Rep. William Davis
Filed: 2/25/2022
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1 | AMENDMENT TO HOUSE BILL 5186
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2 | AMENDMENT NO. ______. Amend House Bill 5186 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "(20 ILCS 1110/7 rep.)
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5 | (20 ILCS 1110/8 rep.)
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6 | (20 ILCS 1110/9 rep.)
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7 | (20 ILCS 1110/10 rep.)
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8 | (20 ILCS 1110/11 rep.)
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9 | (20 ILCS 1110/12 rep.)
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10 | (20 ILCS 1110/13 rep.)
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11 | (20 ILCS 1110/14 rep.)
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12 | (20 ILCS 1110/15 rep.)
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13 | (20 ILCS 1110/16 rep.)
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14 | (20 ILCS 1110/17 rep.)
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15 | Section 5. The Illinois Coal and Energy Development Bond | ||||||
16 | Act is amended by repealing Sections 7, 8, 9, 10, 11, 12, 13, | ||||||
17 | 14, 15, 16, and 17. |
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1 | Section 10. The Department of Human Services Act is | ||||||
2 | amended by changing Section 1-17 as follows:
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3 | (20 ILCS 1305/1-17)
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4 | Sec. 1-17. Inspector General. | ||||||
5 | (a) Nature and purpose. It is the express intent of the | ||||||
6 | General Assembly to ensure the health, safety, and financial | ||||||
7 | condition of individuals receiving services in this State due | ||||||
8 | to mental illness, developmental disability, or both by | ||||||
9 | protecting those persons from acts of abuse, neglect, or both | ||||||
10 | by service providers. To that end, the Office of the Inspector | ||||||
11 | General for the Department of Human Services is created to | ||||||
12 | investigate and report upon allegations of the abuse, neglect, | ||||||
13 | or financial exploitation of individuals receiving services | ||||||
14 | within mental health facilities, developmental disabilities | ||||||
15 | facilities, and community agencies operated, licensed, funded, | ||||||
16 | or certified by the Department of Human Services, but not | ||||||
17 | licensed or certified by any other State agency. | ||||||
18 | (b) Definitions. The following definitions apply to this | ||||||
19 | Section: | ||||||
20 | "Adult student with a disability" means an adult student, | ||||||
21 | age 18 through 21, inclusive, with an Individual Education | ||||||
22 | Program, other than a resident of a facility licensed by the | ||||||
23 | Department of Children and Family Services in accordance with | ||||||
24 | the Child Care Act of 1969. For purposes of this definition, |
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1 | "through age 21, inclusive", means through the day before the | ||||||
2 | student's 22nd birthday. | ||||||
3 | "Agency" or "community agency" means (i) a community | ||||||
4 | agency licensed, funded, or certified by the Department, but | ||||||
5 | not licensed or certified by any other human services agency | ||||||
6 | of the State, to provide mental health service or | ||||||
7 | developmental disabilities service, or (ii) a program | ||||||
8 | licensed, funded, or certified by the Department, but not | ||||||
9 | licensed or certified by any other human services agency of | ||||||
10 | the State, to provide mental health service or developmental | ||||||
11 | disabilities service. | ||||||
12 | "Aggravating circumstance" means a factor that is | ||||||
13 | attendant to a finding and that tends to compound or increase | ||||||
14 | the culpability of the accused. | ||||||
15 | "Allegation" means an assertion, complaint, suspicion, or | ||||||
16 | incident involving any of the following conduct by an | ||||||
17 | employee, facility, or agency against an individual or | ||||||
18 | individuals: mental abuse, physical abuse, sexual abuse, | ||||||
19 | neglect, or financial exploitation. | ||||||
20 | "Day" means working day, unless otherwise specified. | ||||||
21 | "Deflection" means a situation in which an individual is | ||||||
22 | presented for admission to a facility or agency, and the | ||||||
23 | facility staff or agency staff do not admit the individual. | ||||||
24 | "Deflection" includes triage, redirection, and denial of | ||||||
25 | admission. | ||||||
26 | "Department" means the Department of Human Services. |
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1 | "Developmental disability" means "developmental | ||||||
2 | disability" as defined in the Mental Health and Developmental | ||||||
3 | Disabilities Code. | ||||||
4 | "Egregious neglect" means a finding of neglect as | ||||||
5 | determined by the Inspector General that (i) represents a | ||||||
6 | gross failure to adequately provide for, or a callused | ||||||
7 | indifference to, the health, safety, or medical needs of an | ||||||
8 | individual and (ii) results in an individual's death or other | ||||||
9 | serious deterioration of an individual's physical condition or | ||||||
10 | mental condition. | ||||||
11 | "Employee" means any person who provides services at the | ||||||
12 | facility or agency on-site or off-site. The service | ||||||
13 | relationship can be with the individual or with the facility | ||||||
14 | or agency. Also, "employee" includes any employee or | ||||||
15 | contractual agent of the Department of Human Services or the | ||||||
16 | community agency involved in providing or monitoring or | ||||||
17 | administering mental health or developmental disability | ||||||
18 | services. This includes but is not limited to: owners, | ||||||
19 | operators, payroll personnel, contractors, subcontractors, and | ||||||
20 | volunteers. | ||||||
21 | "Facility" or "State-operated facility" means a mental | ||||||
22 | health facility or developmental disabilities facility | ||||||
23 | operated by the Department. | ||||||
24 | "Financial exploitation" means taking unjust advantage of | ||||||
25 | an individual's assets, property, or financial resources | ||||||
26 | through deception, intimidation, or conversion for the |
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1 | employee's, facility's, or agency's own advantage or benefit. | ||||||
2 | "Finding" means the Office of Inspector General's | ||||||
3 | determination regarding whether an allegation is | ||||||
4 | substantiated, unsubstantiated, or unfounded. | ||||||
5 | "Health Care Worker Registry" or "Registry" means the | ||||||
6 | Health Care Worker Registry under the Health Care Worker | ||||||
7 | Background Check Act. | ||||||
8 | "Individual" means any person receiving mental health | ||||||
9 | service, developmental disabilities service, or both from a | ||||||
