited | ||||||
10 | to, site visits, telephone contacts, or requests for written | ||||||
11 | responses from agencies. The rules shall further also clarify | ||||||
12 | the method and circumstances under which how the Office of the | ||||||
13 | Inspector General may shall interact with the licensing , | ||||||
14 | funding, or certification units unit of the Department of Human | ||||||
15 | Services in preventing further occurrences of mental abuse, | ||||||
16 | physical abuse, sexual abuse, neglect, egregious neglect, and | ||||||
17 | financial exploitation. investigations of allegations of abuse | ||||||
18 | or neglect. Any allegations or investigations of reports made | ||||||
19 | pursuant to this Act shall remain confidential until a final | ||||||
20 | report is completed. The resident or patient who allegedly was | ||||||
21 | abused or neglected and his or her legal guardian shall be | ||||||
22 | informed by the facility or agency of the report of alleged | ||||||
23 | abuse or neglect. Final reports regarding unsubstantiated or | ||||||
24 | unfounded allegations shall remain confidential, except that | ||||||
25 | final reports may be disclosed pursuant to Section 6 of the | ||||||
26 | Abused and Neglected Long Term Care Facility Residents |
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1 | Reporting Act. | ||||||
2 | For purposes of this Section, "required reporter" means a | ||||||
3 | person who suspects, witnesses, or is informed of an allegation | ||||||
4 | of abuse and neglect at a State-operated facility or a | ||||||
5 | community agency and who is either: (i) a person employed at a | ||||||
6 | State-operated facility or a community agency on or off site | ||||||
7 | who is providing or monitoring services to an individual or | ||||||
8 | individuals or is providing services to the State-operated | ||||||
9 | facility or the community agency; or (ii) any person or | ||||||
10 | contractual agent of the Department of Human Services involved | ||||||
11 | in providing, monitoring, or administering mental health or | ||||||
12 | developmental services, including, but not limited to, payroll | ||||||
13 | personnel, contractors, subcontractors, and volunteers. A | ||||||
14 | required reporter shall report the allegation of abuse or | ||||||
15 | neglect, or cause a report to be made, to the Office of the | ||||||
16 | Inspector General (OIG) Hotline no later than 4 hours after the | ||||||
17 | initial discovery of the incident of alleged abuse or neglect. | ||||||
18 | A required reporter as defined in this paragraph who willfully | ||||||
19 | fails to comply with the reporting requirement is guilty of a | ||||||
20 | Class A misdemeanor. | ||||||
21 | For purposes of this Section, "State-operated facility" | ||||||
22 | means a mental health facility or a developmental disability | ||||||
23 | facility as defined in Sections 1-114 and 1-107 of the Mental | ||||||
24 | Health and Developmental Disabilities Code. | ||||||
25 | For purposes of this Section, "community agency" or | ||||||
26 | "agency" means any community entity or program providing mental |
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1 | health or developmental disabilities services that is | ||||||
2 | licensed, certified, or funded by the Department of Human | ||||||
3 | Services and is not licensed or certified by an other human | ||||||
4 | services agency of the State (for example, the Department of | ||||||
5 | Public Health, the Department of Children and Family Services, | ||||||
6 | or the Department of Healthcare and Family Services). | ||||||
7 | When the Office of the Inspector General has substantiated | ||||||
8 | a case of abuse or neglect, the Inspector General shall include | ||||||
9 | in the final report any mitigating or aggravating circumstances | ||||||
10 | that were identified during the investigation. Upon | ||||||
11 | determination that a report of neglect is substantiated, the | ||||||
12 | Inspector General shall then determine whether such neglect | ||||||
13 | rises to the level of egregious neglect. | ||||||
14 | (b) Department of State Police. The Inspector General | ||||||
15 | shall, within 24 hours after determining that a reported | ||||||
16 | allegation of suspected abuse or neglect indicates that any | ||||||
17 | possible criminal act has been committed or that special | ||||||
18 | expertise is required in the investigation, immediately notify | ||||||
19 | the Department of State Police or the appropriate law | ||||||
20 | enforcement entity. The Department of State Police shall | ||||||
21 | investigate any report from a State-operated facility | ||||||
22 | indicating a possible murder, rape, or other felony. All | ||||||
23 | investigations conducted by the Inspector General shall be | ||||||
24 | conducted in a manner designed to ensure the preservation of | ||||||
25 | evidence for possible use in a criminal prosecution. | ||||||
26 | (b-5) Preliminary report of investigation; facility or |
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1 | agency response. The Inspector General shall make a | ||||||
2 | determination to accept or reject a preliminary report of the | ||||||
3 | investigation of alleged abuse or neglect based on established | ||||||
4 | investigative procedures. Notice of the Inspector General's | ||||||
5 | determination must be given to the person who claims to be the | ||||||
6 | victim of the abuse or neglect, to the person or persons | ||||||
7 | alleged to have been responsible for abuse or neglect, and to | ||||||
8 | the facility or agency. The facility or agency or the person or | ||||||
9 | persons alleged to have been responsible for the abuse or | ||||||
