Rep. Roger L. Eddy
Filed: 3/12/2010
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1 | AMENDMENT TO HOUSE BILL 5132
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2 | AMENDMENT NO. ______. Amend House Bill 5132 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Department of Human Services Act is amended | ||||||
5 | by changing Section 1-17 as follows:
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6 | (20 ILCS 1305/1-17)
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7 | (Text of Section before amendment by P.A. 96-339 ) | ||||||
8 | Sec. 1-17. Inspector General. | ||||||
9 | (a) Nature and purpose. It is the express intent of the | ||||||
10 | General Assembly to ensure the health, safety, and financial | ||||||
11 | condition of individuals receiving services in this State due | ||||||
12 | to mental illness, developmental disability, or both by | ||||||
13 | protecting those persons from acts of abuse, neglect, or both | ||||||
14 | by service providers. To that end, the Office of the Inspector | ||||||
15 | General for the Department of Human Services is created to | ||||||
16 | investigate and report upon allegations of the abuse, neglect, |
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1 | or financial exploitation of individuals receiving services | ||||||
2 | within mental health facilities, developmental disabilities | ||||||
3 | facilities, and community agencies operated, licensed, funded | ||||||
4 | or certified by the Department of Human Services , but not | ||||||
5 | licensed or certified by any other State agency. It is also the | ||||||
6 | express intent of the General Assembly to authorize the | ||||||
7 | Inspector General to investigate alleged or suspected cases of | ||||||
8 | abuse, neglect, or financial exploitation of adults with | ||||||
9 | disabilities living in domestic settings in the community under | ||||||
10 | the Abuse of Adults with Disabilities Intervention Act. | ||||||
11 | (b) Definitions. The following definitions apply to this | ||||||
12 | Section: | ||||||
13 | "Agency" or "community agency" means (i) a community agency | ||||||
14 | licensed, funded, or certified by the Department , but not | ||||||
15 | licensed or certified by any other human services agency of the | ||||||
16 | State, to provide mental health service or developmental | ||||||
17 | disabilities service, or (ii) a program licensed, funded, or | ||||||
18 | certified by the Department , but not licensed or certified by | ||||||
19 | any other human services agency of the State, to provide mental | ||||||
20 | health service or developmental disabilities service. | ||||||
21 | "Aggravating circumstance" means a factor that is | ||||||
22 | attendant to a finding and that tends to compound or increase | ||||||
23 | the culpability of the accused. | ||||||
24 | "Allegation" means an assertion, complaint, suspicion, or | ||||||
25 | incident involving any of the following conduct by an employee, | ||||||
26 | facility, or agency against an individual or individuals: |
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1 | mental abuse, physical abuse, sexual abuse, neglect, or | ||||||
2 | financial exploitation. | ||||||
3 | "Day" means working day, unless otherwise specified. | ||||||
4 | "Deflection" means a situation in which an individual is | ||||||
5 | presented for admission to a facility or agency, and the | ||||||
6 | facility staff or agency staff do not admit the individual. | ||||||
7 | "Deflection" includes triage, redirection, and denial of | ||||||
8 | admission. | ||||||
9 | "Department" means the Department of Human Services. | ||||||
10 | "Developmentally disabled" means having a developmental | ||||||
11 | disability. | ||||||
12 | "Developmental disability" means "developmental | ||||||
13 | disability" as defined in the Mental Health and Developmental | ||||||
14 | Disabilities Code. | ||||||
15 | "Egregious neglect" means a finding of neglect as | ||||||
16 | determined by the Inspector General that (i) represents a gross | ||||||
17 | failure to adequately provide for, or a callused indifference | ||||||
18 | to, the health, safety, or medical needs of an individual and | ||||||
19 | (ii) results in an individual's death or other serious | ||||||
20 | deterioration of an individual's physical condition or mental | ||||||
21 | condition. | ||||||
22 | "Employee" means any person who provides services at the | ||||||
23 | facility or agency on-site or off-site. The service | ||||||
24 | relationship can be with the individual or with the facility or | ||||||
25 | agency. Also, "employee" includes any employee or contractual | ||||||
26 | agent of the Department of Human Services or the community |
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1 | agency involved in providing or monitoring or administering | ||||||
2 | mental health or developmental disability services. This | ||||||
3 | includes but is not limited to: owners, operators, payroll | ||||||
4 | personnel, contractors, subcontractors, and volunteers. | ||||||
5 | "Facility" or "State-operated facility" means a mental | ||||||
6 | health facility or developmental disabilities facility | ||||||
7 | operated by the Department. | ||||||
8 | "Financial exploitation" means taking unjust advantage of | ||||||
9 | an individual's assets, property, or financial resources | ||||||
10 | through deception, intimidation, or conversion for the | ||||||
11 | employee's, facility's, or agency's own advantage or benefit. | ||||||
12 | "Finding" means the Office of Inspector General's | ||||||
13 | determination regarding whether an allegation is | ||||||
14 | substantiated, unsubstantiated, or unfounded. | ||||||
15 | "Health care worker registry" or "registry" means the | ||||||
16 | health care worker registry created by the Nursing Home Care | ||||||
17 | Act. | ||||||
18 | "Individual" means any person receiving mental health | ||||||
19 | service, developmental disabilities service, or both from a | ||||||
20 | facility or agency, while either on-site or off-site. | ||||||
21 | "Mental abuse" means the use of demeaning, intimidating, or | ||||||
22 | threatening words, signs, gestures, or other actions by an | ||||||
23 | employee about an individual and in the presence of an | ||||||
24 | individual or individuals that results in emotional distress or | ||||||
25 | maladaptive behavior, or could have resulted in emotional | ||||||
26 | distress or maladaptive behavior, for any individual present. |
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1 | "Mental illness" means "mental illness" as defined in the | ||||||
2 | Mental Health and Developmental Disabilities Code. | ||||||
3 | "Mentally ill" means having a mental illness. | ||||||
4 | "Mitigating circumstance" means a condition that (i) is | ||||||
5 | attendant to a finding, (ii) does not excuse or justify the | ||||||
6 | conduct in question, but (iii) may be considered in evaluating | ||||||
7 | the severity of the conduct, the culpability of the accused, or | ||||||
8 | both the severity of the conduct and the culpability of the | ||||||
9 | accused. | ||||||
10 | "Neglect" means an employee's, agency's, or facility's | ||||||
11 | failure to provide adequate medical care, personal care, or | ||||||
12 | maintenance and that, as a consequence, (i) causes an | ||||||
13 | individual pain, injury, or emotional distress, (ii) results in | ||||||
14 | either an individual's maladaptive behavior or the | ||||||
15 | deterioration of an individual's physical condition or mental | ||||||
16 | condition, or (iii) places the individual's health or safety at | ||||||
17 | substantial risk. | ||||||
18 | "Physical abuse" means an employee's non-accidental and | ||||||
19 | inappropriate contact with an individual that causes bodily | ||||||
20 | harm. "Physical abuse" includes actions that cause bodily harm | ||||||
21 | as a result of an employee directing an individual or person to | ||||||
22 | physically abuse another individual. | ||||||
23 | "Recommendation" means an admonition, separate from a | ||||||
24 | finding, that requires action by the facility, agency, or | ||||||
25 | Department to correct a systemic issue, problem, or deficiency | ||||||
26 | identified during an investigation. |
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1 | "Required reporter" means any employee who suspects, | ||||||
2 | witnesses, or is informed of an allegation of any one or more | ||||||
3 | of the following: mental abuse, physical abuse, sexual abuse, | ||||||
4 | neglect, or financial exploitation. | ||||||
5 | "Secretary" means the Chief Administrative Officer of the | ||||||
6 | Department. | ||||||
7 | "Sexual abuse" means any sexual contact or intimate | ||||||
8 | physical contact between an employee and an individual, | ||||||
9 | including an employee's coercion or encouragement of an | ||||||
10 | individual to engage in sexual behavior that results in sexual | ||||||
11 | contact, intimate physical contact, sexual behavior, or | ||||||
12 | intimate physical behavior. | ||||||
13 | "Substantiated" means there is a preponderance of the | ||||||
14 | evidence to support the allegation. | ||||||
15 | "Unfounded" means there is no credible evidence to support | ||||||
16 | the allegation. | ||||||
17 | "Unsubstantiated" means there is credible evidence, but | ||||||
18 | less than a preponderance of evidence to support the | ||||||
19 | allegation. | ||||||
20 | (c) Appointment. The Governor shall appoint, and the Senate | ||||||
21 | shall confirm, an Inspector General. The Inspector General | ||||||
22 | shall be appointed for a term of 4 years and shall function | ||||||
23 | within the Department of Human Services and report to the | ||||||
24 | Secretary and the Governor. | ||||||
25 | (d) Operation and appropriation. The Inspector General | ||||||
26 | shall function independently within the Department with |
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1 | respect to the operations of the Office, including the | ||||||
2 | performance of investigations and issuance of findings and | ||||||
3 | recommendations. The appropriation for the Office of Inspector | ||||||
4 | General shall be separate from the overall appropriation for | ||||||
5 | the Department. | ||||||
6 | (e) Powers and duties. The Inspector General shall | ||||||
7 | investigate reports of suspected mental abuse, physical abuse, | ||||||
8 | sexual abuse, neglect, or financial exploitation of | ||||||
9 | individuals in any mental health or developmental disabilities | ||||||
10 | facility or agency and shall have authority to take immediate | ||||||
11 | action to prevent any one or more of the following from | ||||||
12 | happening to individuals under its jurisdiction: mental abuse, | ||||||
13 | physical abuse, sexual abuse, neglect, or financial | ||||||
14 | exploitation. Upon written request of an agency of this State, | ||||||
15 | the Inspector General may assist another agency of the State in | ||||||
16 | investigating reports of the abuse, neglect, or abuse and | ||||||
