HB5152 96TH GENERAL ASSEMBLY

LRB096 19040 JDS 34431 b

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.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Developmental Disability Institutional Safety Act or Brian's Law.

Section 5. Legislative findings. The General Assembly finds all of the following:

(a) Despite the national trend toward community integration of people with disabilities, the State of Illinois ranks 51st in the nation in funding for community-based services for people with developmental disabilities in settings of 6 or fewer individuals.

(b) Illinois continues to rely heavily upon large, congregate, residential facilities for the long-term care of people with developmental disabilities.

(c) There is a large body of evidence documenting that large, congregate settings for people with disabilities create a culture of abuse and neglect that victimizes our society's most vulnerable members, inhibits their integration within society, and fosters dependence.

(d) The organization designated by the Governor to implement the federally mandated Protection and Advocacy (P&A) System for people with disabilities in Illinois has investigated the deaths of individuals with developmental disabilities in State-operated developmental disability institutions, including the death of Brian Kent at Ann M. Kiley Center in Waukegan, Illinois on October 30, 2002. A public report has been issued regarding its investigation of the death of Brian Kent and others entitled "Life and Death in State-Operated Developmental Disability Institutions".

(e) The substandard medical care and treatment cited in that report necessitate that immediate action be taken to prevent further injuries and deaths to the individuals residing in those institutions.

Section 10. Independent interdisciplinary teams of monitors.

(a) The Illinois Department of Human Services and the Illinois Department of Public Health shall develop and install independent interdisciplinary teams of monitors to ensure the safety and well-being of the individuals residing at each State-operated developmental disability institution.

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

(c) The interdisciplinary monitoring teams shall conduct a minimum of 2 unannounced site visits to each of the State-operated developmental disability institutions each quarter. However, additional site visits may be made as circumstances warrant. The teams shall monitor and observe conditions within and around the residential units, review relevant records, including injury reports, and conduct random audits of clinical files and reports of abuse and neglect at these institutions.

(d) The interdisciplinary monitoring teams shall produce quarterly reports of their observations and provide those reports to the Departments of Human Services and Public Health as well as to the organization designated by the Governor to implement the federally mandated Protection and Advocacy (P&A) System for people with disabilities in Illinois. The Departments of Human Services and Public Health shall develop and implement appropriate action plans in response to those reports to ensure that individuals under the care of these institutions are safe and receive quality services and medical care.

Section 15. Independent team of medical experts.

(a) The Departments of Human Services and Public Health shall develop an independent team of medical experts from the private sector, including forensic pathologists, doctors, and nurses, to examine all deaths at State-operated developmental disability institutions.

(b) The independent team of medical experts shall examine the clinical records of all individuals who have died while under the care of a State-operated developmental disability institution and review all actions taken by the institution or other State agencies to address the cause or causes of death and the adequacy of medical care and treatment.

(c) The independent team shall produce written findings and provide those findings to the Departments of Human Services and Public Health as well as to the organization designated by the Governor to implement the federally mandated Protection and Advocacy (P&A) System for people with disabilities in Illinois in order to prevent further injuries and deaths.

Section 20. Plans of prevention. Within 90 days after the completion of an investigation into the death of an individual residing at a State-run developmental disability institution by the Office of Inspector General or the Illinois Department of State Police, the Departments of Human Services and Public Health, in conjunction with the State-operated developmental disability institutions' administrators and medical directors, shall develop a plan of prevention to ensure that similar deaths do not occur at State-operated developmental disability institutions.

Section 25. Rights information. The Department of Human Services shall ensure that individuals with disabilities and their guardians and families receive sufficient information regarding their rights, including the right to be safe, the right to be free of abuse and neglect, and the right to receive quality services. The Department shall provide this information in order to allow individuals with developmental disabilities and their families to make informed decisions regarding the provision of services that can meet the individual's wants and needs.

Section 30. The Abused and Neglected Long Term Care Facility Residents Reporting Act is amended by changing Section 3 as follows:

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

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

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

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

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

c. "Long term care facility" has the same meaning ascribed to such term in the Nursing Home Care Act, except that the term as used in this Act shall include any mental health facility or developmental disability facility as defined in the Mental Health and Developmental Disabilities Code.

d. "Abuse" means (i) any physical injury, sexual abuse or mental injury inflicted on a resident other than by accidental means or (ii) 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.

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

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

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

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

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

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

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

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

c. "Long term care facility" has the same meaning ascribed to such term in the Nursing Home Care Act, except that the term as used in this Act shall include any mental health facility or developmental disability facility as defined in the Mental Health and Developmental Disabilities Code. The term also includes any facility licensed under the MR/DD Community Care Act.

d. "Abuse" means (i) any physical injury, sexual abuse or mental injury inflicted on a resident other than by accidental means or (ii) 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.

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

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

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

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

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