|
|||||||
| |||||||
| |||||||
1 | AN ACT concerning regulation.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Open Meetings Act is amended by changing | ||||||
5 | Section 2 as follows:
| ||||||
6 | (5 ILCS 120/2) (from Ch. 102, par. 42)
| ||||||
7 | Sec. 2. Open meetings.
| ||||||
8 | (a) Openness required. All meetings of public
bodies shall | ||||||
9 | be open to the public unless excepted in subsection (c)
and | ||||||
10 | closed in accordance with Section 2a.
| ||||||
11 | (b) Construction of exceptions. The exceptions contained | ||||||
12 | in subsection
(c) are in derogation of the requirement that | ||||||
13 | public bodies
meet in the open, and therefore, the exceptions | ||||||
14 | are to be strictly
construed, extending only to subjects | ||||||
15 | clearly within their scope.
The exceptions authorize but do not | ||||||
16 | require the holding of
a closed meeting to discuss a subject | ||||||
17 | included within an enumerated exception.
| ||||||
18 | (c) Exceptions. A public body may hold closed meetings to | ||||||
19 | consider the
following subjects:
| ||||||
20 | (1) The appointment, employment, compensation, | ||||||
21 | discipline, performance,
or dismissal of specific | ||||||
22 | employees of the public body or legal counsel for
the | ||||||
23 | public body, including hearing
testimony on a complaint | ||||||
24 | lodged against an employee of the public body or
against | ||||||
25 | legal counsel for the public body to determine its | ||||||
26 | validity.
| ||||||
27 | (2) Collective negotiating matters between the public | ||||||
28 | body and its
employees or their representatives, or | ||||||
29 | deliberations concerning salary
schedules for one or more | ||||||
30 | classes of employees.
| ||||||
31 | (3) The selection of a person to fill a public office,
| ||||||
32 | as defined in this Act, including a vacancy in a public |
| |||||||
| |||||||
1 | office, when the public
body is given power to appoint | ||||||
2 | under law or ordinance, or the discipline,
performance or | ||||||
3 | removal of the occupant of a public office, when the public | ||||||
4 | body
is given power to remove the occupant under law or | ||||||
5 | ordinance.
| ||||||
6 | (4) Evidence or testimony presented in open hearing, or | ||||||
7 | in closed
hearing where specifically authorized by law, to
| ||||||
8 | a quasi-adjudicative body, as defined in this Act, provided | ||||||
9 | that the body
prepares and makes available for public | ||||||
10 | inspection a written decision
setting forth its | ||||||
11 | determinative reasoning.
| ||||||
12 | (5) The purchase or lease of real property for the use | ||||||
13 | of
the public body, including meetings held for the purpose | ||||||
14 | of discussing
whether a particular parcel should be | ||||||
15 | acquired.
| ||||||
16 | (6) The setting of a price for sale or lease of | ||||||
17 | property owned
by the public body.
| ||||||
18 | (7) The sale or purchase of securities, investments, or | ||||||
19 | investment
contracts.
| ||||||
20 | (8) Security procedures and the use of personnel and
| ||||||
21 | equipment to respond to an actual, a threatened, or a | ||||||
22 | reasonably
potential danger to the safety of employees, | ||||||
23 | students, staff, the public, or
public
property.
| ||||||
24 | (9) Student disciplinary cases.
| ||||||
25 | (10) The placement of individual students in special | ||||||
26 | education
programs and other matters relating to | ||||||
27 | individual students.
| ||||||
28 | (11) Litigation, when an action against, affecting or | ||||||
29 | on behalf of the
particular public body has been filed and | ||||||
30 | is pending before a court or
administrative tribunal, or | ||||||
31 | when the public body finds that an action is
probable or | ||||||
32 | imminent, in which case the basis for the finding shall be
| ||||||
33 | recorded and entered into the minutes of the closed | ||||||
34 | meeting.
| ||||||
35 | (12) The establishment of reserves or settlement of | ||||||
36 | claims as provided
in the Local Governmental and |
| |||||||
| |||||||
1 | Governmental Employees Tort Immunity Act, if
otherwise the | ||||||
2 | disposition of a claim or potential claim might be
| ||||||
3 | prejudiced, or the review or discussion of claims, loss or | ||||||
4 | risk management
information, records, data, advice or | ||||||
5 | communications from or with respect
to any insurer of the | ||||||
6 | public body or any intergovernmental risk management
| ||||||
7 | association or self insurance pool of which the public body | ||||||
8 | is a member.
| ||||||
9 | (13) Conciliation of complaints of discrimination in | ||||||
10 | the sale or rental
of housing, when closed meetings are | ||||||
11 | authorized by the law or ordinance
prescribing fair housing | ||||||
12 | practices and creating a commission or
administrative | ||||||
13 | agency for their enforcement.
| ||||||
14 | (14) Informant sources, the hiring or assignment of | ||||||
15 | undercover personnel
or equipment, or ongoing, prior or | ||||||
16 | future criminal investigations, when
discussed by a public | ||||||
17 | body with criminal investigatory responsibilities.
| ||||||
18 | (15) Professional ethics or performance when | ||||||
19 | considered by an advisory
body appointed to advise a | ||||||
20 | licensing or regulatory agency on matters
germane to the | ||||||
21 | advisory body's field of competence.
| ||||||
22 | (16) Self evaluation, practices and procedures or | ||||||
23 | professional ethics,
when meeting with a representative of | ||||||
24 | a statewide association of which the
public body is a | ||||||
25 | member.
| ||||||
26 | (17) The recruitment, credentialing, discipline or | ||||||
27 | formal peer review
of physicians or other
health care | ||||||
28 | professionals for a hospital, or
other institution | ||||||
29 | providing medical care, that is operated by the public | ||||||
30 | body.
| ||||||
31 | (18) Deliberations for decisions of the Prisoner | ||||||
32 | Review Board.
| ||||||
33 | (19) Review or discussion of applications received | ||||||
34 | under the
Experimental Organ Transplantation Procedures | ||||||
35 | Act.
| ||||||
36 | (20) The classification and discussion of matters |
| |||||||
| |||||||
1 | classified as
confidential or continued confidential by | ||||||
2 | the State Employees Suggestion Award
Board.
| ||||||
3 | (21) Discussion of minutes of meetings lawfully closed | ||||||
4 | under this Act,
whether for purposes of approval by the | ||||||
5 | body of the minutes or semi-annual
review of the minutes as | ||||||
6 | mandated by Section 2.06.
| ||||||
7 | (22) Deliberations for decisions of the State
| ||||||
8 | Emergency Medical Services Disciplinary
Review Board.
| ||||||
9 | (23) The operation by a municipality of a municipal | ||||||
10 | utility or the
operation of a
municipal power agency or | ||||||
11 | municipal natural gas agency when the
discussion involves | ||||||
12 | (i) contracts relating to the
purchase, sale, or delivery | ||||||
13 | of electricity or natural gas or (ii) the results
or | ||||||
14 | conclusions of load forecast studies.
| ||||||
15 | (24) Meetings of a residential health care facility | ||||||
16 | resident sexual
assault and death review
team or
the | ||||||
17 | Residential Health Care Facility Resident Sexual Assault | ||||||
18 | and Death Review
Teams Executive
Council under the Abuse | ||||||
19 | Prevention
Residential Health Care Facility Resident | ||||||
20 | Sexual Assault and
Death Review
Team Act.