10 | facility or agency, while either on-site or off-site. | ||||||
11 | "Mental abuse" means the use of demeaning, intimidating, | ||||||
12 | or threatening words, signs, gestures, or other actions by an | ||||||
13 | employee about an individual and in the presence of an | ||||||
14 | individual or individuals that results in emotional distress | ||||||
15 | or maladaptive behavior, or could have resulted in emotional | ||||||
16 | distress or maladaptive behavior, for any individual present. | ||||||
17 | "Mental illness" means "mental illness" as defined in the | ||||||
18 | Mental Health and Developmental Disabilities Code. | ||||||
19 | "Mentally ill" means having a mental illness. | ||||||
20 | "Mitigating circumstance" means a condition that (i) is | ||||||
21 | attendant to a finding, (ii) does not excuse or justify the | ||||||
22 | conduct in question, but (iii) may be considered in evaluating | ||||||
23 | the severity of the conduct, the culpability of the accused, | ||||||
24 | or both the severity of the conduct and the culpability of the | ||||||
25 | accused. | ||||||
26 | "Neglect" means an employee's, agency's, or facility's |
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1 | failure to provide adequate medical care, personal care, or | ||||||
2 | maintenance and that, as a consequence, (i) causes an | ||||||
3 | individual pain, injury, or emotional distress, (ii) results | ||||||
4 | in either an individual's maladaptive behavior or the | ||||||
5 | deterioration of an individual's physical condition or mental | ||||||
6 | condition, or (iii) places the individual's health or safety | ||||||
7 | at substantial risk. | ||||||
8 | "Person with a developmental disability" means a person | ||||||
9 | having a developmental disability. | ||||||
10 | "Physical abuse" means an employee's non-accidental and | ||||||
11 | inappropriate contact with an individual that causes bodily | ||||||
12 | harm. "Physical abuse" includes actions that cause bodily harm | ||||||
13 | as a result of an employee directing an individual or person to | ||||||
14 | physically abuse another individual. | ||||||
15 | "Recommendation" means an admonition, separate from a | ||||||
16 | finding, that requires action by the facility, agency, or | ||||||
17 | Department to correct a systemic issue, problem, or deficiency | ||||||
18 | identified during an investigation. | ||||||
19 | "Required reporter" means any employee who suspects, | ||||||
20 | witnesses, or is informed of an allegation of any one or more | ||||||
21 | of the following: mental abuse, physical abuse, sexual abuse, | ||||||
22 | neglect, or financial exploitation. | ||||||
23 | "Secretary" means the Chief Administrative Officer of the | ||||||
24 | Department. | ||||||
25 | "Sexual abuse" means any sexual contact or intimate | ||||||
26 | physical contact between an employee and an individual, |
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1 | including an employee's coercion or encouragement of an | ||||||
2 | individual to engage in sexual behavior that results in sexual | ||||||
3 | contact, intimate physical contact, sexual behavior, or | ||||||
4 | intimate physical behavior. Sexual abuse also includes (i) an | ||||||
5 | employee's actions that result in the sending or showing of | ||||||
6 | sexually explicit images to an individual via computer, | ||||||
7 | cellular phone, electronic mail, portable electronic device, | ||||||
8 | or other media with or without contact with the individual or | ||||||
9 | (ii) an employee's posting of sexually explicit images of an | ||||||
10 | individual online or elsewhere whether or not there is contact | ||||||
11 | with the individual. | ||||||
12 | "Sexually explicit images" includes, but is not limited | ||||||
13 | to, any material which depicts nudity, sexual conduct, or | ||||||
14 | sado-masochistic abuse, or which contains explicit and | ||||||
15 | detailed verbal descriptions or narrative accounts of sexual | ||||||
16 | excitement, sexual conduct, or sado-masochistic abuse. | ||||||
17 | "Substantiated" means there is a preponderance of the | ||||||
18 | evidence to support the allegation. | ||||||
19 | "Unfounded" means there is no credible evidence to support | ||||||
20 | the allegation. | ||||||
21 | "Unsubstantiated" means there is credible evidence, but | ||||||
22 | less than a preponderance of evidence to support the | ||||||
23 | allegation. | ||||||
24 | (c) Appointment. The Governor shall appoint, and the | ||||||
25 | Senate shall confirm, an Inspector General. The Inspector | ||||||
26 | General shall be appointed for a term of 4 years and shall |
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1 | function within the Department of Human Services and report to | ||||||
2 | the Secretary and the Governor. | ||||||
3 | (d) Operation and appropriation. The Inspector General | ||||||
4 | shall function independently within the Department with | ||||||
5 | respect to the operations of the Office, including the | ||||||
6 | performance of investigations and issuance of findings and | ||||||
7 | recommendations. The appropriation for the Office of Inspector | ||||||
8 | General shall be separate from the overall appropriation for | ||||||
9 | the Department. | ||||||
10 | (e) Powers and duties. The Inspector General shall | ||||||
11 | investigate reports of suspected mental abuse, physical abuse, | ||||||
12 | sexual abuse, neglect, or financial exploitation of | ||||||
13 | individuals in any mental health or developmental disabilities | ||||||
14 | facility or agency and shall have authority to take immediate | ||||||
15 | action to prevent any one or more of the following from | ||||||
16 | happening to individuals under its jurisdiction: mental abuse, | ||||||
17 | physical abuse, sexual abuse, neglect, or financial | ||||||
18 | exploitation. Upon written request of an agency of this State, | ||||||
19 | the Inspector General may assist another agency of the State | ||||||
20 | in investigating reports of the abuse, neglect, or abuse and | ||||||
21 | neglect of persons with mental illness, persons with | ||||||
22 | developmental disabilities, or persons with both. To comply | ||||||
23 | with the requirements of subsection (k) of this Section, the | ||||||
24 | Inspector General shall also review all reportable deaths for | ||||||
25 | which there is no allegation of abuse or neglect. Nothing in | ||||||
26 | this Section shall preempt any duties of the Medical Review |
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1 | Board set forth in the Mental Health and Developmental | ||||||
2 | Disabilities Code. The Inspector General shall have no | ||||||
3 | authority to investigate alleged violations of the State | ||||||
4 | Officials and Employees Ethics Act. Allegations of misconduct | ||||||
5 | under the State Officials and Employees Ethics Act shall be | ||||||
6 | referred to the Office of the Governor's Executive Inspector | ||||||
7 | General for investigation. | ||||||
8 | (f) Limitations. The Inspector General shall not conduct | ||||||
