Sen. Napoleon Harris, III
Filed: 3/18/2022
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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 | "Section 5. The Illinois Act on the Aging is amended by | ||||||
5 | changing Section 4.02 as follows:
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6 | (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
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7 | Sec. 4.02. Community Care Program. The Department shall | ||||||
8 | establish a program of services to
prevent unnecessary | ||||||
9 | institutionalization of persons age 60 and older in
need of | ||||||
10 | long term care or who are established as persons who suffer | ||||||
11 | from
Alzheimer's disease or a related disorder under the | ||||||
12 | Alzheimer's Disease
Assistance Act, thereby enabling them
to | ||||||
13 | remain in their own homes or in other living arrangements. | ||||||
14 | Such
preventive services, which may be coordinated with other | ||||||
15 | programs for the
aged and monitored by area agencies on aging | ||||||
16 | in cooperation with the
Department, may include, but are not |
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1 | limited to, any or all of the following:
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2 | (a) (blank);
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3 | (b) (blank);
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4 | (c) home care aide services;
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5 | (d) personal assistant services;
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6 | (e) adult day services;
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7 | (f) home-delivered meals;
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8 | (g) education in self-care;
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9 | (h) personal care services;
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10 | (i) adult day health services;
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11 | (j) habilitation services;
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12 | (k) respite care;
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13 | (k-5) community reintegration services;
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14 | (k-6) flexible senior services; | ||||||
15 | (k-7) medication management; | ||||||
16 | (k-8) emergency home response;
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17 | (l) other nonmedical social services that may enable | ||||||
18 | the person
to become self-supporting; or
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19 | (m) clearinghouse for information provided by senior | ||||||
20 | citizen home owners
who want to rent rooms to or share | ||||||
21 | living space with other senior citizens.
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22 | The Department shall establish eligibility standards for | ||||||
23 | such
services. In determining the amount and nature of | ||||||
24 | services
for which a person may qualify, consideration shall | ||||||
25 | not be given to the
value of cash, property or other assets | ||||||
26 | held in the name of the person's
spouse pursuant to a written |
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1 | agreement dividing marital property into equal
but separate | ||||||
2 | shares or pursuant to a transfer of the person's interest in a
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3 | home to his spouse, provided that the spouse's share of the | ||||||
4 | marital
property is not made available to the person seeking | ||||||
5 | such services.
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6 | Beginning January 1, 2008, the Department shall require as | ||||||
7 | a condition of eligibility that all new financially eligible | ||||||
8 | applicants apply for and enroll in medical assistance under | ||||||
9 | Article V of the Illinois Public Aid Code in accordance with | ||||||
10 | rules promulgated by the Department.
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11 | The Department shall, in conjunction with the Department | ||||||
12 | of Public Aid (now Department of Healthcare and Family | ||||||
13 | Services),
seek appropriate amendments under Sections 1915 and | ||||||
14 | 1924 of the Social
Security Act. The purpose of the amendments | ||||||
15 | shall be to extend eligibility
for home and community based | ||||||
16 | services under Sections 1915 and 1924 of the
Social Security | ||||||
17 | Act to persons who transfer to or for the benefit of a
spouse | ||||||
18 | those amounts of income and resources allowed under Section | ||||||
19 | 1924 of
the Social Security Act. Subject to the approval of | ||||||
20 | such amendments, the
Department shall extend the provisions of | ||||||
21 | Section 5-4 of the Illinois
Public Aid Code to persons who, but | ||||||
22 | for the provision of home or
community-based services, would | ||||||
23 | require the level of care provided in an
institution, as is | ||||||
24 | provided for in federal law. Those persons no longer
found to | ||||||
25 | be eligible for receiving noninstitutional services due to | ||||||
26 | changes
in the eligibility criteria shall be given 45 days |
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1 | notice prior to actual
termination. Those persons receiving | ||||||
2 | notice of termination may contact the
Department and request | ||||||
3 | the determination be appealed at any time during the
45 day | ||||||
4 | notice period. The target
population identified for the | ||||||
5 | purposes of this Section are persons age 60
and older with an | ||||||
6 | identified service need. Priority shall be given to those
who | ||||||
7 | are at imminent risk of institutionalization. The services | ||||||
8 | shall be
provided to eligible persons age 60 and older to the | ||||||
9 | extent that the cost
of the services together with the other | ||||||
10 | personal maintenance
expenses of the persons are reasonably | ||||||
11 | related to the standards
established for care in a group | ||||||
12 | facility appropriate to the person's
condition. These | ||||||
13 | non-institutional services, pilot projects or
experimental | ||||||
14 | facilities may be provided as part of or in addition to
those | ||||||
15 | authorized by federal law or those funded and administered by | ||||||
16 | the
Department of Human Services. The Departments of Human | ||||||
17 | Services, Healthcare and Family Services,
Public Health, | ||||||
18 | Veterans' Affairs, and Commerce and Economic Opportunity and
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19 | other appropriate agencies of State, federal and local | ||||||
20 | governments shall
cooperate with the Department on Aging in | ||||||
21 | the establishment and development
of the non-institutional | ||||||
22 | services. The Department shall require an annual
audit from | ||||||
23 | all personal assistant
and home care aide vendors contracting | ||||||
24 | with
the Department under this Section. The annual audit shall | ||||||
25 | assure that each
audited vendor's procedures are in compliance | ||||||
26 | with Department's financial
reporting guidelines requiring an |
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1 | administrative and employee wage and benefits cost split as | ||||||
2 | defined in administrative rules. The audit is a public record | ||||||
3 | under
the Freedom of Information Act. The Department shall | ||||||
4 | execute, relative to
the nursing home prescreening project, | ||||||
5 | written inter-agency
agreements with the Department of Human | ||||||
6 | Services and the Department
of Healthcare and Family Services, | ||||||
7 | to effect the following: (1) intake procedures and common
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8 | eligibility criteria for those persons who are receiving | ||||||
9 | non-institutional
services; and (2) the establishment and | ||||||
10 | development of non-institutional
services in areas of the | ||||||
11 | State where they are not currently available or are
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12 | undeveloped. On and after July 1, 1996, all nursing home | ||||||
13 | prescreenings for
individuals 60 years of age or older shall | ||||||
14 | be conducted by the Department.
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15 | As part of the Department on Aging's routine training of | ||||||
16 | case managers and case manager supervisors, the Department may | ||||||
17 | include information on family futures planning for persons who | ||||||
18 | are age 60 or older and who are caregivers of their adult | ||||||
19 | children with developmental disabilities. The content of the | ||||||
20 | training shall be at the Department's discretion. | ||||||
21 | The Department is authorized to establish a system of | ||||||
22 | recipient copayment
for services provided under this Section, | ||||||
23 | such copayment to be based upon
the recipient's ability to pay | ||||||
24 | but in no case to exceed the actual cost of
the services | ||||||
25 | provided. Additionally, any portion of a person's income which
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26 | is equal to or less than the federal poverty standard shall not |
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1 | be
considered by the Department in determining the copayment. | ||||||
2 | The level of
such copayment shall be adjusted whenever | ||||||
3 | necessary to reflect any change
in the officially designated | ||||||
4 | federal poverty standard.
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5 | The Department, or the Department's authorized | ||||||
6 | representative, may
recover the amount of moneys expended for | ||||||
7 | services provided to or in
behalf of a person under this | ||||||
8 | Section by a claim against the person's
estate or against the | ||||||
9 | estate of the person's surviving spouse, but no
recovery may | ||||||
10 | be had until after the death of the surviving spouse, if
any, | ||||||
11 | and then only at such time when there is no surviving child who
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12 | is under age 21 or blind or who has a permanent and total | ||||||
13 | disability. This
paragraph, however, shall not bar recovery, | ||||||
14 | at the death of the person, of
moneys for services provided to | ||||||
15 | the person or in behalf of the person under
this Section to | ||||||
16 | which the person was not entitled;
provided that such recovery | ||||||
17 | shall not be enforced against any real estate while
it is | ||||||
18 | occupied as a homestead by the surviving spouse or other | ||||||
19 | dependent, if no
claims by other creditors have been filed | ||||||
20 | against the estate, or, if such
claims have been filed, they | ||||||
21 | remain dormant for failure of prosecution or
failure of the | ||||||
22 | claimant to compel administration of the estate for the | ||||||
23 | purpose
of payment. This paragraph shall not bar recovery from | ||||||
24 | the estate of a spouse,
under Sections 1915 and 1924 of the | ||||||
25 | Social Security Act and Section 5-4 of the
Illinois Public Aid | ||||||
26 | Code, who precedes a person receiving services under this
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1 | Section in death. All moneys for services
paid to or in behalf | ||||||
2 | of the person under this Section shall be claimed for
recovery | ||||||
3 | from the deceased spouse's estate. "Homestead", as used
in | ||||||
4 | this paragraph, means the dwelling house and
contiguous real | ||||||
5 | estate occupied by a surviving spouse
or relative, as defined | ||||||
6 | by the rules and regulations of the Department of Healthcare | ||||||
7 | and Family Services, regardless of the value of the property.