| ||||||
21 | (d) Definitions. For purposes of this Section:
| ||||||
22 | "Employee" means a person employed by a public body whose | ||||||
23 | relationship
with the public body constitutes an | ||||||
24 | employer-employee relationship under
the usual common law | ||||||
25 | rules, and who is not an independent contractor.
| ||||||
26 | "Public office" means a position created by or under the
| ||||||
27 | Constitution or laws of this State, the occupant of which is | ||||||
28 | charged with
the exercise of some portion of the sovereign | ||||||
29 | power of this State. The term
"public office" shall include | ||||||
30 | members of the public body, but it shall not
include | ||||||
31 | organizational positions filled by members thereof, whether
| ||||||
32 | established by law or by a public body itself, that exist to | ||||||
33 | assist the
body in the conduct of its business.
| ||||||
34 | "Quasi-adjudicative body" means an administrative body | ||||||
35 | charged by law or
ordinance with the responsibility to conduct | ||||||
36 | hearings, receive evidence or
testimony and make |
| |||||||
| |||||||
1 | determinations based
thereon, but does not include
local | ||||||
2 | electoral boards when such bodies are considering petition | ||||||
3 | challenges.
| ||||||
4 | (e) Final action. No final action may be taken at a closed | ||||||
5 | meeting.
Final action shall be preceded by a public recital of | ||||||
6 | the nature of the
matter being considered and other information | ||||||
7 | that will inform the
public of the business being conducted.
| ||||||
8 | (Source: P.A. 93-57, eff. 7-1-03; 93-79, eff. 7-2-03; 93-422, | ||||||
9 | eff. 8-5-03;
93-577, eff. 8-21-03; revised 9-8-03.)
| ||||||
10 | Section 10. The Freedom of Information Act is amended by | ||||||
11 | changing Section 7 as follows: | ||||||
12 | (5 ILCS 140/7) (from Ch. 116, par. 207)
| ||||||
13 | Sec. 7. Exemptions.
| ||||||
14 | (1) The following shall be exempt from inspection and | ||||||
15 | copying:
| ||||||
16 | (a) Information specifically prohibited from | ||||||
17 | disclosure by federal or
State law or rules and regulations | ||||||
18 | adopted under federal or State law.
| ||||||
19 | (b) Information that, if disclosed, would constitute a | ||||||
20 | clearly
unwarranted invasion of personal privacy, unless | ||||||
21 | the disclosure is
consented to in writing by the individual | ||||||
22 | subjects of the information. The
disclosure of information | ||||||
23 | that bears on the public duties of public
employees and | ||||||
24 | officials shall not be considered an invasion of personal
| ||||||
25 | privacy. Information exempted under this subsection (b) | ||||||
26 | shall include but
is not limited to:
| ||||||
27 | (i) files and personal information maintained with | ||||||
28 | respect to
clients, patients, residents, students or | ||||||
29 | other individuals receiving
social, medical, | ||||||
30 | educational, vocational, financial, supervisory or
| ||||||
31 | custodial care or services directly or indirectly from | ||||||
32 | federal agencies
or public bodies;
| ||||||
33 | (ii) personnel files and personal information | ||||||
34 | maintained with
respect to employees, appointees or |
| |||||||
| |||||||
1 | elected officials of any public body or
applicants for | ||||||
2 | those positions;
| ||||||
3 | (iii) files and personal information maintained | ||||||
4 | with respect to any
applicant, registrant or licensee | ||||||
5 | by any public body cooperating with or
engaged in | ||||||
6 | professional or occupational registration, licensure | ||||||
7 | or discipline;
| ||||||
8 | (iv) information required of any taxpayer in | ||||||
9 | connection with the
assessment or collection of any tax | ||||||
10 | unless disclosure is otherwise required
by State | ||||||
11 | statute;
| ||||||
12 | (v) information revealing the identity of persons | ||||||
13 | who file complaints
with or provide information to | ||||||
14 | administrative, investigative, law enforcement
or | ||||||
15 | penal agencies; provided, however, that identification | ||||||
16 | of witnesses to
traffic accidents, traffic accident | ||||||
17 | reports, and rescue reports may be provided
by agencies | ||||||
18 | of local government, except in a case for which a | ||||||
19 | criminal
investigation is ongoing, without | ||||||
20 | constituting a clearly unwarranted per se
invasion of | ||||||
21 | personal privacy under this subsection; and
| ||||||
22 | (vi) the names, addresses, or other personal | ||||||
23 | information of
participants and registrants in park | ||||||
24 | district, forest preserve district, and
conservation | ||||||
25 | district programs.
| ||||||
26 | (c) Records compiled by any public body for | ||||||
27 | administrative enforcement
proceedings and any law | ||||||
28 | enforcement or correctional agency for
law enforcement | ||||||
29 | purposes or for internal matters of a public body,
but only | ||||||
30 | to the extent that disclosure would:
| ||||||
31 | (i) interfere with pending or actually and | ||||||
32 | reasonably contemplated
law enforcement proceedings | ||||||
33 | conducted by any law enforcement or correctional
| ||||||
34 | agency;
| ||||||
35 | (ii) interfere with pending administrative | ||||||
36 | enforcement proceedings
conducted by any public body;
|
| |||||||
| |||||||
1 | (iii) deprive a person of a fair trial or an | ||||||
2 | impartial hearing;
| ||||||
3 | (iv) unavoidably disclose the identity of a | ||||||
4 | confidential source or
confidential information | ||||||
5 | furnished only by the confidential source;
| ||||||
6 | (v) disclose unique or specialized investigative | ||||||
7 | techniques other than
those generally used and known or | ||||||
8 | disclose internal documents of
correctional agencies | ||||||
9 | related to detection, observation or investigation of
| ||||||
10 | incidents of crime or misconduct;
| ||||||
11 | (vi) constitute an invasion of personal privacy | ||||||
12 | under subsection (b) of
this Section;
| ||||||
13 | (vii) endanger the life or physical safety of law | ||||||
14 | enforcement personnel
or any other person; or
| ||||||
15 | (viii) obstruct an ongoing criminal investigation.
| ||||||
16 | (d) Criminal history record information maintained by | ||||||
17 | State or local
criminal justice agencies, except the | ||||||
18 | following which shall be open for
public inspection and | ||||||
19 | copying:
| ||||||
20 | (i) chronologically maintained arrest information, | ||||||
21 | such as traditional
arrest logs or blotters;
| ||||||
22 | (ii) the name of a person in the custody of a law | ||||||
23 | enforcement agency and
the charges for which that | ||||||
24 | person is being held;
| ||||||
25 | (iii) court records that are public;
| ||||||
26 | (iv) records that are otherwise available under | ||||||
27 | State or local law; or
| ||||||
28 | (v) records in which the requesting party is the | ||||||
29 | individual
identified, except as provided under part | ||||||
30 | (vii) of
paragraph (c) of subsection (1) of this | ||||||
31 | Section.
| ||||||
32 | "Criminal history record information" means data | ||||||
33 | identifiable to an
individual and consisting of | ||||||
34 | descriptions or notations of arrests,
detentions, | ||||||
35 | indictments, informations, pre-trial proceedings, trials, | ||||||
36 | or
other formal events in the criminal justice system or |
| |||||||
| |||||||
1 | descriptions or
notations of criminal charges (including | ||||||
2 | criminal violations of local
municipal ordinances) and the | ||||||
3 | nature of any disposition arising therefrom,
including | ||||||
4 | sentencing, court or correctional supervision, | ||||||
5 | rehabilitation and
release. The term does not apply to | ||||||
6 | statistical records and reports in
which individuals are | ||||||
7 | not identified and from which
their identities are not | ||||||
8 | ascertainable, or to information that is for
criminal | ||||||
9 | investigative or intelligence purposes.