9 | an investigation within an agency or facility if that | ||||||
10 | investigation would be redundant to or interfere with an | ||||||
11 | investigation conducted by another State agency. The Inspector | ||||||
12 | General shall have no supervision over, or involvement in, the | ||||||
13 | routine programmatic, licensing, funding, or certification | ||||||
14 | operations of the Department. Nothing in this subsection | ||||||
15 | limits investigations by the Department that may otherwise be | ||||||
16 | required by law or that may be necessary in the Department's | ||||||
17 | capacity as central administrative authority responsible for | ||||||
18 | the operation of the State's mental health and developmental | ||||||
19 | disabilities facilities. | ||||||
20 | (g) Rulemaking authority. The Inspector General shall | ||||||
21 | promulgate rules establishing minimum requirements for | ||||||
22 | reporting allegations as well as for initiating, conducting, | ||||||
23 | and completing investigations based upon the nature of the | ||||||
24 | allegation or allegations. The rules shall clearly establish | ||||||
25 | that if 2 or more State agencies could investigate an | ||||||
26 | allegation, the Inspector General shall not conduct an |
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1 | investigation that would be redundant to, or interfere with, | ||||||
2 | an investigation conducted by another State agency. The rules | ||||||
3 | shall further clarify the method and circumstances under which | ||||||
4 | the Office of Inspector General may interact with the | ||||||
5 | licensing, funding, or certification units of the Department | ||||||
6 | in preventing further occurrences of mental abuse, physical | ||||||
7 | abuse, sexual abuse, neglect, egregious neglect, and financial | ||||||
8 | exploitation. | ||||||
9 | (h) Training programs. The Inspector General shall (i) | ||||||
10 | establish a comprehensive program to ensure that every person | ||||||
11 | authorized to conduct investigations receives ongoing training | ||||||
12 | relative to investigation techniques, communication skills, | ||||||
13 | and the appropriate means of interacting with persons | ||||||
14 | receiving treatment for mental illness, developmental | ||||||
15 | disability, or both mental illness and developmental | ||||||
16 | disability, and (ii) establish and conduct periodic training | ||||||
17 | programs for facility and agency employees concerning the | ||||||
18 | prevention and reporting of any one or more of the following: | ||||||
19 | mental abuse, physical abuse, sexual abuse, neglect, egregious | ||||||
20 | neglect, or financial exploitation. The Inspector General | ||||||
21 | shall further ensure (i) every person authorized to conduct | ||||||
22 | investigations at community agencies receives ongoing training | ||||||
23 | in Title 59, Parts 115, 116, and 119 of the Illinois | ||||||
24 | Administrative Code, and (ii) every person authorized to | ||||||
25 | conduct investigations shall receive ongoing training in Title | ||||||
26 | 59, Part 50 of the Illinois Administrative Code. Nothing in |
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1 | this Section shall be deemed to prevent the Office of | ||||||
2 | Inspector General from conducting any other training as | ||||||
3 | determined by the Inspector General to be necessary or | ||||||
4 | helpful. | ||||||
5 | (i) Duty to cooperate. | ||||||
6 | (1) The Inspector General shall at all times be | ||||||
7 | granted access to any facility or agency for the purpose | ||||||
8 | of investigating any allegation, conducting unannounced | ||||||
9 | site visits, monitoring compliance with a written | ||||||
10 | response, or completing any other statutorily assigned | ||||||
11 | duty. The Inspector General shall conduct unannounced site | ||||||
12 | visits to each facility at least annually for the purpose | ||||||
13 | of reviewing and making recommendations on systemic issues | ||||||
14 | relative to preventing, reporting, investigating, and | ||||||
15 | responding to all of the following: mental abuse, physical | ||||||
16 | abuse, sexual abuse, neglect, egregious neglect, or | ||||||
17 | financial exploitation. | ||||||
18 | (2) Any employee who fails to cooperate with an Office | ||||||
19 | of the Inspector General investigation is in violation of | ||||||
20 | this Act. Failure to cooperate with an investigation | ||||||
21 | includes, but is not limited to, any one or more of the | ||||||
22 | following: (i) creating and transmitting a false report to | ||||||
23 | the Office of the Inspector General hotline, (ii) | ||||||
24 | providing false information to an Office of the Inspector | ||||||
25 | General Investigator during an investigation, (iii) | ||||||
26 | colluding with other employees to cover up evidence, (iv) |
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1 | colluding with other employees to provide false | ||||||
2 | information to an Office of the Inspector General | ||||||
3 | investigator, (v) destroying evidence, (vi) withholding | ||||||
4 | evidence, or (vii) otherwise obstructing an Office of the | ||||||
5 | Inspector General investigation. Additionally, any | ||||||
6 | employee who, during an unannounced site visit or written | ||||||
7 | response compliance check, fails to cooperate with | ||||||
8 | requests from the Office of the Inspector General is in | ||||||
9 | violation of this Act. | ||||||
10 | (j) Subpoena powers. The Inspector General shall have the | ||||||
11 | power to subpoena witnesses and compel the production of all | ||||||
12 | documents and physical evidence relating to his or her | ||||||
13 | investigations and any hearings authorized by this Act. This | ||||||
14 | subpoena power shall not extend to persons or documents of a | ||||||
15 | labor organization or its representatives insofar as the | ||||||
16 | persons are acting in a representative capacity to an employee | ||||||
17 | whose conduct is the subject of an investigation or the | ||||||
18 | documents relate to that representation. Any person who | ||||||
19 | otherwise fails to respond to a subpoena or who knowingly | ||||||
20 | provides false information to the Office of the Inspector | ||||||
21 | General by subpoena during an investigation is guilty of a | ||||||
22 | Class A misdemeanor. | ||||||
23 | (k) Reporting allegations and deaths. | ||||||
24 | (1) Allegations. If an employee witnesses, is told of, | ||||||
25 | or has reason to believe an incident of mental abuse, | ||||||
26 | physical abuse, sexual abuse, neglect, or financial |
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1 | exploitation has occurred, the employee, agency, or | ||||||
2 | facility shall report the allegation by phone to the | ||||||
3 | Office of the Inspector General hotline according to the | ||||||
4 | agency's or facility's procedures, but in no event later | ||||||
5 | than 4 hours after the initial discovery of the incident, | ||||||