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8 | The Department shall increase the effectiveness of the | ||||||
9 | existing Community Care Program by: | ||||||
10 | (1) ensuring that in-home services included in the | ||||||
11 | care plan are available on evenings and weekends; | ||||||
12 | (2) ensuring that care plans contain the services that | ||||||
13 | eligible participants
need based on the number of days in | ||||||
14 | a month, not limited to specific blocks of time, as | ||||||
15 | identified by the comprehensive assessment tool selected | ||||||
16 | by the Department for use statewide, not to exceed the | ||||||
17 | total monthly service cost maximum allowed for each | ||||||
18 | service; the Department shall develop administrative rules | ||||||
19 | to implement this item (2); | ||||||
20 | (3) ensuring that the participants have the right to | ||||||
21 | choose the services contained in their care plan and to | ||||||
22 | direct how those services are provided, based on | ||||||
23 | administrative rules established by the Department; | ||||||
24 | (4) ensuring that the determination of need tool is | ||||||
25 | accurate in determining the participants' level of need; | ||||||
26 | to achieve this, the Department, in conjunction with the |
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1 | Older Adult Services Advisory Committee, shall institute a | ||||||
2 | study of the relationship between the Determination of | ||||||
3 | Need scores, level of need, service cost maximums, and the | ||||||
4 | development and utilization of service plans no later than | ||||||
5 | May 1, 2008; findings and recommendations shall be | ||||||
6 | presented to the Governor and the General Assembly no | ||||||
7 | later than January 1, 2009; recommendations shall include | ||||||
8 | all needed changes to the service cost maximums schedule | ||||||
9 | and additional covered services; | ||||||
10 | (5) ensuring that homemakers can provide personal care | ||||||
11 | services that may or may not involve contact with clients, | ||||||
12 | including but not limited to: | ||||||
13 | (A) bathing; | ||||||
14 | (B) grooming; | ||||||
15 | (C) toileting; | ||||||
16 | (D) nail care; | ||||||
17 | (E) transferring; | ||||||
18 | (F) respiratory services; | ||||||
19 | (G) exercise; or | ||||||
20 | (H) positioning; | ||||||
21 | (6) ensuring that homemaker program vendors are not | ||||||
22 | restricted from hiring homemakers who are family members | ||||||
23 | of clients or recommended by clients; the Department may | ||||||
24 | not, by rule or policy, require homemakers who are family | ||||||
25 | members of clients or recommended by clients to accept | ||||||
26 | assignments in homes other than the client; |
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1 | (7) ensuring that the State may access maximum federal | ||||||
2 | matching funds by seeking approval for the Centers for | ||||||
3 | Medicare and Medicaid Services for modifications to the | ||||||
4 | State's home and community based services waiver and | ||||||
5 | additional waiver opportunities, including applying for | ||||||
6 | enrollment in the Balance Incentive Payment Program by May | ||||||
7 | 1, 2013, in order to maximize federal matching funds; this | ||||||
8 | shall include, but not be limited to, modification that | ||||||
9 | reflects all changes in the Community Care Program | ||||||
10 | services and all increases in the services cost maximum; | ||||||
11 | (8) ensuring that the determination of need tool | ||||||
12 | accurately reflects the service needs of individuals with | ||||||
13 | Alzheimer's disease and related dementia disorders; | ||||||
14 | (9) ensuring that services are authorized accurately | ||||||
15 | and consistently for the Community Care Program (CCP); the | ||||||
16 | Department shall implement a Service Authorization policy | ||||||
17 | directive; the purpose shall be to ensure that eligibility | ||||||
18 | and services are authorized accurately and consistently in | ||||||
19 | the CCP program; the policy directive shall clarify | ||||||
20 | service authorization guidelines to Care Coordination | ||||||
21 | Units and Community Care Program providers no later than | ||||||
22 | May 1, 2013; | ||||||
23 | (10) working in conjunction with Care Coordination | ||||||
24 | Units, the Department of Healthcare and Family Services, | ||||||
25 | the Department of Human Services, Community Care Program | ||||||
26 | providers, and other stakeholders to make improvements to |
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1 | the Medicaid claiming processes and the Medicaid | ||||||
2 | enrollment procedures or requirements as needed, | ||||||
3 | including, but not limited to, specific policy changes or | ||||||
4 | rules to improve the up-front enrollment of participants | ||||||
5 | in the Medicaid program and specific policy changes or | ||||||
6 | rules to insure more prompt submission of bills to the | ||||||
7 | federal government to secure maximum federal matching | ||||||
8 | dollars as promptly as possible; the Department on Aging | ||||||
9 | shall have at least 3 meetings with stakeholders by | ||||||
10 | January 1, 2014 in order to address these improvements; | ||||||
11 | (11) requiring home care service providers to comply | ||||||
12 | with the rounding of hours worked provisions under the | ||||||
13 | federal Fair Labor Standards Act (FLSA) and as set forth | ||||||
14 | in 29 CFR 785.48(b) by May 1, 2013; | ||||||
15 | (12) implementing any necessary policy changes or | ||||||
16 | promulgating any rules, no later than January 1, 2014, to | ||||||
17 | assist the Department of Healthcare and Family Services in | ||||||
18 | moving as many participants as possible, consistent with | ||||||
19 | federal regulations, into coordinated care plans if a care | ||||||
20 | coordination plan that covers long term care is available | ||||||
21 | in the recipient's area; and | ||||||
22 | (13) maintaining fiscal year 2014 rates at the same | ||||||
23 | level established on January 1, 2013. | ||||||
24 | By January 1, 2009 or as soon after the end of the Cash and | ||||||
25 | Counseling Demonstration Project as is practicable, the | ||||||
26 | Department may, based on its evaluation of the demonstration |
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1 | project, promulgate rules concerning personal assistant | ||||||
2 | services, to include, but need not be limited to, | ||||||
3 | qualifications, employment screening, rights under fair labor | ||||||
4 | standards, training, fiduciary agent, and supervision | ||||||
5 | requirements. All applicants shall be subject to the | ||||||
6 | provisions of the Health Care Worker Background Check Act.
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7 | The Department shall develop procedures to enhance | ||||||
8 | availability of
services on evenings, weekends, and on an | ||||||
9 | emergency basis to meet the
respite needs of caregivers. | ||||||
10 | Procedures shall be developed to permit the
utilization of | ||||||
11 | services in successive blocks of 24 hours up to the monthly
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12 | maximum established by the Department. Workers providing these | ||||||
13 | services
shall be appropriately trained.
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14 | Beginning on the effective date of this amendatory Act of | ||||||
15 | 1991, no person
may perform chore/housekeeping and home care | ||||||
16 | aide services under a program
authorized by this Section | ||||||
17 | unless that person has been issued a certificate
of | ||||||
18 | pre-service to do so by his or her employing agency. | ||||||
19 | Information
gathered to effect such certification shall | ||||||
20 | include (i) the person's name,
(ii) the date the person was | ||||||
21 | hired by his or her current employer, and
(iii) the training, | ||||||
22 | including dates and levels. Persons engaged in the
program | ||||||
23 | authorized by this Section before the effective date of this
| ||||||
24 | amendatory Act of 1991 shall be issued a certificate of all | ||||||
25 | pre- and
in-service training from his or her employer upon | ||||||
26 | submitting the necessary
information. The employing agency |
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1 | shall be required to retain records of
all staff pre- and | ||||||
2 | in-service training, and shall provide such records to
the | ||||||
3 | Department upon request and upon termination of the employer's | ||||||
4 | contract
with the Department. In addition, the employing | ||||||
5 | agency is responsible for
the issuance of certifications of | ||||||
6 | in-service training completed to their
employees.
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7 | The Department is required to develop a system to ensure | ||||||
8 | that persons
working as home care aides and personal | ||||||
9 | assistants
receive increases in their
wages when the federal | ||||||
10 | minimum wage is increased by requiring vendors to
certify that | ||||||
11 | they are meeting the federal minimum wage statute for home | ||||||
12 | care aides
and personal assistants. An employer that cannot | ||||||
13 | ensure that the minimum
wage increase is being given to home | ||||||
14 | care aides and personal assistants
shall be denied any | ||||||
15 | increase in reimbursement costs.
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16 | The Community Care Program Advisory Committee is created | ||||||
17 | in the Department on Aging. The Director shall appoint | ||||||
18 | individuals to serve in the Committee, who shall serve at | ||||||
19 | their own expense. Members of the Committee must abide by all | ||||||
20 | applicable ethics laws. The Committee shall advise the | ||||||
21 | Department on issues related to the Department's program of | ||||||
22 | services to prevent unnecessary institutionalization. The | ||||||
23 | Committee shall meet on a bi-monthly basis and shall serve to | ||||||
24 | identify and advise the Department on present and potential | ||||||
25 | issues affecting the service delivery network, the program's | ||||||
26 | clients, and the Department and to recommend solution |
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1 | strategies. Persons appointed to the Committee shall be | ||||||
2 | appointed on, but not limited to, their own and their agency's | ||||||
3 | experience with the program, geographic representation, and | ||||||
4 | willingness to serve. The Director shall appoint members to | ||||||
5 | the Committee to represent provider, advocacy, policy | ||||||
6 | research, and other constituencies committed to the delivery | ||||||
7 | of high quality home and community-based services to older | ||||||
8 | adults. Representatives shall be appointed to ensure | ||||||
9 | representation from community care providers including, but | ||||||
10 | not limited to, adult day service providers, homemaker | ||||||
11 | providers, case coordination and case management units, | ||||||
12 | emergency home response providers, statewide trade or labor | ||||||
13 | unions that represent home care
aides and direct care staff, | ||||||
14 | area agencies on aging, adults over age 60, membership | ||||||
15 | organizations representing older adults, and other | ||||||
16 | organizational entities, providers of care, or individuals | ||||||
17 | with demonstrated interest and expertise in the field of home | ||||||
18 | and community care as determined by the Director. | ||||||
19 | Nominations may be presented from any agency or State | ||||||
20 | association with interest in the program. The Director, or his | ||||||
21 | or her designee, shall serve as the permanent co-chair of the | ||||||
22 | advisory committee. One other co-chair shall be nominated and | ||||||
23 | approved by the members of the committee on an annual basis. | ||||||
24 | Committee members' terms of appointment shall be for 4 years | ||||||
25 | with one-quarter of the appointees' terms expiring each year. | ||||||
26 | A member shall continue to serve until his or her replacement |
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1 | is named. The Department shall fill vacancies that have a | ||||||
2 | remaining term of over one year, and this replacement shall | ||||||
3 | occur through the annual replacement of expiring terms. The | ||||||
4 | Director shall designate Department staff to provide technical | ||||||
5 | assistance and staff support to the committee. Department | ||||||
6 | representation shall not constitute membership of the | ||||||
7 | committee. All Committee papers, issues, recommendations, | ||||||
8 | reports, and meeting memoranda are advisory only. The | ||||||
9 | Director, or his or her designee, shall make a written report, | ||||||
10 | as requested by the Committee, regarding issues before the | ||||||
11 | Committee.
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12 | The Department on Aging and the Department of Human | ||||||
13 | Services
shall cooperate in the development and submission of | ||||||
14 | an annual report on
programs and services provided under this | ||||||
15 | Section. Such joint report
shall be filed with the Governor | ||||||
16 | and the General Assembly on or before
September 30 each year.
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17 | The requirement for reporting to the General Assembly | ||||||
18 | shall be satisfied
by filing copies of the report
as required | ||||||
19 | by Section 3.1 of the General Assembly Organization Act and
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20 | filing such additional copies with the State Government Report | ||||||
21 | Distribution
Center for the General Assembly as is required | ||||||
22 | under paragraph (t) of
Section 7 of the State Library Act.
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23 | Those persons previously found eligible for receiving | ||||||
24 | non-institutional
services whose services were discontinued | ||||||
25 | under the Emergency Budget Act of
Fiscal Year 1992, and who do | ||||||
26 | not meet the eligibility standards in effect
on or after July |
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1 | 1, 1992, shall remain ineligible on and after July 1,
1992. | ||||||
2 | Those persons previously not required to cost-share and who | ||||||
3 | were
required to cost-share effective March 1, 1992, shall | ||||||
4 | continue to meet
cost-share requirements on and after July 1, | ||||||
5 | 1992. Beginning July 1, 1992,
all clients will be required to | ||||||
6 | meet
eligibility, cost-share, and other requirements and will | ||||||
7 | have services
discontinued or altered when they fail to meet | ||||||
8 | these requirements. | ||||||
9 | For the purposes of this Section, "flexible senior | ||||||
10 | services" refers to services that require one-time or periodic | ||||||
11 | expenditures including, but not limited to, respite care, home | ||||||
12 | modification, assistive technology, housing assistance, and | ||||||
13 | transportation.