10 | neglect and the person who claims to be the victim of the abuse | ||||||
11 | or neglect may request clarification or reconsideration based | ||||||
12 | on additional information. For cases where the allegation of | ||||||
13 | abuse or neglect is substantiated, the Inspector General shall | ||||||
14 | require the facility or agency to submit a written response. | ||||||
15 | The written response from a facility or agency shall address in | ||||||
16 | a concise and reasoned manner the actions that the agency or | ||||||
17 | facility will take or has taken to protect the resident or | ||||||
18 | patient from abuse or neglect, prevent reoccurrences, and | ||||||
19 | eliminate problems identified and shall include implementation | ||||||
20 | and completion dates for all such action. | ||||||
21 | (c) Inspector General's report; facility's or agency's | ||||||
22 | implementation reports. The Inspector General shall, within 10 | ||||||
23 | calendar days after the transmittal date of a completed | ||||||
24 | investigation where abuse or neglect is substantiated or | ||||||
25 | administrative action is recommended, provide a complete | ||||||
26 | report on the case to the Secretary of Human Services and to |
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1 | the agency in which the abuse or neglect is alleged to have | ||||||
2 | happened. The complete report shall include a written response | ||||||
3 | from the agency or facility operated by the State to the | ||||||
4 | Inspector General that addresses in a concise and reasoned | ||||||
5 | manner the actions that the agency or facility will take or has | ||||||
6 | taken to protect the resident or patient from abuse or neglect, | ||||||
7 | prevent reoccurrences, and eliminate problems identified and | ||||||
8 | shall include implementation and completion dates for all such | ||||||
9 | action. The Secretary of Human Services shall accept or reject | ||||||
10 | the response and establish how the Department will determine | ||||||
11 | whether the facility or program followed the approved response. | ||||||
12 | The Secretary may require Department personnel to visit the | ||||||
13 | facility or agency for training, technical assistance, | ||||||
14 | programmatic, licensure, or certification purposes. | ||||||
15 | Administrative action, including sanctions, may be applied | ||||||
16 | should the Secretary reject the response or should the facility | ||||||
17 | or agency fail to follow the approved response. Within 30 days | ||||||
18 | after the Secretary has approved a response, the facility or | ||||||
19 | agency making the response shall provide an implementation | ||||||
20 | report to the Inspector General on the status of the corrective | ||||||
21 | action implemented. Within 60 days after the Secretary has | ||||||
22 | approved the response, the facility or agency shall send notice | ||||||
23 | of the completion of the corrective action or shall send an | ||||||
24 | updated implementation report. The facility or agency shall | ||||||
25 | continue sending updated implementation reports every 60 days | ||||||
26 | until the facility or agency sends a notice of the completion |
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1 | of the corrective action. The Inspector General shall review | ||||||
2 | any implementation plan that takes more than 120 days. The | ||||||
3 | Inspector General shall monitor compliance through a random | ||||||
4 | review of completed corrective actions. This monitoring may | ||||||
5 | include, but need not be limited to, site visits, telephone | ||||||
6 | contacts, or requests for written documentation from the | ||||||
7 | facility or agency to determine whether the facility or agency | ||||||
8 | is in compliance with the approved response. The facility or | ||||||
9 | agency shall inform the resident or patient and the legal | ||||||
10 | guardian whether the reported allegation was substantiated, | ||||||
11 | unsubstantiated, or unfounded. There shall be an appeals | ||||||
12 | process for any person or agency that is subject to any action | ||||||
13 | based on a recommendation or recommendations. | ||||||
14 | (d) Sanctions. The Inspector General may recommend to the | ||||||
15 | Departments of Public Health and Human Services sanctions to be | ||||||
16 | imposed against mental health and developmental disabilities | ||||||
17 | facilities under the jurisdiction of the Department of Human | ||||||
18 | Services for the protection of residents, including | ||||||
19 | appointment of on-site monitors or receivers, transfer or | ||||||
20 | relocation of residents, and closure of units. The Inspector | ||||||
21 | General may seek the assistance of the Attorney General or any | ||||||
22 | of the several State's Attorneys in imposing such sanctions. | ||||||
23 | Whenever the Inspector General issues any recommendations to | ||||||
24 | the Secretary of Human Services, the Secretary shall provide a | ||||||
25 | written response. | ||||||
26 | (h) (e) Training programs. The Inspector General shall (i) |
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1 | establish a comprehensive program to ensure that every person | ||||||
2 | authorized to conduct investigations receives ongoing training | ||||||
3 | relative to investigation techniques, communication skills, | ||||||
4 | and the appropriate means of interacting with persons receiving | ||||||
5 | treatment for mental illness, developmental disability, or | ||||||
6 | both mental illness and developmental disability, and (ii) | ||||||
7 | establish and conduct periodic training programs for facility | ||||||