6 | allegation, or suspicion of any one or more of the | ||||||
7 | following: mental abuse, physical abuse, sexual abuse, | ||||||
8 | neglect, or financial exploitation. A required reporter as | ||||||
9 | defined in subsection (b) of this Section who knowingly or | ||||||
10 | intentionally fails to comply with these reporting | ||||||
11 | requirements is guilty of a Class A misdemeanor. | ||||||
12 | (2) Deaths. Absent an allegation, a required reporter | ||||||
13 | shall, within 24 hours after initial discovery, report by | ||||||
14 | phone to the Office of the Inspector General hotline each | ||||||
15 | of the following: | ||||||
16 | (i) Any death of an individual occurring within 14 | ||||||
17 | calendar days after discharge or transfer of the | ||||||
18 | individual from a residential program or facility. | ||||||
19 | (ii) Any death of an individual occurring within | ||||||
20 | 24 hours after deflection from a residential program | ||||||
21 | or facility. | ||||||
22 | (iii) Any other death of an individual occurring | ||||||
23 | at an agency or facility or at any Department-funded | ||||||
24 | site. | ||||||
25 | (3) Retaliation. It is a violation of this Act for any | ||||||
26 | employee or administrator of an agency or facility to take |
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1 | retaliatory action against an employee who acts in good | ||||||
2 | faith in conformance with his or her duties as a required | ||||||
3 | reporter. | ||||||
4 | (l) Reporting to law enforcement. (1) Reporting criminal | ||||||
5 | acts. Within 24 hours after determining that there is credible | ||||||
6 | evidence indicating that a criminal act may have been | ||||||
7 | committed or that special expertise may be required in an | ||||||
8 | investigation, the Inspector General shall notify the Illinois | ||||||
9 | State Police or other appropriate law enforcement authority, | ||||||
10 | or ensure that such notification is made. The Illinois State | ||||||
11 | Police shall investigate any report from a State-operated | ||||||
12 | facility indicating a possible murder, sexual assault, or | ||||||
13 | other felony by an employee. All investigations conducted by | ||||||
14 | the Inspector General shall be conducted in a manner designed | ||||||
15 | to ensure the preservation of evidence for possible use in a | ||||||
16 | criminal prosecution. | ||||||
17 | (2) Reporting allegations of adult students with | ||||||
18 | disabilities. Upon receipt of a reportable allegation | ||||||
19 | regarding an adult student with a disability, the | ||||||
20 | Department's Office of the Inspector General shall | ||||||
21 | determine whether the allegation meets the criteria for | ||||||
22 | the Domestic Abuse Program under the Abuse of Adults with | ||||||
23 | Disabilities Intervention Act. If the allegation is | ||||||
24 | reportable to that program, the Office of the Inspector | ||||||
25 | General shall initiate an investigation. If the allegation | ||||||
26 | is not reportable to the Domestic Abuse Program, the |
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1 | Office of the Inspector General shall make an expeditious | ||||||
2 | referral to the respective law enforcement entity. If the | ||||||
3 | alleged victim is already receiving services from the | ||||||
4 | Department, the Office of the Inspector General shall also | ||||||
5 | make a referral to the respective Department of Human | ||||||
6 | Services' Division or Bureau. | ||||||
7 | (m) Investigative reports. Upon completion of an | ||||||
8 | investigation, the Office of Inspector General shall issue an | ||||||
9 | investigative report identifying whether the allegations are | ||||||
10 | substantiated, unsubstantiated, or unfounded. Within 10 | ||||||
11 | business days after the transmittal of a completed | ||||||
12 | investigative report substantiating an allegation, finding an | ||||||
13 | allegation is unsubstantiated, or if a recommendation is made, | ||||||
14 | the Inspector General shall provide the investigative report | ||||||
15 | on the case to the Secretary and to the director of the | ||||||
16 | facility or agency where any one or more of the following | ||||||
17 | occurred: mental abuse, physical abuse, sexual abuse, neglect, | ||||||
18 | egregious neglect, or financial exploitation. The director of | ||||||
19 | the facility or agency shall be responsible for maintaining | ||||||
20 | the confidentiality of the investigative report consistent | ||||||
21 | with State and federal law. In a substantiated case, the | ||||||
22 | investigative report shall include any mitigating or | ||||||
23 | aggravating circumstances that were identified during the | ||||||
24 | investigation. If the case involves substantiated neglect, the | ||||||
25 | investigative report shall also state whether egregious | ||||||
26 | neglect was found. An investigative report may also set forth |
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1 | recommendations. All investigative reports prepared by the | ||||||
2 | Office of the Inspector General shall be considered | ||||||
3 | confidential and shall not be released except as provided by | ||||||
4 | the law of this State or as required under applicable federal | ||||||
5 | law. Unsubstantiated and unfounded reports shall not be | ||||||
6 | disclosed except as allowed under Section 6 of the Abused and | ||||||
7 | Neglected Long Term Care Facility Residents Reporting Act. Raw | ||||||
8 | data used to compile the investigative report shall not be | ||||||
9 | subject to release unless required by law or a court order. | ||||||
10 | "Raw data used to compile the investigative report" includes, | ||||||
11 | but is not limited to, any one or more of the following: the | ||||||
12 | initial complaint, witness statements, photographs, | ||||||
13 | investigator's notes, police reports, or incident reports. If | ||||||
14 | the allegations are substantiated, the victim, the victim's | ||||||
15 | guardian, and the accused shall be provided with a redacted | ||||||
16 | copy of the investigative report. Death reports where there | ||||||
17 | was no allegation of abuse or neglect shall only be released | ||||||
18 | pursuant to applicable State or federal law or a valid court | ||||||
19 | order. Unredacted investigative reports, as well as raw data, | ||||||
20 | may be shared with a local law enforcement entity, a State's | ||||||
21 | Attorney's office, or a county coroner's office upon written | ||||||
22 | request. | ||||||
23 | (n) Written responses, clarification requests, and | ||||||
24 | reconsideration requests. | ||||||
25 | (1) Written responses. Within 30 calendar days from | ||||||
26 | receipt of a substantiated investigative report or an |
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1 | investigative report which contains recommendations, | ||||||
2 | absent a reconsideration request, the facility or agency | ||||||
3 | shall file a written response that addresses, in a concise | ||||||
4 | and reasoned manner, the actions taken to: (i) protect the | ||||||