| ||||||
10 | (e) Records that relate to or affect the security of | ||||||
11 | correctional
institutions and detention facilities.
| ||||||
12 | (f) Preliminary drafts, notes, recommendations, | ||||||
13 | memoranda and other
records in which opinions are | ||||||
14 | expressed, or policies or actions are
formulated, except | ||||||
15 | that a specific record or relevant portion of a
record | ||||||
16 | shall not be exempt when the record is publicly cited
and | ||||||
17 | identified by the head of the public body. The exemption | ||||||
18 | provided in
this paragraph (f) extends to all those records | ||||||
19 | of officers and agencies
of the General Assembly that | ||||||
20 | pertain to the preparation of legislative
documents.
| ||||||
21 | (g) Trade secrets and commercial or financial | ||||||
22 | information obtained from
a person or business where the | ||||||
23 | trade secrets or information are
proprietary, privileged | ||||||
24 | or confidential, or where disclosure of the trade
secrets | ||||||
25 | or information may cause competitive harm, including: | ||||||
26 | (i) All
information determined to be confidential | ||||||
27 | under Section 4002 of the
Technology Advancement and | ||||||
28 | Development Act. | ||||||
29 | (ii) All trade secrets and commercial or financial | ||||||
30 | information obtained by a public body, including a | ||||||
31 | public pension fund, from a private equity fund or a | ||||||
32 | privately held company within the investment portfolio | ||||||
33 | of a private equity fund as a result of either | ||||||
34 | investing or evaluating a potential investment of | ||||||
35 | public funds in a private equity fund. The exemption | ||||||
36 | contained in this item does not apply to the aggregate |
| |||||||
| |||||||
1 | financial performance information of a private equity | ||||||
2 | fund, nor to the identity of the fund's managers or | ||||||
3 | general partners. The exemption contained in this item | ||||||
4 | does not apply to the identity of a privately held | ||||||
5 | company within the investment portfolio of a private | ||||||
6 | equity fund, unless the disclosure of the identity of a | ||||||
7 | privately held company may cause competitive harm.
| ||||||
8 | Nothing contained in this
paragraph (g) shall be construed | ||||||
9 | to prevent a person or business from
consenting to disclosure.
| ||||||
10 | (h) Proposals and bids for any contract, grant, or | ||||||
11 | agreement, including
information which if it were | ||||||
12 | disclosed would frustrate procurement or give
an advantage | ||||||
13 | to any person proposing to enter into a contractor | ||||||
14 | agreement
with the body, until an award or final selection | ||||||
15 | is made. Information
prepared by or for the body in | ||||||
16 | preparation of a bid solicitation shall be
exempt until an | ||||||
17 | award or final selection is made.
| ||||||
18 | (i) Valuable formulae,
computer geographic systems,
| ||||||
19 | designs, drawings and research data obtained or
produced by | ||||||
20 | any public body when disclosure could reasonably be | ||||||
21 | expected to
produce private gain or public loss.
The | ||||||
22 | exemption for "computer geographic systems" provided in | ||||||
23 | this paragraph
(i) does not extend to requests made by news | ||||||
24 | media as defined in Section 2 of
this Act when the | ||||||
25 | requested information is not otherwise exempt and the only
| ||||||
26 | purpose of the request is to access and disseminate | ||||||
27 | information regarding the
health, safety, welfare, or | ||||||
28 | legal rights of the general public.
| ||||||
29 | (j) Test questions, scoring keys and other examination | ||||||
30 | data used to
administer an academic examination or | ||||||
31 | determined the qualifications of an
applicant for a license | ||||||
32 | or employment.
| ||||||
33 | (k) Architects' plans, engineers' technical | ||||||
34 | submissions, and
other
construction related technical | ||||||
35 | documents for
projects not constructed or developed in | ||||||
36 | whole or in part with public funds
and the same for |
| |||||||
| |||||||
1 | projects constructed or developed with public funds, but
| ||||||
2 | only to the extent
that disclosure would compromise | ||||||
3 | security, including but not limited to water
treatment | ||||||
4 | facilities, airport facilities, sport stadiums, convention | ||||||
5 | centers,
and all government owned, operated, or occupied | ||||||
6 | buildings.
| ||||||
7 | (l) Library circulation and order records identifying | ||||||
8 | library users with
specific materials.
| ||||||
9 | (m) Minutes of meetings of public bodies closed to the
| ||||||
10 | public as provided in the Open Meetings Act until the | ||||||
11 | public body
makes the minutes available to the public under | ||||||
12 | Section 2.06 of the Open
Meetings Act.
| ||||||
13 | (n) Communications between a public body and an | ||||||
14 | attorney or auditor
representing the public body that would | ||||||
15 | not be subject to discovery in
litigation, and materials | ||||||
16 | prepared or compiled by or for a public body in
| ||||||
17 | anticipation of a criminal, civil or administrative | ||||||
18 | proceeding upon the
request of an attorney advising the | ||||||
19 | public body, and materials prepared or
compiled with | ||||||
20 | respect to internal audits of public bodies.
| ||||||
21 | (o) Information received by a primary or secondary | ||||||
22 | school, college or
university under its procedures for the | ||||||
23 | evaluation of faculty members by
their academic peers.
| ||||||
24 | (p) Administrative or technical information associated | ||||||
25 | with automated
data processing operations, including but | ||||||
26 | not limited to software,
operating protocols, computer | ||||||
27 | program abstracts, file layouts, source
listings, object | ||||||
28 | modules, load modules, user guides, documentation
| ||||||
29 | pertaining to all logical and physical design of | ||||||
30 | computerized systems,
employee manuals, and any other | ||||||
31 | information that, if disclosed, would
jeopardize the | ||||||
32 | security of the system or its data or the security of
| ||||||
33 | materials exempt under this Section.
| ||||||
34 | (q) Documents or materials relating to collective | ||||||
35 | negotiating matters
between public bodies and their | ||||||
36 | employees or representatives, except that
any final |
| |||||||
| |||||||
1 | contract or agreement shall be subject to inspection and | ||||||
2 | copying.
| ||||||
3 | (r) Drafts, notes, recommendations and memoranda | ||||||
4 | pertaining to the
financing and marketing transactions of | ||||||
5 | the public body. The records of
ownership, registration, | ||||||
6 | transfer, and exchange of municipal debt
obligations, and | ||||||
7 | of persons to whom payment with respect to these | ||||||
8 | obligations
is made.
| ||||||
9 | (s) The records, documents and information relating to | ||||||
10 | real estate
purchase negotiations until those negotiations | ||||||
11 | have been completed or
otherwise terminated. With regard to | ||||||
12 | a parcel involved in a pending or
actually and reasonably | ||||||
13 | contemplated eminent domain proceeding under
Article VII | ||||||
14 | of the Code of Civil Procedure, records, documents and
| ||||||
15 | information relating to that parcel shall be exempt except | ||||||
16 | as may be
allowed under discovery rules adopted by the | ||||||
17 | Illinois Supreme Court. The
records, documents and | ||||||
18 | information relating to a real estate sale shall be
exempt | ||||||
19 | until a sale is consummated.
