HB5492ham002 95TH GENERAL ASSEMBLY

Human Services Committee

Filed: 3/12/2008

09500HB5492ham002 LRB095 15957 DRJ 47892 a

AMENDMENT TO HOUSE BILL 5492

AMENDMENT NO. ______. Amend House Bill 5492 by replacing lines 10 through 23 on page 1 and lines 1 through 4 on page 2 with the following:

""Abuse" means any physical or mental injury or sexual abuse inflicted on a vulnerable adult by a hospital employee other than by accidental means.

"Accidental" means unplanned or unexpected occurrences without intention or will.

"Allegation" means any assertion, complaint, or suspicion that abuse or neglect of a vulnerable adult may have occurred.

"Employee" means any paid or retained person, administrator, or agent, any contracted, subcontracted, or independently contracted person, any volunteer, and any other person who works in an FEC who might have contact with patients.

"FEC" means a Freestanding Emergency Center licensed under Section 32.5.

"Mental injury" means harm arising from conduct by an employee, including but not limited to the use of words, gestures, and signs that are disparaging, derogatory, humiliating, harassing, offensive, or threatening, or that could precipitate emotional distress.

"Neglect" means failure by an FEC or any of its employees to provide adequate medical or other care, including personal maintenance, which failure results in physical or mental injury to a vulnerable adult or results in the deterioration of a vulnerable adult's physical or mental condition.

"Physical injury" means physical harm to an individual caused by any non-accidental act or omission.

"Sexual abuse" means any act of sexual contact, sexual penetration, sexual coercion, or sexual exploitation of an individual.

"Vulnerable adult" means an individual who (i) is 18 years of age or older, (ii) regardless of his or her mental capacity, has or is suspected of having a physical disability, or a mental or developmental disability as defined in the Mental Health and Developmental Disabilities Code, and (iii) is receiving, is requesting, or may be in need of hospital services, including evaluation for a determination of service needs."; and

on page 3, by replacing lines 4 through 22 with the following:

"(d) Any person required to report under subsection (c) who witnesses, suspects, discovers, is told of, or has reason to believe that a vulnerable adult may have been abused or neglected, or both abused and neglected, within an FEC shall immediately, but in no event later than 4 hours after discovery, report such allegations to the Department. FEC employees shall immediately report all allegations to their administrations according to the facility's internal procedures. All reports from FECs to the Department must be made by telephone to the Department's Central Complaint Registry. A written report must be submitted to the Department within 24 hours after the call. No FEC administrator, agent, or employee, nor any other person, may screen reports or otherwise withhold reports from the Department, and no FEC shall establish criteria, guidelines, rules, procedures, or policies that alter or unreasonably delay reports to the Department. The Department shall investigate every allegation of abuse or neglect, or both, of a vulnerable adult received by the Department pursuant to its administrative rules (177 Ill. Admin. Code 400). Under no circumstances may a hospital's internal review of an allegation of abuse or neglect, or both, of a vulnerable adult under subsection (e) replace an investigation of the allegation by"; and

by replacing lines 24 through 26 on page 3 and lines 1 through 18 on page 4 with the following:

"Findings of abuse or neglect, or both, shall be subject to the Department's Health Care Worker Registry pursuant to the Health Care Worker Background Check Act.

(e) In every event the FEC shall, upon receipt of any allegation, promptly conduct an internal review to ensure the alleged victim's safety. Internal reviews may follow established FEC grievance procedures, but shall in no way conflict with reporting to the Department as required under subsection (d). Measures to protect an alleged victim shall be taken as deemed necessary by the facility's administration and may include, but need not be limited to, removing suspected violators from further patient contact during the internal review or during pendency of the Department's investigation. All internal reviews are to be conducted by a designated FEC employee or agent who is qualified to detect abuse and neglect and is not involved in the alleged victim's treatment and has no other appearance of a conflict of interest. All internal review findings must be documented and filed according to facility procedures and shall be made available to the Department. All internal review files, including information regarding the disposition of each report, shall also be made available, subject to confidentiality requirements, to the Illinois Guardianship and Advocacy Commission, the agency designated by the Governor pursuant to the Protection and Advocacy for Developmentally Disabled Persons Act, and any other agency or legal representative in the course of monitoring or investigating rights protections for recipients of services.