8 | and agency Department of Human Services employees and community | ||||||
9 | agency employees concerning the prevention and reporting of any | ||||||
10 | one or more of the following: mental abuse, physical abuse, | ||||||
11 | sexual abuse, neglect, egregious neglect, or financial | ||||||
12 | exploitation. Nothing in this Section shall be deemed to | ||||||
13 | prevent the Office of Inspector General from conducting any | ||||||
14 | other training as determined by the Inspector General to be | ||||||
15 | necessary or helpful. neglect and abuse. | ||||||
16 | (i) Duty to cooperate. (f) Access to facilities. | ||||||
17 | (1) The Inspector General shall at all times be granted | ||||||
18 | access to any mental health or developmental disabilities | ||||||
19 | facility or agency for the purpose of investigating any | ||||||
20 | allegation, conducting operated by the Department of Human | ||||||
21 | Services, shall establish and conduct unannounced site | ||||||
22 | visits , monitoring compliance with a written response, or | ||||||
23 | completing any other statutorily assigned duty. The | ||||||
24 | Inspector General shall conduct unannounced site visits to | ||||||
25 | each facility at least annually for the purpose of | ||||||
26 | reviewing and making recommendations on systemic issues |
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1 | relative to preventing, reporting, investigating, and | ||||||
2 | responding to all of the following: mental abuse, physical | ||||||
3 | abuse, sexual abuse, neglect, egregious neglect, or | ||||||
4 | financial exploitation. | ||||||
5 | (2) Any employee who fails to cooperate with an Office | ||||||
6 | of the Inspector General investigation is in violation of | ||||||
7 | this Act. Failure to cooperate with an investigation | ||||||
8 | includes, but is not limited to, any one or more of the | ||||||
9 | following: (i) creating and transmitting a false report to | ||||||
10 | the Office of the Inspector General hotline, (ii) providing | ||||||
11 | false information to an Office of the Inspector General | ||||||
12 | Investigator during an investigation, (iii) colluding with | ||||||
13 | other employees to cover up evidence, (iv) colluding with | ||||||
14 | other employees to provide false information to an Office | ||||||
15 | of the Inspector General investigator, (v) destroying | ||||||
16 | evidence, (vi) withholding evidence, or (vii) otherwise | ||||||
17 | obstructing an Office of the Inspector General | ||||||
18 | investigation. Additionally, any employee who, during an | ||||||
19 | unannounced site visit or written response compliance | ||||||
20 | check, fails to cooperate with requests from the Office of | ||||||
21 | the Inspector General is in violation of this Act. to those | ||||||
22 | facilities at least once annually, and shall be granted | ||||||
23 | access, for the purpose of investigating a report of abuse | ||||||
24 | or neglect, to the records of the Department of Human | ||||||
25 | Services and to any facility or program funded by the | ||||||
26 | Department of Human Services that is subject under the |
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1 | provisions of this Section to investigation by the | ||||||
2 | Inspector General for a report of abuse or neglect. | ||||||
3 | (g) Other investigations. Nothing in this Section shall | ||||||
4 | limit investigations by the Department of Human Services that | ||||||
5 | may otherwise be required by law or that may be necessary in | ||||||
6 | that Department's capacity as the central administrative | ||||||
7 | authority responsible for the operation of State mental health | ||||||
8 | and developmental disability facilities. | ||||||
9 | (j) Subpoena powers. The Inspector General shall have the | ||||||
10 | power to subpoena witnesses and compel the production of all | ||||||
11 | documents and physical evidence relating to his or her | ||||||
12 | investigations and any hearings authorized by this Act. This | ||||||
13 | subpoena power shall not extend to persons or documents of a | ||||||
14 | labor organization or its representatives insofar as the | ||||||
15 | persons are acting in a representative capacity to an employee | ||||||
16 | whose conduct is the subject of an investigation or the | ||||||
17 | documents relate to that representation. Any person who | ||||||
18 | otherwise fails to respond to a subpoena or who knowingly | ||||||
19 | provides false information to the Office of the Inspector | ||||||
20 | General by subpoena during an investigation is guilty of a | ||||||
21 | Class A misdemeanor. | ||||||
22 | (k) Reporting allegations and deaths. | ||||||
23 | (1) Allegations. If an employee witnesses, is told of, | ||||||
24 | or has reason to believe an incident of mental abuse, | ||||||
25 | physical abuse, sexual abuse, neglect, or financial | ||||||
26 | exploitation has occurred, the employee, agency, or |
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1 | facility shall report the allegation by phone to the Office | ||||||
2 | of the Inspector General hotline according to the agency's | ||||||
3 | or facility's procedures, but in no event later than 4 | ||||||
4 | hours after the initial discovery of the incident, | ||||||
5 | allegation, or suspicion of any one or more of the | ||||||
6 | following: mental abuse, physical abuse, sexual abuse, | ||||||
7 | neglect, or financial exploitation. A required reporter as | ||||||
8 | defined in subsection (b) of this Section who knowingly or | ||||||
9 | intentionally fails to comply with these reporting | ||||||
10 | requirements is guilty of a Class A misdemeanor. | ||||||