| ||||||
20 | (t) Any and all proprietary information and records | ||||||
21 | related to the
operation of an intergovernmental risk | ||||||
22 | management association or
self-insurance pool or jointly | ||||||
23 | self-administered health and accident
cooperative or pool.
| ||||||
24 | (u) Information concerning a university's adjudication | ||||||
25 | of student or
employee grievance or disciplinary cases, to | ||||||
26 | the extent that disclosure
would reveal the identity of the | ||||||
27 | student or employee and information
concerning any public | ||||||
28 | body's adjudication of student or employee grievances
or | ||||||
29 | disciplinary cases, except for the final outcome of the | ||||||
30 | cases.
| ||||||
31 | (v) Course materials or research materials used by | ||||||
32 | faculty members.
| ||||||
33 | (w) Information related solely to the internal | ||||||
34 | personnel rules and
practices of a public body.
| ||||||
35 | (x) Information contained in or related to | ||||||
36 | examination, operating, or
condition reports prepared by, |
| |||||||
| |||||||
1 | on behalf of, or for the use of a public
body responsible | ||||||
2 | for the regulation or supervision of financial
| ||||||
3 | institutions or insurance companies, unless disclosure is | ||||||
4 | otherwise
required by State law.
| ||||||
5 | (y) Information the disclosure of which is restricted | ||||||
6 | under Section
5-108 of the Public Utilities Act.
| ||||||
7 | (z) Manuals or instruction to staff that relate to | ||||||
8 | establishment or
collection of liability for any State tax | ||||||
9 | or that relate to investigations
by a public body to | ||||||
10 | determine violation of any criminal law.
| ||||||
11 | (aa) Applications, related documents, and medical | ||||||
12 | records received by
the Experimental Organ Transplantation | ||||||
13 | Procedures Board and any and all
documents or other records | ||||||
14 | prepared by the Experimental Organ
Transplantation | ||||||
15 | Procedures Board or its staff relating to applications
it | ||||||
16 | has received.
| ||||||
17 | (bb) Insurance or self insurance (including any | ||||||
18 | intergovernmental risk
management association or self | ||||||
19 | insurance pool) claims, loss or risk
management | ||||||
20 | information, records, data, advice or communications.
| ||||||
21 | (cc) Information and records held by the Department of | ||||||
22 | Public Health and
its authorized representatives relating | ||||||
23 | to known or suspected cases of
sexually transmissible | ||||||
24 | disease or any information the disclosure of which
is | ||||||
25 | restricted under the Illinois Sexually Transmissible | ||||||
26 | Disease Control Act.
| ||||||
27 | (dd) Information the disclosure of which is exempted | ||||||
28 | under Section 30
of the Radon Industry Licensing Act.
| ||||||
29 | (ee) Firm performance evaluations under Section 55 of | ||||||
30 | the
Architectural, Engineering, and Land Surveying | ||||||
31 | Qualifications Based
Selection Act.
| ||||||
32 | (ff) Security portions of system safety program plans, | ||||||
33 | investigation
reports, surveys, schedules, lists, data, or | ||||||
34 | information compiled, collected,
or prepared by or for the | ||||||
35 | Regional Transportation Authority under Section 2.11
of | ||||||
36 | the Regional Transportation Authority Act or the St. Clair |
| |||||||
| |||||||
1 | County Transit
District under the
Bi-State Transit Safety | ||||||
2 | Act.
| ||||||
3 | (gg) Information the disclosure of which is restricted | ||||||
4 | and
exempted under Section 50 of the Illinois Prepaid | ||||||
5 | Tuition Act.
| ||||||
6 | (hh) Information the disclosure of which is
exempted | ||||||
7 | under the State Officials and Employees Ethics Act.
| ||||||
8 | (ii) Beginning July 1, 1999, information that would | ||||||
9 | disclose
or might lead to the disclosure of
secret or | ||||||
10 | confidential information, codes, algorithms, programs, or | ||||||
11 | private
keys intended to be used to create electronic or | ||||||
12 | digital signatures under the
Electronic Commerce Security | ||||||
13 | Act.
| ||||||
14 | (jj) Information contained in a local emergency energy | ||||||
15 | plan submitted to
a municipality in accordance with a local | ||||||
16 | emergency energy plan ordinance that
is adopted under | ||||||
17 | Section 11-21.5-5 of the Illinois Municipal Code.
| ||||||
18 | (kk) Information and data concerning the distribution | ||||||
19 | of
surcharge moneys collected and remitted by wireless | ||||||
20 | carriers under the Wireless
Emergency Telephone Safety | ||||||
21 | Act.
| ||||||
22 | (ll) Vulnerability assessments, security measures, and | ||||||
23 | response policies
or plans that are designed to identify, | ||||||
24 | prevent, or respond to potential
attacks upon a community's | ||||||
25 | population or systems, facilities, or installations,
the | ||||||
26 | destruction or contamination of which would constitute a | ||||||
27 | clear and present
danger to the health or safety of the | ||||||
28 | community, but only to the extent that
disclosure could | ||||||
29 | reasonably be expected to jeopardize the effectiveness of | ||||||
30 | the
measures or the safety of the personnel who implement | ||||||
31 | them or the public.
Information exempt under this item may | ||||||
32 | include such things as details
pertaining to the | ||||||
33 | mobilization or deployment of personnel or equipment, to | ||||||
34 | the
operation of communication systems or protocols, or to | ||||||
35 | tactical operations.
| ||||||
36 | (mm) Maps and other records regarding the location or |
| |||||||
| |||||||
1 | security of a
utility's generation, transmission, | ||||||
2 | distribution, storage, gathering,
treatment, or switching | ||||||
3 | facilities.
| ||||||
4 | (nn) Law enforcement officer identification | ||||||
5 | information or
driver
identification
information compiled | ||||||
6 | by a law enforcement agency or the Department of
| ||||||
7 | Transportation
under Section 11-212 of the Illinois | ||||||
8 | Vehicle Code.
| ||||||
9 | (oo) Records and information provided to a residential
| ||||||
10 | health care
facility resident sexual assault
and death | ||||||
11 | review team or the Residential Health Care Facility | ||||||
12 | Resident Sexual
Assault and Death Review Teams Executive | ||||||
13 | Council under the Abuse Prevention
Residential Health
Care | ||||||
14 | Facility Resident Sexual Assault and Death Review Team Act.
| ||||||
15 | (pp) Information provided to the predatory lending | ||||||
16 | database created pursuant to Article 3 of the Residential | ||||||
17 | Real Property Disclosure Act, except to the extent | ||||||
18 | authorized under that Article.
| ||||||
19 | (qq)
(pp) Defense budgets and petitions for | ||||||
20 | certification of compensation and expenses for court | ||||||
21 | appointed trial counsel as provided under Sections 10 and | ||||||
22 | 15 of the Capital Crimes Litigation Act. This subsection | ||||||
23 | (qq)
(pp) shall apply until the conclusion of the trial and | ||||||
24 | appeal of the case, even if the prosecution chooses not to | ||||||
25 | pursue the death penalty prior to trial or sentencing.
| ||||||
26 | (2) This Section does not authorize withholding of | ||||||
27 | information or limit the
availability of records to the public, | ||||||
28 | except as stated in this Section or
otherwise provided in this | ||||||
29 | Act.