5 | individual; (ii) prevent recurrences; and (iii) eliminate | ||||||
6 | the problems identified. The response shall include the | ||||||
7 | implementation and completion dates of such actions. If | ||||||
8 | the written response is not filed within the allotted 30 | ||||||
9 | calendar day period, the Secretary shall determine the | ||||||
10 | appropriate corrective action to be taken. | ||||||
11 | (2) Requests for clarification. The facility, agency, | ||||||
12 | victim or guardian, or the subject employee may request | ||||||
13 | that the Office of Inspector General clarify the finding | ||||||
14 | or findings for which clarification is sought. | ||||||
15 | (3) Requests for reconsideration. The facility, | ||||||
16 | agency, victim or guardian, or the subject employee may | ||||||
17 | request that the Office of the Inspector General | ||||||
18 | reconsider the finding or findings or the recommendations. | ||||||
19 | A request for reconsideration shall be subject to a | ||||||
20 | multi-layer review and shall include at least one reviewer | ||||||
21 | who did not participate in the investigation or approval | ||||||
22 | of the original investigative report. After the | ||||||
23 | multi-layer review process has been completed, the | ||||||
24 | Inspector General shall make the final determination on | ||||||
25 | the reconsideration request. The investigation shall be | ||||||
26 | reopened if the reconsideration determination finds that |
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1 | additional information is needed to complete the | ||||||
2 | investigative record. | ||||||
3 | (o) Disclosure of the finding by the Inspector General. | ||||||
4 | The 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 |
| |||||||
| |||||||
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 | ||||||
6 | any 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 | ||||||
9 | include, but are not limited to: (i) site visits, (ii) | ||||||
10 | telephone contact, and (iii) requests for additional | ||||||
11 | documentation evidencing compliance. | ||||||
12 | (r) Sanctions. Sanctions, if imposed by the Secretary | ||||||
13 | under Subdivision (p)(iv) of this Section, shall be designed | ||||||
14 | to prevent further acts of mental abuse, physical abuse, | ||||||
15 | sexual abuse, neglect, egregious neglect, or financial | ||||||
16 | exploitation or some combination of one or more of those acts | ||||||
17 | at a facility or agency, and may include any one or more of the | ||||||
18 | following: | ||||||
19 | (1) Appointment of on-site monitors. | ||||||
20 | (2) Transfer or relocation of an individual or | ||||||
21 | individuals. | ||||||
22 | (3) Closure of units. | ||||||
23 | (4) Termination of any one or more of the following: | ||||||
24 | (i) Department licensing, (ii) funding, or (iii) | ||||||
25 | certification. | ||||||
26 | The Inspector General may seek the assistance of the |
| |||||||
| |||||||
1 | Illinois Attorney General or the office of any State's | ||||||
2 | Attorney in implementing sanctions. | ||||||
3 | (s) Health Care Worker Registry. | ||||||
4 | (1) Reporting to the Registry. The Inspector General | ||||||
5 | shall report to the Department of Public Health's Health | ||||||
6 | Care Worker Registry, a public registry, the identity and | ||||||
7 | finding of each employee of a facility or agency against | ||||||
8 | whom there is a final investigative report containing a | ||||||
9 | substantiated allegation of physical or sexual abuse, | ||||||
10 | financial exploitation, or egregious neglect of an | ||||||
11 | individual. | ||||||
12 | (2) Notice to employee. Prior to reporting the name of | ||||||
13 | an employee, the employee shall be notified of the | ||||||
14 | Department's obligation to report and shall be granted an | ||||||
15 | opportunity to request an administrative hearing, the sole | ||||||
16 | purpose of which is to determine if the substantiated | ||||||
17 | finding warrants reporting to the Registry. Notice to the | ||||||
18 | employee shall contain a clear and concise statement of | ||||||
19 | the grounds on which the report to the Registry is based, | ||||||
20 | offer the employee an opportunity for a hearing, and | ||||||
21 | identify the process for requesting such a hearing. Notice | ||||||
22 | is sufficient if provided by certified mail to the | ||||||
23 | employee's last known address. If the employee fails to | ||||||
24 | request a hearing within 30 days from the date of the | ||||||
25 | notice, the Inspector General shall report the name of the | ||||||
26 | employee to the Registry. Nothing in this subdivision |
| |||||||
| |||||||
1 | (s)(2) shall diminish or impair the rights of a person who | ||||||
2 | is a member of a collective bargaining unit under the | ||||||
3 | Illinois Public Labor Relations Act or under any other | ||||||
4 | federal labor statute. | ||||||
5 | (3) Registry hearings. If the employee requests an | ||||||
6 | administrative hearing, the employee shall be granted an | ||||||
7 | opportunity to appear before an administrative law judge | ||||||
8 | to present reasons why the employee's name should not be | ||||||
9 | reported to the Registry. The Department shall bear the | ||||||
10 | burden of presenting evidence that establishes, by a | ||||||
11 | preponderance of the evidence, that the substantiated | ||||||
12 | finding warrants reporting to the Registry. After | ||||||
13 | considering all the evidence presented, the administrative | ||||||
14 | law judge shall make a recommendation to the Secretary as | ||||||
15 | to whether the substantiated finding warrants reporting | ||||||
16 | the name of the employee to the Registry. The Secretary | ||||||
17 | shall render the final decision. The Department and the | ||||||
18 | employee shall have the right to request that the | ||||||
19 | administrative law judge consider a stipulated disposition | ||||||
20 | of these proceedings. | ||||||
21 | (4) Testimony at Registry hearings. A person who makes | ||||||
22 | a report or who investigates a report under this Act shall | ||||||
23 | testify fully in any judicial proceeding resulting from | ||||||
24 | such a report, as to any evidence of abuse or neglect, or | ||||||
25 | the cause thereof. No evidence shall be excluded by reason | ||||||
26 | of any common law or statutory privilege relating to |
| |||||||
| |||||||
1 | communications between the alleged perpetrator of abuse or | ||||||
2 | neglect, or the individual alleged as the victim in the | ||||||
3 | report, and the person making or investigating the report. | ||||||
4 | Testimony at hearings is exempt from the confidentiality | ||||||
5 | requirements of subsection (f) of Section 10 of the Mental | ||||||
6 | Health and Developmental Disabilities Confidentiality Act. | ||||||
7 | (5) Employee's rights to collateral action. No | ||||||
8 | reporting to the Registry shall occur and no hearing shall | ||||||
9 | be set or proceed if an employee notifies the Inspector | ||||||
10 | General in writing, including any supporting | ||||||
