96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5152


 
Introduced 1/29/2010, by Rep. Elaine Nekritz
 
SYNOPSIS AS INTRODUCED:
 		





 


  




New Act





210 ILCS 30/3
  from Ch. 111 1/2, par. 4163








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















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FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 




  






HB5152

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1
    AN ACT concerning State government.
  
 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:
  


 
4
    Section 1. Short title. This Act may be cited as the 
5
Developmental Disability Institutional Safety Act or Brian's 
6
Law.
 
7
    Section 5. Legislative findings. The General Assembly 
8
finds all of the following: 
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    (a) Despite the national trend toward community 
10
integration of people with disabilities, the State of Illinois 
11
ranks 51st in the nation in funding for community-based 
12
services for people with developmental disabilities in 
13
settings of 6 or fewer individuals.
14
    (b) Illinois continues to rely heavily upon large, 
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congregate, residential facilities for the long-term care of 
16
people with developmental disabilities.
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    (c) There is a large body of evidence documenting that 
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large, congregate settings for people with disabilities create 
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a culture of abuse and neglect that victimizes our society's 
20
most vulnerable members, inhibits their integration within 
21
society, and fosters dependence. 
22
    (d) The organization designated by the Governor to 
23
implement the federally mandated Protection and Advocacy (P&A) 
 


 






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System for people with disabilities in Illinois has 
2
investigated the deaths of individuals with developmental 
3
disabilities in State-operated developmental disability 
4
institutions, including the death of Brian Kent at Ann M. Kiley 
5
Center in Waukegan, Illinois on October 30, 2002. A public 
6
report has been issued regarding its investigation of the death 
7
of Brian Kent and others entitled "Life and Death in 
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State-Operated Developmental Disability Institutions".
9
    (e) The substandard medical care and treatment cited in 
10
that report necessitate that immediate action be taken to 
11
prevent further injuries and deaths to the individuals residing 
12
in those institutions.
 
13
    Section 10. Independent interdisciplinary teams of 
14
monitors. 
15
    (a) The Illinois Department of Human Services and the 
16
Illinois Department of Public Health shall develop and install 
17
independent interdisciplinary teams of monitors to ensure the 
18
safety and well-being of the individuals residing at each 
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State-operated developmental disability institution.


20
    (b) The interdisciplinary monitoring teams shall be 
21
composed of nurses, social workers, psychologists, and quality 
22
assurance professionals with expertise in addressing the 
23
quality of nursing care and treatment.

24
    (c) The interdisciplinary monitoring teams shall conduct a 
25
minimum of 2 unannounced site visits to each of the 
 


 






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State-operated developmental disability institutions each 
2
quarter.  However, additional site visits may be made as 
3
circumstances warrant.  The teams shall monitor and observe 
4
conditions within and around the residential units, review 
5
relevant records, including injury reports, and conduct random 
6
audits of clinical files and reports of abuse and neglect at 
7
these institutions.

8
    (d)
The interdisciplinary monitoring teams shall produce 
9
quarterly reports of their observations and provide those 
10
reports to the Departments of Human Services and Public Health 
11
as well as to the organization designated by the Governor to 
12
implement the federally mandated Protection and Advocacy (P&A) 
13
System for people with disabilities in Illinois. The 
14
Departments of Human Services and Public Health shall develop 
15
and implement appropriate action plans in response to those 
16
reports to ensure that individuals under the care of these 
17
institutions are safe and receive quality services and medical 
18
care.
 
19
    Section 15. Independent team of medical experts. 
20
    (a) The Departments of Human Services and Public Health 
21
shall develop an independent team of medical experts from the 
22
private sector, including forensic pathologists, doctors, and 
23
nurses, to examine all deaths at State-operated developmental 
24
disability institutions.


25
    (b) The independent team of medical experts shall examine 
 


 






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the clinical records of all individuals who have died while 
2
under the care of a State-operated developmental disability 
3
institution and review all actions taken by the institution or 
4
other State agencies to address the cause or causes of death 
5
and the adequacy of medical care and treatment.

6
    (c) The independent team shall produce written findings and 
7
provide those findings to the Departments of Human Services and 
8
Public Health as well as to the organization designated by the 
9
Governor to implement the federally mandated Protection and 
10
Advocacy (P&A) System for people with disabilities in Illinois 
11
in order to prevent further injuries and deaths.
 
12
    Section 20. Plans of prevention. Within 90 days after the 
13
completion of an investigation into the death of an individual 
14
residing at a State-run developmental disability institution 
15
by the Office of Inspector General or the Illinois Department 
16
of State Police, the Departments of Human Services and Public 
17
Health, in conjunction with the State-operated developmental 
18
disability institutions' administrators and medical directors, 
19
shall develop a plan of prevention to ensure that similar 
20
deaths do not occur at State-operated developmental disability 
21
institutions.
 
22
    Section 25. Rights information. The Department of Human 
23
Services shall ensure that individuals with disabilities and 
24
their guardians and families receive sufficient information 
 


 






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regarding their rights, including the right to be safe, the 
2
right to be free of abuse and neglect, and the right to receive 
3
quality services. The Department shall provide this 
4
information in order to allow individuals with developmental 
5
disabilities and their families to make informed decisions 
6
regarding the provision of services that can meet the 
7
individual's wants and needs.
 