11 | (2) Deaths. Absent an allegation, a required reporter | ||||||
12 | shall, within 24 hours after initial discovery, report by | ||||||
13 | phone to the Office of the Inspector General hotline each | ||||||
14 | of the following: | ||||||
15 | (i) Any death of an individual occurring within 14 | ||||||
16 | calendar days after discharge or transfer of the | ||||||
17 | individual from a residential program or facility. | ||||||
18 | (ii) Any death of an individual occurring within 24 | ||||||
19 | hours after deflection from a residential program or | ||||||
20 | facility. | ||||||
21 | (iii) Any other death of an individual occurring at | ||||||
22 | an agency or facility or at any Department-funded site. | ||||||
23 | (3) Retaliation. It is a violation of this Act for any | ||||||
24 | employee or administrator of an agency or facility to take | ||||||
25 | retaliatory action against an employee who acts in good | ||||||
26 | faith in conformance with his or her duties as a required |
| |||||||
| |||||||
1 | reporter. | ||||||
2 | (l) Reporting criminal acts. Within 24 hours after | ||||||
3 | determining that there is credible evidence indicating that a | ||||||
4 | criminal act may have been committed or that special expertise | ||||||
5 | may be required in an investigation, the Inspector General | ||||||
6 | shall notify the Department of State Police or other | ||||||
7 | appropriate law enforcement authority, or ensure that such | ||||||
8 | notification is made. The Department of State Police shall | ||||||
9 | investigate any report from a State-operated facility | ||||||
10 | indicating a possible murder, sexual assault, or other felony | ||||||
11 | by an employee. All investigations conducted by the Inspector | ||||||
12 | General shall be conducted in a manner designed to ensure the | ||||||
13 | preservation of evidence for possible use in a criminal | ||||||
14 | prosecution. | ||||||
15 | (m) Investigative reports. Upon completion of an | ||||||
16 | investigation, the Office of Inspector General shall issue an | ||||||
17 | investigative report identifying whether the allegations are | ||||||
18 | substantiated, unsubstantiated, or unfounded. Within 10 | ||||||
19 | business days after the transmittal of a completed | ||||||
20 | investigative report substantiating an allegation, or if a | ||||||
21 | recommendation is made, the Inspector General shall provide the | ||||||
22 | investigative report on the case to the Secretary and to the | ||||||
23 | director of the facility or agency where any one or more of the | ||||||
24 | following occurred: mental abuse, physical abuse, sexual | ||||||
25 | abuse, neglect, egregious neglect, or financial exploitation. | ||||||
26 | In a substantiated case, the investigative report shall include |
| |||||||
| |||||||
1 | any mitigating or aggravating circumstances that were | ||||||
2 | identified during the investigation. If the case involves | ||||||
3 | substantiated neglect, the investigative report shall also | ||||||
4 | state whether egregious neglect was found. An investigative | ||||||
5 | report may also set forth recommendations. All investigative | ||||||
6 | reports prepared by the Office of the Inspector General shall | ||||||
7 | be considered confidential and shall not be released except as | ||||||
8 | provided by the law of this State or as required under | ||||||
9 | applicable federal law. Unsubstantiated and unfounded reports | ||||||
10 | shall not be disclosed except as allowed under Section 6 of the | ||||||
11 | Abused and Neglected Long Term Care Facility Residents | ||||||
12 | Reporting Act. Raw data used to compile the investigative | ||||||
13 | report shall not be subject to release unless required by law | ||||||
14 | or a court order. "Raw data used to compile the investigative | ||||||
15 | report" includes, but is not limited to, any one or more of the | ||||||
16 | following: the initial complaint, witness statements, | ||||||
17 | photographs, investigator's notes, police reports, or incident | ||||||
18 | reports. If the allegations are substantiated, the accused | ||||||
19 | shall be provided with a redacted copy of the investigative | ||||||
20 | report. Death reports where there was no allegation of abuse or | ||||||
21 | neglect shall only be released pursuant to applicable State or | ||||||
22 | federal law or a valid court order. | ||||||
23 | (n) Written responses and reconsideration requests. | ||||||
24 | (1) Written responses. Within 30 calendar days from | ||||||
25 | receipt of a substantiated investigative report or an | ||||||
26 | investigative report which contains recommendations, |
| |||||||
| |||||||
1 | absent a reconsideration request, the facility or agency | ||||||
2 | shall file a written response that addresses, in a concise | ||||||
3 | and reasoned manner, the actions taken to: (i) protect the | ||||||
4 | individual; (ii) prevent recurrences; and (iii) eliminate | ||||||
5 | the problems identified. The response shall include the | ||||||
6 | implementation and completion dates of such actions. If the | ||||||
7 | written response is not filed within the allotted 30 | ||||||
8 | calendar day period, the Secretary shall determine the | ||||||
9 | appropriate corrective action to be taken. | ||||||
10 | (2) Reconsideration requests. The facility, agency, | ||||||
11 | victim or guardian, or the subject employee may request | ||||||
12 | that the Office of Inspector General reconsider or clarify | ||||||
13 | its finding based upon additional information. | ||||||
14 | (o) Disclosure of the finding by the Inspector General. The | ||||||
15 | Inspector General shall disclose the finding of an | ||||||