11 | documentation, that he or she is formally contesting an | ||||||
12 | adverse employment action resulting from a substantiated | ||||||
13 | finding by complaint filed with the Illinois Civil Service | ||||||
14 | Commission, or which otherwise seeks to enforce the | ||||||
15 | employee's rights pursuant to any applicable collective | ||||||
16 | bargaining agreement. If an action taken by an employer | ||||||
17 | against an employee as a result of a finding of physical | ||||||
18 | abuse, sexual abuse, or egregious neglect is overturned | ||||||
19 | through an action filed with the Illinois Civil Service | ||||||
20 | Commission or under any applicable collective bargaining | ||||||
21 | agreement and if that employee's name has already been | ||||||
22 | sent to the Registry, the employee's name shall be removed | ||||||
23 | from the Registry. | ||||||
24 | (6) Removal from Registry. At any time after the | ||||||
25 | report to the Registry, but no more than once in any | ||||||
26 | 12-month period, an employee may petition the Department |
| |||||||
| |||||||
1 | in writing to remove his or her name from the Registry. | ||||||
2 | Upon receiving notice of such request, the Inspector | ||||||
3 | General shall conduct an investigation into the petition. | ||||||
4 | Upon receipt of such request, an administrative hearing | ||||||
5 | will be set by the Department. At the hearing, the | ||||||
6 | employee shall bear the burden of presenting evidence that | ||||||
7 | establishes, by a preponderance of the evidence, that | ||||||
8 | removal of the name from the Registry is in the public | ||||||
9 | interest. The parties may jointly request that the | ||||||
10 | administrative law judge consider a stipulated disposition | ||||||
11 | of these proceedings. | ||||||
12 | (t) Review of Administrative Decisions. The Department | ||||||
13 | shall preserve a record of all proceedings at any formal | ||||||
14 | hearing conducted by the Department involving Health Care | ||||||
15 | Worker Registry hearings. Final administrative decisions of | ||||||
16 | the Department are subject to judicial review pursuant to | ||||||
17 | provisions of the Administrative Review Law. | ||||||
18 | (u) Quality Care Board. There is created, within the | ||||||
19 | Office of the Inspector General, a Quality Care Board to be | ||||||
20 | composed of 7 members appointed by the Governor with the | ||||||
21 | advice and consent of the Senate. One of the members shall be | ||||||
22 | designated as chairman by the Governor. Of the initial | ||||||
23 | appointments made by the Governor, 4 Board members shall each | ||||||
24 | be appointed for a term of 4 years and 3 members shall each be | ||||||
25 | appointed for a term of 2 years. Upon the expiration of each | ||||||
26 | member's term, a successor shall be appointed for a term of 4 |
| |||||||
| |||||||
1 | years. In the case of a vacancy in the office of any member, | ||||||
2 | the Governor shall appoint a successor for the remainder of | ||||||
3 | the unexpired term. | ||||||
4 | Members appointed by the Governor shall be qualified by | ||||||
5 | professional knowledge or experience in the area of law, | ||||||
6 | investigatory techniques, or in the area of care of the | ||||||
7 | mentally ill or care of persons with developmental | ||||||
8 | disabilities. Two members appointed by the Governor shall be | ||||||
9 | persons with a disability or parents of persons with a | ||||||
10 | disability. Members shall serve without compensation, but | ||||||
11 | shall be reimbursed for expenses incurred in connection with | ||||||
12 | the performance of their duties as members. | ||||||
13 | The Board shall meet quarterly, and may hold other | ||||||
14 | meetings on the call of the chairman. Four members shall | ||||||
15 | constitute a quorum allowing the Board to conduct its | ||||||
16 | business. The Board may adopt rules and regulations it deems | ||||||
17 | necessary to govern its own procedures. | ||||||
18 | The Board shall monitor and oversee the operations, | ||||||
19 | policies, and procedures of the Inspector General to ensure | ||||||
20 | the prompt and thorough investigation of allegations of | ||||||
21 | neglect and abuse. In fulfilling these responsibilities, the | ||||||
22 | Board may do the following: | ||||||
23 | (1) Provide independent, expert consultation to the | ||||||
24 | Inspector General on policies and protocols for | ||||||
25 | investigations of alleged abuse, neglect, or both abuse | ||||||
26 | and neglect. |
| |||||||
| |||||||
1 | (2) Review existing regulations relating to the | ||||||
2 | operation of facilities. | ||||||
3 | (3) Advise the Inspector General as to the content of | ||||||
4 | training activities authorized under this Section. | ||||||
5 | (4) Recommend policies concerning methods for | ||||||
6 | improving the intergovernmental relationships between the | ||||||
7 | Office of the Inspector General and other State or federal | ||||||
8 | offices. | ||||||
9 | (v) Annual report. The Inspector General shall provide to | ||||||
10 | the General Assembly and the Governor, no later than January 1 | ||||||
11 | of each year, a summary of reports and investigations made | ||||||
12 | under this Act for the prior fiscal year with respect to | ||||||
13 | individuals receiving mental health or developmental | ||||||
14 | disabilities services. The report shall detail the imposition | ||||||
15 | of sanctions, if any, and the final disposition of any | ||||||
16 | corrective or administrative action directed by the Secretary. | ||||||
17 | The summaries shall not contain any confidential or | ||||||
18 | identifying information of any individual, but shall include | ||||||
19 | objective data identifying any trends in the number of | ||||||
20 | reported allegations, the timeliness of the Office of the | ||||||
21 | Inspector General's investigations, and their disposition, for | ||||||
22 | each facility and Department-wide, for the most recent 3-year | ||||||
23 | time period. The report shall also identify, by facility, the | ||||||
24 | staff-to-patient ratios taking account of direct care staff | ||||||
25 | only. The report shall also include detailed recommended | ||||||
26 | administrative actions and matters for consideration by the |
| |||||||
| |||||||
1 | General Assembly. | ||||||
2 | (w) Program audit. The Auditor General shall conduct a | ||||||
3 | program audit of the Office of the Inspector General on an | ||||||
4 | as-needed basis, as determined by the Auditor General. The | ||||||
5 | audit shall specifically include the Inspector General's | ||||||
6 | compliance with the Act and effectiveness in investigating | ||||||
7 | reports of allegations occurring in any facility or agency. | ||||||
8 | The Auditor General shall conduct the program audit according | ||||||
9 | to the provisions of the Illinois State Auditing Act and shall | ||||||
10 | report its findings to the General Assembly no later than | ||||||
11 | January 1 following the audit period.