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14 | The Department shall implement an electronic service | ||||||
15 | verification based on global positioning systems or other | ||||||
16 | cost-effective technology for the Community Care Program no | ||||||
17 | later than January 1, 2014. | ||||||
18 | The Department shall require, as a condition of | ||||||
19 | eligibility, enrollment in the medical assistance program | ||||||
20 | under Article V of the Illinois Public Aid Code (i) beginning | ||||||
21 | August 1, 2013, if the Auditor General has reported that the | ||||||
22 | Department has failed
to comply with the reporting | ||||||
23 | requirements of Section 2-27 of
the Illinois State Auditing | ||||||
24 | Act; or (ii) beginning June 1, 2014, if the Auditor General has | ||||||
25 | reported that the
Department has not undertaken the required | ||||||
26 | actions listed in
the report required by subsection (a) of |
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1 | Section 2-27 of the
Illinois State Auditing Act. | ||||||
2 | The Department shall delay Community Care Program services | ||||||
3 | until an applicant is determined eligible for medical | ||||||
4 | assistance under Article V of the Illinois Public Aid Code (i) | ||||||
5 | beginning August 1, 2013, if the Auditor General has reported | ||||||
6 | that the Department has failed
to comply with the reporting | ||||||
7 | requirements of Section 2-27 of
the Illinois State Auditing | ||||||
8 | Act; or (ii) beginning June 1, 2014, if the Auditor General has | ||||||
9 | reported that the
Department has not undertaken the required | ||||||
10 | actions listed in
the report required by subsection (a) of | ||||||
11 | Section 2-27 of the
Illinois State Auditing Act. | ||||||
12 | The Department shall implement co-payments for the | ||||||
13 | Community Care Program at the federally allowable maximum | ||||||
14 | level (i) beginning August 1, 2013, if the Auditor General has | ||||||
15 | reported that the Department has failed
to comply with the | ||||||
16 | reporting requirements of Section 2-27 of
the Illinois State | ||||||
17 | Auditing Act; or (ii) beginning June 1, 2014, if the Auditor | ||||||
18 | General has reported that the
Department has not undertaken | ||||||
19 | the required actions listed in
the report required by | ||||||
20 | subsection (a) of Section 2-27 of the
Illinois State Auditing | ||||||
21 | Act. | ||||||
22 | The Department shall continue to provide other Community | ||||||
23 | Care Program reports as required by statute. | ||||||
24 | The Department shall provide a bi-monthly report on the | ||||||
25 | progress of the Community Care Program reforms set forth in | ||||||
26 | this amendatory Act of the 98th General Assembly to the |
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1 | Governor, the Speaker of the House of Representatives, the | ||||||
2 | Minority Leader of the House of Representatives, the
President | ||||||
3 | of the
Senate, and the Minority Leader of the Senate. | ||||||
4 | The Department shall conduct a quarterly review of Care | ||||||
5 | Coordination Unit performance and adherence to service | ||||||
6 | guidelines. The quarterly review shall be reported to the | ||||||
7 | Speaker of the House of Representatives, the Minority Leader | ||||||
8 | of the House of Representatives, the
President of the
Senate, | ||||||
9 | and the Minority Leader of the Senate. The Department shall | ||||||
10 | collect and report longitudinal data on the performance of | ||||||
11 | each care coordination unit. Nothing in this paragraph shall | ||||||
12 | be construed to require the Department to identify specific | ||||||
13 | care coordination units. | ||||||
14 | In regard to community care providers, failure to comply | ||||||
15 | with Department on Aging policies shall be cause for | ||||||
16 | disciplinary action, including, but not limited to, | ||||||
17 | disqualification from serving Community Care Program clients. | ||||||
18 | Each provider, upon submission of any bill or invoice to the | ||||||
19 | Department for payment for services rendered, shall include a | ||||||
20 | notarized statement, under penalty of perjury pursuant to | ||||||
21 | Section 1-109 of the Code of Civil Procedure, that the | ||||||
22 | provider has complied with all Department policies. | ||||||
23 | The Director of the Department on Aging shall make | ||||||
24 | information available to the State Board of Elections as may | ||||||
25 | be required by an agreement the State Board of Elections has | ||||||
26 | entered into with a multi-state voter registration list |
| |||||||
| |||||||
1 | maintenance system. | ||||||
2 | Within 30 days after July 6, 2017 (the effective date of | ||||||
3 | Public Act 100-23), rates shall be increased to $18.29 per | ||||||
4 | hour, for the purpose of increasing, by at least $.72 per hour, | ||||||
5 | the wages paid by those vendors to their employees who provide | ||||||
6 | homemaker services. The Department shall pay an enhanced rate | ||||||
7 | under the Community Care Program to those in-home service | ||||||
8 | provider agencies that offer health insurance coverage as a | ||||||
9 | benefit to their direct service worker employees consistent | ||||||
10 | with the mandates of Public Act 95-713. For State fiscal years | ||||||
11 | 2018 and 2019, the enhanced rate shall be $1.77 per hour. The | ||||||
12 | rate shall be adjusted using actuarial analysis based on the | ||||||
13 | cost of care, but shall not be set below $1.77 per hour. The | ||||||
14 | Department shall adopt rules, including emergency rules under | ||||||
15 | subsections (y) and (bb) of Section 5-45 of the Illinois | ||||||
16 | Administrative Procedure Act, to implement the provisions of | ||||||
17 | this paragraph. | ||||||
18 | The General Assembly finds it necessary to authorize an | ||||||
19 | aggressive Medicaid enrollment initiative designed to maximize | ||||||
20 | federal Medicaid funding for the Community Care Program which | ||||||
21 | produces significant savings for the State of Illinois. The | ||||||
22 | Department on Aging shall establish and implement a Community | ||||||
23 | Care Program Medicaid Initiative. Under the Initiative, the
| ||||||
24 | Department on Aging shall, at a minimum: (i) provide an | ||||||
25 | enhanced rate to adequately compensate care coordination units | ||||||
26 | to enroll eligible Community Care Program clients into |
| |||||||
| |||||||
1 | Medicaid; (ii) use recommendations from a stakeholder | ||||||
2 | committee on how best to implement the Initiative; and (iii) | ||||||
3 | establish requirements for State agencies to make enrollment | ||||||
4 | in the State's Medical Assistance program easier for seniors. | ||||||
5 | The Community Care Program Medicaid Enrollment Oversight | ||||||
6 | Subcommittee is created as a subcommittee of the Older Adult | ||||||
7 | Services Advisory Committee established in Section 35 of the | ||||||
8 | Older Adult Services Act to make recommendations on how best | ||||||
9 | to increase the number of medical assistance recipients who | ||||||
10 | are enrolled in the Community Care Program. The Subcommittee | ||||||
11 | shall consist of all of the following persons who must be | ||||||
12 | appointed within 30 days after the effective date of this | ||||||
13 | amendatory Act of the 100th General Assembly: | ||||||
14 | (1) The Director of Aging, or his or her designee, who | ||||||
15 | shall serve as the chairperson of the Subcommittee. | ||||||
16 | (2) One representative of the Department of Healthcare | ||||||
17 | and Family Services, appointed by the Director of | ||||||
18 | Healthcare and Family Services. | ||||||
19 | (3) One representative of the Department of Human | ||||||
20 | Services, appointed by the Secretary of Human Services. | ||||||
21 | (4) One individual representing a care coordination | ||||||
22 | unit, appointed by the Director of Aging. | ||||||
23 | (5) One individual from a non-governmental statewide | ||||||
24 | organization that advocates for seniors, appointed by the | ||||||
25 | Director of Aging. | ||||||
26 | (6) One individual representing Area Agencies on |
| |||||||
| |||||||
1 | Aging, appointed by the Director of Aging. | ||||||
2 | (7) One individual from a statewide association | ||||||
3 | dedicated to Alzheimer's care, support, and research, | ||||||
4 | appointed by the Director of Aging. | ||||||
5 | (8) One individual from an organization that employs | ||||||
6 | persons who provide services under the Community Care | ||||||
7 | Program, appointed by the Director of Aging. | ||||||
8 | (9) One member of a trade or labor union representing | ||||||
9 | persons who provide services under the Community Care | ||||||
10 | Program, appointed by the Director of Aging. | ||||||
11 | (10) One member of the Senate, who shall serve as | ||||||
12 | co-chairperson, appointed by the President of the Senate. | ||||||
13 | (11) One member of the Senate, who shall serve as | ||||||
14 | co-chairperson, appointed by the Minority Leader of the | ||||||
15 | Senate. | ||||||
16 | (12) One member of the House of
Representatives, who | ||||||
17 | shall serve as co-chairperson, appointed by the Speaker of | ||||||
18 | the House of Representatives. | ||||||
19 | (13) One member of the House of Representatives, who | ||||||
20 | shall serve as co-chairperson, appointed by the Minority | ||||||
21 | Leader of the House of Representatives. | ||||||
22 | (14) One individual appointed by a labor organization | ||||||
23 | representing frontline employees at the Department of | ||||||
24 | Human Services. | ||||||
25 | The Subcommittee shall provide oversight to the Community | ||||||
26 | Care Program Medicaid Initiative and shall meet quarterly. At |
| |||||||
| |||||||
1 | each Subcommittee meeting the Department on Aging shall | ||||||
2 | provide the following data sets to the Subcommittee: (A) the | ||||||
3 | number of Illinois residents, categorized by planning and | ||||||
4 | service area, who are receiving services under the Community | ||||||
5 | Care Program and are enrolled in the State's Medical | ||||||
6 | Assistance Program; (B) the number of Illinois residents, | ||||||
7 | categorized by planning and service area, who are receiving | ||||||
8 | services under the Community Care Program, but are not | ||||||
9 | enrolled in the State's Medical Assistance Program; and (C) | ||||||
10 | the number of Illinois residents, categorized by planning and | ||||||
11 | service area, who are receiving services under the Community | ||||||
12 | Care Program and are eligible for benefits under the State's | ||||||
13 | Medical Assistance Program, but are not enrolled in the | ||||||
14 | State's Medical Assistance Program. In addition to this data, | ||||||
15 | the Department on Aging shall provide the Subcommittee with | ||||||
16 | plans on how the Department on Aging will reduce the number of | ||||||
17 | Illinois residents who are not enrolled in the State's Medical | ||||||
18 | Assistance Program but who are eligible for medical assistance | ||||||
19 | benefits. The Department on Aging shall enroll in the State's | ||||||
20 | Medical Assistance Program those Illinois residents who | ||||||
21 | receive services under the Community Care Program and are | ||||||
22 | eligible for medical assistance benefits but are not enrolled | ||||||
23 | in the State's Medicaid Assistance Program. The data provided | ||||||
24 | to the Subcommittee shall be made available to the public via | ||||||
25 | the Department on Aging's website. | ||||||
26 | The Department on Aging, with the involvement of the |
| |||||||
| |||||||
1 | Subcommittee, shall collaborate with the Department of Human | ||||||
2 | Services and the Department of Healthcare and Family Services | ||||||
3 | on how best to achieve the responsibilities of the Community | ||||||
4 | Care Program Medicaid Initiative. | ||||||
5 | The Department on Aging, the Department of Human Services, | ||||||
6 | and the Department of Healthcare and Family Services shall | ||||||
7 | coordinate and implement a streamlined process for seniors to | ||||||
8 | access benefits under the State's Medical Assistance Program. | ||||||
9 | The Subcommittee shall collaborate with the Department of | ||||||
10 | Human Services on the adoption of a uniform application | ||||||
11 | submission process. The Department of Human Services and any | ||||||
12 | other State agency involved with processing the medical | ||||||
13 | assistance application of any person enrolled in the Community | ||||||
14 | Care Program shall include the appropriate care coordination | ||||||
15 | unit in all communications related to the determination or | ||||||
16 | status of the application. | ||||||
17 | The Community Care Program Medicaid Initiative shall | ||||||
18 | provide targeted funding to care coordination units to help | ||||||
19 | seniors complete their applications for medical assistance | ||||||
20 | benefits. On and after July 1, 2019, care coordination units | ||||||
21 | shall receive no less than $200 per completed application, | ||||||
22 | which rate may be included in a bundled rate for initial intake | ||||||
23 | services when Medicaid application assistance is provided in | ||||||
24 | conjunction with the initial intake process for new program | ||||||
25 | participants. | ||||||
26 | The Community Care Program Medicaid Initiative shall cease |
| |||||||
| |||||||
1 | operation 5 years after the effective date of this amendatory | ||||||
2 | Act of the 100th General Assembly, after which the | ||||||
3 | Subcommittee shall dissolve. | ||||||
4 | (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; | ||||||
5 | 100-1148, eff. 12-10-18; 101-10, eff. 6-5-19.)