8
    Section 30. The Abused and Neglected Long Term Care 
9
Facility Residents Reporting
Act is amended  by changing Section 
10
3 as follows:
 


11
    (210 ILCS 30/3)  (from Ch. 111 1/2, par. 4163)



12
    (Text of Section before amendment by P.A. 96-339)

13
    Sec. 3. As used in this Act unless the context otherwise 
14
requires: 

15
    a. "Department" means the Department of Public Health of 
16
the State of
Illinois.

17
    b. "Resident" means a person residing in and receiving 
18
personal care from
a long term care facility, or residing in a 
19
mental health facility or
developmental disability facility as 
20
defined in the Mental Health and
Developmental Disabilities 
21
Code.

22
    c. "Long term care facility" has the same meaning ascribed 
23
to such term
in the Nursing Home Care Act, except that the term 
24
as
used in this Act shall include any mental health facility or

 


 






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developmental disability facility as defined in the Mental 
2
Health and
Developmental Disabilities Code.

3
    d. "Abuse" means (i) any physical injury, sexual abuse or 
4
mental injury
inflicted on a resident other than by accidental 
5
means or (ii) inadequate medical care that, regardless of the 
6
final cause of death, compromises an individual's health or 
7
leads to serious medical consequences followed by the 
8
individuals' death.

9
    e. "Neglect" means (i) a failure in a long term care 
10
facility to provide
adequate medical or personal care or 
11
maintenance, which failure results in
physical or mental injury 
12
to a resident or in the deterioration of a
resident's physical 
13
or mental condition or (ii) the failure to follow medical and 
14
personal care protocols, such as dietary restrictions, 
15
regardless of whether that failure causes injury.

16
    f. "Protective services" means services provided to a 
17
resident who has
been abused or neglected, which may include, 
18
but are not limited to alternative
temporary institutional 
19
placement, nursing care, counseling, other social
services 
20
provided at the nursing home where the resident resides or at 
21
some
other facility, personal care and such protective services 
22
of voluntary
agencies as are available.

23
    g. Unless the context otherwise requires, direct or 
24
indirect references in
this Act to the programs, personnel, 
25
facilities, services, service providers,
or service recipients 
26
of the Department of Human Services shall be construed to
refer 
 


 






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only to those programs, personnel, facilities, services, 
2
service
providers, or service recipients that pertain to the 
3
Department of Human
Services' mental health and developmental 
4
disabilities functions.

5
(Source: P.A. 89-507, eff. 7-1-97.)

 
6
    (Text of Section after amendment by P.A. 96-339)

7
    Sec. 3. As used in this Act unless the context otherwise 
8
requires: 

9
    a. "Department" means the Department of Public Health of 
10
the State of
Illinois.

11
    b. "Resident" means a person residing in and receiving 
12
personal care from
a long term care facility, or residing in a 
13
mental health facility or
developmental disability facility as 
14
defined in the Mental Health and
Developmental Disabilities 
15
Code.

16
    c. "Long term care facility" has the same meaning ascribed 
17
to such term
in the Nursing Home Care Act, except that the term 
18
as
used in this Act shall include any mental health facility or

19
developmental disability facility as defined in the Mental 
20
Health and
Developmental Disabilities Code. The term also 
21
includes any facility licensed under the MR/DD Community Care 
22
Act. 

23
    d. "Abuse" means (i) any physical injury, sexual abuse or 
24
mental injury
inflicted on a resident other than by accidental 
25
means or (ii) inadequate medical care that, regardless of the 
 


 






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final cause of death, compromises an individual's health or 
2
leads to serious medical consequences followed by the 
3
individuals' death.

4
    e. "Neglect" means (i) a failure in a long term care 
5
facility to provide
adequate medical or personal care or 
6
maintenance, which failure results in
physical or mental injury 
7
to a resident or in the deterioration of a
resident's physical 
8
or mental condition or (ii) the failure to follow medical and 
9
personal care protocols, such as dietary restrictions, 
10
regardless of whether that failure causes injury.

11
    f. "Protective services" means services provided to a 
12
resident who has
been abused or neglected, which may include, 
13
but are not limited to alternative
temporary institutional 
14
placement, nursing care, counseling, other social
services 
15
provided at the nursing home where the resident resides or at 
16
some
other facility, personal care and such protective services 
17
of voluntary
agencies as are available.

18
    g. Unless the context otherwise requires, direct or 
19
indirect references in
this Act to the programs, personnel, 
20
facilities, services, service providers,
or service recipients 
21
of the Department of Human Services shall be construed to
refer 
22
only to those programs, personnel, facilities, services, 
23
service
providers, or service recipients that pertain to the 
24
Department of Human
Services' mental health and developmental 
25
disabilities functions.

26
(Source: P.A. 96-339, eff. 7-1-10.)


 
 


 






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    Section 95. No acceleration or delay. Where this Act makes 
2
changes in a statute that is represented in this Act by text 
3
that is not yet or no longer in effect (for example, a Section 
4
represented by multiple versions), the use of that text does 
5
not accelerate or delay the taking effect of (i) the changes 
6
made by this Act or (ii) provisions derived from any other 
7
Public Act.