17 | neglect of persons with mental illness, persons with | ||||||
18 | developmental disabilities, or persons with both. To comply | ||||||
19 | with the requirements of subsection (k) of this Section, the | ||||||
20 | Inspector General shall also review all reportable deaths for | ||||||
21 | which there is no allegation of abuse or neglect. Nothing in | ||||||
22 | this Section shall preempt any duties of the Medical Review | ||||||
23 | Board set forth in the Mental Health and Developmental | ||||||
24 | Disabilities Code. The Inspector General shall have no | ||||||
25 | authority to investigate alleged violations of the State | ||||||
26 | Officials and Employees Ethics Act. Allegations of misconduct |
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1 | under the State Officials and Employees Ethics Act shall be | ||||||
2 | referred to the Office of the Governor's Executive Inspector | ||||||
3 | General for investigation. | ||||||
4 | (f) Limitations. The Inspector General shall not conduct an | ||||||
5 | investigation within an agency or facility if that | ||||||
6 | investigation would be redundant to or interfere with an | ||||||
7 | investigation conducted by another State agency. The Inspector | ||||||
8 | General shall have no supervision over, or involvement in, the | ||||||
9 | routine programmatic, licensing, funding, or certification | ||||||
10 | operations of the Department. Nothing in this subsection limits | ||||||
11 | investigations by the Department that may otherwise be required | ||||||
12 | by law or that may be necessary in the Department's capacity as | ||||||
13 | central administrative authority responsible for the operation | ||||||
14 | of the State's mental health and developmental disabilities | ||||||
15 | facilities. | ||||||
16 | (g) Rulemaking authority. The Inspector General shall | ||||||
17 | promulgate rules establishing minimum requirements for | ||||||
18 | reporting allegations as well as for initiating, conducting, | ||||||
19 | and completing investigations based upon the nature of the | ||||||
20 | allegation or allegations. The rules shall clearly establish | ||||||
21 | that if 2 or more State agencies could investigate an | ||||||
22 | allegation, the Inspector General shall not conduct an | ||||||
23 | investigation that would be redundant to, or interfere with, an | ||||||
24 | investigation conducted by another State agency. The rules | ||||||
25 | shall further clarify the method and circumstances under which | ||||||
26 | the Office of Inspector General may interact with the |
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1 | licensing, funding, or certification units of the Department in | ||||||
2 | preventing further occurrences of mental abuse, physical | ||||||
3 | abuse, sexual abuse, neglect, egregious neglect, and financial | ||||||
4 | exploitation. | ||||||
5 | (h) Training programs. The Inspector General shall (i) | ||||||
6 | establish a comprehensive program to ensure that every person | ||||||
7 | authorized to conduct investigations receives ongoing training | ||||||
8 | relative to investigation techniques, communication skills, | ||||||
9 | and the appropriate means of interacting with persons receiving | ||||||
10 | treatment for mental illness, developmental disability, or | ||||||
11 | both mental illness and developmental disability, and (ii) | ||||||
12 | establish and conduct periodic training programs for facility | ||||||
13 | and agency employees concerning the prevention and reporting of | ||||||
14 | any one or more of the following: mental abuse, physical abuse, | ||||||
15 | sexual abuse, neglect, egregious neglect, or financial | ||||||
16 | exploitation. Nothing in this Section shall be deemed to | ||||||
17 | prevent the Office of Inspector General from conducting any | ||||||
18 | other training as determined by the Inspector General to be | ||||||
19 | necessary or helpful. | ||||||
20 | (i) Duty to cooperate. | ||||||
21 | (1) The Inspector General shall at all times be granted | ||||||
22 | access to any facility or agency for the purpose of | ||||||
23 | investigating any allegation, conducting unannounced site | ||||||
24 | visits, monitoring compliance with a written response, or | ||||||
25 | completing any other statutorily assigned duty. The | ||||||
26 | Inspector General shall conduct unannounced site visits to |
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1 | each facility at least annually for the purpose of | ||||||
2 | reviewing and making recommendations on systemic issues | ||||||
3 | relative to preventing, reporting, investigating, and | ||||||
4 | responding to all of the following: mental abuse, physical | ||||||
5 | abuse, sexual abuse, neglect, egregious neglect, or | ||||||
6 | financial exploitation. | ||||||
7 | (2) Any employee who fails to cooperate with an Office | ||||||
8 | of the Inspector General investigation is in violation of | ||||||
9 | this Act. Failure to cooperate with an investigation | ||||||
10 | includes, but is not limited to, any one or more of the | ||||||
11 | following: (i) creating and transmitting a false report to | ||||||
12 | the Office of the Inspector General hotline, (ii) providing | ||||||
13 | false information to an Office of the Inspector General | ||||||
14 | Investigator during an investigation, (iii) colluding with | ||||||
15 | other employees to cover up evidence, (iv) colluding with | ||||||
16 | other employees to provide false information to an Office | ||||||
17 | of the Inspector General investigator, (v) destroying | ||||||
18 | evidence, (vi) withholding evidence, or (vii) otherwise | ||||||
19 | obstructing an Office of the Inspector General | ||||||
20 | investigation. Additionally, any employee who, during an | ||||||
21 | unannounced site visit or written response compliance | ||||||
22 | check, fails to cooperate with requests from the Office of | ||||||
23 | the Inspector General is in violation of this Act. | ||||||
24 | (j) Subpoena powers. The Inspector General shall have the | ||||||
25 | power to subpoena witnesses and compel the production of all | ||||||
26 | documents and physical evidence relating to his or her |
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1 | investigations and any hearings authorized by this Act. This | ||||||
2 | subpoena power shall not extend to persons or documents of a | ||||||
3 | labor organization or its representatives insofar as the | ||||||
4 | persons are acting in a representative capacity to an employee | ||||||
5 | whose conduct is the subject of an investigation or the | ||||||
6 | documents relate to that representation. Any person who | ||||||
7 | otherwise fails to respond to a subpoena or who knowingly | ||||||
8 | provides false information to the Office of the Inspector | ||||||
9 | General by subpoena during an investigation is guilty of a | ||||||
10 | Class A misdemeanor. | ||||||
11 | (k) Reporting allegations and deaths. | ||||||
12 | (1) Allegations. If an employee witnesses, is told of, | ||||||
13 | or has reason to believe an incident of mental abuse, | ||||||
14 | physical abuse, sexual abuse, neglect, or financial | ||||||
15 | exploitation has occurred, the employee, agency, or | ||||||
16 | facility shall report the allegation by phone to the Office | ||||||
17 | of the Inspector General hotline according to the agency's | ||||||
18 | or facility's procedures, but in no event later than 4 | ||||||
19 | hours after the initial discovery of the incident, | ||||||
20 | allegation, or suspicion of any one or more of the | ||||||
21 | following: mental abuse, physical abuse, sexual abuse, | ||||||
22 | neglect, or financial exploitation. A required reporter as | ||||||
23 | defined in subsection (b) of this Section who knowingly or | ||||||
24 | intentionally fails to comply with these reporting | ||||||
25 | requirements is guilty of a Class A misdemeanor. | ||||||
26 | (2) Deaths. Absent an allegation, a required reporter |
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1 | shall, within 24 hours after initial discovery, report by | ||||||
2 | phone to the Office of the Inspector General hotline each | ||||||
3 | of the following: | ||||||
4 | (i) Any death of an individual occurring within 14 | ||||||
5 | calendar days after discharge or transfer of the | ||||||
6 | individual from a residential program or facility. | ||||||
7 | (ii) Any death of an individual occurring within 24 | ||||||
8 | hours after deflection from a residential program or | ||||||
9 | facility. | ||||||
10 | (iii) Any other death of an individual occurring at | ||||||
11 | an agency or facility or at any Department-funded site. | ||||||
12 | (3) Retaliation. It is a violation of this Act for any | ||||||
13 | employee or administrator of an agency or facility to take | ||||||
14 | retaliatory action against an employee who acts in good | ||||||
15 | faith in conformance with his or her duties as a required | ||||||
16 | reporter. | ||||||
17 | (l) Reporting criminal acts. Within 24 hours after | ||||||
18 | determining that there is credible evidence indicating that a | ||||||
19 | criminal act may have been committed or that special expertise | ||||||
20 | may be required in an investigation, the Inspector General | ||||||
21 | shall notify the Department of State Police or other | ||||||
22 | appropriate law enforcement authority, or ensure that such | ||||||
23 | notification is made. The Department of State Police shall | ||||||
24 | investigate any report from a State-operated facility | ||||||
25 | indicating a possible murder, sexual assault, or other felony | ||||||
26 | by an employee. All investigations conducted by the Inspector |
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1 | General shall be conducted in a manner designed to ensure the | ||||||
2 | preservation of evidence for possible use in a criminal | ||||||
3 | prosecution. | ||||||
4 | (m) Investigative reports. Upon completion of an | ||||||
5 | investigation, the Office of Inspector General shall issue an | ||||||
6 | investigative report identifying whether the allegations are | ||||||
7 | substantiated, unsubstantiated, or unfounded. Within 10 | ||||||
8 | business days after the transmittal of a completed | ||||||
9 | investigative report substantiating an allegation, or if a | ||||||
10 | recommendation is made, the Inspector General shall provide the | ||||||
11 | investigative report on the case to the Secretary and to the | ||||||
12 | director of the facility or agency where any one or more of the | ||||||
13 | following occurred: mental abuse, physical abuse, sexual | ||||||
14 | abuse, neglect, egregious neglect, or financial exploitation. | ||||||
15 | In a substantiated case, the investigative report shall include | ||||||
16 | any mitigating or aggravating circumstances that were | ||||||
17 | identified during the investigation. If the case involves | ||||||
18 | substantiated neglect, the investigative report shall also | ||||||
19 | state whether egregious neglect was found. An investigative | ||||||
20 | report may also set forth recommendations. All investigative | ||||||