| ||||||
6 | (20 ILCS 1110/7 rep.)
| ||||||
7 | (20 ILCS 1110/8 rep.)
| ||||||
8 | (20 ILCS 1110/9 rep.)
| ||||||
9 | (20 ILCS 1110/10 rep.)
| ||||||
10 | (20 ILCS 1110/11 rep.)
| ||||||
11 | (20 ILCS 1110/12 rep.)
| ||||||
12 | (20 ILCS 1110/13 rep.)
| ||||||
13 | (20 ILCS 1110/14 rep.)
| ||||||
14 | (20 ILCS 1110/15 rep.)
| ||||||
15 | (20 ILCS 1110/16 rep.)
| ||||||
16 | (20 ILCS 1110/17 rep.)
| ||||||
17 | Section 10. The Illinois Coal and Energy Development Bond | ||||||
18 | Act is amended by repealing Sections 7, 8, 9, 10, 11, 12, 13, | ||||||
19 | 14, 15, 16, and 17. | ||||||
20 | Section 15. The Department of Human Services Act is | ||||||
21 | amended by changing Section 1-17 as follows:
| ||||||
22 | (20 ILCS 1305/1-17)
| ||||||
23 | Sec. 1-17. Inspector General. |
| |||||||
| |||||||
1 | (a) Nature and purpose. It is the express intent of the | ||||||
2 | General Assembly to ensure the health, safety, and financial | ||||||
3 | condition of individuals receiving services in this State due | ||||||
4 | to mental illness, developmental disability, or both by | ||||||
5 | protecting those persons from acts of abuse, neglect, or both | ||||||
6 | by service providers. To that end, the Office of the Inspector | ||||||
7 | General for the Department of Human Services is created to | ||||||
8 | investigate and report upon allegations of the abuse, neglect, | ||||||
9 | or financial exploitation of individuals receiving services | ||||||
10 | within mental health facilities, developmental disabilities | ||||||
11 | facilities, and community agencies operated, licensed, funded, | ||||||
12 | or certified by the Department of Human Services, but not | ||||||
13 | licensed or certified by any other State agency. | ||||||
14 | (b) Definitions. The following definitions apply to this | ||||||
15 | Section: | ||||||
16 | "Adult student with a disability" means an adult student, | ||||||
17 | age 18 through 21, inclusive, with an Individual Education | ||||||
18 | Program, other than a resident of a facility licensed by the | ||||||
19 | Department of Children and Family Services in accordance with | ||||||
20 | the Child Care Act of 1969. For purposes of this definition, | ||||||
21 | "through age 21, inclusive", means through the day before the | ||||||
22 | student's 22nd birthday. | ||||||
23 | "Agency" or "community agency" means (i) a community | ||||||
24 | agency licensed, funded, or certified by the Department, but | ||||||
25 | not licensed or certified by any other human services agency | ||||||
26 | of the State, to provide mental health service or |
| |||||||
| |||||||
1 | developmental disabilities service, or (ii) a program | ||||||
2 | licensed, funded, or certified by the Department, but not | ||||||
3 | licensed or certified by any other human services agency of | ||||||
4 | the State, to provide mental health service or developmental | ||||||
5 | disabilities service. | ||||||
6 | "Aggravating circumstance" means a factor that is | ||||||
7 | attendant to a finding and that tends to compound or increase | ||||||
8 | the culpability of the accused. | ||||||
9 | "Allegation" means an assertion, complaint, suspicion, or | ||||||
10 | incident involving any of the following conduct by an | ||||||
11 | employee, facility, or agency against an individual or | ||||||
12 | individuals: mental abuse, physical abuse, sexual abuse, | ||||||
13 | neglect, or financial exploitation. | ||||||
14 | "Day" means working day, unless otherwise specified. | ||||||
15 | "Deflection" means a situation in which an individual is | ||||||
16 | presented for admission to a facility or agency, and the | ||||||
17 | facility staff or agency staff do not admit the individual. | ||||||
18 | "Deflection" includes triage, redirection, and denial of | ||||||
19 | admission. | ||||||
20 | "Department" means the Department of Human Services. | ||||||
21 | "Developmental disability" means "developmental | ||||||
22 | disability" as defined in the Mental Health and Developmental | ||||||
23 | Disabilities Code. | ||||||
24 | "Egregious neglect" means a finding of neglect as | ||||||
25 | determined by the Inspector General that (i) represents a | ||||||
26 | gross failure to adequately provide for, or a callused |
| |||||||
| |||||||
1 | indifference to, the health, safety, or medical needs of an | ||||||
2 | individual and (ii) results in an individual's death or other | ||||||
3 | serious deterioration of an individual's physical condition or | ||||||
4 | mental condition. | ||||||
5 | "Employee" means any person who provides services at the | ||||||
6 | facility or agency on-site or off-site. The service | ||||||
7 | relationship can be with the individual or with the facility | ||||||
8 | or agency. Also, "employee" includes any employee or | ||||||
9 | contractual agent of the Department of Human Services or the | ||||||
10 | community agency involved in providing or monitoring or | ||||||
11 | administering mental health or developmental disability | ||||||
12 | services. This includes but is not limited to: owners, | ||||||
13 | operators, payroll personnel, contractors, subcontractors, and | ||||||
14 | volunteers. | ||||||
15 | "Facility" or "State-operated facility" means a mental | ||||||
16 | health facility or developmental disabilities facility | ||||||
17 | operated by the Department. | ||||||
18 | "Financial exploitation" means taking unjust advantage of | ||||||
19 | an individual's assets, property, or financial resources | ||||||
20 | through deception, intimidation, or conversion for the | ||||||
21 | employee's, facility's, or agency's own advantage or benefit. | ||||||
22 | "Finding" means the Office of Inspector General's | ||||||
23 | determination regarding whether an allegation is | ||||||
24 | substantiated, unsubstantiated, or unfounded. | ||||||
25 | "Health Care Worker Registry" or "Registry" means the | ||||||
26 | Health Care Worker Registry under the Health Care Worker |
| |||||||
| |||||||
1 | Background Check Act. | ||||||
2 | "Individual" means any person receiving mental health | ||||||
3 | service, developmental disabilities service, or both from a | ||||||
4 | facility or agency, while either on-site or off-site. | ||||||
5 | "Mental abuse" means the use of demeaning, intimidating, | ||||||
6 | or threatening words, signs, gestures, or other actions by an | ||||||
7 | employee about an individual and in the presence of an | ||||||
8 | individual or individuals that results in emotional distress | ||||||
9 | or maladaptive behavior, or could have resulted in emotional | ||||||
10 | distress or maladaptive behavior, for any individual present. | ||||||
11 | "Mental illness" means "mental illness" as defined in the | ||||||
12 | Mental Health and Developmental Disabilities Code. | ||||||
13 | "Mentally ill" means having a mental illness. | ||||||
14 | "Mitigating circumstance" means a condition that (i) is | ||||||
15 | attendant to a finding, (ii) does not excuse or justify the | ||||||
16 | conduct in question, but (iii) may be considered in evaluating | ||||||
17 | the severity of the conduct, the culpability of the accused, | ||||||
18 | or both the severity of the conduct and the culpability of the | ||||||
19 | accused. | ||||||
20 | "Neglect" means an employee's, agency's, or facility's | ||||||
21 | failure to provide adequate medical care, personal care, or | ||||||
22 | maintenance and that, as a consequence, (i) causes an | ||||||
23 | individual pain, injury, or emotional distress, (ii) results | ||||||
24 | in either an individual's maladaptive behavior or the | ||||||
25 | deterioration of an individual's physical condition or mental | ||||||
26 | condition, or (iii) places the individual's health or safety |
| |||||||
| |||||||
1 | at substantial risk. | ||||||
2 | "Person with a developmental disability" means a person | ||||||
3 | having a developmental disability. | ||||||
4 | "Physical abuse" means an employee's non-accidental and | ||||||
5 | inappropriate contact with an individual that causes bodily | ||||||
6 | harm. "Physical abuse" includes actions that cause bodily harm | ||||||
7 | as a result of an employee directing an individual or person to | ||||||
8 | physically abuse another individual. | ||||||
9 | "Recommendation" means an admonition, separate from a | ||||||
10 | finding, that requires action by the facility, agency, or | ||||||
11 | Department to correct a systemic issue, problem, or deficiency | ||||||
12 | identified during an investigation. | ||||||
13 | "Required reporter" means any employee who suspects, | ||||||
14 | witnesses, or is informed of an allegation of any one or more | ||||||
15 | of the following: mental abuse, physical abuse, sexual abuse, | ||||||
16 | neglect, or financial exploitation. | ||||||
17 | "Secretary" means the Chief Administrative Officer of the | ||||||
18 | Department. | ||||||
19 | "Sexual abuse" means any sexual contact or intimate | ||||||
20 | physical contact between an employee and an individual, | ||||||
21 | including an employee's coercion or encouragement of an | ||||||
22 | individual to engage in sexual behavior that results in sexual | ||||||
23 | contact, intimate physical contact, sexual behavior, or | ||||||
24 | intimate physical behavior. Sexual abuse also includes (i) an | ||||||
25 | employee's actions that result in the sending or showing of | ||||||
26 | sexually explicit images to an individual via computer, |
| |||||||
| |||||||
1 | cellular phone, electronic mail, portable electronic device, | ||||||
2 | or other media with or without contact with the individual or | ||||||
3 | (ii) an employee's posting of sexually explicit images of an | ||||||
4 | individual online or elsewhere whether or not there is contact | ||||||
5 | with the individual. | ||||||
6 | "Sexually explicit images" includes, but is not limited | ||||||
7 | to, any material which depicts nudity, sexual conduct, or | ||||||
8 | sado-masochistic abuse, or which contains explicit and | ||||||
9 | detailed verbal descriptions or narrative accounts of sexual | ||||||
10 | excitement, sexual conduct, or sado-masochistic abuse. | ||||||
11 | "Substantiated" means there is a preponderance of the | ||||||
12 | evidence to support the allegation. | ||||||
13 | "Unfounded" means there is no credible evidence to support | ||||||
14 | the allegation. | ||||||
15 | "Unsubstantiated" means there is credible evidence, but | ||||||
16 | less than a preponderance of evidence to support the | ||||||
17 | allegation. | ||||||
18 | (c) Appointment. The Governor shall appoint, and the | ||||||
19 | Senate shall confirm, an Inspector General. The Inspector | ||||||
20 | General shall be appointed for a term of 4 years and shall | ||||||
21 | function within the Department of Human Services and report to | ||||||
22 | the Secretary and the Governor. | ||||||
23 | (d) Operation and appropriation. The Inspector General | ||||||
24 | shall function independently within the Department with | ||||||
25 | respect to the operations of the Office, including the | ||||||
26 | performance of investigations and issuance of findings and |
| |||||||
| |||||||
1 | recommendations. The appropriation for the Office of Inspector | ||||||
2 | General shall be separate from the overall appropriation for | ||||||