| ||||||
12 | (x) Nothing in this Section shall be construed to mean | ||||||
13 | that an individual is a victim of abuse or neglect because of | ||||||
14 | health care services appropriately provided or not provided by | ||||||
15 | health care professionals. | ||||||
16 | (y) Nothing in this Section shall require a facility, | ||||||
17 | including its employees, agents, medical staff members, and | ||||||
18 | health care professionals, to provide a service to an | ||||||
19 | individual in contravention of that individual's stated or | ||||||
20 | implied objection to the provision of that service on the | ||||||
21 | ground that that service conflicts with the individual's | ||||||
22 | religious beliefs or practices, nor shall the failure to | ||||||
23 | provide a service to an individual be considered abuse under | ||||||
24 | this Section if the individual has objected to the provision | ||||||
25 | of that service based on his or her religious beliefs or | ||||||
26 | practices.
|
| |||||||
| |||||||
1 | (Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.)
| ||||||
2 | (20 ILCS 2712/Act rep.) | ||||||
3 | Section 15. The Broadband Access on Passenger Rail Law is | ||||||
4 | repealed. | ||||||
5 | (20 ILCS 3930/7.6 rep.) | ||||||
6 | Section 20. The Illinois Criminal Justice Information Act | ||||||
7 | is amended by repealing Section 7.6. | ||||||
8 | (20 ILCS 5035/Act rep.) | ||||||
9 | Section 25. The Illinois Human Services Commission Act is | ||||||
10 | repealed. | ||||||
11 | (30 ILCS 105/5h rep.) | ||||||
12 | Section 30. The State Finance Act is amended by repealing | ||||||
13 | Section 5h. | ||||||
14 | Section 35. The Illinois Procurement Code is amended by | ||||||
15 | changing Section 25-55 as follows:
| ||||||
16 | (30 ILCS 500/25-55)
| ||||||
17 | Sec. 25-55. Annual reports. Every printed annual report
| ||||||
18 | produced by a State agency
shall bear a statement indicating | ||||||
19 | whether it was printed by the
State of Illinois or by contract
| ||||||
20 | and indicating the printing cost per copy and the number of |
| |||||||
| |||||||
1 | copies
printed. The Department
of Central Management Services | ||||||
2 | shall prepare and submit to the
General Assembly on the fourth
| ||||||
3 | Wednesday of January in each year a report setting forth with
| ||||||
4 | respect to each State agency for
the calendar year immediately | ||||||
5 | preceding the calendar year in which
the report is filed the | ||||||
6 | total
quantity of annual reports printed, the total cost, and | ||||||
7 | the cost
per copy and the cost per page of the
annual report of | ||||||
8 | the State agency printed during the calendar year
covered by | ||||||
9 | the report.
| ||||||
10 | (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| ||||||
11 | (205 ILCS 405/3.2 rep.)
| ||||||
12 | Section 40. The Currency Exchange Act is amended by | ||||||
13 | repealing Section 3.2. | ||||||
14 | Section 45. The Grain Code is amended by changing Section | ||||||
15 | 30-25 as follows:
| ||||||
16 | (240 ILCS 40/30-25)
| ||||||
17 | Sec. 30-25. Grain Insurance Reserve Fund. Upon payment in | ||||||
18 | full of all
money that has been transferred to the Fund prior | ||||||
19 | to June 30, 2003 from the
General Revenue Fund as provided for | ||||||
20 | under subsection (h) of Section 25-20, the
State of Illinois | ||||||
21 | shall , subject to appropriation, remit $2,000,000 to the | ||||||
22 | Corporation to be held in a
separate and discrete account to be | ||||||
23 | used to the extent the assets in the Fund
are insufficient to |
| |||||||
| |||||||
1 | satisfy claimants as payment of their claims become due as
set | ||||||
2 | forth in subsection (h) of Section 25-20. The remittance of | ||||||
3 | the $2,000,000
reserve shall be made to the Corporation within | ||||||
4 | 60 days of payment in full of
all money transferred to the Fund | ||||||
5 | as set forth above in this Section
30-25. All income received | ||||||
6 | by the Reserve Fund shall be deposited in the Fund
within 35 | ||||||
7 | days of the end of each calendar quarter.
| ||||||
8 | (Source: P.A. 93-225, eff. 7-21-03.)
| ||||||
9 | Section 50. The Community Services Act is amended by | ||||||
10 | changing Section 4 as follows:
| ||||||
11 | (405 ILCS 30/4) (from Ch. 91 1/2, par. 904)
| ||||||
12 | Sec. 4. Financing for community services. | ||||||
13 | (a) The Department of Human Services
is authorized to
| ||||||
14 | provide financial reimbursement to eligible private service | ||||||
15 | providers,
corporations, local government entities or | ||||||
16 | voluntary associations for the
provision of services to | ||||||
17 | persons with mental illness, persons with a
developmental | ||||||
18 | disability, and persons with substance use disorders who are | ||||||
19 | living in the
community for the purpose of achieving the goals | ||||||
20 | of this Act.
| ||||||
21 | The Department shall utilize the following funding | ||||||
22 | mechanisms for community
services:
| ||||||
23 | (1) Purchase of Care Contracts: services purchased on | ||||||
24 | a predetermined fee
per unit of service basis from private |
| |||||||
| |||||||
1 | providers or governmental entities. Fee
per service rates | ||||||
2 | are set by an established formula which covers some | ||||||
3 | portion
of personnel, supplies, and other allowable costs, | ||||||
4 | and which makes some
allowance for geographic variations | ||||||
5 | in costs as well as for additional program
components.
| ||||||
6 | (2) Grants: sums of money which the Department grants | ||||||
7 | to private providers or
governmental
entities pursuant to | ||||||
8 | the grant recipient's agreement to provide certain
| ||||||
9 | services, as defined by departmental grant guidelines, to | ||||||
10 | an
approximate number of service
recipients. Grant levels | ||||||
11 | are set through consideration of personnel, supply and
| ||||||
12 | other allowable costs, as well as other funds available to | ||||||
13 | the program.
| ||||||
14 | (3) Other Funding Arrangements: funding mechanisms may | ||||||
15 | be established
on a pilot basis in order to examine the | ||||||
16 | feasibility of alternative financing
arrangements for the | ||||||
17 | provision of community services.