21 | reports prepared by the Office of the Inspector General shall | ||||||
22 | be considered confidential and shall not be released except as | ||||||
23 | provided by the law of this State or as required under | ||||||
24 | applicable federal law. Unsubstantiated and unfounded reports | ||||||
25 | shall not be disclosed except as allowed under Section 6 of the | ||||||
26 | Abused and Neglected Long Term Care Facility Residents |
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1 | Reporting Act. Raw data used to compile the investigative | ||||||
2 | report shall not be subject to release unless required by law | ||||||
3 | or a court order. "Raw data used to compile the investigative | ||||||
4 | report" includes, but is not limited to, any one or more of the | ||||||
5 | following: the initial complaint, witness statements, | ||||||
6 | photographs, investigator's notes, police reports, or incident | ||||||
7 | reports. If the allegations are substantiated, the accused | ||||||
8 | shall be provided with a redacted copy of the investigative | ||||||
9 | report. Death reports where there was no allegation of abuse or | ||||||
10 | neglect shall only be released pursuant to applicable State or | ||||||
11 | federal law or a valid court order. | ||||||
12 | (n) Written responses and reconsideration requests. | ||||||
13 | (1) Written responses. Within 30 calendar days from | ||||||
14 | receipt of a substantiated investigative report or an | ||||||
15 | investigative report which contains recommendations, | ||||||
16 | absent a reconsideration request, the facility or agency | ||||||
17 | shall file a written response that addresses, in a concise | ||||||
18 | and reasoned manner, the actions taken to: (i) protect the | ||||||
19 | individual; (ii) prevent recurrences; and (iii) eliminate | ||||||
20 | the problems identified. The response shall include the | ||||||
21 | implementation and completion dates of such actions. If the | ||||||
22 | written response is not filed within the allotted 30 | ||||||
23 | calendar day period, the Secretary shall determine the | ||||||
24 | appropriate corrective action to be taken. | ||||||
25 | (2) Reconsideration requests. The facility, agency, | ||||||
26 | victim or guardian, or the subject employee may request |
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1 | that the Office of Inspector General reconsider or clarify | ||||||
2 | its finding based upon additional information. | ||||||
3 | (o) Disclosure of the finding by the Inspector General. The | ||||||
4 | Inspector General shall disclose the finding of an | ||||||
5 | investigation to the following persons: (i) the Governor, (ii) | ||||||
6 | the Secretary, (iii) the director of the facility or agency, | ||||||
7 | (iv) the alleged victims and their guardians, (v) the | ||||||
8 | complainant, and (vi) the accused. This information shall | ||||||
9 | include whether the allegations were deemed substantiated, | ||||||
10 | unsubstantiated, or unfounded. | ||||||
11 | (p) Secretary review. Upon review of the Inspector | ||||||
12 | General's investigative report and any agency's or facility's | ||||||
13 | written response, the Secretary shall accept or reject the | ||||||
14 | written response and notify the Inspector General of that | ||||||
15 | determination. The Secretary may further direct that other | ||||||
16 | administrative action be taken, including, but not limited to, | ||||||
17 | any one or more of the following: (i) additional site visits, | ||||||
18 | (ii) training, (iii) provision of technical assistance | ||||||
19 | relative to administrative needs, licensure or certification, | ||||||
20 | or (iv) the imposition of appropriate sanctions. | ||||||
21 | (q) Action by facility or agency. Within 30 days of the | ||||||
22 | date the Secretary approves the written response or directs | ||||||
23 | that further administrative action be taken, the facility or | ||||||
24 | agency shall provide an implementation report to the Inspector | ||||||
25 | General that provides the status of the action taken. The | ||||||
26 | facility or agency shall be allowed an additional 30 days to |
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1 | send notice of completion of the action or to send an updated | ||||||
2 | implementation report. If the action has not been completed | ||||||
3 | within the additional 30 day period, the facility or agency | ||||||
4 | shall send updated implementation reports every 60 days until | ||||||
5 | completion. The Inspector General shall conduct a review of any | ||||||
6 | implementation plan that takes more than 120 days after | ||||||
7 | approval to complete, and shall monitor compliance through a | ||||||
8 | random review of approved written responses, which may include, | ||||||
9 | but are not limited to: (i) site visits, (ii) telephone | ||||||
10 | contact, and (iii) requests for additional documentation | ||||||
11 | evidencing compliance. | ||||||
12 | (r) Sanctions. Sanctions, if imposed by the Secretary under | ||||||
13 | Subdivision (p)(iv) of this Section, shall be designed to | ||||||
14 | prevent further acts of mental abuse, physical abuse, sexual | ||||||
15 | abuse, neglect, egregious neglect, or financial exploitation | ||||||
16 | or some combination of one or more of those acts at a facility | ||||||
17 | or agency, and may include any one or more of the following: | ||||||
18 | (1) Appointment of on-site monitors. | ||||||
19 | (2) Transfer or relocation of an individual or | ||||||
20 | individuals. | ||||||
21 | (3) Closure of units. | ||||||
22 | (4) Termination of any one or more of the following: | ||||||
23 | (i) Department licensing, (ii) funding, or (iii) | ||||||
24 | certification. | ||||||
25 | The Inspector General may seek the assistance of the | ||||||
26 | Illinois Attorney General or the office of any State's Attorney |
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1 | in implementing sanctions. | ||||||
2 | (s) Health care worker registry. | ||||||
3 | (1) Reporting to the registry. The Inspector General | ||||||
4 | shall report to the Department of Public Health's health | ||||||
5 | care worker registry, a public registry, the identity and | ||||||
6 | finding of each employee of a facility or agency against | ||||||
7 | whom there is a final investigative report containing a | ||||||
8 | substantiated allegation of physical or sexual abuse or | ||||||
9 | egregious neglect of an individual. | ||||||
10 | (2) Notice to employee. Prior to reporting the name of | ||||||
11 | an employee, the employee shall be notified of the | ||||||
12 | Department's obligation to report and shall be granted an | ||||||
13 | opportunity to request an administrative hearing, the sole | ||||||
14 | purpose of which is to determine if the substantiated | ||||||
15 | finding warrants reporting to the registry. Notice to the | ||||||
16 | employee shall contain a clear and concise statement of the | ||||||
17 | grounds on which the report to the registry is based, offer | ||||||
18 | the employee an opportunity for a hearing, and identify the | ||||||
19 | process for requesting such a hearing. Notice is sufficient | ||||||
20 | if provided by certified mail to the employee's last known | ||||||
21 | address. If the employee fails to request a hearing within | ||||||
22 | 30 days from the date of the notice, the Inspector General | ||||||
23 | shall report the name of the employee to the registry. | ||||||
24 | Nothing in this subdivision (s)(2) shall diminish or impair | ||||||
25 | the rights of a person who is a member of a collective | ||||||
26 | bargaining unit under the Illinois Public Labor Relations |
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1 | Act or under any other federal labor statute. | ||||||
2 | (3) Registry hearings. If the employee requests an | ||||||
3 | administrative hearing, the employee shall be granted an | ||||||
4 | opportunity to appear before an administrative law judge to | ||||||
5 | present reasons why the employee's name should not be | ||||||
6 | reported to the registry. The Department shall bear the | ||||||
7 | burden of presenting evidence that establishes, by a | ||||||
8 | preponderance of the evidence, that the substantiated | ||||||
9 | finding warrants reporting to the registry. After | ||||||
10 | considering all the evidence presented, the administrative | ||||||
11 | law judge shall make a recommendation to the Secretary as | ||||||
12 | to whether the substantiated finding warrants reporting | ||||||
13 | the name of the employee to the registry. The Secretary | ||||||
14 | shall render the final decision. The Department and the | ||||||
15 | employee shall have the right to request that the | ||||||
16 | administrative law judge consider a stipulated disposition | ||||||
17 | of these proceedings. | ||||||
18 | (4) Testimony at registry hearings. A person who makes | ||||||
19 | a report or who investigates a report under this Act shall | ||||||
20 | testify fully in any judicial proceeding resulting from | ||||||
21 | such a report, as to any evidence of abuse or neglect, or | ||||||
22 | the cause thereof. No evidence shall be excluded by reason | ||||||
23 | of any common law or statutory privilege relating to | ||||||
24 | communications between the alleged perpetrator of abuse or | ||||||
25 | neglect, or the individual alleged as the victim in the | ||||||
26 | report, and the person making or investigating the report. |
| |||||||
| |||||||
1 | Testimony at hearings is exempt from the confidentiality | ||||||
2 | requirements of subsection (f) of Section 10 of the Mental | ||||||
3 | Health and Developmental Disabilities Confidentiality Act. | ||||||
4 | (5) Employee's rights to collateral action. No | ||||||
5 | reporting to the registry shall occur and no hearing shall | ||||||
6 | be set or proceed if an employee notifies the Inspector | ||||||
7 | General in writing, including any supporting | ||||||
8 | documentation, that he or she is formally contesting an | ||||||
9 | adverse employment action resulting from a substantiated | ||||||
10 | finding by complaint filed with the Illinois Civil Service | ||||||
11 | Commission, or which otherwise seeks to enforce the | ||||||
12 | employee's rights pursuant to any applicable collective | ||||||
13 | bargaining agreement. If an action taken by an employer | ||||||
14 | against an employee as a result of a finding of physical | ||||||
15 | abuse, sexual abuse, or egregious neglect is overturned | ||||||
16 | through an action filed with the Illinois Civil Service | ||||||
17 | Commission or under any applicable collective bargaining | ||||||
18 | agreement and if that employee's name has already been sent | ||||||
19 | to the registry, the employee's name shall be removed from | ||||||
20 | the registry. | ||||||
21 | (6) Removal from registry. At any time after the report | ||||||
22 | to the registry, but no more than once in any 12-month | ||||||
23 | period, an employee may petition the Department in writing | ||||||
24 | to remove his or her name from the registry. Upon receiving | ||||||