16 | investigation to the following persons: (i) the Governor, (ii) | ||||||
17 | the Secretary, (iii) the director of the facility or agency, | ||||||
18 | (iv) the alleged victims and their guardians, (v) the | ||||||
19 | complainant, and (vi) the accused. This information shall | ||||||
20 | include whether the allegations were deemed substantiated, | ||||||
21 | unsubstantiated, or unfounded. | ||||||
22 | (p) Secretary review. Upon review of the Inspector | ||||||
23 | General's investigative report and any agency's or facility's | ||||||
24 | written response, the Secretary shall accept or reject the | ||||||
25 | written response and notify the Inspector General of that | ||||||
26 | determination. The Secretary may further direct that other |
| |||||||
| |||||||
1 | administrative action be taken, including, but not limited to, | ||||||
2 | any one or more of the following: (i) additional site visits, | ||||||
3 | (ii) training, (iii) provision of technical assistance | ||||||
4 | relative to administrative needs, licensure or certification, | ||||||
5 | or (iv) the imposition of appropriate sanctions. | ||||||
6 | (q) Action by facility or agency. Within 30 days of the | ||||||
7 | date the Secretary approves the written response or directs | ||||||
8 | that further administrative action be taken, the facility or | ||||||
9 | agency shall provide an implementation report to the Inspector | ||||||
10 | General that provides the status of the action taken. The | ||||||
11 | facility or agency shall be allowed an additional 30 days to | ||||||
12 | send notice of completion of the action or to send an updated | ||||||
13 | implementation report. If the action has not been completed | ||||||
14 | within the additional 30 day period, the facility or agency | ||||||
15 | shall send updated implementation reports every 60 days until | ||||||
16 | completion. The Inspector General shall conduct a review of any | ||||||
17 | implementation plan that takes more than 120 days after | ||||||
18 | approval to complete, and shall monitor compliance through a | ||||||
19 | random review of approved written responses, which may include, | ||||||
20 | but are not limited to: (i) site visits, (ii) telephone | ||||||
21 | contact, and (iii) requests for additional documentation | ||||||
22 | evidencing compliance. | ||||||
23 | (r) Sanctions. Sanctions, if imposed by the Secretary under | ||||||
24 | Subdivision (p)(iv) of this Section, shall be designed to | ||||||
25 | prevent further acts of mental abuse, physical abuse, sexual | ||||||
26 | abuse, neglect, egregious neglect, or financial exploitation |
| |||||||
| |||||||
1 | or some combination of one or more of those acts at a facility | ||||||
2 | or agency, and may include any one or more of the following: | ||||||
3 | (1) Appointment of on-site monitors. | ||||||
4 | (2) Transfer or relocation of an individual or | ||||||
5 | individuals. | ||||||
6 | (3) Closure of units. | ||||||
7 | (4) Termination of any one or more of the following: | ||||||
8 | (i) Department licensing, (ii) funding, or (iii) | ||||||
9 | certification. | ||||||
10 | The Inspector General may seek the assistance of the | ||||||
11 | Illinois Attorney General or the office of any State's Attorney | ||||||
12 | in implementing sanctions. | ||||||
13 | (s) (g-5) Health care worker registry. After notice and an | ||||||
14 | opportunity for a hearing that is separate and distinct from | ||||||
15 | the Office of the Inspector General's appeals process as | ||||||
16 | implemented under subsection (c) of this Section, | ||||||
17 | (1) Reporting to the registry. The the Inspector | ||||||
18 | General shall report to the Department of Public Health's | ||||||
19 | health care worker registry , a public registry, under | ||||||
20 | Section 3-206.01 of the Nursing Home Care Act the identity | ||||||
21 | and finding of each employee of a facility or agency of | ||||||
22 | individuals against whom there is a final investigative | ||||||
23 | report containing a substantiated allegation has been a | ||||||
24 | substantiated finding of physical or sexual abuse or | ||||||
25 | egregious neglect of an individual a service recipient . | ||||||
26 | Nothing in this subsection shall diminish or impair the |
| |||||||
| |||||||
1 | rights of a person who is a member of a collective bargaining | ||||||
2 | unit pursuant to the Illinois Public Labor Relations Act or | ||||||
3 | pursuant to any federal labor statute. An individual who is a | ||||||
4 | member of a collective bargaining unit as described above shall | ||||||
5 | not be reported to the Department of Public Health's health | ||||||
6 | care worker registry until the exhaustion of that individual's | ||||||
7 | grievance and arbitration rights, or until 3 months after the | ||||||
8 | initiation of the grievance process, whichever occurs first, | ||||||
9 | provided that the Department of Human Services' hearing under | ||||||
10 | this subsection regarding the reporting of an individual to the | ||||||
11 | Department of Public Health's health care worker registry has | ||||||
12 | concluded. Notwithstanding anything hereinafter or previously | ||||||
13 | provided, if an action taken by an employer against an | ||||||
14 | individual as a result of the circumstances that led to a | ||||||
15 | finding of physical or sexual abuse or egregious neglect is | ||||||
16 | later overturned under a grievance or arbitration procedure | ||||||
17 | provided for in Section 8 of the Illinois Public Labor | ||||||
18 | Relations Act or under a collective bargaining agreement, the | ||||||
19 | report must be removed from the registry. | ||||||