3 | the Department. | ||||||
4 | (e) Powers and duties. The Inspector General shall | ||||||
5 | investigate reports of suspected mental abuse, physical abuse, | ||||||
6 | sexual abuse, neglect, or financial exploitation of | ||||||
7 | individuals in any mental health or developmental disabilities | ||||||
8 | facility or agency and shall have authority to take immediate | ||||||
9 | action to prevent any one or more of the following from | ||||||
10 | happening to individuals under its jurisdiction: mental abuse, | ||||||
11 | physical abuse, sexual abuse, neglect, or financial | ||||||
12 | exploitation. Upon written request of an agency of this State, | ||||||
13 | the Inspector General may assist another agency of the State | ||||||
14 | in investigating reports of the abuse, neglect, or abuse and | ||||||
15 | neglect of persons with mental illness, persons with | ||||||
16 | developmental disabilities, or persons with both. To comply | ||||||
17 | with the requirements of subsection (k) of this Section, the | ||||||
18 | Inspector General shall also review all reportable deaths for | ||||||
19 | which there is no allegation of abuse or neglect. Nothing in | ||||||
20 | this Section shall preempt any duties of the Medical Review | ||||||
21 | Board set forth in the Mental Health and Developmental | ||||||
22 | Disabilities Code. The Inspector General shall have no | ||||||
23 | authority to investigate alleged violations of the State | ||||||
24 | Officials and Employees Ethics Act. Allegations of misconduct | ||||||
25 | under the State Officials and Employees Ethics Act shall be | ||||||
26 | referred to the Office of the Governor's Executive Inspector |
| |||||||
| |||||||
1 | General for investigation. | ||||||
2 | (f) Limitations. The Inspector General shall not conduct | ||||||
3 | an investigation within an agency or facility if that | ||||||
4 | investigation would be redundant to or interfere with an | ||||||
5 | investigation conducted by another State agency. The Inspector | ||||||
6 | General shall have no supervision over, or involvement in, the | ||||||
7 | routine programmatic, licensing, funding, or certification | ||||||
8 | operations of the Department. Nothing in this subsection | ||||||
9 | limits investigations by the Department that may otherwise be | ||||||
10 | required by law or that may be necessary in the Department's | ||||||
11 | capacity as central administrative authority responsible for | ||||||
12 | the operation of the State's mental health and developmental | ||||||
13 | disabilities facilities. | ||||||
14 | (g) Rulemaking authority. The Inspector General shall | ||||||
15 | promulgate rules establishing minimum requirements for | ||||||
16 | reporting allegations as well as for initiating, conducting, | ||||||
17 | and completing investigations based upon the nature of the | ||||||
18 | allegation or allegations. The rules shall clearly establish | ||||||
19 | that if 2 or more State agencies could investigate an | ||||||
20 | allegation, the Inspector General shall not conduct an | ||||||
21 | investigation that would be redundant to, or interfere with, | ||||||
22 | an investigation conducted by another State agency. The rules | ||||||
23 | shall further clarify the method and circumstances under which | ||||||
24 | the Office of Inspector General may interact with the | ||||||
25 | licensing, funding, or certification units of the Department | ||||||
26 | in preventing further occurrences of mental abuse, physical |
| |||||||
| |||||||
1 | abuse, sexual abuse, neglect, egregious neglect, and financial | ||||||
2 | exploitation. | ||||||
3 | (h) Training programs. The Inspector General shall (i) | ||||||
4 | establish a comprehensive program to ensure that every person | ||||||
5 | authorized to conduct investigations receives ongoing training | ||||||
6 | relative to investigation techniques, communication skills, | ||||||
7 | and the appropriate means of interacting with persons | ||||||
8 | receiving treatment for mental illness, developmental | ||||||
9 | disability, or both mental illness and developmental | ||||||
10 | disability, and (ii) establish and conduct periodic training | ||||||
11 | programs for facility and agency employees concerning the | ||||||
12 | prevention and reporting of any one or more of the following: | ||||||
13 | mental abuse, physical abuse, sexual abuse, neglect, egregious | ||||||
14 | neglect, or financial exploitation. The Inspector General | ||||||
15 | shall further ensure (i) every person authorized to conduct | ||||||
16 | investigations at community agencies receives ongoing training | ||||||
17 | in Title 59, Parts 115, 116, and 119 of the Illinois | ||||||
18 | Administrative Code, and (ii) every person authorized to | ||||||
19 | conduct investigations shall receive ongoing training in Title | ||||||
20 | 59, Part 50 of the Illinois Administrative Code. Nothing in | ||||||
21 | this Section shall be deemed to prevent the Office of | ||||||
22 | Inspector General from conducting any other training as | ||||||
23 | determined by the Inspector General to be necessary or | ||||||
24 | helpful. | ||||||
25 | (i) Duty to cooperate. | ||||||
26 | (1) The Inspector General shall at all times be |
| |||||||
| |||||||
1 | granted access to any facility or agency for the purpose | ||||||
2 | of investigating any allegation, conducting unannounced | ||||||
3 | site visits, monitoring compliance with a written | ||||||
4 | response, or completing any other statutorily assigned | ||||||
5 | duty. The Inspector General shall conduct unannounced site | ||||||
6 | visits to each facility at least annually for the purpose | ||||||
7 | of reviewing and making recommendations on systemic issues | ||||||
8 | relative to preventing, reporting, investigating, and | ||||||
9 | responding to all of the following: mental abuse, physical | ||||||
10 | abuse, sexual abuse, neglect, egregious neglect, or | ||||||
11 | financial exploitation. | ||||||
12 | (2) Any employee who fails to cooperate with an Office | ||||||
13 | of the Inspector General investigation is in violation of | ||||||
14 | this Act. Failure to cooperate with an investigation | ||||||
15 | includes, but is not limited to, any one or more of the | ||||||
16 | following: (i) creating and transmitting a false report to | ||||||
17 | the Office of the Inspector General hotline, (ii) | ||||||
18 | providing false information to an Office of the Inspector | ||||||
19 | General Investigator during an investigation, (iii) | ||||||
20 | colluding with other employees to cover up evidence, (iv) | ||||||
21 | colluding with other employees to provide false | ||||||
22 | information to an Office of the Inspector General | ||||||
23 | investigator, (v) destroying evidence, (vi) withholding | ||||||
24 | evidence, or (vii) otherwise obstructing an Office of the | ||||||
25 | Inspector General investigation. Additionally, any | ||||||
26 | employee who, during an unannounced site visit or written |
| |||||||
| |||||||
1 | response compliance check, fails to cooperate with | ||||||
2 | requests from the Office of the Inspector General is in | ||||||
3 | violation of this Act. | ||||||
4 | (j) Subpoena powers. The Inspector General shall have the | ||||||
5 | power to subpoena witnesses and compel the production of all | ||||||
6 | documents and physical evidence relating to his or her | ||||||
7 | investigations and any hearings authorized by this Act. This | ||||||
8 | subpoena power shall not extend to persons or documents of a | ||||||
9 | labor organization or its representatives insofar as the | ||||||
10 | persons are acting in a representative capacity to an employee | ||||||
11 | whose conduct is the subject of an investigation or the | ||||||
12 | documents relate to that representation. Any person who | ||||||
13 | otherwise fails to respond to a subpoena or who knowingly | ||||||
14 | provides false information to the Office of the Inspector | ||||||
15 | General by subpoena during an investigation is guilty of a | ||||||
16 | Class A misdemeanor. | ||||||
17 | (k) Reporting allegations and deaths. | ||||||
18 | (1) Allegations. If an employee witnesses, is told of, | ||||||
19 | or has reason to believe an incident of mental abuse, | ||||||
20 | physical abuse, sexual abuse, neglect, or financial | ||||||
21 | exploitation has occurred, the employee, agency, or | ||||||
22 | facility shall report the allegation by phone to the | ||||||
23 | Office of the Inspector General hotline according to the | ||||||
24 | agency's or facility's procedures, but in no event later | ||||||
25 | than 4 hours after the initial discovery of the incident, | ||||||
26 | allegation, or suspicion of any one or more of the |
| |||||||
| |||||||
1 | following: mental abuse, physical abuse, sexual abuse, | ||||||
2 | neglect, or financial exploitation. A required reporter as | ||||||
3 | defined in subsection (b) of this Section who knowingly or | ||||||
4 | intentionally fails to comply with these reporting | ||||||
5 | requirements is guilty of a Class A misdemeanor. | ||||||
6 | (2) Deaths. Absent an allegation, a required reporter | ||||||
7 | shall, within 24 hours after initial discovery, report by | ||||||
8 | phone to the Office of the Inspector General hotline each | ||||||
9 | of the following: | ||||||
10 | (i) Any death of an individual occurring within 14 | ||||||
11 | calendar days after discharge or transfer of the | ||||||
12 | individual from a residential program or facility. | ||||||
13 | (ii) Any death of an individual occurring within | ||||||
14 | 24 hours after deflection from a residential program | ||||||
15 | or facility. | ||||||
16 | (iii) Any other death of an individual occurring | ||||||
17 | at an agency or facility or at any Department-funded | ||||||
18 | site. | ||||||
19 | (3) Retaliation. It is a violation of this Act for any | ||||||
20 | employee or administrator of an agency or facility to take | ||||||
21 | retaliatory action against an employee who acts in good | ||||||
22 | faith in conformance with his or her duties as a required | ||||||
23 | reporter. | ||||||
24 | (l) Reporting to law enforcement. (1) Reporting criminal | ||||||
25 | acts. Within 24 hours after determining that there is credible | ||||||
26 | evidence indicating that a criminal act may have been |
| |||||||
| |||||||
1 | committed or that special expertise may be required in an | ||||||
2 | investigation, the Inspector General shall notify the Illinois | ||||||
3 | State Police or other appropriate law enforcement authority, | ||||||
4 | or ensure that such notification is made. The Illinois State | ||||||
5 | Police shall investigate any report from a State-operated | ||||||
6 | facility indicating a possible murder, sexual assault, or | ||||||
7 | other felony by an employee. All investigations conducted by | ||||||
8 | the Inspector General shall be conducted in a manner designed | ||||||
9 | to ensure the preservation of evidence for possible use in a | ||||||
10 | criminal prosecution. | ||||||
11 | (2) Reporting allegations of adult students with | ||||||
12 | disabilities. Upon receipt of a reportable allegation | ||||||
13 | regarding an adult student with a disability, the | ||||||