25 | notice of such request, the Inspector General shall conduct | ||||||
26 | an investigation into the petition. Upon receipt of such |
| |||||||
| |||||||
1 | request, an administrative hearing will be set by the | ||||||
2 | Department. At the hearing, the employee shall bear the | ||||||
3 | burden of presenting evidence that establishes, by a | ||||||
4 | preponderance of the evidence, that removal of the name | ||||||
5 | from the registry is in the public interest. The parties | ||||||
6 | may jointly request that the administrative law judge | ||||||
7 | consider a stipulated disposition of these proceedings. | ||||||
8 | (t) Review of Administrative Decisions. The Department | ||||||
9 | shall preserve a record of all proceedings at any formal | ||||||
10 | hearing conducted by the Department involving health care | ||||||
11 | worker registry hearings. Final administrative decisions of | ||||||
12 | the Department are subject to judicial review pursuant to | ||||||
13 | provisions of the Administrative Review Law. | ||||||
14 | (u) Quality Care Board. There is created, within the Office | ||||||
15 | of the Inspector General, a Quality Care Board to be composed | ||||||
16 | of 7 members appointed by the Governor with the advice and | ||||||
17 | consent of the Senate. One of the members shall be designated | ||||||
18 | as chairman by the Governor. Of the initial appointments made | ||||||
19 | by the Governor, 4 Board members shall each be appointed for a | ||||||
20 | term of 4 years and 3 members shall each be appointed for a | ||||||
21 | term of 2 years. Upon the expiration of each member's term, a | ||||||
22 | successor shall be appointed for a term of 4 years. In the case | ||||||
23 | of a vacancy in the office of any member, the Governor shall | ||||||
24 | appoint a successor for the remainder of the unexpired term. | ||||||
25 | Members appointed by the Governor shall be qualified by | ||||||
26 | professional knowledge or experience in the area of law, |
| |||||||
| |||||||
1 | investigatory techniques, or in the area of care of the | ||||||
2 | mentally ill or developmentally disabled. Two members | ||||||
3 | appointed by the Governor shall be persons with a disability or | ||||||
4 | a parent of a person with a disability. Members shall serve | ||||||
5 | without compensation, but shall be reimbursed for expenses | ||||||
6 | incurred in connection with the performance of their duties as | ||||||
7 | members. | ||||||
8 | The Board shall meet quarterly, and may hold other meetings | ||||||
9 | on the call of the chairman. Four members shall constitute a | ||||||
10 | quorum allowing the Board to conduct its business. The Board | ||||||
11 | may adopt rules and regulations it deems necessary to govern | ||||||
12 | its own procedures. | ||||||
13 | The Board shall monitor and oversee the operations, | ||||||
14 | policies, and procedures of the Inspector General to ensure the | ||||||
15 | prompt and thorough investigation of allegations of neglect and | ||||||
16 | abuse. In fulfilling these responsibilities, the Board may do | ||||||
17 | the following: | ||||||
18 | (1) Provide independent, expert consultation to the | ||||||
19 | Inspector General on policies and protocols for | ||||||
20 | investigations of alleged abuse, neglect, or both abuse and | ||||||
21 | neglect. | ||||||
22 | (2) Review existing regulations relating to the | ||||||
23 | operation of facilities. | ||||||
24 | (3) Advise the Inspector General as to the content of | ||||||
25 | training activities authorized under this Section. | ||||||
26 | (4) Recommend policies concerning methods for |
| |||||||
| |||||||
1 | improving the intergovernmental relationships between the | ||||||
2 | Office of the Inspector General and other State or federal | ||||||
3 | offices. | ||||||
4 | (v) Annual report. The Inspector General shall provide to | ||||||
5 | the General Assembly and the Governor, no later than January 1 | ||||||
6 | 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. The report shall detail the imposition | ||||||
10 | of sanctions, if any, and the final disposition of any | ||||||
11 | corrective or administrative action directed by the Secretary. | ||||||
12 | The summaries shall not contain any confidential or identifying | ||||||
13 | information of any individual, but shall include objective data | ||||||
14 | identifying any trends in the number of reported allegations, | ||||||
15 | the timeliness of the Office of the Inspector General's | ||||||
16 | investigations, and their disposition, for each facility and | ||||||
17 | Department-wide, for the most recent 3-year time period. The | ||||||
18 | report shall also identify, by facility, the staff-to-patient | ||||||
19 | ratios taking account of direct care staff only. The report | ||||||
20 | shall also include detailed recommended administrative actions | ||||||
21 | and matters for consideration by the General Assembly. | ||||||
22 | (w) Program audit. The Auditor General shall conduct a | ||||||
23 | program audit of the Office of the Inspector General on an | ||||||
24 | as-needed basis, as determined by the Auditor General. The | ||||||
25 | audit shall specifically include the Inspector General's | ||||||
26 | compliance with the Act and effectiveness in investigating |
| |||||||
| |||||||
1 | reports of allegations occurring in any facility or agency. The | ||||||
2 | Auditor General shall conduct the program audit according to | ||||||
3 | the provisions of the Illinois State Auditing Act and shall | ||||||
4 | report its findings to the General Assembly no later than | ||||||
5 | January 1 following the audit period.
| ||||||
6 | (x) Nothing in this Section shall be construed to mean that | ||||||
7 | a patient is a victim of abuse or neglect because of health | ||||||
8 | care services appropriately provided or not provided by health | ||||||
9 | care professionals. | ||||||
10 | (y) Nothing in this Section shall require a facility, | ||||||
11 | including its employees, agents, medical staff members, and | ||||||
12 | health care professionals, to provide a service to a patient in | ||||||
13 | contravention of that patient's stated or implied objection to | ||||||
14 | the provision of that service on the ground that that service | ||||||
15 | conflicts with the patient's religious beliefs or practices, | ||||||
16 | nor shall the failure to provide a service to a patient be | ||||||
17 | considered abuse under this Section if the patient has objected | ||||||
18 | to the provision of that service based on his or her religious | ||||||
19 | beliefs or practices.
| ||||||
20 | (Source: P.A. 95-545, eff. 8-28-07; 96-407, eff. 8-13-09; | ||||||
21 | 96-555, eff. 8-18-09; revised 9-25-09.)
| ||||||
22 | (Text of Section after amendment by P.A. 96-339 ) | ||||||
23 | Sec. 1-17. Inspector General. | ||||||
24 | (a) Nature and purpose. It is the express intent of the | ||||||
25 | General Assembly to ensure the health, safety, and financial |
| |||||||
| |||||||
1 | condition of individuals receiving services in this State due | ||||||
2 | to mental illness, developmental disability, or both by | ||||||
3 | protecting those persons from acts of abuse, neglect, or both | ||||||
4 | by service providers. To that end, the Office of the Inspector | ||||||
5 | General for the Department of Human Services is created to | ||||||
6 | investigate and report upon allegations of the abuse, neglect, | ||||||
7 | or financial exploitation of individuals receiving services | ||||||
8 | within mental health facilities, developmental disabilities | ||||||
9 | facilities, and community agencies operated, licensed, funded , | ||||||
10 | or certified by the Department of Human Services or , but not | ||||||
11 | licensed or certified by any other State agency. It is also the | ||||||
12 | express intent of the General Assembly to authorize the | ||||||
13 | Inspector General to investigate alleged or suspected cases of | ||||||
14 | abuse, neglect, or financial exploitation of adults with | ||||||
15 | disabilities living in domestic settings in the community under | ||||||
16 | the Abuse of Adults with Disabilities Intervention Act. | ||||||
17 | (b) Definitions. The following definitions apply to this | ||||||
18 | Section: | ||||||
19 | "Agency" or "community agency" means (i) a community agency | ||||||
20 | licensed, funded, or certified by the Department or , but not | ||||||
21 | licensed or certified by any other human services agency of the | ||||||
22 | State, to provide mental health service or developmental | ||||||
23 | disabilities service, or (ii) a program licensed, funded, or | ||||||
24 | certified by the Department or , but not licensed or certified | ||||||
25 | by any other human services agency of the State, to provide | ||||||
26 | mental health service or developmental disabilities service. |
| |||||||
| |||||||
1 | "Aggravating circumstance" means a factor that is | ||||||
2 | attendant to a finding and that tends to compound or increase | ||||||
3 | the culpability of the accused. | ||||||
4 | "Allegation" means an assertion, complaint, suspicion, or | ||||||
5 | incident involving any of the following conduct by an employee, | ||||||
6 | facility, or agency against an individual or individuals: | ||||||
7 | mental abuse, physical abuse, sexual abuse, neglect, or | ||||||
8 | financial exploitation. | ||||||
9 | "Day" means working day, unless otherwise specified. | ||||||
10 | "Deflection" means a situation in which an individual is | ||||||
11 | presented for admission to a facility or agency, and the | ||||||
12 | facility staff or agency staff do not admit the individual. | ||||||
13 | "Deflection" includes triage, redirection, and denial of | ||||||
14 | admission. | ||||||
15 | "Department" means the Department of Human Services. | ||||||
16 | "Developmentally disabled" means having a developmental | ||||||
17 | disability. | ||||||
18 | "Developmental disability" means "developmental | ||||||
19 | disability" as defined in the Mental Health and Developmental | ||||||
20 | Disabilities Code. | ||||||
21 | "Egregious neglect" means a finding of neglect as | ||||||
22 | determined by the Inspector General that (i) represents a gross | ||||||
23 | failure to adequately provide for, or a callused indifference | ||||||
24 | to, the health, safety, or medical needs of an individual and | ||||||
25 | (ii) results in an individual's death or other serious | ||||||
26 | deterioration of an individual's physical condition or mental |
| |||||||
| |||||||
1 | condition. | ||||||
2 | "Employee" means any person who provides services at the | ||||||
3 | facility or agency on-site or off-site. The service | ||||||
4 | relationship can be with the individual or with the facility or | ||||||
5 | agency. Also, "employee" includes any employee or contractual | ||||||
6 | agent of the Department of Human Services or the community | ||||||
7 | agency involved in providing or monitoring or administering | ||||||
8 | mental health or developmental disability services. This | ||||||