20 | The Department of Human Services shall promulgate or amend | ||||||
21 | rules as necessary or appropriate to establish procedures for | ||||||
22 | reporting to the registry, including the definition of | ||||||
23 | egregious neglect, procedures for notice to the individual and | ||||||
24 | victim, appeal and hearing procedures, and petition for removal | ||||||
25 | of the report from the registry. The portion of the rules | ||||||
26 | pertaining to hearings shall provide that, at the hearing, both |
| |||||||
| |||||||
1 | parties may present written and oral evidence. The Department | ||||||
2 | shall be required to establish by a preponderance of the | ||||||
3 | evidence that the Office of the Inspector General's finding of | ||||||
4 | physical or sexual abuse or egregious neglect warrants | ||||||
5 | reporting to the Department of Public Health's health care | ||||||
6 | worker registry under Section 3-206.01 of the Nursing Home Care | ||||||
7 | Act. | ||||||
8 | (2) Notice to employee. Prior to reporting the name of | ||||||
9 | an employee, the employee shall be notified of the | ||||||
10 | Department's obligation to report and shall be granted an | ||||||
11 | opportunity to request an administrative hearing, the sole | ||||||
12 | purpose of which is to determine if the substantiated | ||||||
13 | finding warrants reporting to the registry. Notice to the | ||||||
14 | employee individual shall contain include a clear and | ||||||
15 | concise statement of the grounds on which the report to the | ||||||
16 | registry is based , offer the employee an and notice of the | ||||||
17 | opportunity for a hearing , and identify the process for | ||||||
18 | requesting such a hearing to contest the report . Notice is | ||||||
19 | sufficient if provided The Department of Human Services | ||||||
20 | shall provide the notice by certified mail to the | ||||||
21 | employee's last known address of the individual . The notice | ||||||
22 | shall give the individual an opportunity to contest the | ||||||
23 | report in a hearing before the Department of Human Services | ||||||
24 | or to submit a written response to the findings instead of | ||||||
25 | requesting a hearing. If the employee fails to individual | ||||||
26 | does not request a hearing within 30 days from the date of |
| |||||||
| |||||||
1 | the notice, the Inspector General shall report the name of | ||||||
2 | the employee to or if after notice and a hearing the | ||||||
3 | Department of Human Services finds that the report is | ||||||
4 | valid, the finding shall be included as part of the | ||||||
5 | registry , as well as a brief statement from the reported | ||||||
6 | individual if he or she chooses to make a statement. The | ||||||
7 | Department of Public Health shall make available to the | ||||||
8 | public information reported to the registry. In a case of | ||||||
9 | inquiries concerning an individual listed in the registry, | ||||||
10 | any information disclosed concerning a finding of abuse or | ||||||
11 | neglect shall also include disclosure of the individual's | ||||||
12 | brief statement in the registry relating to the reported | ||||||
13 | finding or include a clear and accurate summary of the | ||||||
14 | statement . Nothing in this subdivision (s)(2) shall | ||||||
15 | diminish or impair the rights of a person who is a member | ||||||
16 | of a collective bargaining unit under the Illinois Public | ||||||
17 | Labor Relations Act or under any other federal labor | ||||||
18 | statute. | ||||||
19 | (3) Registry hearings. If the employee requests an | ||||||
20 | administrative hearing, the employee shall be granted an | ||||||
21 | opportunity to appear before an administrative law judge to | ||||||
22 | present reasons why the employee's name should not be | ||||||
23 | reported to the registry. The Department shall bear the | ||||||
24 | burden of presenting evidence that establishes, by a | ||||||
25 | preponderance of the evidence, that the substantiated | ||||||
26 | finding warrants reporting to the registry. After |
| |||||||
| |||||||
1 | considering all the evidence presented, the administrative | ||||||
2 | law judge shall make a recommendation to the Secretary as | ||||||
3 | to whether the substantiated finding warrants reporting | ||||||
4 | the name of the employee to the registry. The Secretary | ||||||
5 | shall render the final decision. The Department and the | ||||||
6 | employee shall have the right to request that the | ||||||
7 | administrative law judge consider a stipulated disposition | ||||||
8 | of these proceedings. | ||||||
9 | (4) Testimony at registry hearings. A person who makes | ||||||
10 | a report or who investigates a report under this Act shall | ||||||
11 | testify fully in any judicial proceeding resulting from | ||||||
12 | such a report, as to any evidence of abuse or neglect, or | ||||||
13 | the cause thereof. No evidence shall be excluded by reason | ||||||
14 | of any common law or statutory privilege relating to | ||||||
15 | communications between the alleged perpetrator of abuse or | ||||||
16 | neglect, or the individual alleged as the victim in the | ||||||
17 | report, and the person making or investigating the report. | ||||||
18 | Testimony at hearings is exempt from the confidentiality | ||||||
19 | requirements of subsection (f) of Section 10 of the Mental | ||||||
20 | Health and Developmental Disabilities Confidentiality Act. | ||||||
21 | (5) Employee's rights to collateral action. No | ||||||
22 | reporting to the registry shall occur and no hearing shall | ||||||
23 | be set or proceed if an employee notifies the Inspector | ||||||