| ||||||
18 | The Department shall establish and maintain an equitable | ||||||
19 | system of
payment
which allows providers to improve persons | ||||||
20 | with disabilities'
capabilities for
independence and reduces | ||||||
21 | their reliance on State-operated
services. | ||||||
22 | For services classified as entitlement services under | ||||||
23 | federal law or guidelines, caps may not be placed on the total | ||||||
24 | amount of payment a provider may receive in a fiscal year and | ||||||
25 | the Department shall not require that a portion of the | ||||||
26 | payments due be made in a subsequent fiscal year based on a |
| |||||||
| |||||||
1 | yearly payment cap. | ||||||
2 | (b) (Blank). The Governor shall create a commission by | ||||||
3 | September 1, 2009, or as soon thereafter as possible, to | ||||||
4 | review funding methodologies, identify gaps in funding, | ||||||
5 | identify revenue, and prioritize use of that revenue for | ||||||
6 | community developmental disability services, mental health | ||||||
7 | services, alcohol and substance abuse services, rehabilitation | ||||||
8 | services, and early intervention services. The Office of the | ||||||
9 | Governor shall provide staff support for the commission. | ||||||
10 | (c) (Blank). The first meeting of the commission shall be | ||||||
11 | held within the first month after the creation and appointment | ||||||
12 | of the commission, and a final report summarizing the | ||||||
13 | commission's recommendations must be issued within 12 months | ||||||
14 | after the first meeting, and no later than September 1, 2010, | ||||||
15 | to the Governor and the General Assembly. | ||||||
16 | (d) (Blank). The commission shall have the following 13 | ||||||
17 | voting members: | ||||||
18 | (A) one member of the House of Representatives, | ||||||
19 | appointed by the Speaker of the House of Representatives; | ||||||
20 | (B) one member of the House of Representatives, | ||||||
21 | appointed by the House Minority Leader; | ||||||
22 | (C) one member of the Senate, appointed by the | ||||||
23 | President of the Senate; | ||||||
24 | (D) one member of the Senate, appointed by the Senate | ||||||
25 | Minority Leader; | ||||||
26 | (E) one person with a developmental disability, or a |
| |||||||
| |||||||
1 | family member or guardian of such a person, appointed by | ||||||
2 | the Governor; | ||||||
3 | (F) one person with a mental illness, or a family | ||||||
4 | member or guardian of such a person, appointed by the | ||||||
5 | Governor; | ||||||
6 | (G) two persons from unions that represent employees | ||||||
7 | of community providers that serve people with | ||||||
8 | developmental disabilities, mental illness, and alcohol | ||||||
9 | and substance abuse disorders, appointed by the Governor; | ||||||
10 | and | ||||||
11 | (H) five persons from statewide associations that | ||||||
12 | represent community providers that provide residential, | ||||||
13 | day training, and other developmental disability services, | ||||||
14 | mental health services, alcohol and substance abuse | ||||||
15 | services, rehabilitation services, or early intervention | ||||||
16 | services, or any combination of those, appointed by the | ||||||
17 | Governor. | ||||||
18 | The commission shall also have the following ex-officio, | ||||||
19 | nonvoting members: | ||||||
20 | (I) the Director of the Governor's Office of | ||||||
21 | Management and Budget or his or her designee; | ||||||
22 | (J) the Chief Financial Officer of the Department of | ||||||
23 | Human Services or his or her designee; | ||||||
24 | (K) the Administrator of the Department of Healthcare | ||||||
25 | and Family Services Division of Finance or his or her | ||||||
26 | designee; |
| |||||||
| |||||||
1 | (L) the Director of the Department of Human Services | ||||||
2 | Division of Developmental Disabilities or his or her | ||||||
3 | designee; | ||||||
4 | (M) the Director of the Department of Human Services | ||||||
5 | Division of Mental Health or his or her designee;
and | ||||||
6 | (N) the Director of the Department of Human Services | ||||||
7 | Division of Alcoholism and Substance Abuse or his or her | ||||||
8 | designee. | ||||||
9 | (e) The funding methodologies must reflect economic | ||||||
10 | factors inherent in providing services and supports, recognize | ||||||
11 | individual disability needs, and consider geographic | ||||||
12 | differences, transportation costs, required staffing ratios, | ||||||
13 | and mandates not currently funded.
| ||||||
14 | (f) In accepting Department funds, providers shall | ||||||
15 | recognize
their responsibility to be
accountable to the | ||||||
16 | Department and the State for the delivery of services
which | ||||||
17 | are consistent
with the philosophies and goals of this Act and | ||||||
18 | the rules and regulations
promulgated under it.
| ||||||
19 | (Source: P.A. 100-759, eff. 1-1-19 .)
| ||||||
20 | (730 ILCS 5/3-5-3 rep.)
| ||||||
21 | (730 ILCS 5/5-8-1.3 rep.)
| ||||||
22 | Section 55. The Unified Code of Corrections is amended by | ||||||
23 | repealing Sections 3-5-3 and 5-8-1.3. | ||||||
24 | Section 60. The Workers' Compensation Act is amended by |
| |||||||
| |||||||
1 | changing Section 18.1 as follows: | ||||||
2 | (820 ILCS 305/18.1) | ||||||
3 | Sec. 18.1. Claims by former and current employees of the | ||||||
4 | Commission. All claims by current and former employees and | ||||||
5 | appointees of the Commission shall be assigned to a certified | ||||||
6 | independent arbitrator not employed by the Commission | ||||||
7 | designated by the Chairman. In preparing the roster of | ||||||
8 | approved certified independent arbitrators, the Chairman shall | ||||||
9 | seek the advice and recommendation of the Commission or the | ||||||
10 | Workers' Compensation Advisory Board at his or her discretion. | ||||||
11 | The Chairman shall designate an arbitrator from a list of | ||||||
12 | approved certified arbitrators provided by the Commission | ||||||
13 | Review Board. If the Chairman is the claimant, then the | ||||||
14 | independent arbitrator from the approved list shall be | ||||||
15 | designated by the longest serving Commissioner. The designated | ||||||
16 | independent arbitrator shall have the authority of arbitrators | ||||||
17 | of the Commission regarding settlement and adjudication of the | ||||||
18 | claim of the current and former employees and appointees of | ||||||
19 | the Commission. The decision of the independent arbitrator | ||||||
20 | shall become the decision of the Commission. An appeal of the | ||||||
21 | independent arbitrator's decision shall be subject to judicial | ||||||
22 | review in accordance with subsection (f) of Section 19.
| ||||||
23 | (Source: P.A. 97-18, eff. 6-28-11.)
| ||||||
24 | (820 ILCS 305/14.1 rep.)
|
| |||||||
| |||||||
1 | Section 65. The Workers' Compensation Act is amended by | ||||||
2 | repealing Section 14.1.
| ||||||
3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law.".
|