093_HB0085ham001
LRB093 02692 LCB 11221 a
1 AMENDMENT TO HOUSE BILL 85
2 AMENDMENT NO. . Amend House Bill 85 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Elder Abuse and Neglect Act is amended
5 by changing Sections 2, 3.5, 4, and 7 as follows:
6 (320 ILCS 20/2) (from Ch. 23, par. 6602)
7 Sec. 2. Definitions. As used in this Act, unless the
8 context requires otherwise:
9 (a) "Abuse" means causing any physical, mental or sexual
10 injury to an eligible adult, including exploitation of such
11 adult's financial resources.
12 Nothing in this Act shall be construed to mean that an
13 eligible adult is a victim of abuse or neglect for the sole
14 reason that he or she is being furnished with or relies upon
15 treatment by spiritual means through prayer alone, in
16 accordance with the tenets and practices of a recognized
17 church or religious denomination.
18 Nothing in this Act shall be construed to mean that an
19 eligible adult is a victim of abuse because of health care
20 services provided or not provided by licensed health care
21 professionals.
22 (a-5) "Abuser" means a person who abuses, neglects, or
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1 financially exploits an eligible adult.
2 (a-7) "Caregiver" means a person who either as a result
3 of a family relationship, voluntarily, or in exchange for
4 compensation has assumed responsibility for all or a portion
5 of the care of an eligible adult who needs assistance with
6 activities of daily living.
7 (b) "Department" means the Department on Aging of the
8 State of Illinois.
9 (c) "Director" means the Director of the Department.
10 (d) "Domestic living situation" means a residence where
11 the eligible adult lives alone or with his or her family or a
12 caregiver, or others, or a board and care home or other
13 community-based unlicensed facility, but is not:
14 (1) A licensed facility as defined in Section 1-113
15 of the Nursing Home Care Act;
16 (2) A "life care facility" as defined in the Life
17 Care Facilities Act;
18 (3) A home, institution, or other place operated by
19 the federal government or agency thereof or by the State
20 of Illinois;
21 (4) A hospital, sanitarium, or other institution,
22 the principal activity or business of which is the
23 diagnosis, care, and treatment of human illness through
24 the maintenance and operation of organized facilities
25 therefor, which is required to be licensed under the
26 Hospital Licensing Act;
27 (5) A "community living facility" as defined in the
28 Community Living Facilities Licensing Act;
29 (6) A "community residential alternative" as
30 defined in the Community Residential Alternatives
31 Licensing Act; and
32 (7) A "community-integrated living arrangement" as
33 defined in the Community-Integrated Living Arrangements
34 Licensure and Certification Act.
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1 (e) "Eligible adult" means a person 60 years of age or
2 older who resides in a domestic living situation and is, or
3 is alleged to be, abused, neglected, or financially exploited
4 by another individual.
5 (f) "Emergency" means a situation in which an eligible
6 adult is living in conditions presenting a risk of death or
7 physical, mental or sexual injury and the provider agency has
8 reason to believe the eligible adult is unable to consent to
9 services which would alleviate that risk.
10 (f-5) "Mandated reporter" means any of the following
11 persons while engaged in carrying out their professional
12 duties:
13 (1) a professional or professional's delegate while
14 engaged in: (i) social services, (ii) law enforcement,
15 (iii) education, (iv) the care of an eligible adult or
16 eligible adults, or (v) any of the occupations required
17 to be licensed under the Clinical Psychologist Licensing
18 Act, the Clinical Social Work and Social Work Practice
19 Act, the Illinois Dental Practice Act, the Dietetic and
20 Nutrition Services Practice Act, the Marriage and Family
21 Therapy Licensing Act, the Medical Practice Act of 1987,
22 the Naprapathic Practice Act, the Nursing and Advanced
23 Practice Nursing Act, the Nursing Home Administrators
24 Licensing and Disciplinary Act, the Illinois Occupational
25 Therapy Practice Act, the Illinois Optometric Practice
26 Act of 1987, the Pharmacy Practice Act of 1987, the
27 Illinois Physical Therapy Act, the Physician Assistant
28 Practice Act of 1987, the Podiatric Medical Practice Act
29 of 1987, the Respiratory Care Practice Act, the
30 Professional Counselor and Clinical Professional
31 Counselor Licensing Act, the Illinois Speech-Language
32 Pathology and Audiology Practice Act, the Veterinary
33 Medicine and Surgery Practice Act of 1994, and the
34 Illinois Public Accounting Act;
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1 (2) an employee of a vocational rehabilitation
2 facility prescribed or supervised by the Department of
3 Human Services;
4 (3) an administrator, employee, or person providing
5 services in or through an unlicensed community based
6 facility;
7 (4) a Christian Science Practitioner;
8 (5) field personnel of the Department of Public
9 Aid, Department of Public Health, and Department of Human
10 Services, and any county or municipal health department;
11 (6) personnel of the Department of Human Services,
12 the Guardianship and Advocacy Commission, the State Fire
13 Marshal, local fire departments, the Department on Aging
14 and its subsidiary Area Agencies on Aging and provider
15 agencies, and the Office of State Long Term Care
16 Ombudsman;
17 (7) any employee of the State of Illinois not
18 otherwise specified herein who is involved in providing
19 services to eligible adults, including professionals
20 providing medical or rehabilitation services and all
21 other persons having direct contact with eligible adults;
22 or
23 (8) a person who performs the duties of a coroner
24 or medical examiner; or
25 (9) a person who performs the duties of a paramedic
26 or an emergency medical technician.