24 | General in writing, including any supporting | ||||||
25 | documentation, that he or she is formally contesting an | ||||||
26 | adverse employment action resulting from a substantiated |
| |||||||
| |||||||
1 | finding by complaint filed with the Illinois Civil Service | ||||||
2 | Commission, or which otherwise seeks to enforce the | ||||||
3 | employee's rights pursuant to any applicable collective | ||||||
4 | bargaining agreement. If an action taken by an employer | ||||||
5 | against an employee as a result of a finding of physical | ||||||
6 | abuse, sexual abuse, or egregious neglect is overturned | ||||||
7 | through an action filed with the Illinois Civil Service | ||||||
8 | Commission or under any applicable collective bargaining | ||||||
9 | agreement and if that employee's name has already been sent | ||||||
10 | to the registry, the employee's name shall be removed from | ||||||
11 | the registry. | ||||||
12 | (6) Removal from registry. At any time after the report | ||||||
13 | to of the registry, but no more than once in any 12-month | ||||||
14 | period, an employee individual may petition the Department | ||||||
15 | in writing to remove his or her name of Human Services for | ||||||
16 | removal from the registry of the finding against him or | ||||||
17 | her . Upon receiving notice of such request, the Inspector | ||||||
18 | General receipt of such a petition, the Department of Human | ||||||
19 | Services shall conduct an investigation into and hearing on | ||||||
20 | the petition. Upon receipt of such request, an | ||||||
21 | administrative hearing will be set by the Department. At | ||||||
22 | the hearing, the employee shall bear the burden of | ||||||
23 | presenting evidence that establishes, by a preponderance | ||||||
24 | of the evidence, that removal of the name from the registry | ||||||
25 | is completion of the investigation and hearing, the | ||||||
26 | Department of Human Services shall report the removal of |
| |||||||
| |||||||
1 | the finding to the registry unless the Department of Human | ||||||
2 | Services determines that removal is not in the public | ||||||
3 | interest. The parties may jointly request that the | ||||||
4 | administrative law judge consider a stipulated disposition | ||||||
5 | of these proceedings. | ||||||
6 | (t) Review of Administrative Decisions. The Department | ||||||
7 | shall preserve a record of all proceedings at any formal | ||||||
8 | hearing conducted by the Department involving health care | ||||||
9 | worker registry hearings. Final administrative decisions of | ||||||
10 | the Department are subject to judicial review pursuant to | ||||||
11 | provisions of the Administrative Review Law. | ||||||
12 | (u) (h) Quality Care Board. There is created, within the | ||||||
13 | Office of the Inspector General, a Quality Care Board to be | ||||||
14 | composed of 7 members appointed by the Governor with the advice | ||||||
15 | and consent of the Senate. One of the members shall be | ||||||
16 | designated as chairman by the Governor. Of the initial | ||||||
17 | appointments made by the Governor, 4 Board members shall each | ||||||
18 | be appointed for a term of 4 years and 3 members shall each be | ||||||
19 | appointed for a term of 2 years. Upon the expiration of each | ||||||
20 | member's term, a successor shall be appointed for a term of 4 | ||||||
21 | years. In the case of a vacancy in the office of any member, | ||||||
22 | the Governor shall appoint a successor for the remainder of the | ||||||
23 | unexpired term. | ||||||
24 | Members appointed by the Governor shall be qualified by | ||||||
25 | professional knowledge or experience in the area of law, | ||||||
26 | investigatory techniques, or in the area of care of the |
| |||||||
| |||||||
1 | mentally ill or developmentally disabled. Two members | ||||||
2 | appointed by the Governor shall be persons with a disability or | ||||||
3 | a parent of a person with a disability. Members shall serve | ||||||
4 | without compensation, but shall be reimbursed for expenses | ||||||
5 | incurred in connection with the performance of their duties as | ||||||
6 | members. | ||||||
7 | The Board shall meet quarterly, and may hold other meetings | ||||||
8 | on the call of the chairman. Four members shall constitute a | ||||||
9 | quorum allowing the Board to conduct its business . The Board | ||||||
10 | may adopt rules and regulations it deems necessary to govern | ||||||
11 | its own procedures. | ||||||
12 | (i) Scope and function of the Quality Care Board. The Board | ||||||
13 | shall monitor and oversee the operations, policies, and | ||||||
14 | procedures of the Inspector General to ensure assure the prompt | ||||||
15 | and thorough investigation of allegations of neglect and abuse. | ||||||
16 | In fulfilling these responsibilities, the Board may do the | ||||||
17 | following: | ||||||
18 | (1) Provide independent, expert consultation to the | ||||||
19 | Inspector General on policies and protocols for | ||||||
20 | investigations of alleged neglect and abuse , neglect, or | ||||||
21 | both abuse and neglect . | ||||||
22 | (2) Review existing regulations relating to the | ||||||
23 | operation of facilities under the control of the Department | ||||||
24 | of Human Services . | ||||||
25 | (3) Advise the Inspector General as to the content of | ||||||
26 | training activities authorized under this Section. |
| |||||||
| |||||||
1 | (4) Recommend policies concerning methods for | ||||||
2 | improving the intergovernmental relationships between the | ||||||
3 | Office of the Inspector General and other State or federal | ||||||
4 | offices agencies . | ||||||