| ||||||
30 | (Source: P.A. 93-43, eff. 7-1-03; 93-209, eff. 7-18-03; 93-237, | ||||||
31 | eff. 7-22-03; 93-325, eff. 7-23-03, 93-422, eff. 8-5-03; | ||||||
32 | 93-577, eff. 8-21-03; 93-617, eff. 12-9-03; 94-280, eff. | ||||||
33 | 1-1-06; 94-508, eff. 1-1-06; 94-664, eff. 1-1-06; revised | ||||||
34 | 8-29-05.)
| ||||||
35 | Section 15. The Abuse Prevention Review Team Act is amended |
| |||||||
| |||||||
1 | by changing Sections 5, 15, 20, 25, and 40 and by adding | ||||||
2 | Sections 45 and 50 as follows:
| ||||||
3 | (210 ILCS 28/5)
| ||||||
4 | (Section scheduled to be repealed on July 1, 2006)
| ||||||
5 | Sec. 5. State policy. The following statements are the | ||||||
6 | policy of this
State:
| ||||||
7 | (1) Every nursing home resident is entitled to live in | ||||||
8 | safety and decency
and
to receive competent and respectful | ||||||
9 | care that meets the requirements of State
and federal law.
| ||||||
10 | (2) Responding to sexual assaults of
on nursing home | ||||||
11 | residents and to
unnecessary nursing home resident deaths | ||||||
12 | is a State and a community
responsibility.
| ||||||
13 | (3) When a nursing home resident is sexually assaulted | ||||||
14 | or dies
unnecessarily,
the response by the State and the | ||||||
15 | community to the assault or death must
include an accurate | ||||||
16 | and complete determination of the cause of the assault or
| ||||||
17 | death and the development and implementation of measures to | ||||||
18 | prevent future
assaults or deaths from similar causes. The | ||||||
19 | response may include court action,
including prosecution | ||||||
20 | of persons who may be responsible for the assault or
death
| ||||||
21 | and proceedings to protect other residents of the facility | ||||||
22 | where the resident
lived,
and disciplinary action against | ||||||
23 | persons who failed to meet their professional
| ||||||
24 | responsibilities to the resident.
| ||||||
25 | (4) Professionals from disparate disciplines and | ||||||
26 | agencies who have
responsibilities for nursing home | ||||||
27 | residents and expertise that can promote
resident safety | ||||||
28 | and well-being should share their expertise and knowledge | ||||||
29 | so
that the goals of determining the causes of sexual | ||||||
30 | assaults and unnecessary
resident deaths, planning and | ||||||
31 | providing services to surviving residents, and
preventing | ||||||
32 | future assaults and unnecessary deaths can be achieved.
| ||||||
33 | (5) A greater understanding of the incidence and causes | ||||||
34 | of sexual assaults
against nursing home residents and | ||||||
35 | unnecessary nursing home resident deaths
is necessary if |
| |||||||
| |||||||
1 | the State is to prevent future assaults and unnecessary | ||||||
2 | deaths.
| ||||||
3 | (6) Multi-disciplinary and multi-agency reviews of | ||||||
4 | sexual assaults against
nursing home residents and | ||||||
5 | unnecessary nursing home resident deaths can
assist the | ||||||
6 | State and counties in (i) investigating resident sexual | ||||||
7 | assaults and
deaths, (ii) developing a greater | ||||||
8 | understanding of the incidence and causes of
resident | ||||||
9 | sexual assault and deaths and the methods for preventing | ||||||
10 | those
assaults and deaths, and (iii) identifying gaps in | ||||||
11 | services to nursing home
residents.
| ||||||
12 | (7) Access to information regarding assaulted and | ||||||
13 | deceased nursing home
residents by multi-disciplinary and | ||||||
14 | multi-agency nursing home resident sexual
assault and | ||||||
15 | death review teams is necessary for those teams to fulfill
| ||||||
16 | achieve their
purposes and duties.
| ||||||
17 | (Source: P.A. 93-577, eff. 8-21-03.)
| ||||||
18 | (210 ILCS 28/15)
| ||||||
19 | (Section scheduled to be repealed on July 1, 2006)
| ||||||
20 | Sec. 15. Residential health care facility resident sexual | ||||||
21 | assault and
death review teams;
establishment.
| ||||||
22 | (a) The Director, in consultation with the Executive | ||||||
23 | Council and with law
enforcement agencies
and other | ||||||
24 | professionals who work in the field of investigating, treating, | ||||||
25 | or
preventing nursing home resident abuse or neglect in each of | ||||||
26 | the Department's
administrative regions of the State, shall
| ||||||
27 | appoint members to two
a residential health care facility | ||||||
28 | resident sexual assault
and death review
teams
team in each | ||||||
29 | such region
outside
Cook County and to at least one review team | ||||||
30 | in Cook County . The Director shall appoint more teams if the | ||||||
31 | Director or the existing teams determine that more teams are | ||||||
32 | necessary to achieve the purposes of this Act. An Executive | ||||||
33 | Council shall be organized no later than when at least 4 teams | ||||||
34 | are formed. The members of a
team shall be appointed for 2-year | ||||||
35 | staggered terms and shall be eligible for
reappointment
upon |
| |||||||
| |||||||
1 | the expiration of their terms.
| ||||||
2 | (b) Each review team shall
consist of at least one member | ||||||
3 | from each of the following categories:
| ||||||
4 | (1) Geriatrician or other physician knowledgeable | ||||||
5 | about nursing home
resident abuse and neglect.
| ||||||
6 | (2) Representative of the Department.
| ||||||
7 | (3) State's Attorney or State's Attorney's | ||||||
8 | representative.
| ||||||
9 | (4) Representative of a local law enforcement agency.
| ||||||
10 | (5) Representative of the Illinois Attorney General.
| ||||||
11 | (6) Psychologist or psychiatrist.
| ||||||
12 | (7) Representative of a local health department.
| ||||||
13 | (8) Representative of a social service or health care | ||||||
14 | agency that provides
services to persons with mental | ||||||
15 | illness, in a program whose accreditation to
provide such | ||||||
16 | services is recognized by the Office of Mental Health
| ||||||
17 | within the Department of Human Services.
| ||||||
18 | (9) Representative of a social service or health care | ||||||
19 | agency that
provides
services to persons with | ||||||
20 | developmental disabilities, in a program whose
| ||||||
21 | accreditation to provide such services is recognized by the | ||||||
22 | Office of
Developmental Disabilities within the Department | ||||||
23 | of Human Services.
| ||||||
24 | (10) Coroner or forensic pathologist.
| ||||||
25 | (11) Representative of the local sub-state ombudsman.
| ||||||
26 | (12) Representative of a nursing home resident | ||||||
27 | advocacy organization.
| ||||||
28 | (13) Representative of a local hospital, trauma | ||||||
29 | center, or provider of
emergency medical services.
| ||||||
30 | (14) Representative of an organization that represents | ||||||
31 | nursing homes.
| ||||||
32 | Each review team may make recommendations to the Director | ||||||
33 | concerning
additional appointments.