27 (g) "Neglect" means another individual's failure to
28 provide an eligible adult with or willful withholding from an
29 eligible adult the necessities of life including, but not
30 limited to, food, clothing, shelter or medical care. This
31 subsection does not create any new affirmative duty to
32 provide support to eligible adults. Nothing in this Act
33 shall be construed to mean that an eligible adult is a victim
34 of neglect because of health care services provided or not
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1 provided by licensed health care professionals.
2 (h) "Provider agency" means any public or nonprofit
3 agency in a planning and service area appointed by the
4 regional administrative agency with prior approval by the
5 Department on Aging to receive and assess reports of alleged
6 or suspected abuse, neglect, or financial exploitation.
7 (i) "Regional administrative agency" means any public or
8 nonprofit agency in a planning and service area so designated
9 by the Department, provided that the designated Area Agency
10 on Aging shall be designated the regional administrative
11 agency if it so requests. The Department shall assume the
12 functions of the regional administrative agency for any
13 planning and service area where another agency is not so
14 designated.
15 (j) "Substantiated case" means a reported case of
16 alleged or suspected abuse, neglect, or financial
17 exploitation in which a provider agency, after assessment,
18 determines that there is reason to believe abuse, neglect, or
19 financial exploitation has occurred.
20 (Source: P.A. 91-259, eff. 1-1-00; 91-357, eff. 7-29-99;
21 91-533, eff. 8-13-99; 92-16, eff. 6-28-01.)
22 (320 ILCS 20/3.5)
23 Sec. 3.5. Other Responsibilities. The Department shall
24 also be responsible for the following activities, contingent
25 upon adequate funding:
26 (a) promotion of a wide range of endeavors for the
27 purpose of preventing elder abuse, neglect, and financial
28 exploitation in both domestic and institutional settings,
29 including, but not limited to, promotion of public and
30 professional education to increase awareness of elder abuse,
31 neglect, and financial exploitation, to increase reports, and
32 to improve response by various legal, financial, social, and
33 health systems;
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1 (b) coordination of efforts with other agencies,
2 councils, and like entities, to include but not be limited
3 to, the Office of the Attorney General, the State Police, the
4 Illinois Law Enforcement Training Standards Board, the State
5 Triad, the Criminal Justice Information Authority, the
6 Departments of Public Health, Public Aid, and Human Services,
7 the Family Violence Coordinating Council, the Violence
8 Prevention Authority, and other entities which may impact
9 awareness of, and response to, elder abuse, neglect, and
10 financial exploitation;
11 (c) collection and analysis of data;
12 (d) monitoring of the performance of regional
13 administrative agencies and elder abuse provider agencies;
14 and
15 (e) promotion of prevention activities;.
16 (f) establishment and coordination of an aggressive
17 training program about the unique nature of elder abuse cases
18 with other agencies, councils, and like entities, including
19 but not limited to the Office of the Attorney General, the
20 State Police, the Illinois Law Enforcement Training Standards
21 Board, the State Triad, the Criminal Justice Information
22 Authority, the Departments of Public Health, Public Aid, and
23 Human Services, the Family Violence Coordinating Council, the
24 Illinois Violence Prevention Authority, and other entities
25 that may impact awareness of, and response to, elder abuse,
26 neglect, and financial exploitation;
27 (g) solicitation of financial institutions for the
28 purpose of making information available to the general public
29 warning of financial exploitation of the elderly and related
30 financial fraud or abuse, including such information and
31 warnings available through signage or other written materials
32 provided by the Department on the premises of such financial
33 institutions, provided that the manner of displaying or
34 distributing such information is subject to the sole
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1 discretion of each financial institution; and
2 (h) coordination of efforts with utility companies to
3 send notices in utility bills which explain elder rights
4 regarding telemarketing home repair frauds.