9 | includes but is not limited to: owners, operators, payroll | ||||||
10 | personnel, contractors, subcontractors, and volunteers. | ||||||
11 | "Facility" or "State-operated facility" means a mental | ||||||
12 | health facility or developmental disabilities facility | ||||||
13 | operated by the Department or certified or licensed by any | ||||||
14 | other State agency . | ||||||
15 | "Financial exploitation" means taking unjust advantage of | ||||||
16 | an individual's assets, property, or financial resources | ||||||
17 | through deception, intimidation, or conversion for the | ||||||
18 | employee's, facility's, or agency's own advantage or benefit. | ||||||
19 | "Finding" means the Office of Inspector General's | ||||||
20 | determination regarding whether an allegation is | ||||||
21 | substantiated, unsubstantiated, or unfounded. | ||||||
22 | "Health care worker registry" or "registry" means the | ||||||
23 | health care worker registry created by the Nursing Home Care | ||||||
24 | Act. | ||||||
25 | "Individual" means any person receiving mental health | ||||||
26 | service, developmental disabilities service, or both from a |
| |||||||
| |||||||
1 | facility or agency, while either on-site or off-site. | ||||||
2 | "Mental abuse" means the use of demeaning, intimidating, or | ||||||
3 | threatening words, signs, gestures, or other actions by an | ||||||
4 | employee about an individual and in the presence of an | ||||||
5 | individual or individuals that results in emotional distress or | ||||||
6 | maladaptive behavior, or could have resulted in emotional | ||||||
7 | distress or maladaptive behavior, for any individual present. | ||||||
8 | "Mental illness" means "mental illness" as defined in the | ||||||
9 | Mental Health and Developmental Disabilities Code. | ||||||
10 | "Mentally ill" means having a mental illness. | ||||||
11 | "Mitigating circumstance" means a condition that (i) is | ||||||
12 | attendant to a finding, (ii) does not excuse or justify the | ||||||
13 | conduct in question, but (iii) may be considered in evaluating | ||||||
14 | the severity of the conduct, the culpability of the accused, or | ||||||
15 | both the severity of the conduct and the culpability of the | ||||||
16 | accused. | ||||||
17 | "Neglect" means an employee's, agency's, or facility's | ||||||
18 | failure to provide adequate medical care, personal care, or | ||||||
19 | maintenance and that, as a consequence, (i) causes an | ||||||
20 | individual pain, injury, or emotional distress, (ii) results in | ||||||
21 | either an individual's maladaptive behavior or the | ||||||
22 | deterioration of an individual's physical condition or mental | ||||||
23 | condition, or (iii) places the individual's health or safety at | ||||||
24 | substantial risk. | ||||||
25 | "Physical abuse" means an employee's non-accidental and | ||||||
26 | inappropriate contact with an individual that causes bodily |
| |||||||
| |||||||
1 | harm. "Physical abuse" includes actions that cause bodily harm | ||||||
2 | as a result of an employee directing an individual or person to | ||||||
3 | physically abuse another individual. | ||||||
4 | "Recommendation" means an admonition, separate from a | ||||||
5 | finding, that requires action by the facility, agency, or | ||||||
6 | Department to correct a systemic issue, problem, or deficiency | ||||||
7 | identified during an investigation. | ||||||
8 | "Required reporter" means any employee who suspects, | ||||||
9 | witnesses, or is informed of an allegation of any one or more | ||||||
10 | of the following: mental abuse, physical abuse, sexual abuse, | ||||||
11 | neglect, or financial exploitation. | ||||||
12 | "Secretary" means the Chief Administrative Officer of the | ||||||
13 | Department. | ||||||
14 | "Sexual abuse" means any sexual contact or intimate | ||||||
15 | physical contact between an employee and an individual, | ||||||
16 | including an employee's coercion or encouragement of an | ||||||
17 | individual to engage in sexual behavior that results in sexual | ||||||
18 | contact, intimate physical contact, sexual behavior, or | ||||||
19 | intimate physical behavior. | ||||||
20 | "Substantiated" means there is a preponderance of the | ||||||
21 | evidence to support the allegation. | ||||||
22 | "Unfounded" means there is no credible evidence to support | ||||||
23 | the allegation. | ||||||
24 | "Unsubstantiated" means there is credible evidence, but | ||||||
25 | less than a preponderance of evidence to support the | ||||||
26 | allegation. |
| |||||||
| |||||||
1 | (c) Appointment. The Governor shall appoint, and the Senate | ||||||
2 | shall confirm, an Inspector General. The Inspector General | ||||||
3 | shall be appointed for a term of 4 years and shall function | ||||||
4 | within the Department of Human Services and report to the | ||||||
5 | Secretary and the Governor. | ||||||
6 | (d) Operation and appropriation. The Inspector General | ||||||
7 | shall function independently within the Department with | ||||||
8 | respect to the operations of the Office, including the | ||||||
9 | performance of investigations and issuance of findings and | ||||||
10 | recommendations. The appropriation for the Office of Inspector | ||||||
11 | General shall be separate from the overall appropriation for | ||||||
12 | the Department. | ||||||
13 | (e) Powers and duties. The Inspector General shall | ||||||
14 | investigate reports of suspected mental abuse, physical abuse, | ||||||
15 | sexual abuse, neglect, or financial exploitation of | ||||||
16 | individuals in any mental health or developmental disabilities | ||||||
17 | facility or agency and shall have authority to take immediate | ||||||
18 | action to prevent any one or more of the following from | ||||||
19 | happening to individuals under its jurisdiction: mental abuse, | ||||||
20 | physical abuse, sexual abuse, neglect, or financial | ||||||
21 | exploitation. Investigations shall be commenced no later than | ||||||
22 | 24 hours after the report is received by the Inspector General. | ||||||
23 | Upon written request of an agency of this State, the Inspector | ||||||
24 | General may assist another agency of the State in investigating | ||||||
25 | reports of the abuse, neglect, or abuse and neglect of persons | ||||||
26 | with mental illness, persons with developmental disabilities, |
| |||||||
| |||||||
1 | or persons with both. To comply with the requirements of | ||||||
2 | subsection (k) of this Section, the Inspector General shall | ||||||
3 | also review all reportable deaths for which there is no | ||||||
4 | allegation of abuse or neglect. Nothing in this Section shall | ||||||
5 | preempt any duties of the Medical Review Board set forth in the | ||||||
6 | Mental Health and Developmental Disabilities Code. The | ||||||
7 | Inspector General shall have no authority to investigate | ||||||
8 | alleged violations of the State Officials and Employees Ethics | ||||||
9 | Act. Allegations of misconduct under the State Officials and | ||||||
10 | Employees Ethics Act shall be referred to the Office of the | ||||||
11 | Governor's Executive Inspector General for investigation. | ||||||
12 | (f) Limitations. The Inspector General shall not conduct an | ||||||
13 | investigation within an agency or facility if that | ||||||
14 | investigation would be redundant to or interfere with an | ||||||
15 | investigation conducted by another State agency. The Inspector | ||||||
16 | General shall have no supervision over, or involvement in, the | ||||||
17 | routine programmatic, licensing, funding, or certification | ||||||
18 | operations of the Department. Nothing in this subsection limits | ||||||
19 | investigations by the Department that may otherwise be required | ||||||
20 | by law or that may be necessary in the Department's capacity as | ||||||
21 | central administrative authority responsible for the operation | ||||||
22 | of the State's mental health and developmental disabilities | ||||||
23 | facilities. | ||||||
24 | (g) Rulemaking authority. The Inspector General shall | ||||||
25 | promulgate rules establishing minimum requirements for | ||||||
26 | reporting allegations as well as for initiating, conducting, |
| |||||||
| |||||||
1 | and completing investigations based upon the nature of the | ||||||
2 | allegation or allegations. The rules shall clearly establish | ||||||
3 | that if 2 or more State agencies could investigate an | ||||||
4 | allegation, the Inspector General shall not conduct an | ||||||
5 | investigation that would be redundant to, or interfere with, an | ||||||
6 | investigation conducted by another State agency . The rules | ||||||
7 | shall further clarify the method and circumstances under which | ||||||
8 | the Office of Inspector General may interact with the | ||||||
9 | licensing, funding, or certification units of the Department in | ||||||
10 | preventing further occurrences of mental abuse, physical | ||||||
11 | abuse, sexual abuse, neglect, egregious neglect, and financial | ||||||
12 | exploitation. | ||||||
13 | (h) Training programs. The Inspector General shall (i) | ||||||
14 | establish a comprehensive program to ensure that every person | ||||||
15 | authorized to conduct investigations receives ongoing training | ||||||
16 | relative to investigation techniques, communication skills, | ||||||
17 | and the appropriate means of interacting with persons receiving | ||||||
18 | treatment for mental illness, developmental disability, or | ||||||
19 | both mental illness and developmental disability, and (ii) | ||||||
20 | establish and conduct periodic training programs for facility | ||||||
21 | and agency employees concerning the prevention and reporting of | ||||||
22 | any one or more of the following: mental abuse, physical abuse, | ||||||
23 | sexual abuse, neglect, egregious neglect, or financial | ||||||
24 | exploitation. Nothing in this Section shall be deemed to | ||||||
25 | prevent the Office of Inspector General from conducting any | ||||||
26 | other training as determined by the Inspector General to be |
| |||||||
| |||||||
1 | necessary or helpful. | ||||||
2 | (i) Duty to cooperate. | ||||||
3 | (1) The Inspector General shall at all times be granted | ||||||
4 | access to any facility or agency for the purpose of | ||||||
5 | investigating any allegation, conducting unannounced site | ||||||
6 | visits, monitoring compliance with a written response, or | ||||||
7 | completing any other statutorily assigned duty. The | ||||||
8 | Inspector General shall conduct unannounced site visits to | ||||||
9 | each facility at least annually for the purpose of | ||||||
10 | reviewing and making recommendations on systemic issues | ||||||
11 | relative to preventing, reporting, investigating, and | ||||||
12 | responding to all of the following: mental abuse, physical | ||||||
13 | abuse, sexual abuse, neglect, egregious neglect, or | ||||||
14 | financial exploitation. | ||||||
15 | (2) Any employee who fails to cooperate with an Office | ||||||
16 | of the Inspector General investigation is in violation of | ||||||