Each review team member | ||||||
34 | must have demonstrated experience and an
interest in | ||||||
35 | investigating, treating, or preventing nursing home resident | ||||||
36 | abuse
or
neglect.
|
| |||||||
| |||||||
1 | (c) Each review team shall
select a chairperson from among | ||||||
2 | its members. The chairperson shall also serve
on the Illinois | ||||||
3 | Residential Health Care Facility Sexual Assault and Death
| ||||||
4 | Review Teams Executive
Council.
| ||||||
5 | (Source: P.A. 93-577, eff. 8-21-03.)
| ||||||
6 | (210 ILCS 28/20)
| ||||||
7 | (Section scheduled to be repealed on July 1, 2006)
| ||||||
8 | Sec. 20. Reviews of nursing home resident sexual assaults | ||||||
9 | and deaths.
| ||||||
10 | (a) Every reported case of sexual assault of a nursing home | ||||||
11 | resident that the Department determined to be valid
is | ||||||
12 | confirmed shall be reviewed by the
review team for the region | ||||||
13 | that has primary case management responsibility.
| ||||||
14 | (b) Every death of a nursing home resident shall be | ||||||
15 | reviewed by the review
team for
the region that has primary | ||||||
16 | case management responsibility, if the
deceased resident is one | ||||||
17 | of the following:
| ||||||
18 | (1) A person whose death is reviewed by the Department | ||||||
19 | during any regulatory activity, whether or not there were | ||||||
20 | any federal or State violations
care the Department found | ||||||
21 | violated federal or
State standards in the 6 months | ||||||
22 | preceding the resident's death .
| ||||||
23 | (2) A person about whose care the Department received a | ||||||
24 | complaint alleging that the resident's care violated | ||||||
25 | federal or State standards so as to contribute to the | ||||||
26 | resident's death.
A person whose care was the subject of a | ||||||
27 | complaint to the Department
in the 30 days preceding the | ||||||
28 | resident's death, or after the resident's death. | ||||||
29 | (3) A resident whose death is referred to the | ||||||
30 | Department for investigation by a local coroner, medical | ||||||
31 | examiner, or law enforcement agency.
| ||||||
32 | A review team may, at its discretion, review other sudden, | ||||||
33 | unexpected, or
unexplained nursing home resident deaths. The | ||||||
34 | Department shall bring such deaths to the attention of the | ||||||
35 | teams when it determines that doing so will help to achieve the |
| |||||||
| |||||||
1 | purposes of this Act.
| ||||||
2 | (c)
(b) A review team's purpose
in conducting reviews of | ||||||
3 | resident sexual assaults and deaths is to do the
following:
| ||||||
4 | (1) Assist in determining the cause and manner of the | ||||||
5 | resident's assault
or death, when requested.
| ||||||
6 | (2) Evaluate means, if any, by which the assault or | ||||||
7 | death might have been
prevented.
| ||||||
8 | (3) Report its findings to the Director
appropriate | ||||||
9 | agencies and make recommendations
that may help to reduce | ||||||
10 | the number of sexual assaults on and unnecessary
deaths of | ||||||
11 | nursing home residents.
| ||||||
12 | (4) Promote continuing education for professionals | ||||||
13 | involved in
investigating, treating, and preventing | ||||||
14 | nursing home resident abuse and neglect
as a means of | ||||||
15 | preventing sexual assaults and unnecessary deaths of | ||||||
16 | nursing
home residents.
| ||||||
17 | (5) Make specific recommendations to the Director | ||||||
18 | concerning the
prevention of sexual assaults and | ||||||
19 | unnecessary deaths of nursing home residents
and the | ||||||
20 | establishment of protocols for investigating resident | ||||||
21 | sexual assaults
and
deaths.
| ||||||
22 | (d)
(c) A review team must review the
a sexual assault or | ||||||
23 | death cases submitted to it on a quarterly basis. The
as soon | ||||||
24 | as
practicable
and not later than 90 days following the | ||||||
25 | completion by the Department of the
investigation of the | ||||||
26 | assault or death under the Nursing Home Care Act. When
there | ||||||
27 | has been no investigation by the Department, the review team | ||||||
28 | must review
a sexual assault or death within 90 days after | ||||||
29 | obtaining the information
necessary to complete the review from | ||||||
30 | the coroner, pathologist, medical
examiner, or law enforcement | ||||||
31 | agency, depending on the nature of the case. A
review team must | ||||||
32 | meet at least once in each calendar quarter if there are cases | ||||||
33 | to be reviewed. The Department shall forward cases pursuant to | ||||||
34 | subsections (a) and (b) of this Section within 120 days after | ||||||
35 | completion of the investigation .
| ||||||
36 | (e)
(d) Within 90 days after receiving recommendations
made |
| |||||||
| |||||||
1 | by a review team under item (5) of subsection (c)
(b) , the | ||||||
2 | Director must
review those recommendations and respond to the | ||||||
3 | review team. The Director shall
implement
recommendations as | ||||||
4 | feasible and appropriate and shall respond to the review
team | ||||||
5 | in writing to
explain the implementation or nonimplementation | ||||||
6 | of the recommendations.
| ||||||
7 | (f)
(e) In any instance when a review team does not operate | ||||||
8 | in accordance with
established protocol, the Director, in | ||||||
9 | consultation and cooperation with the
Executive Council, must | ||||||
10 | take any necessary actions to bring the review team
into | ||||||
11 | compliance with the protocol.
| ||||||
12 | (Source: P.A. 93-577, eff. 8-21-03.)
| ||||||
13 | (210 ILCS 28/25)
| ||||||
14 | (Section scheduled to be repealed on July 1, 2006)
| ||||||
15 | Sec. 25. Review team access to information.
| ||||||
16 | (a) The Department shall provide to a
review team, on the | ||||||
17 | request of the review team chairperson, all
records and | ||||||
18 | information in the Department's possession that are relevant to
| ||||||
19 | the review team's review of a sexual assault or death described | ||||||
20 | in subsection (b) of Section 20 , including records and
| ||||||
21 | information concerning previous reports or investigations of | ||||||
22 | suspected
abuse or neglect.
| ||||||
23 | (b) A review team shall have access to all records and | ||||||
24 | information
that are relevant to its review of a sexual assault | ||||||
25 | or death and in the
possession of a State or local governmental | ||||||
26 | agency. These records and
information include, without | ||||||
27 | limitation, death certificates, all relevant
medical and | ||||||
28 | mental health records, records of law enforcement agency
| ||||||
29 | investigations, records of coroner or medical examiner | ||||||
30 | investigations,
records of the Department of Corrections | ||||||
31 | concerning a person's parole,
records of a probation and court | ||||||
32 | services department, and records of a
social services agency | ||||||
33 | that provided services to the resident.
| ||||||
34 | (Source: P.A. 93-577, eff. 8-21-03.)
|
| |||||||
| |||||||
1 | (210 ILCS 28/40)
| ||||||
2 | (Section scheduled to be repealed on July 1, 2006)
| ||||||
3 | Sec. 40. Executive Council.
| ||||||
4 | (a) The Illinois Residential Health Care Facility Resident | ||||||
5 | Sexual Assault
and Death Review
Teams Executive Council, | ||||||
6 | consisting of the chairperson of each
review team established | ||||||
7 | under Section 15, is the coordinating and oversight
body for | ||||||
8 | residential health care facility
resident sexual assault and | ||||||
9 | death review teams and activities in Illinois. The
| ||||||
10 | vice-chairperson of a review team, as designated by the
| ||||||
11 | chairperson, may
serve as a back-up member or an alternate | ||||||
12 | member of the Executive Council, if
the chairperson of the | ||||||
13 | review team is unavailable to serve on the
Executive Council. | ||||||
14 | The Director may appoint to the Executive Council any
| ||||||
15 | ex-officio members deemed necessary. Persons with expertise | ||||||
16 | needed by the
Executive Council may be invited to meetings. The | ||||||
17 | Executive Council must
select from its members a chairperson | ||||||
18 | and a vice-chairperson, each to serve a
2-year, renewable term.