5 (Source: P.A. 92-16, eff. 6-28-01.)
6 (320 ILCS 20/4) (from Ch. 23, par. 6604)
7 Sec. 4. Reports of abuse or neglect.
8 (a) Any person who suspects the abuse, neglect, or
9 financial exploitation of an eligible adult may report this
10 suspicion to an agency designated to receive such reports
11 under this Act or to the Department.
12 (a-5) If any mandated reporter has reason to believe
13 that an eligible adult, who because of dysfunction is unable
14 to seek assistance for himself or herself, has, within the
15 previous 12 months, been subjected to abuse, neglect, or
16 financial exploitation, the mandated reporter shall, within
17 24 hours after developing such belief, report this suspicion
18 to an agency designated to receive such reports under this
19 Act or to the Department. Whenever a mandated reporter is
20 required to report under this Act in his or her capacity as a
21 member of the staff of a medical or other public or private
22 institution, facility, board and care home, or agency, he or
23 she shall make a report to an agency designated to receive
24 such reports under this Act or to the Department in
25 accordance with the provisions of this Act and may also
26 notify the person in charge of the institution, facility,
27 board and care home, or agency or his or her designated agent
28 that the report has been made. Under no circumstances shall
29 any person in charge of such institution, facility, board and
30 care home, or agency, or his or her designated agent to whom
31 the notification has been made, exercise any control,
32 restraint, modification, or other change in the report or the
33 forwarding of the report to an agency designated to receive
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1 such reports under this Act or to the Department. The
2 privileged quality of communication between any professional
3 person required to report and his or her patient or client
4 shall not apply to situations involving abused, neglected, or
5 financially exploited eligible adults and shall not
6 constitute grounds for failure to report as required by this
7 Act.
8 (a-7) A person making a report under this Act in the
9 belief that it is in the alleged victim's best interest shall
10 be immune from criminal or civil liability or professional
11 disciplinary action on account of making the report,
12 notwithstanding any requirements concerning the
13 confidentiality of information with respect to such eligible
14 adult which might otherwise be applicable.
15 (a-9) Law enforcement officers shall continue to report
16 incidents of alleged abuse pursuant to the Illinois Domestic
17 Violence Act of 1986, notwithstanding any requirements under
18 this Act.
19 (b) Any person, institution or agency participating in
20 the making of a report, providing information or records
21 related to a report, assessment, or services, or
22 participating in the investigation of a report under this Act
23 in good faith, or taking photographs or x-rays as a result of
24 an authorized assessment, shall have immunity from any civil,
25 criminal or other liability in any civil, criminal or other
26 proceeding brought in consequence of making such report or
27 assessment or on account of submitting or otherwise
28 disclosing such photographs or x-rays to any agency
29 designated to receive reports of alleged or suspected abuse
30 or neglect. Any person, institution or agency authorized by
31 the Department to provide assessment, intervention, or
32 administrative services under this Act shall, in the good
33 faith performance of those services, have immunity from any
34 civil, criminal or other liability in any civil, criminal, or
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1 other proceeding brought as a consequence of the performance
2 of those services. For the purposes of any civil, criminal,
3 or other proceeding, the good faith of any person required to
4 report, permitted to report, or participating in an
5 investigation of a report of alleged or suspected abuse,
6 neglect, or financial exploitation shall be presumed.
7 (c) The identity of a person making a report of alleged
8 or suspected abuse or neglect under this Act may be disclosed
9 by the Department or other agency provided for in this Act
10 only with such person's written consent or by court order.
11 (d) The Department shall by rule establish a system for
12 filing and compiling reports made under this Act.
13 (e) Any physician who willfully fails to report as
14 required by this Act shall be referred to the Illinois State
15 Medical Disciplinary Board for action in accordance with
16 subdivision (A)(22) of Section 22 of the Medical Practice Act
17 of 1987. Any dentist or dental hygienist who willfully fails
18 to report as required by this Act shall be referred to the
19 Department of Professional Regulation for action in
20 accordance with paragraph 19 of Section 23 of the Illinois
21 Dental Practice Act. Any other mandated reporter required by
22 this Act to report suspected abuse, neglect, or financial
23 exploitation who willfully fails to report the same is guilty
24 of a Class A misdemeanor.
25 (Source: P.A. 90-628, eff. 1-1-99.)
26 (320 ILCS 20/7) (from Ch. 23, par. 6607)
27 Sec. 7. Review. All services provided to an eligible
28 adult shall be reviewed by the provider agency on at least a
29 quarterly basis for up to 2 years one year to determine
30 whether the service care plan should be continued or
31 modified.
32 (Source: P.A. 90-628, eff. 1-1-99.)".