14 | Department's Office of the Inspector General shall | ||||||
15 | determine whether the allegation meets the criteria for | ||||||
16 | the Domestic Abuse Program under the Abuse of Adults with | ||||||
17 | Disabilities Intervention Act. If the allegation is | ||||||
18 | reportable to that program, the Office of the Inspector | ||||||
19 | General shall initiate an investigation. If the allegation | ||||||
20 | is not reportable to the Domestic Abuse Program, the | ||||||
21 | Office of the Inspector General shall make an expeditious | ||||||
22 | referral to the respective law enforcement entity. If the | ||||||
23 | alleged victim is already receiving services from the | ||||||
24 | Department, the Office of the Inspector General shall also | ||||||
25 | make a referral to the respective Department of Human | ||||||
26 | Services' Division or Bureau. |
| |||||||
| |||||||
1 | (m) Investigative reports. Upon completion of an | ||||||
2 | investigation, the Office of Inspector General shall issue an | ||||||
3 | investigative report identifying whether the allegations are | ||||||
4 | substantiated, unsubstantiated, or unfounded. Within 10 | ||||||
5 | business days after the transmittal of a completed | ||||||
6 | investigative report substantiating an allegation, finding an | ||||||
7 | allegation is unsubstantiated, or if a recommendation is made, | ||||||
8 | the Inspector General shall provide the investigative report | ||||||
9 | on the case to the Secretary and to the director of the | ||||||
10 | facility or agency where any one or more of the following | ||||||
11 | occurred: mental abuse, physical abuse, sexual abuse, neglect, | ||||||
12 | egregious neglect, or financial exploitation. The director of | ||||||
13 | the facility or agency shall be responsible for maintaining | ||||||
14 | the confidentiality of the investigative report consistent | ||||||
15 | with State and federal law. In a substantiated case, the | ||||||
16 | investigative report shall include any mitigating or | ||||||
17 | aggravating circumstances that were identified during the | ||||||
18 | investigation. If the case involves substantiated neglect, the | ||||||
19 | investigative report shall also state whether egregious | ||||||
20 | neglect was found. An investigative report may also set forth | ||||||
21 | recommendations. All investigative reports prepared by the | ||||||
22 | Office of the Inspector General shall be considered | ||||||
23 | confidential and shall not be released except as provided by | ||||||
24 | the law of this State or as required under applicable federal | ||||||
25 | law. Unsubstantiated and unfounded reports shall not be | ||||||
26 | disclosed except as allowed under Section 6 of the Abused and |
| |||||||
| |||||||
1 | Neglected Long Term Care Facility Residents Reporting Act. Raw | ||||||
2 | data used to compile the investigative report shall not be | ||||||
3 | subject to release unless required by law or a court order. | ||||||
4 | "Raw data used to compile the investigative report" includes, | ||||||
5 | but is not limited to, any one or more of the following: the | ||||||
6 | initial complaint, witness statements, photographs, | ||||||
7 | investigator's notes, police reports, or incident reports. If | ||||||
8 | the allegations are substantiated, the victim, the victim's | ||||||
9 | guardian, and the accused shall be provided with a redacted | ||||||
10 | copy of the investigative report. Death reports where there | ||||||
11 | was no allegation of abuse or neglect shall only be released | ||||||
12 | pursuant to applicable State or federal law or a valid court | ||||||
13 | order. Unredacted investigative reports, as well as raw data, | ||||||
14 | may be shared with a local law enforcement entity, a State's | ||||||
15 | Attorney's office, or a county coroner's office upon written | ||||||
16 | request. | ||||||
17 | (n) Written responses, clarification requests, and | ||||||
18 | reconsideration requests. | ||||||
19 | (1) Written responses. Within 30 calendar days from | ||||||
20 | receipt of a substantiated investigative report or an | ||||||
21 | investigative report which contains recommendations, | ||||||
22 | absent a reconsideration request, the facility or agency | ||||||
23 | shall file a written response that addresses, in a concise | ||||||
24 | and reasoned manner, the actions taken to: (i) protect the | ||||||
25 | individual; (ii) prevent recurrences; and (iii) eliminate | ||||||
26 | the problems identified. The response shall include the |
| |||||||
| |||||||
1 | implementation and completion dates of such actions. If | ||||||
2 | the written response is not filed within the allotted 30 | ||||||
3 | calendar day period, the Secretary shall determine the | ||||||
4 | appropriate corrective action to be taken. | ||||||
5 | (2) Requests for clarification. The facility, agency, | ||||||
6 | victim or guardian, or the subject employee may request | ||||||
7 | that the Office of Inspector General clarify the finding | ||||||
8 | or findings for which clarification is sought. | ||||||
9 | (3) Requests for reconsideration. The facility, | ||||||
10 | agency, victim or guardian, or the subject employee may | ||||||
11 | request that the Office of the Inspector General | ||||||
12 | reconsider the finding or findings or the recommendations. | ||||||
13 | A request for reconsideration shall be subject to a | ||||||
14 | multi-layer review and shall include at least one reviewer | ||||||
15 | who did not participate in the investigation or approval | ||||||
16 | of the original investigative report. After the | ||||||
17 | multi-layer review process has been completed, the | ||||||
18 | Inspector General shall make the final determination on | ||||||
19 | the reconsideration request. The investigation shall be | ||||||
20 | reopened if the reconsideration determination finds that | ||||||
21 | additional information is needed to complete the | ||||||
22 | investigative record. | ||||||
23 | (o) Disclosure of the finding by the Inspector General. | ||||||
24 | The Inspector General shall disclose the finding of an | ||||||
25 | investigation to the following persons: (i) the Governor, (ii) | ||||||
26 | the Secretary, (iii) the director of the facility or agency, |
| |||||||
| |||||||
1 | (iv) the alleged victims and their guardians, (v) the | ||||||
2 | complainant, and (vi) the accused. This information shall | ||||||
3 | include whether the allegations were deemed substantiated, | ||||||
4 | unsubstantiated, or unfounded. | ||||||
5 | (p) Secretary review. Upon review of the Inspector | ||||||
6 | General's investigative report and any agency's or facility's | ||||||
7 | written response, the Secretary shall accept or reject the | ||||||
8 | written response and notify the Inspector General of that | ||||||
9 | determination. The Secretary may further direct that other | ||||||
10 | administrative action be taken, including, but not limited to, | ||||||
11 | any one or more of the following: (i) additional site visits, | ||||||
12 | (ii) training, (iii) provision of technical assistance | ||||||
13 | relative to administrative needs, licensure, or certification, | ||||||
14 | or (iv) the imposition of appropriate sanctions. | ||||||
15 | (q) Action by facility or agency. Within 30 days of the | ||||||
16 | date the Secretary approves the written response or directs | ||||||
17 | that further administrative action be taken, the facility or | ||||||
18 | agency shall provide an implementation report to the Inspector | ||||||
19 | General that provides the status of the action taken. The | ||||||
20 | facility or agency shall be allowed an additional 30 days to | ||||||
21 | send notice of completion of the action or to send an updated | ||||||
22 | implementation report. If the action has not been completed | ||||||
23 | within the additional 30-day period, the facility or agency | ||||||
24 | shall send updated implementation reports every 60 days until | ||||||
25 | completion. The Inspector General shall conduct a review of | ||||||
26 | any implementation plan that takes more than 120 days after |
| |||||||
| |||||||
1 | approval to complete, and shall monitor compliance through a | ||||||
2 | random review of approved written responses, which may | ||||||
3 | include, but are not limited to: (i) site visits, (ii) | ||||||
4 | telephone contact, and (iii) requests for additional | ||||||
5 | documentation evidencing compliance. | ||||||
6 | (r) Sanctions. Sanctions, if imposed by the Secretary | ||||||
7 | under Subdivision (p)(iv) of this Section, shall be designed | ||||||
8 | to prevent further acts of mental abuse, physical abuse, | ||||||
9 | sexual abuse, neglect, egregious neglect, or financial | ||||||
10 | exploitation or some combination of one or more of those acts | ||||||
11 | at a facility or agency, and may include any one or more of the | ||||||
12 | following: | ||||||
13 | (1) Appointment of on-site monitors. | ||||||
14 | (2) Transfer or relocation of an individual or | ||||||
15 | individuals. | ||||||
16 | (3) Closure of units. | ||||||
17 | (4) Termination of any one or more of the following: | ||||||
18 | (i) Department licensing, (ii) funding, or (iii) | ||||||
19 | certification. | ||||||
20 | The Inspector General may seek the assistance of the | ||||||
21 | Illinois Attorney General or the office of any State's | ||||||
22 | Attorney in implementing sanctions. | ||||||
23 | (s) Health Care Worker Registry. | ||||||
24 | (1) Reporting to the Registry. The Inspector General | ||||||
25 | shall report to the Department of Public Health's Health | ||||||
26 | Care Worker Registry, a public registry, the identity and |
| |||||||
| |||||||
1 | finding of each employee of a facility or agency against | ||||||
2 | whom there is a final investigative report containing a | ||||||
3 | substantiated allegation of physical or sexual abuse, | ||||||
4 | financial exploitation, or egregious neglect of an | ||||||
5 | individual. | ||||||
6 | (2) Notice to employee. Prior to reporting the name of | ||||||
7 | an employee, the employee shall be notified of the | ||||||
8 | Department's obligation to report and shall be granted an | ||||||
9 | opportunity to request an administrative hearing, the sole | ||||||
10 | purpose of which is to determine if the substantiated | ||||||
11 | finding warrants reporting to the Registry. Notice to the | ||||||
12 | employee shall contain a clear and concise statement of | ||||||
13 | the grounds on which the report to the Registry is based, | ||||||
14 | offer the employee an opportunity for a hearing, and | ||||||
15 | identify the process for requesting such a hearing. Notice | ||||||
16 | is sufficient if provided by certified mail to the | ||||||
17 | employee's last known address. If the employee fails to | ||||||
18 | request a hearing within 30 days from the date of the | ||||||
19 | notice, the Inspector General shall report the name of the | ||||||
20 | employee to the Registry. Nothing in this subdivision | ||||||
21 | (s)(2) shall diminish or impair the rights of a person who | ||||||
22 | is a member of a collective bargaining unit under the | ||||||
23 | Illinois Public Labor Relations Act or under any other | ||||||