| ||||||
19 | The Executive Council must meet at least 4 times during each | ||||||
20 | calendar year if there is business to discuss .
| ||||||
21 | (b) The Department must provide or arrange for the staff | ||||||
22 | support necessary
for the review teams and Executive Council to | ||||||
23 | assist them in carrying
carry out their
its duties.
| ||||||
24 | (c) The Executive Council has, but is not limited to, the | ||||||
25 | following duties:
| ||||||
26 | (1) To request assistance from the Department as needed
| ||||||
27 | serve as the voice of
review teams in Illinois .
| ||||||
28 | (2) To consult with the Director concerning the | ||||||
29 | appointment,
reappointment, and removal of review team | ||||||
30 | members.
| ||||||
31 | (3) To oversee the review teams in order to ensure that | ||||||
32 | the teams' work
is coordinated and in compliance with the | ||||||
33 | statutes and the operating protocol.
| ||||||
34 | (4) To ensure that the data, results, findings, and | ||||||
35 | recommendations of the
review teams are adequately used to | ||||||
36 | make any necessary changes in the policies,
procedures, and |
| |||||||
| |||||||
1 | statutes in order to protect nursing home residents in a | ||||||
2 | timely
manner.
| ||||||
3 | (5) To collaborate with the General Assembly, the | ||||||
4 | Department , and others
in order to develop any legislation | ||||||
5 | needed to prevent nursing home resident
sexual assaults and | ||||||
6 | unnecessary deaths and to protect nursing home residents.
| ||||||
7 | (6) To assist in the development of an
quarterly and | ||||||
8 | annual report
reports based on
the work and the findings of | ||||||
9 | the review teams.
| ||||||
10 | (7) To ensure that the review teams' review processes | ||||||
11 | are standardized
in order to convey data, findings, and | ||||||
12 | recommendations in a usable format.
| ||||||
13 | (8) To serve as a link with other review teams | ||||||
14 | throughout the country and
to participate in national | ||||||
15 | review team activities.
| ||||||
16 | (9) To provide for training
develop an annual statewide | ||||||
17 | symposium to update the knowledge
and skills of review team | ||||||
18 | members and to promote the exchange of information
between | ||||||
19 | review teams.
| ||||||
20 | (10) To provide the review teams with the most current | ||||||
21 | information and
practices concerning nursing home resident | ||||||
22 | sexual assault and unnecessary
death review and related | ||||||
23 | topics.
| ||||||
24 | (11) To perform any other functions necessary to | ||||||
25 | enhance the capability
of
the review teams to reduce and | ||||||
26 | prevent sexual assaults and unnecessary
deaths of nursing | ||||||
27 | home residents.
| ||||||
28 | (d) Until an Executive Council is formed, the Department | ||||||
29 | shall assist the review teams in performing the duties | ||||||
30 | described in subsection (c).
| ||||||
31 | (Source: P.A. 93-577, eff. 8-21-03.)
| ||||||
32 | (210 ILCS 28/45 new) | ||||||
33 | Sec. 45. Department's annual report. The Department shall | ||||||
34 | include in its annual Long-Term Care Report to the General | ||||||
35 | Assembly a report of the activities of the review teams and |
| |||||||
| |||||||
1 | Executive Council, the results of the review teams' findings, | ||||||
2 | recommendations made to the Department by the review teams and | ||||||
3 | the Executive Council, and, as applicable, either (i) the | ||||||
4 | implementation of the recommendations or (ii) the reasons the | ||||||
5 | recommendations were not implemented. | ||||||
6 | (210 ILCS 28/50 new) | ||||||
7 | Sec. 50. Funding. Notwithstanding any other provision of | ||||||
8 | law, to the extent permitted by federal law, the Department | ||||||
9 | shall use moneys from fines paid by facilities licensed under | ||||||
10 | the Nursing Home Care Act for violating requirements for | ||||||
11 | certification under Titles XVIII and XIX of the Social Security | ||||||
12 | Act to implement the provisions of this Act. The Department | ||||||
13 | shall use moneys deposited in the Long Term Care | ||||||
14 | Monitor/Receiver Fund to pay the costs of implementing this Act | ||||||
15 | that cannot be met by the use of federal civil monetary | ||||||
16 | penalties.
| ||||||
17 | (210 ILCS 28/85 rep.)
| ||||||
18 | Section 16. The Abuse Prevention Review Team Act is amended | ||||||
19 | by repealing Section 85. | ||||||
20 | Section 20. The Nursing Home Care Act is amended by | ||||||
21 | changing Section 3-103 as follows:
| ||||||
22 | (210 ILCS 45/3-103) (from Ch. 111 1/2, par. 4153-103)
| ||||||
23 | Sec. 3-103. The procedure for obtaining a valid license | ||||||
24 | shall be as follows:
| ||||||
25 | (1) Application to operate a facility shall be made to
the | ||||||
26 | Department on forms furnished by the Department.
| ||||||
27 | (2)
All license applications shall be accompanied with an | ||||||
28 | application fee.
The fee
for an annual license shall be $995. | ||||||
29 | Facilities that pay a fee or assessment pursuant to Article V-C | ||||||
30 | of the Illinois Public Aid Code shall be exempt from the | ||||||
31 | license fee imposed under this item (2). The fee for a 2-year
| ||||||
32 | license shall be double the fee for the annual license set |
| |||||||
| |||||||
1 | forth in the
preceding sentence. The
fees collected
shall be | ||||||
2 | deposited with the State Treasurer into the Long Term Care
| ||||||
3 | Monitor/Receiver Fund, which has been created as a special fund | ||||||
4 | in the State
treasury.
This special fund is to be used by the | ||||||
5 | Department for expenses related to
the appointment of monitors | ||||||
6 | and receivers as contained in Sections 3-501
through 3-517 of | ||||||
7 | this Act and for implementation of the Abuse Prevention Review | ||||||
8 | Team Act . At the end of each fiscal year, any funds in excess | ||||||
9 | of
$1,000,000 held in the Long Term Care Monitor/Receiver Fund | ||||||
10 | shall be
deposited in the State's General Revenue Fund. The | ||||||
11 | application shall be under
oath and the submission of false or | ||||||
12 | misleading information shall be a Class
A misdemeanor. The | ||||||
13 | application shall contain the following information:
| ||||||
14 | (a) The name and address of the applicant if an | ||||||
15 | individual, and if a firm,
partnership, or association, of | ||||||
16 | every member thereof, and in the case of
a corporation, the | ||||||
17 | name and address thereof and of its officers and its
| ||||||
18 | registered agent, and in the case of a unit of local | ||||||
19 | government, the name
and address of its chief executive | ||||||
20 | officer;
| ||||||
21 | (b) The name and location of the facility for which a | ||||||
22 | license is sought;
| ||||||
23 | (c) The name of the person or persons under whose | ||||||
24 | management or
supervision
the facility will be conducted;
| ||||||
25 | (d) The number and type of residents for which | ||||||
26 | maintenance, personal care,
or nursing is to be provided; | ||||||
27 | and
| ||||||
28 | (e) Such information relating to the number, | ||||||
29 | experience, and training
of the employees of the facility, | ||||||
30 | any management agreements for the operation
of the | ||||||
31 | facility, and of the moral character of the applicant and | ||||||
32 | employees
as the Department may deem necessary.