(f) Every FEC shall ensure that all employees are trained within one month of hire in the detection and reporting of abuse and neglect of vulnerable adults and retrained every 2 years thereafter."; and

on page 6, by replacing lines 4 through 19 with the following:

""Abuse" means any physical or mental injury or sexual abuse inflicted on a vulnerable adult by a hospital employee other than by accidental means.

"Accidental" means unplanned or unexpected occurrences without intention or will.

"Allegation" means any assertion, complaint, or suspicion that abuse or neglect of a vulnerable adult may have occurred.

"Employee" means any paid or retained person, administrator, or agent, any contracted, subcontracted, or independently contracted person, any volunteer, and any other person who works in a hospital who might have contact with patients.

"Mental injury" means harm arising from conduct by an employee, including but not limited to the use of words, gestures, and signs that are disparaging, derogatory, humiliating, harassing, offensive, or threatening, or that could precipitate emotional distress.

"Neglect" means failure by a hospital or any of its employees to provide adequate medical or other care, including personal maintenance, which failure results in physical or mental injury to a vulnerable adult or results in the deterioration of a vulnerable adult's physical or mental condition.

"Physical injury" means physical harm to an individual caused by any non-accidental act or omission.

"Sexual abuse" means any act of sexual contact, sexual penetration, sexual coercion, or sexual exploitation of an individual.

"Vulnerable adult" means an individual who (i) is 18 years of age or older, (ii) regardless of his or her mental capacity, has or is suspected of having a physical disability, or a mental or developmental disability as defined in the Mental Health and Developmental Disabilities Code, and (iii) is receiving, is requesting, or may be in need of hospital services, including evaluation for a determination of service needs."; and

by replacing lines 20 through 26 on page 7 and lines 1 through 12 on page 8 with the following:

"(d) Any person required to report under subsection (c) who witnesses, suspects, discovers, is told of, or has reason to believe that a vulnerable adult may have been abused or neglected, or both abused and neglected, within a hospital shall immediately, but in no event later than 4 hours after discovery, report such allegations to the Department. Hospital employees shall immediately report all allegations to their administrations according to the facility's internal procedures. All reports from hospitals to the Department must be made by telephone to the Department's Central Complaint Registry. A written report must be submitted to the Department within 24 hours after the call. No hospital administrator, agent, or employee, nor any other person, may screen reports or otherwise withhold reports from the Department, and no hospital shall establish criteria, guidelines, rules, procedures, or policies that alter or unreasonably delay reports to the Department. The Department shall investigate every allegation of abuse or neglect, or both, of a vulnerable adult received by the Department pursuant to its administrative rules (177 Ill. Admin. Code 400). Under no circumstances may a hospital's internal review of an allegation of abuse or neglect, or both, of a vulnerable adult under subsection (e) replace an investigation of the allegation by"; and

by replacing lines 14 through 26 on page 8 and lines 1 through 8 on page 9 with the following:

"Findings of abuse or neglect, or both, shall be subject to the Department's Health Care Worker Registry pursuant to the Health Care Worker Background Check Act.

(e) In every event the hospital shall, upon receipt of any allegation, promptly conduct an internal review to ensure the alleged victim's safety. Internal reviews may follow established hospital grievance procedures, but shall in no way conflict with reporting to the Department as required under subsection (d). Measures to protect an alleged victim shall be taken as deemed necessary by the facility's administration and may include, but need not be limited to, removing suspected violators from further patient contact during the internal review or during pendency of the Department's investigation. All internal reviews are to be conducted by a designated hospital employee or agent who is qualified to detect abuse and neglect and is not involved in the alleged victim's treatment and has no other appearance of a conflict of interest. All internal review findings must be documented and filed according to facility procedures and shall be made available to the Department. All internal review files, including information regarding the disposition of each report, shall also be made available, subject to confidentiality requirements, to the Illinois Guardianship and Advocacy Commission, the agency designated by the Governor pursuant to the Protection and Advocacy for Developmentally Disabled Persons Act, and any other agency or legal representative in the course of monitoring or investigating rights protections for recipients of services.

(f) Every hospital shall ensure that all employees are trained within one month of hire in the detection and reporting of abuse and neglect of vulnerable adults and retrained every 2 years thereafter.".