24 | federal labor statute. | ||||||
25 | (3) Registry hearings. If the employee requests an | ||||||
26 | administrative hearing, the employee shall be granted an |
| |||||||
| |||||||
1 | opportunity to appear before an administrative law judge | ||||||
2 | to present reasons why the employee's name should not be | ||||||
3 | reported to the Registry. The Department shall bear the | ||||||
4 | burden of presenting evidence that establishes, by a | ||||||
5 | preponderance of the evidence, that the substantiated | ||||||
6 | finding warrants reporting to the Registry. After | ||||||
7 | considering all the evidence presented, the administrative | ||||||
8 | law judge shall make a recommendation to the Secretary as | ||||||
9 | to whether the substantiated finding warrants reporting | ||||||
10 | the name of the employee to the Registry. The Secretary | ||||||
11 | shall render the final decision. The Department and the | ||||||
12 | employee shall have the right to request that the | ||||||
13 | administrative law judge consider a stipulated disposition | ||||||
14 | of these proceedings. | ||||||
15 | (4) Testimony at Registry hearings. A person who makes | ||||||
16 | a report or who investigates a report under this Act shall | ||||||
17 | testify fully in any judicial proceeding resulting from | ||||||
18 | such a report, as to any evidence of abuse or neglect, or | ||||||
19 | the cause thereof. No evidence shall be excluded by reason | ||||||
20 | of any common law or statutory privilege relating to | ||||||
21 | communications between the alleged perpetrator of abuse or | ||||||
22 | neglect, or the individual alleged as the victim in the | ||||||
23 | report, and the person making or investigating the report. | ||||||
24 | Testimony at hearings is exempt from the confidentiality | ||||||
25 | requirements of subsection (f) of Section 10 of the Mental | ||||||
26 | Health and Developmental Disabilities Confidentiality Act. |
| |||||||
| |||||||
1 | (5) Employee's rights to collateral action. No | ||||||
2 | reporting to the Registry shall occur and no hearing shall | ||||||
3 | be set or proceed if an employee notifies the Inspector | ||||||
4 | General in writing, including any supporting | ||||||
5 | documentation, that he or she is formally contesting an | ||||||
6 | adverse employment action resulting from a substantiated | ||||||
7 | finding by complaint filed with the Illinois Civil Service | ||||||
8 | Commission, or which otherwise seeks to enforce the | ||||||
9 | employee's rights pursuant to any applicable collective | ||||||
10 | bargaining agreement. If an action taken by an employer | ||||||
11 | against an employee as a result of a finding of physical | ||||||
12 | abuse, sexual abuse, or egregious neglect is overturned | ||||||
13 | through an action filed with the Illinois Civil Service | ||||||
14 | Commission or under any applicable collective bargaining | ||||||
15 | agreement and if that employee's name has already been | ||||||
16 | sent to the Registry, the employee's name shall be removed | ||||||
17 | from the Registry. | ||||||
18 | (6) Removal from Registry. At any time after the | ||||||
19 | report to the Registry, but no more than once in any | ||||||
20 | 12-month period, an employee may petition the Department | ||||||
21 | in writing to remove his or her name from the Registry. | ||||||
22 | Upon receiving notice of such request, the Inspector | ||||||
23 | General shall conduct an investigation into the petition. | ||||||
24 | Upon receipt of such request, an administrative hearing | ||||||
25 | will be set by the Department. At the hearing, the | ||||||
26 | employee shall bear the burden of presenting evidence that |
| |||||||
| |||||||
1 | establishes, by a preponderance of the evidence, that | ||||||
2 | removal of the name from the Registry is in the public | ||||||
3 | interest. The parties may jointly request that the | ||||||
4 | administrative law judge consider a stipulated disposition | ||||||
5 | of these proceedings. | ||||||
6 | (t) Review of Administrative Decisions. The Department | ||||||
7 | shall preserve a record of all proceedings at any formal | ||||||
8 | hearing conducted by the Department involving Health Care | ||||||
9 | Worker Registry hearings. Final administrative decisions of | ||||||
10 | the Department are subject to judicial review pursuant to | ||||||
11 | provisions of the Administrative Review Law. | ||||||
12 | (u) Quality Care Board. There is created, within the | ||||||
13 | Office of the Inspector General, a Quality Care Board to be | ||||||
14 | composed of 7 members appointed by the Governor with the | ||||||
15 | advice and consent of the Senate. One of the members shall be | ||||||
16 | designated as chairman by the Governor. Of the initial | ||||||
17 | appointments made by the Governor, 4 Board members shall each | ||||||
18 | be appointed for a term of 4 years and 3 members shall each be | ||||||
19 | appointed for a term of 2 years. Upon the expiration of each | ||||||
20 | member's term, a successor shall be appointed for a term of 4 | ||||||
21 | years. In the case of a vacancy in the office of any member, | ||||||
22 | the Governor shall appoint a successor for the remainder of | ||||||
23 | the unexpired term. | ||||||
24 | Members appointed by the Governor shall be qualified by | ||||||
25 | professional knowledge or experience in the area of law, | ||||||
26 | investigatory techniques, or in the area of care of the |
| |||||||
| |||||||
1 | mentally ill or care of persons with developmental | ||||||
2 | disabilities. Two members appointed by the Governor shall be | ||||||
3 | persons with a disability or parents of persons with a | ||||||
4 | disability. Members shall serve without compensation, but | ||||||
5 | shall be reimbursed for expenses incurred in connection with | ||||||
6 | the performance of their duties as members. | ||||||
7 | The Board shall meet quarterly, and may hold other | ||||||
8 | meetings on the call of the chairman. Four members shall | ||||||
9 | constitute a quorum allowing the Board to conduct its | ||||||
10 | business. The Board may adopt rules and regulations it deems | ||||||
11 | necessary to govern its own procedures. | ||||||
12 | The Board shall monitor and oversee the operations, | ||||||
13 | policies, and procedures of the Inspector General to ensure | ||||||
14 | the prompt and thorough investigation of allegations of | ||||||
15 | neglect and abuse. In fulfilling these responsibilities, the | ||||||
16 | Board may do the following: | ||||||
17 | (1) Provide independent, expert consultation to the | ||||||
18 | Inspector General on policies and protocols for | ||||||
19 | investigations of alleged abuse, neglect, or both abuse | ||||||
20 | and neglect. | ||||||
21 | (2) Review existing regulations relating to the | ||||||
22 | operation of facilities. | ||||||
23 | (3) Advise the Inspector General as to the content of | ||||||
24 | training activities authorized under this Section. | ||||||
25 | (4) Recommend policies concerning methods for | ||||||
26 | improving the intergovernmental relationships between the |
| |||||||
| |||||||
1 | Office of the Inspector General and other State or federal | ||||||
2 | offices. | ||||||
3 | (v) Annual report. The Inspector General shall provide to | ||||||
4 | the General Assembly and the Governor, no later than January 1 | ||||||
5 | of each year, a summary of reports and investigations made | ||||||
6 | under this Act for the prior fiscal year with respect to | ||||||
7 | individuals receiving mental health or developmental | ||||||
8 | disabilities services. The report shall detail the imposition | ||||||
9 | of sanctions, if any, and the final disposition of any | ||||||
10 | corrective or administrative action directed by the Secretary. | ||||||
11 | The summaries shall not contain any confidential or | ||||||
12 | identifying information of any individual, but shall include | ||||||
13 | objective data identifying any trends in the number of | ||||||
14 | reported allegations, the timeliness of the Office of the | ||||||
15 | Inspector General's investigations, and their disposition, for | ||||||
16 | each facility and Department-wide, for the most recent 3-year | ||||||
17 | time period. The report shall also identify, by facility, the | ||||||
18 | staff-to-patient ratios taking account of direct care staff | ||||||
19 | only. The report shall also include detailed recommended | ||||||
20 | administrative actions and matters for consideration by the | ||||||
21 | 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. | ||||||
2 | The Auditor General shall conduct the program audit according | ||||||
3 | to 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 | ||||||
7 | that an individual is a victim of abuse or neglect because of | ||||||
8 | health care services appropriately provided or not provided by | ||||||
9 | health 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 an | ||||||
13 | individual in contravention of that individual's stated or | ||||||
14 | implied objection to the provision of that service on the | ||||||
15 | ground that that service conflicts with the individual's | ||||||
16 | religious beliefs or practices, nor shall the failure to | ||||||
17 | provide a service to an individual be considered abuse under | ||||||
18 | this Section if the individual has objected to the provision | ||||||
19 | of that service based on his or her religious beliefs or | ||||||
20 | practices.
| ||||||
21 | (Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.)
| ||||||
22 | (20 ILCS 2712/Act rep.) | ||||||
23 | Section 20. The Broadband Access on Passenger Rail Law is | ||||||
24 | repealed. |
| |||||||
| |||||||
1 | (20 ILCS 3930/7.6 rep.) | ||||||
2 | Section 25. The Illinois Criminal Justice Information Act | ||||||
3 | is amended by repealing Section 7.6. | ||||||
4 | (20 ILCS 5035/Act rep.) | ||||||
5 | Section 30. The Illinois Human Services Commission Act is | ||||||
6 | repealed. | ||||||
7 | (30 ILCS 105/5h rep.) | ||||||
8 | Section 35. The State Finance Act is amended by repealing | ||||||
9 | Section 5h. | ||||||
10 | Section 40. The Illinois Procurement Code is amended by | ||||||
11 | changing Section 25-55 as follows:
| ||||||
12 | (30 ILCS 500/25-55)
| ||||||
13 | Sec. 25-55. Annual reports. Every printed annual report
| ||||||
14 | produced by a State agency
shall bear a statement indicating | ||||||
15 | whether it was printed by the
State of Illinois or by contract
| ||||||
16 | and indicating the printing cost per copy and the number of | ||||||
17 | copies
printed. The Department
of Central Management Services | ||||||
18 | shall prepare and submit to the
General Assembly on the fourth
| ||||||
19 | Wednesday of January in each year a report setting forth with
| ||||||
20 | respect to each State agency for
the calendar year immediately | ||||||
21 | preceding the calendar year in which
the report is filed the | ||||||
22 | total
quantity of annual reports printed, the total cost, and |
| |||||||
| |||||||
1 | the cost
per copy and the cost per page of the
annual report of | ||||||
2 | the State agency printed during the calendar year
covered by | ||||||
3 | the report.