| ||||||
33 | (3) Each initial application shall be accompanied by a | ||||||
34 | financial
statement setting forth the financial condition of | ||||||
35 | the applicant and by a
statement from the unit of local | ||||||
36 | government having zoning jurisdiction over
the facility's |
| |||||||
| |||||||
1 | location stating that the location of the facility is not in
| ||||||
2 | violation of a zoning ordinance. An initial application for a | ||||||
3 | new facility
shall be accompanied by a permit as required by | ||||||
4 | the "Illinois Health Facilities
Planning Act". After the | ||||||
5 | application is approved, the applicant shall
advise the | ||||||
6 | Department every 6 months of any changes in the information
| ||||||
7 | originally provided in the application.
| ||||||
8 | (4) Other information necessary to determine the identity | ||||||
9 | and qualifications
of an applicant to operate a facility in | ||||||
10 | accordance with this Act shall
be included in the application | ||||||
11 | as required by the Department in regulations.
| ||||||
12 | (Source: P.A. 93-32, eff. 7-1-03; 93-841, eff. 7-30-04.)
| ||||||
13 | Section 25. The Health Care Worker Background Check Act is | ||||||
14 | amended by changing Section 70 as follows: | ||||||
15 | (225 ILCS 46/70) | ||||||
16 | Sec. 70. Centers for Medicare and Medicaid Services (CMMS) | ||||||
17 | grant. | ||||||
18 | (a) In this Section:
| ||||||
19 | "Centers for Medicare and Medicaid Services (CMMS) grant" | ||||||
20 | means the grant awarded to and distributed by the Department of | ||||||
21 | Public Health to enhance the conduct of criminal history | ||||||
22 | records checks of certain health care employees. The CMMS grant | ||||||
23 | is authorized by Section 307 of the federal Medicare | ||||||
24 | Prescription Drug, Improvement, and Modernization Act of 2003, | ||||||
25 | which establishes the framework for a program to evaluate | ||||||
26 | national and state background checks on prospective employees | ||||||
27 | with direct access to patients of long-term care facilities or | ||||||
28 | providers. | ||||||
29 | "Selected health care employer" means any of the following | ||||||
30 | selected to participate in the CMMS grant: | ||||||
31 | (1) a community living facility as defined in the | ||||||
32 | Community Living Facility Act; | ||||||
33 | (2) a long-term care facility as defined in the Nursing | ||||||
34 | Home Care Act; |
| |||||||
| |||||||
1 | (3) a home health agency as defined in the Home Health | ||||||
2 | Agency Licensing Act; | ||||||
3 | (4) a full hospice as defined in the Hospice Licensing | ||||||
4 | Act; | ||||||
5 | (5) an establishment licensed under the Assisted | ||||||
6 | Living and Shared Housing Act; | ||||||
7 | (6) a supportive living facility as defined in the | ||||||
8 | Illinois Public Aid Code; | ||||||
9 | (7) a day training program certified by the Department | ||||||
10 | of Human Services; or | ||||||
11 | (8) a community integrated living arrangement operated | ||||||
12 | by a community mental health and developmental service | ||||||
13 | agency as defined in the Community Integrated Living | ||||||
14 | Arrangements Licensing and Certification Act ; or .
| ||||||
15 | (9) a long-term care hospital or hospital with swing | ||||||
16 | beds.
| ||||||
17 | (b) Selected health care employers shall be phased in to | ||||||
18 | participate in the CMMS grant between January 1, 2006 and | ||||||
19 | January 1, 2007, as prescribed by the Department of Public | ||||||
20 | Health by rule. | ||||||
21 | (c) With regards to individuals hired on or after January | ||||||
22 | 1, 2006 who have direct access to residents, patients, or | ||||||
23 | clients of the selected health care employer, selected health | ||||||
24 | care employers must comply with Section 25 of this Act. | ||||||
25 | "Individuals who have direct access" includes, but is not | ||||||
26 | limited to, (i) direct care workers as described in subsection | ||||||
27 | (a) of Section 25; (ii) individuals licensed by the Department | ||||||
28 | of Financial and Professional Regulation, such as nurses, | ||||||
29 | social workers, physical therapists, occupational therapists, | ||||||
30 | and pharmacists; (iii) individuals who provide services on | ||||||
31 | site, through contract; and (iv) non-direct care workers, such | ||||||
32 | as those who work in environmental services, food service, and | ||||||
33 | administration. | ||||||
34 | "Individuals who have direct access" does not include | ||||||
35 | physicians or volunteers. | ||||||
36 | The Department of Public Health may further define |
| |||||||
| |||||||
1 | "individuals who have direct access" by rule.
| ||||||
2 | (d) Each applicant seeking employment in a position | ||||||
3 | described in subsection (c) of this Section with a selected | ||||||
4 | health care employer shall, as a condition of employment, have | ||||||
5 | his or her fingerprints submitted to the Department of State | ||||||
6 | Police in an electronic format that complies with the form and | ||||||
7 | manner for requesting and furnishing criminal history record | ||||||
8 | information by the Department of State Police and the Federal | ||||||
9 | Bureau of Investigation criminal history record databases now | ||||||
10 | and hereafter filed. The Department of State Police shall | ||||||
11 | forward the fingerprints to the Federal Bureau of Investigation | ||||||
12 | for a national criminal history records check. The Department | ||||||
13 | of State Police shall charge a fee for conducting the criminal | ||||||
14 | history records check, which shall not exceed the actual cost | ||||||
15 | of the records check and shall be deposited into the State | ||||||
16 | Police Services Fund. The Department of State Police shall | ||||||
17 | furnish, pursuant to positive identification, records of | ||||||
18 | Illinois convictions to the Department of Public Health. | ||||||
19 | (e) A selected health care employer who makes a conditional | ||||||
20 | offer of employment to an applicant shall: | ||||||
21 | (1) ensure that the applicant has complied with the | ||||||
22 | fingerprinting requirements of this Section; | ||||||
23 | (2) complete documentation relating to any criminal | ||||||
24 | history record, as revealed by the applicant, as prescribed | ||||||
25 | by rule by the Department of Public Health; | ||||||
26 | (3) complete documentation of the applicant's personal | ||||||
27 | identifiers as prescribed by rule by the Department of | ||||||
28 | Public Health; and | ||||||
29 | (4) provide supervision, as prescribed by rule by the | ||||||
30 | licensing agency, if the applicant is hired and allowed to | ||||||
31 | work prior to the results of the criminal history records | ||||||
32 | check being obtained. | ||||||
33 | (f) A selected health care employer having actual knowledge | ||||||
34 | from a source that an individual with direct access to a | ||||||
35 | resident, patient, or client has been convicted of committing | ||||||
36 | or attempting to commit one of the offenses enumerated in |
| |||||||
| |||||||
1 | Section 25 of this Act shall contact the licensing agency or | ||||||
2 | follow other instructions as prescribed by administrative | ||||||
3 | rule. | ||||||
4 | (g) A fingerprint-based criminal history records check | ||||||
5 | submitted in accordance with subsection (d) of this Section | ||||||
6 | must be submitted as a fee applicant inquiry in the form and | ||||||
7 | manner prescribed by the Department of State Police.
| ||||||
8 | (h) This Section shall be inapplicable upon the conclusion | ||||||
9 | of the CMMS grant.
| ||||||
10 | (Source: P.A. 94-665, eff. 1-1-06.)
| ||||||
11 | Section 99. Effective date. This Act takes effect upon | ||||||
12 | becoming law.
|