17 | this Act. Failure to cooperate with an investigation | ||||||
18 | includes, but is not limited to, any one or more of the | ||||||
19 | following: (i) creating and transmitting a false report to | ||||||
20 | the Office of the Inspector General hotline, (ii) providing | ||||||
21 | false information to an Office of the Inspector General | ||||||
22 | Investigator during an investigation, (iii) colluding with | ||||||
23 | other employees to cover up evidence, (iv) colluding with | ||||||
24 | other employees to provide false information to an Office | ||||||
25 | of the Inspector General investigator, (v) destroying | ||||||
26 | evidence, (vi) withholding evidence, or (vii) otherwise |
| |||||||
| |||||||
1 | obstructing an Office of the Inspector General | ||||||
2 | investigation. Additionally, any employee who, during an | ||||||
3 | unannounced site visit or written response compliance | ||||||
4 | check, fails to cooperate with requests from the Office of | ||||||
5 | the Inspector General is in violation of this Act. | ||||||
6 | (j) Subpoena powers. The Inspector General shall have the | ||||||
7 | power to subpoena witnesses and compel the production of all | ||||||
8 | documents and physical evidence relating to his or her | ||||||
9 | investigations and any hearings authorized by this Act. This | ||||||
10 | subpoena power shall not extend to persons or documents of a | ||||||
11 | labor organization or its representatives insofar as the | ||||||
12 | persons are acting in a representative capacity to an employee | ||||||
13 | whose conduct is the subject of an investigation or the | ||||||
14 | documents relate to that representation. Any person who | ||||||
15 | otherwise fails to respond to a subpoena or who knowingly | ||||||
16 | provides false information to the Office of the Inspector | ||||||
17 | General by subpoena during an investigation is guilty of a | ||||||
18 | Class A misdemeanor. | ||||||
19 | (k) Reporting allegations and deaths. | ||||||
20 | (1) Allegations. If an employee witnesses, is told of, | ||||||
21 | or has reason to believe an incident of mental abuse, | ||||||
22 | physical abuse, sexual abuse, neglect, or financial | ||||||
23 | exploitation has occurred, the employee, agency, or | ||||||
24 | facility shall report the allegation by phone to the Office | ||||||
25 | of the Inspector General hotline according to the agency's | ||||||
26 | or facility's procedures, but in no event later than 4 |
| |||||||
| |||||||
1 | hours after the initial discovery of the incident, | ||||||
2 | allegation, or suspicion of any one or more of the | ||||||
3 | following: mental abuse, physical abuse, sexual abuse, | ||||||
4 | neglect, or financial exploitation. A required reporter as | ||||||
5 | defined in subsection (b) of this Section who knowingly or | ||||||
6 | intentionally fails to comply with these reporting | ||||||
7 | requirements is guilty of a Class A misdemeanor. | ||||||
8 | (2) Deaths. Absent an allegation, a required reporter | ||||||
9 | shall, within 24 hours after initial discovery, report by | ||||||
10 | phone to the Office of the Inspector General hotline each | ||||||
11 | of the following: | ||||||
12 | (i) Any death of an individual occurring within 14 | ||||||
13 | calendar days after discharge or transfer of the | ||||||
14 | individual from a residential program or facility. | ||||||
15 | (ii) Any death of an individual occurring within 24 | ||||||
16 | hours after deflection from a residential program or | ||||||
17 | facility. | ||||||
18 | (iii) Any other death of an individual occurring at | ||||||
19 | an agency or facility or at any Department-funded site. | ||||||
20 | (3) Retaliation. It is a violation of this Act for any | ||||||
21 | employee or administrator of an agency or facility to take | ||||||
22 | retaliatory action against an employee who acts in good | ||||||
23 | faith in conformance with his or her duties as a required | ||||||
24 | reporter. | ||||||
25 | (l) Reporting criminal acts. Within 24 hours after | ||||||
26 | determining that there is credible evidence indicating that a |
| |||||||
| |||||||
1 | criminal act may have been committed or that special expertise | ||||||
2 | may be required in an investigation, the Inspector General | ||||||
3 | shall notify the Department of State Police or other | ||||||
4 | appropriate law enforcement authority, or ensure that such | ||||||
5 | notification is made. The Department of State Police shall | ||||||
6 | investigate any report from a State-operated facility | ||||||
7 | indicating a possible murder, sexual assault, or other felony | ||||||
8 | by an employee. All investigations conducted by the Inspector | ||||||
9 | General shall be conducted in a manner designed to ensure the | ||||||
10 | preservation of evidence for possible use in a criminal | ||||||
11 | prosecution. | ||||||
12 | (m) Investigative reports. Upon completion of an | ||||||
13 | investigation, the Office of Inspector General shall issue an | ||||||
14 | investigative report identifying whether the allegations are | ||||||
15 | substantiated, unsubstantiated, or unfounded. Within 10 | ||||||
16 | business days after the transmittal of a completed | ||||||
17 | investigative report substantiating an allegation, or if a | ||||||
18 | recommendation is made, the Inspector General shall provide the | ||||||
19 | investigative report on the case to the Secretary and to the | ||||||
20 | director of the facility or agency where any one or more of the | ||||||
21 | following occurred: mental abuse, physical abuse, sexual | ||||||
22 | abuse, neglect, egregious neglect, or financial exploitation. | ||||||
23 | In a substantiated case, the investigative report shall include | ||||||
24 | any mitigating or aggravating circumstances that were | ||||||
25 | identified during the investigation. If the case involves | ||||||
26 | substantiated neglect, the investigative report shall also |
| |||||||
| |||||||
1 | state whether egregious neglect was found. An investigative | ||||||
2 | report may also set forth recommendations. All investigative | ||||||
3 | reports prepared by the Office of the Inspector General shall | ||||||
4 | be considered confidential and shall not be released except as | ||||||
5 | provided by the law of this State or as required under | ||||||
6 | applicable federal law. Unsubstantiated and unfounded reports | ||||||
7 | shall not be disclosed except as allowed under Section 6 of the | ||||||
8 | Abused and Neglected Long Term Care Facility Residents | ||||||
9 | Reporting Act. Raw data used to compile the investigative | ||||||
10 | report shall not be subject to release unless required by law | ||||||
11 | or a court order. "Raw data used to compile the investigative | ||||||
12 | report" includes, but is not limited to, any one or more of the | ||||||
13 | following: the initial complaint, witness statements, | ||||||
14 | photographs, investigator's notes, police reports, or incident | ||||||
15 | reports. If the allegations are substantiated, the accused | ||||||
16 | shall be provided with a redacted copy of the investigative | ||||||
17 | report. Death reports where there was no allegation of abuse or | ||||||
18 | neglect shall only be released pursuant to applicable State or | ||||||
19 | federal law or a valid court order. | ||||||
20 | (n) Written responses and reconsideration requests. | ||||||
21 | (1) Written responses. Within 30 calendar days from | ||||||
22 | receipt of a substantiated investigative report or an | ||||||
23 | investigative report which contains recommendations, | ||||||
24 | absent a reconsideration request, the facility or agency | ||||||
25 | shall file a written response that addresses, in a concise | ||||||
26 | and reasoned manner, the actions taken to: (i) protect the |
| |||||||
| |||||||
1 | individual; (ii) prevent recurrences; and (iii) eliminate | ||||||
2 | the problems identified. The response shall include the | ||||||
3 | implementation and completion dates of such actions. If the | ||||||
4 | written response is not filed within the allotted 30 | ||||||
5 | calendar day period, the Secretary shall determine the | ||||||
6 | appropriate corrective action to be taken. | ||||||
7 | (2) Reconsideration requests. The facility, agency, | ||||||
8 | victim or guardian, or the subject employee may request | ||||||
9 | that the Office of Inspector General reconsider or clarify | ||||||
10 | its finding based upon additional information. | ||||||
11 | (o) Disclosure of the finding by the Inspector General. The | ||||||
12 | Inspector General shall disclose the finding of an | ||||||
13 | investigation to the following persons and entities : (i) the | ||||||
14 | Governor, (ii) the Secretary, (iii) the director of the | ||||||
15 | facility or agency, (iv) the licensing entity of the facility, | ||||||
16 | if any, (v) the alleged victims and their guardians, (vi) the | ||||||
17 | complainant, and (vii) the accused (iv) the alleged victims and | ||||||
18 | their guardians, (v) the complainant, and (vi) the accused . | ||||||
19 | This information shall include whether the allegations were | ||||||
20 | deemed substantiated, unsubstantiated, or unfounded. | ||||||
21 | (p) Secretary review. Upon review of the Inspector | ||||||
22 | General's investigative report and any agency's or facility's | ||||||
23 | written response, the Secretary shall accept or reject the | ||||||
24 | written response and notify the Inspector General of that | ||||||
25 | determination. The Secretary may further direct that other | ||||||
26 | administrative action be taken, including, but not limited to, |
| |||||||
| |||||||
1 | any one or more of the following: (i) additional site visits, | ||||||
2 | (ii) training, (iii) provision of technical assistance | ||||||
3 | relative to administrative needs, licensure or certification, | ||||||
4 | or (iv) the imposition of appropriate sanctions. | ||||||
5 | (q) Action by facility or agency. Within 30 days of the | ||||||
6 | date the Secretary approves the written response or directs | ||||||
7 | that further administrative action be taken, the facility or | ||||||
8 | agency shall provide an implementation report to the Inspector | ||||||
9 | General and the licensing entity of the facility, if any, that | ||||||
10 | provides the status of the action taken. The facility or agency | ||||||
11 | shall be allowed an additional 30 days to send notice of | ||||||
12 | completion of the action or to send an updated implementation | ||||||
13 | report. If the action has not been completed within the | ||||||
14 | additional 30 day period, the facility or agency shall send | ||||||
15 | updated implementation reports every 60 days until completion. | ||||||
16 | 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 , or (iv) licensing enforcement by the | ||||||
10 | licensing entity of the facility, if any, up to and | ||||||
11 | including revocation of licensure or an administrative | ||||||
12 | order of closure, or both . | ||||||
13 | The Inspector General may seek the assistance of the | ||||||