5 | (j) Investigators. The Inspector General shall establish a | ||||||
6 | comprehensive program to ensure that every person employed or | ||||||
7 | newly hired to conduct investigations shall receive training on | ||||||
8 | an on-going basis concerning investigative techniques, | ||||||
9 | communication skills, and the appropriate means of contact with | ||||||
10 | persons admitted or committed to the mental health or | ||||||
11 | developmental disabilities facilities under the jurisdiction | ||||||
12 | of the Department of Human Services. | ||||||
13 | (k) Subpoenas; testimony; penalty. The Inspector General | ||||||
14 | shall have the power to subpoena witnesses and compel the | ||||||
15 | production of books and papers pertinent to an investigation | ||||||
16 | authorized by this Act, provided that the power to subpoena or | ||||||
17 | to compel the production of books and papers shall not extend | ||||||
18 | to the person or documents of a labor organization or its | ||||||
19 | representatives insofar as the person or documents of a labor | ||||||
20 | organization relate to the function of representing an employee | ||||||
21 | subject to investigation under this Act. Mental health records | ||||||
22 | of patients shall be confidential as provided under the Mental | ||||||
23 | Health and Developmental Disabilities Confidentiality Act. Any | ||||||
24 | person who fails to appear in response to a subpoena or to | ||||||
25 | answer any question or produce any books or papers pertinent to | ||||||
26 | an investigation under this Act, except as otherwise provided |
| |||||||
| |||||||
1 | in this Section, or who knowingly gives false testimony in | ||||||
2 | relation to an investigation under this Act is guilty of a | ||||||
3 | Class A misdemeanor. | ||||||
4 | (v) (l) Annual report. The Inspector General shall provide | ||||||
5 | to the General Assembly and the Governor, no later than January | ||||||
6 | 1 of each year, a summary of reports and investigations made | ||||||
7 | under this Act for the prior fiscal year with respect to | ||||||
8 | individuals receiving mental health or developmental | ||||||
9 | disabilities services residents of institutions under the | ||||||
10 | jurisdiction of the Department of Human Services . The report | ||||||
11 | shall detail the imposition of sanctions , if any, and the final | ||||||
12 | disposition of any corrective or administrative action | ||||||
13 | directed by the Secretary. those recommendations. The | ||||||
14 | summaries shall not contain any confidential or identifying | ||||||
15 | information of any individual, but concerning the subjects of | ||||||
16 | the reports and investigations. The report shall also include | ||||||
17 | objective data identifying any trends in a trend analysis of | ||||||
18 | the number of reported allegations , the timeliness of the | ||||||
19 | Office of the Inspector General's investigations, and their | ||||||
20 | disposition, for each facility and Department-wide, for the | ||||||
21 | most recent 3-year time period . The report shall also identify, | ||||||
22 | by facility, the staff-to-patient ratios taking account and a | ||||||
23 | statement, for each facility, of the staffing-to-patient | ||||||
24 | ratios. The ratios shall include only the number of direct care | ||||||
25 | staff only . The report shall also include detailed recommended | ||||||
26 | administrative actions and matters for consideration by the |
| |||||||
| |||||||
1 | General Assembly. | ||||||
2 | (w) (m) Program audit. The Auditor General shall conduct a | ||||||
3 | biennial program audit of the Office of the Inspector General | ||||||
4 | on an as-needed basis, as determined by the Auditor General. in | ||||||
5 | relation to the Inspector General's compliance with this Act. | ||||||
6 | The audit shall specifically include the Inspector General's | ||||||
7 | compliance with the Act and effectiveness in investigating | ||||||
8 | reports of allegations occurring in any facility or agency. | ||||||
9 | alleged neglect or abuse of residents in any facility operated | ||||||
10 | by the Department of Human Services and in making | ||||||
11 | recommendations for sanctions to the Departments of Human | ||||||
12 | Services and Public Health. The Auditor General shall conduct | ||||||
13 | the program audit according to the provisions of the Illinois | ||||||
14 | State Auditing Act and shall report its findings to the General | ||||||
15 | Assembly no later than January 1 following of the audit period | ||||||
16 | each odd-numbered year .
| ||||||
17 | (x) Nothing in this Section shall be construed to mean that | ||||||
18 | a patient is a victim of abuse or neglect because of health | ||||||
19 | care services appropriately provided or not provided by health | ||||||
20 | care professionals. | ||||||
21 | (y) Nothing in this Section shall require a facility, | ||||||
22 | including its employees, agents, medical staff members, and | ||||||
23 | health care professionals, to provide a service to a patient in | ||||||
24 | contravention of that patient's stated or implied objection to | ||||||
25 | the provision of that service on the ground that that service | ||||||
26 | conflicts with the patient's religious beliefs or practices, |
| |||||||
| |||||||
1 | nor shall the failure to provide a service to a patient be | ||||||
2 | considered abuse under this Section if the patient has objected | ||||||
3 | to the provision of that service based on his or her religious | ||||||
4 | beliefs or practices. | ||||||
5 | (Source: P.A. 95-545, eff. 8-28-07.)
| ||||||
6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.
|