| ||||||
4 | (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| ||||||
5 | (205 ILCS 405/3.2 rep.)
| ||||||
6 | Section 45. The Currency Exchange Act is amended by | ||||||
7 | repealing Section 3.2. | ||||||
8 | Section 50. The Grain Code is amended by changing Section | ||||||
9 | 30-25 as follows:
| ||||||
10 | (240 ILCS 40/30-25)
| ||||||
11 | Sec. 30-25. Grain Insurance Reserve Fund. Upon payment in | ||||||
12 | full of all
money that has been transferred to the Fund prior | ||||||
13 | to June 30, 2003 from the
General Revenue Fund as provided for | ||||||
14 | under subsection (h) of Section 25-20, the
State of Illinois | ||||||
15 | shall , subject to appropriation, remit $2,000,000 to the | ||||||
16 | Corporation to be held in a
separate and discrete account to be | ||||||
17 | used to the extent the assets in the Fund
are insufficient to | ||||||
18 | satisfy claimants as payment of their claims become due as
set | ||||||
19 | forth in subsection (h) of Section 25-20. The remittance of | ||||||
20 | the $2,000,000
reserve shall be made to the Corporation within | ||||||
21 | 60 days of payment in full of
all money transferred to the Fund | ||||||
22 | as set forth above in this Section
30-25. All income received | ||||||
23 | by the Reserve Fund shall be deposited in the Fund
within 35 |
| |||||||
| |||||||
1 | days of the end of each calendar quarter.
| ||||||
2 | (Source: P.A. 93-225, eff. 7-21-03.)
| ||||||
3 | Section 55. The Community Services Act is amended by | ||||||
4 | changing Section 4 as follows:
| ||||||
5 | (405 ILCS 30/4) (from Ch. 91 1/2, par. 904)
| ||||||
6 | Sec. 4. Financing for community services. | ||||||
7 | (a) The Department of Human Services
is authorized to
| ||||||
8 | provide financial reimbursement to eligible private service | ||||||
9 | providers,
corporations, local government entities or | ||||||
10 | voluntary associations for the
provision of services to | ||||||
11 | persons with mental illness, persons with a
developmental | ||||||
12 | disability, and persons with substance use disorders who are | ||||||
13 | living in the
community for the purpose of achieving the goals | ||||||
14 | of this Act.
| ||||||
15 | The Department shall utilize the following funding | ||||||
16 | mechanisms for community
services:
| ||||||
17 | (1) Purchase of Care Contracts: services purchased on | ||||||
18 | a predetermined fee
per unit of service basis from private | ||||||
19 | providers or governmental entities. Fee
per service rates | ||||||
20 | are set by an established formula which covers some | ||||||
21 | portion
of personnel, supplies, and other allowable costs, | ||||||
22 | and which makes some
allowance for geographic variations | ||||||
23 | in costs as well as for additional program
components.
| ||||||
24 | (2) Grants: sums of money which the Department grants |
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| |||||||
1 | to private providers or
governmental
entities pursuant to | ||||||
2 | the grant recipient's agreement to provide certain
| ||||||
3 | services, as defined by departmental grant guidelines, to | ||||||
4 | an
approximate number of service
recipients. Grant levels | ||||||
5 | are set through consideration of personnel, supply and
| ||||||
6 | other allowable costs, as well as other funds available to | ||||||
7 | the program.
| ||||||
8 | (3) Other Funding Arrangements: funding mechanisms may | ||||||
9 | be established
on a pilot basis in order to examine the | ||||||
10 | feasibility of alternative financing
arrangements for the | ||||||
11 | provision of community services.
| ||||||
12 | The Department shall establish and maintain an equitable | ||||||
13 | system of
payment
which allows providers to improve persons | ||||||
14 | with disabilities'
capabilities for
independence and reduces | ||||||
15 | their reliance on State-operated
services. | ||||||
16 | For services classified as entitlement services under | ||||||
17 | federal law or guidelines, caps may not be placed on the total | ||||||
18 | amount of payment a provider may receive in a fiscal year and | ||||||
19 | the Department shall not require that a portion of the | ||||||
20 | payments due be made in a subsequent fiscal year based on a | ||||||
21 | yearly payment cap. | ||||||
22 | (b) (Blank). The Governor shall create a commission by | ||||||
23 | September 1, 2009, or as soon thereafter as possible, to | ||||||
24 | review funding methodologies, identify gaps in funding, | ||||||
25 | identify revenue, and prioritize use of that revenue for | ||||||
26 | community developmental disability services, mental health |
| |||||||
| |||||||
1 | services, alcohol and substance abuse services, rehabilitation | ||||||
2 | services, and early intervention services. The Office of the | ||||||
3 | Governor shall provide staff support for the commission. | ||||||
4 | (c) (Blank). The first meeting of the commission shall be | ||||||
5 | held within the first month after the creation and appointment | ||||||
6 | of the commission, and a final report summarizing the | ||||||
7 | commission's recommendations must be issued within 12 months | ||||||
8 | after the first meeting, and no later than September 1, 2010, | ||||||
9 | to the Governor and the General Assembly. | ||||||
10 | (d) (Blank). The commission shall have the following 13 | ||||||
11 | voting members: | ||||||
12 | (A) one member of the House of Representatives, | ||||||
13 | appointed by the Speaker of the House of Representatives; | ||||||
14 | (B) one member of the House of Representatives, | ||||||
15 | appointed by the House Minority Leader; | ||||||
16 | (C) one member of the Senate, appointed by the | ||||||
17 | President of the Senate; | ||||||
18 | (D) one member of the Senate, appointed by the Senate | ||||||
19 | Minority Leader; | ||||||
20 | (E) one person with a developmental disability, or a | ||||||
21 | family member or guardian of such a person, appointed by | ||||||
22 | the Governor; | ||||||
23 | (F) one person with a mental illness, or a family | ||||||
24 | member or guardian of such a person, appointed by the | ||||||
25 | Governor; | ||||||
26 | (G) two persons from unions that represent employees |
| |||||||
| |||||||
1 | of community providers that serve people with | ||||||
2 | developmental disabilities, mental illness, and alcohol | ||||||
3 | and substance abuse disorders, appointed by the Governor; | ||||||
4 | and | ||||||
5 | (H) five persons from statewide associations that | ||||||
6 | represent community providers that provide residential, | ||||||
7 | day training, and other developmental disability services, | ||||||
8 | mental health services, alcohol and substance abuse | ||||||
9 | services, rehabilitation services, or early intervention | ||||||
10 | services, or any combination of those, appointed by the | ||||||
11 | Governor. | ||||||
12 | The commission shall also have the following ex-officio, | ||||||
13 | nonvoting members: | ||||||
14 | (I) the Director of the Governor's Office of | ||||||
15 | Management and Budget or his or her designee; | ||||||
16 | (J) the Chief Financial Officer of the Department of | ||||||
17 | Human Services or his or her designee; | ||||||
18 | (K) the Administrator of the Department of Healthcare | ||||||
19 | and Family Services Division of Finance or his or her | ||||||
20 | designee; | ||||||
21 | (L) the Director of the Department of Human Services | ||||||
22 | Division of Developmental Disabilities or his or her | ||||||
23 | designee; | ||||||
24 | (M) the Director of the Department of Human Services | ||||||
25 | Division of Mental Health or his or her designee;
and | ||||||
26 | (N) the Director of the Department of Human Services |
| |||||||
| |||||||
1 | Division of Alcoholism and Substance Abuse or his or her | ||||||
2 | designee. | ||||||
3 | (e) The funding methodologies must reflect economic | ||||||
4 | factors inherent in providing services and supports, recognize | ||||||
5 | individual disability needs, and consider geographic | ||||||
6 | differences, transportation costs, required staffing ratios, | ||||||
7 | and mandates not currently funded.
| ||||||
8 | (f) In accepting Department funds, providers shall | ||||||
9 | recognize
their responsibility to be
accountable to the | ||||||
10 | Department and the State for the delivery of services
which | ||||||
11 | are consistent
with the philosophies and goals of this Act and | ||||||
12 | the rules and regulations
promulgated under it.
| ||||||
13 | (Source: P.A. 100-759, eff. 1-1-19 .)
| ||||||
14 | (730 ILCS 5/3-5-3 rep.)
| ||||||
15 | (730 ILCS 5/5-8-1.3 rep.)
| ||||||
16 | Section 60. The Unified Code of Corrections is amended by | ||||||
17 | repealing Sections 3-5-3 and 5-8-1.3. | ||||||
18 | Section 65. The Workers' Compensation Act is amended by | ||||||
19 | changing Section 18.1 as follows: | ||||||
20 | (820 ILCS 305/18.1) | ||||||
21 | Sec. 18.1. Claims by former and current employees of the | ||||||
22 | Commission. All claims by current and former employees and | ||||||
23 | appointees of the Commission shall be assigned to a certified |
| |||||||
| |||||||
1 | independent arbitrator not employed by the Commission | ||||||
2 | designated by the Chairman. In preparing the roster of | ||||||
3 | approved certified independent arbitrators, the Chairman shall | ||||||
4 | seek the advice and recommendation of the Commission or the | ||||||
5 | Workers' Compensation Advisory Board at his or her discretion. | ||||||
6 | The Chairman shall designate an arbitrator from a list of | ||||||
7 | approved certified arbitrators provided by the Commission | ||||||
8 | Review Board. If the Chairman is the claimant, then the | ||||||
9 | independent arbitrator from the approved list shall be | ||||||
10 | designated by the longest serving Commissioner. The designated | ||||||
11 | independent arbitrator shall have the authority of arbitrators | ||||||
12 | of the Commission regarding settlement and adjudication of the | ||||||
13 | claim of the current and former employees and appointees of | ||||||
14 | the Commission. The decision of the independent arbitrator | ||||||
15 | shall become the decision of the Commission. An appeal of the | ||||||
16 | independent arbitrator's decision shall be subject to judicial | ||||||
17 | review in accordance with subsection (f) of Section 19.
| ||||||
18 | (Source: P.A. 97-18, eff. 6-28-11.)
| ||||||
19 | (820 ILCS 305/14.1 rep.)
| ||||||
20 | Section 70. The Workers' Compensation Act is amended by | ||||||
21 | repealing Section 14.1.
| ||||||
22 | Section 99. Effective date. This Act takes effect upon | ||||||
23 | becoming law.".
|