14 | Illinois Attorney General or the office of any State's Attorney | ||||||
15 | in implementing sanctions. | ||||||
16 | (s) Health care worker registry. | ||||||
17 | (1) Reporting to the registry. The Inspector General | ||||||
18 | shall report to the Department of Public Health's health | ||||||
19 | care worker registry, a public registry, MR/DD Community | ||||||
20 | Care Act the identity and finding of each employee of a | ||||||
21 | facility or agency against whom there is a final | ||||||
22 | investigative report containing a substantiated allegation | ||||||
23 | of physical or sexual abuse or egregious neglect of an | ||||||
24 | individual. MR/DD Community Care Act | ||||||
25 | (2) Notice to employee. Prior to reporting the name of | ||||||
26 | an employee, the employee shall be notified of the |
| |||||||
| |||||||
1 | Department's obligation to report and shall be granted an | ||||||
2 | opportunity to request an administrative hearing, the sole | ||||||
3 | purpose of which is to determine if the substantiated | ||||||
4 | finding warrants reporting to the registry. Notice to the | ||||||
5 | employee shall contain a clear and concise statement of the | ||||||
6 | grounds on which the report to the registry is based, offer | ||||||
7 | the employee an opportunity for a hearing, and identify the | ||||||
8 | process for requesting such a hearing. Notice is sufficient | ||||||
9 | if provided by certified mail to the employee's last known | ||||||
10 | address. If the employee fails to request a hearing within | ||||||
11 | 30 days from the date of the notice, the Inspector General | ||||||
12 | shall report the name of the employee to the registry. | ||||||
13 | Nothing in this subdivision (s)(2) shall diminish or impair | ||||||
14 | the rights of a person who is a member of a collective | ||||||
15 | bargaining unit under the Illinois Public Labor Relations | ||||||
16 | Act or under any other federal labor statute. | ||||||
17 | (3) Registry hearings. If the employee requests an | ||||||
18 | administrative hearing, the employee shall be granted an | ||||||
19 | opportunity to appear before an administrative law judge to | ||||||
20 | present reasons why the employee's name should not be | ||||||
21 | reported to the registry. The Department shall bear the | ||||||
22 | burden of presenting evidence that establishes, by a | ||||||
23 | preponderance of the evidence, that the substantiated | ||||||
24 | finding warrants reporting to the registry. After | ||||||
25 | considering all the evidence presented, the administrative | ||||||
26 | law judge shall make a recommendation to the Secretary as |
| |||||||
| |||||||
1 | to whether the substantiated finding warrants reporting | ||||||
2 | the name of the employee to the registry. The Secretary | ||||||
3 | shall render the final decision. The Department and the | ||||||
4 | employee shall have the right to request that the | ||||||
5 | administrative law judge consider a stipulated disposition | ||||||
6 | of these proceedings. | ||||||
7 | (4) Testimony at registry hearings. A person who makes | ||||||
8 | a report or who investigates a report under this Act shall | ||||||
9 | testify fully in any judicial proceeding resulting from | ||||||
10 | such a report, as to any evidence of abuse or neglect, or | ||||||
11 | the cause thereof. No evidence shall be excluded by reason | ||||||
12 | of any common law or statutory privilege relating to | ||||||
13 | communications between the alleged perpetrator of abuse or | ||||||
14 | neglect, or the individual alleged as the victim in the | ||||||
15 | report, and the person making or investigating the report. | ||||||
16 | Testimony at hearings is exempt from the confidentiality | ||||||
17 | requirements of subsection (f) of Section 10 of the Mental | ||||||
18 | Health and Developmental Disabilities Confidentiality Act. | ||||||
19 | (5) Employee's rights to collateral action. No | ||||||
20 | reporting to the registry shall occur and no hearing shall | ||||||
21 | be set or proceed if an employee notifies the Inspector | ||||||
22 | General in writing, including any supporting | ||||||
23 | documentation, that he or she is formally contesting an | ||||||
24 | adverse employment action resulting from a substantiated | ||||||
25 | finding by complaint filed with the Illinois Civil Service | ||||||
26 | Commission, or which otherwise seeks to enforce the |
| |||||||
| |||||||
1 | employee's rights pursuant to any applicable collective | ||||||
2 | bargaining agreement. If an action taken by an employer | ||||||
3 | against an employee as a result of a finding of physical | ||||||
4 | abuse, sexual abuse, or egregious neglect is overturned | ||||||
5 | through an action filed with the Illinois Civil Service | ||||||
6 | Commission or under any applicable collective bargaining | ||||||
7 | agreement and if that employee's name has already been sent | ||||||
8 | to the registry, the employee's name shall be removed from | ||||||
9 | the registry. | ||||||
10 | (6) Removal from registry. At any time after the report | ||||||
11 | to the registry, but no more than once in any 12-month | ||||||
12 | period, an employee may petition the Department in writing | ||||||
13 | to remove his or her name from the registry. Upon receiving | ||||||
14 | notice of such request, the Inspector General shall conduct | ||||||
15 | an investigation into the petition. Upon receipt of such | ||||||
16 | request, an administrative hearing will be set by the | ||||||
17 | Department. At the hearing, the employee shall bear the | ||||||
18 | burden of presenting evidence that establishes, by a | ||||||
19 | preponderance of the evidence, that removal of the name | ||||||
20 | from the registry is in the public interest. The parties | ||||||
21 | may jointly request that the administrative law judge | ||||||
22 | consider a stipulated disposition of these proceedings. | ||||||
23 | (t) Review of Administrative Decisions. The Department | ||||||
24 | shall preserve a record of all proceedings at any formal | ||||||
25 | hearing conducted by the Department involving health care | ||||||
26 | worker registry hearings. Final administrative decisions of |
| |||||||
| |||||||
1 | the Department are subject to judicial review pursuant to | ||||||
2 | provisions of the Administrative Review Law. | ||||||
3 | (u) Quality Care Board. There is created, within the Office | ||||||
4 | of the Inspector General, a Quality Care Board to be composed | ||||||
5 | of 7 members appointed by the Governor with the advice and | ||||||
6 | consent of the Senate. One of the members shall be designated | ||||||
7 | as chairman by the Governor. Of the initial appointments made | ||||||
8 | by the Governor, 4 Board members shall each be appointed for a | ||||||
9 | term of 4 years and 3 members shall each be appointed for a | ||||||
10 | term of 2 years. Upon the expiration of each member's term, a | ||||||
11 | successor shall be appointed for a term of 4 years. In the case | ||||||
12 | of a vacancy in the office of any member, the Governor shall | ||||||
13 | appoint a successor for the remainder of the unexpired term. | ||||||
14 | Members appointed by the Governor shall be qualified by | ||||||
15 | professional knowledge or experience in the area of law, | ||||||
16 | investigatory techniques, or in the area of care of the | ||||||
17 | mentally ill or developmentally disabled. Two members | ||||||
18 | appointed by the Governor shall be persons with a disability or | ||||||
19 | a parent of a person with a disability. Members shall serve | ||||||
20 | without compensation, but shall be reimbursed for expenses | ||||||
21 | incurred in connection with the performance of their duties as | ||||||
22 | members. | ||||||
23 | The Board shall meet quarterly, and may hold other meetings | ||||||
24 | on the call of the chairman. Four members shall constitute a | ||||||
25 | quorum allowing the Board to conduct its business. The Board | ||||||
26 | may adopt rules and regulations it deems necessary to govern |
| |||||||
| |||||||
1 | its own procedures. | ||||||
2 | The Board shall monitor and oversee the operations, | ||||||
3 | policies, and procedures of the Inspector General to ensure the | ||||||
4 | prompt and thorough investigation of allegations of neglect and | ||||||
5 | abuse. In fulfilling these responsibilities, the Board may do | ||||||
6 | the following: | ||||||
7 | (1) Provide independent, expert consultation to the | ||||||
8 | Inspector General on policies and protocols for | ||||||
9 | investigations of alleged abuse, neglect, or both abuse and | ||||||
10 | neglect. | ||||||
11 | (2) Review existing regulations relating to the | ||||||
12 | operation of facilities. | ||||||
13 | (3) Advise the Inspector General as to the content of | ||||||
14 | training activities authorized under this Section. | ||||||
15 | (4) Recommend policies concerning methods for | ||||||
16 | improving the intergovernmental relationships between the | ||||||
17 | Office of the Inspector General and other State or federal | ||||||
18 | offices. | ||||||
19 | (v) Annual report. The Inspector General shall provide to | ||||||
20 | the General Assembly and the Governor, no later than January 1 | ||||||
21 | of each year, a summary of reports and investigations made | ||||||
22 | under this Act for the prior fiscal year with respect to | ||||||
23 | individuals receiving mental health or developmental | ||||||
24 | disabilities services. The report shall detail the imposition | ||||||
25 | of sanctions, if any, and the final disposition of any | ||||||
26 | corrective or administrative action directed by the Secretary. |
| |||||||
| |||||||
1 | The summaries shall not contain any confidential or identifying | ||||||
2 | information of any individual, but shall include objective data | ||||||
3 | identifying any trends in the number of reported allegations, | ||||||
4 | the timeliness of the Office of the Inspector General's | ||||||
5 | investigations, and their disposition, for each facility and | ||||||
6 | Department-wide, for the most recent 3-year time period. The | ||||||
7 | report shall also identify, by facility, the staff-to-patient | ||||||
8 | ratios taking account of direct care staff only. The report | ||||||
9 | shall also include detailed recommended administrative actions | ||||||
10 | and matters for consideration by the General Assembly. | ||||||
11 | (w) Program audit. The Auditor General shall conduct a | ||||||
12 | program audit of the Office of the Inspector General on an | ||||||
13 | as-needed basis, as determined by the Auditor General. The | ||||||
14 | audit shall specifically include the Inspector General's | ||||||
15 | compliance with the Act and effectiveness in investigating | ||||||
16 | reports of allegations occurring in any facility or agency. The | ||||||
17 | Auditor General shall conduct the program audit according to | ||||||
18 | the provisions of the Illinois State Auditing Act and shall | ||||||
19 | report its findings to the General Assembly no later than | ||||||
20 | January 1 following the audit period.
| ||||||
21 | (x) Nothing in this Section shall be construed to mean that | ||||||
22 | a patient is a victim of abuse or neglect because of health | ||||||
23 | care services appropriately provided or not provided by health | ||||||
24 | care professionals. | ||||||
25 | (y) Nothing in this Section shall require a facility, | ||||||
26 | including its employees, agents, medical staff members, and |
| |||||||
| |||||||
1 | health care professionals, to provide a service to a patient in | ||||||
2 | contravention of that patient's stated or implied objection to | ||||||
3 | the provision of that service on the ground that that service | ||||||
4 | conflicts with the patient's religious beliefs or practices, | ||||||
5 | nor shall the failure to provide a service to a patient be | ||||||
6 | considered abuse under this Section if the patient has objected | ||||||
7 | to the provision of that service based on his or her religious | ||||||
8 | beliefs or practices.
| ||||||
9 | (Source: P.A. 95-545, eff. 8-28-07; 96-339, eff. 7-1-10; | ||||||
10 | 96-407, eff. 8-13-09; 96-555, eff. 8-18-09; revised 9-25-09.)
| ||||||
11 | Section 10. The Abuse of Adults with Disabilities | ||||||
12 | Intervention Act is amended by changing Section 35 as follows: | ||||||
13 | (20 ILCS 2435/35) (from Ch. 23, par. 3395-35) | ||||||
14 | Sec. 35. Assessment of reports. | ||||||
15 | (a) The Adults with Disabilities Abuse Project
shall, upon | ||||||
16 | receiving a report of
alleged
or suspected abuse, neglect, or | ||||||
17 | exploitation obtain
the consent of the subject of the report to | ||||||
18 | conduct an assessment with
respect to the report. The | ||||||
19 | assessment shall include, but not be limited
to, a face-to-face | ||||||
20 | interview with the adult with disabilities who is the
subject | ||||||
21 | of the report and may include a visit to the residence of the
| ||||||
22 | adult with disabilities, and interviews or consultations with | ||||||
23 | service
agencies or individuals
who may have knowledge of the | ||||||
24 | circumstances of
the adult with disabilities.
A determination |
| |||||||
| |||||||
1 | shall be
made whether each report is substantiated. If the | ||||||
2 | Office of Inspector General
determines
that there is clear and | ||||||
3 | substantial risk of death or great bodily harm, it
shall | ||||||
4 | immediately
secure or provide emergency protective services | ||||||
5 | for purposes of preventing
further abuse,
neglect, or | ||||||
6 | exploitation, and for safeguarding the welfare of the person. | ||||||
7 | Such
services
must be provided in the least restrictive | ||||||
8 | environment commensurate with the
adult with
disabilities' | ||||||
9 | needs. | ||||||
10 | (a-1) The Adults with Disabilities Abuse Project shall, | ||||||
11 | upon receiving a report of alleged or suspected abuse, neglect, | ||||||
12 | or financial exploitation, initiate the investigation within | ||||||
13 | 24 hours of receiving the report. | ||||||
14 | (a-5) The Adults with Disabilities Abuse Project shall | ||||||
15 | initiate an
assessment
of all reports
of alleged or suspected | ||||||
16 | abuse or neglect within 7 days after receipt of the
report, | ||||||
17 | except
reports of abuse or neglect that indicate that the life | ||||||
18 | or safety of an adult
with disabilities
is in imminent danger | ||||||
19 | shall be assessed within 24 hours after receipt of the
report.
| ||||||
20 | Reports of exploitation shall be assessed within 30 days after | ||||||
21 | the receipt of
the report. | ||||||
22 | (b) (Blank). | ||||||
23 | (c) The Department shall effect written interagency | ||||||
24 | agreements
with other
State
departments and any other public | ||||||
25 | and private agencies to coordinate and
cooperate in the | ||||||
26 | handling of substantiated cases; to accept and manage
|
| |||||||
| |||||||
1 | substantiated cases on a priority basis; and to waive | ||||||
2 | eligibility requirements
for the adult with disabilities in an | ||||||
3 | emergency. | ||||||
4 | (d) Every effort shall be made by the Adults with | ||||||
5 | Disabilities Abuse
Project
to
coordinate and cooperate with | ||||||
6 | public and private agencies to ensure the
provision of
services | ||||||
7 | necessary to eliminate further abuse, neglect, and | ||||||
8 | exploitation of the
adult with
disabilities who is the subject | ||||||
9 | of the report. | ||||||
10 | The Office of Inspector General shall
promulgate rules and | ||||||
11 | regulations to ensure the
effective implementation of the | ||||||
12 | Adults with Disabilities Abuse
Project statewide. | ||||||
13 | (e) When the Adults with Disabilities Abuse Project | ||||||
14 | determines that a case
is
substantiated, it shall refer the | ||||||
15 | case to the appropriate office within the
Department of
Human | ||||||
16 | Services to develop, with the consent of and in consultation | ||||||
17 | with the
adult with
disabilities, a service plan for the adult | ||||||
18 | with disabilities. | ||||||
19 | (f) The Adults with Disabilities Abuse Project shall refer | ||||||
20 | reports of
alleged or suspected
abuse, neglect, or exploitation | ||||||
21 | to another State agency when that agency has a
statutory
| ||||||
22 | obligation to investigate such reports. | ||||||
23 | (g) If the Adults with Disabilities Abuse Project has | ||||||
24 | reason to believe that
a crime has
been committed, the incident | ||||||
25 | shall be reported to the appropriate law
enforcement
agency. | ||||||
26 | (Source: P.A. 91-671, eff. 7-1-00.) |
| |||||||
| |||||||
1 | Section 15. The Abused and Neglected Child Reporting Act is | ||||||
2 | amended by adding Section 4.4a as follows: | ||||||
3 | (325 ILCS 5/4.4a new) | ||||||
4 | Sec. 4.4a. DCFS duty to report to DHS' Office of Inspector | ||||||
5 | General. Whenever the Department receives, by means of its | ||||||
6 | statewide toll-free telephone number established under Section | ||||||
7 | 7.6 for the purpose of reporting suspected child abuse or | ||||||
8 | neglect or by any other means or from any mandated reporter | ||||||
9 | under Section 4, a report of suspected abuse, neglect, or | ||||||
10 | financial exploitation of a disabled adult person between the | ||||||
11 | ages of 18 and 59, the Department shall instruct the reporter | ||||||
12 | to contact the Department of Human Services' Office of the | ||||||
13 | Inspector General and shall provide the reporter with the | ||||||
14 | statewide, 24-hour toll-free telephone number established and | ||||||
15 | maintained by the Department of Human Services' Office of the | ||||||
16 | Inspector General.
| ||||||
17 | Section 95. No acceleration or delay. Where this Act makes | ||||||
18 | changes in a statute that is represented in this Act by text | ||||||
19 | that is not yet or no longer in effect (for example, a Section | ||||||
20 | represented by multiple versions), the use of that text does | ||||||
21 | not accelerate or delay the taking effect of (i) the changes | ||||||
22 | made by this Act or (ii) provisions derived from any other | ||||||
23 | Public Act.".
|