98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB0948

 

Introduced 1/25/2013, by Rep. Greg Harris

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Repeals the Abuse of Adults with Disabilities Intervention Act. Amends the Elder Abuse and Neglect Act. Changes the short title of the Act to the Adult Protective Services Act and amends various Acts to change references to the short title. Adds and defines new terms. Provides that within 6 months, the Department on Aging shall establish a centralized Adult Protective Services Helpline for the purposes of reporting the abuse, neglect, or financial exploitation of an eligible adult. Requires the Department on Aging to make the helpline accessible 24 hours a day, 7 days a week and to post its telephone number online. Requires the Department on Aging to report to the Department of Public Health's health care worker registry the identity and administrative finding against any caregiver of a verified and substantiated decision of significant abuse, neglect, or financial exploitation of an eligible adult. Contains provisions concerning notice to caregivers; report challenges; registry hearings; a caregiver's rights to collateral action; removal from the registry; and the referral of registry reports to health care facilities; the establishment of a Statewide Fatality Review Team; and other matters. Effective July 1, 2013.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0948LRB098 06332 KTG 36373 b

1    AN ACT concerning adult protective services.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 2. The Open Meetings Act is amended by changing
5Section 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
9be open to the public unless excepted in subsection (c) and
10closed in accordance with Section 2a.
11    (b) Construction of exceptions. The exceptions contained
12in subsection (c) are in derogation of the requirement that
13public bodies meet in the open, and therefore, the exceptions
14are to be strictly construed, extending only to subjects
15clearly within their scope. The exceptions authorize but do not
16require the holding of a closed meeting to discuss a subject
17included within an enumerated exception.
18    (c) Exceptions. A public body may hold closed meetings to
19consider 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

 

 

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1    lodged against an employee of the public body or against
2    legal counsel for the public body to determine its
3    validity.
4        (2) Collective negotiating matters between the public
5    body and its employees or their representatives, or
6    deliberations concerning salary schedules for one or more
7    classes of employees.
8        (3) The selection of a person to fill a public office,
9    as defined in this Act, including a vacancy in a public
10    office, when the public body is given power to appoint
11    under law or ordinance, or the discipline, performance or
12    removal of the occupant of a public office, when the public
13    body is given power to remove the occupant under law or
14    ordinance.
15        (4) Evidence or testimony presented in open hearing, or
16    in closed hearing where specifically authorized by law, to
17    a quasi-adjudicative body, as defined in this Act, provided
18    that the body prepares and makes available for public
19    inspection a written decision setting forth its
20    determinative reasoning.
21        (5) The purchase or lease of real property for the use
22    of the public body, including meetings held for the purpose
23    of discussing whether a particular parcel should be
24    acquired.
25        (6) The setting of a price for sale or lease of
26    property owned by the public body.

 

 

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1        (7) The sale or purchase of securities, investments, or
2    investment contracts. This exception shall not apply to the
3    investment of assets or income of funds deposited into the
4    Illinois Prepaid Tuition Trust Fund.
5        (8) Security procedures and the use of personnel and
6    equipment to respond to an actual, a threatened, or a
7    reasonably potential danger to the safety of employees,
8    students, staff, the public, or public property.
9        (9) Student disciplinary cases.
10        (10) The placement of individual students in special
11    education programs and other matters relating to
12    individual students.
13        (11) Litigation, when an action against, affecting or
14    on behalf of the particular public body has been filed and
15    is pending before a court or administrative tribunal, or
16    when the public body finds that an action is probable or
17    imminent, in which case the basis for the finding shall be
18    recorded and entered into the minutes of the closed
19    meeting.
20        (12) The establishment of reserves or settlement of
21    claims as provided in the Local Governmental and
22    Governmental Employees Tort Immunity Act, if otherwise the
23    disposition of a claim or potential claim might be
24    prejudiced, or the review or discussion of claims, loss or
25    risk management information, records, data, advice or
26    communications from or with respect to any insurer of the

 

 

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1    public body or any intergovernmental risk management
2    association or self insurance pool of which the public body
3    is a member.
4        (13) Conciliation of complaints of discrimination in
5    the sale or rental of housing, when closed meetings are
6    authorized by the law or ordinance prescribing fair housing
7    practices and creating a commission or administrative
8    agency for their enforcement.
9        (14) Informant sources, the hiring or assignment of
10    undercover personnel or equipment, or ongoing, prior or
11    future criminal investigations, when discussed by a public
12    body with criminal investigatory responsibilities.
13        (15) Professional ethics or performance when
14    considered by an advisory body appointed to advise a
15    licensing or regulatory agency on matters germane to the
16    advisory body's field of competence.
17        (16) Self evaluation, practices and procedures or
18    professional ethics, when meeting with a representative of
19    a statewide association of which the public body is a
20    member.
21        (17) The recruitment, credentialing, discipline or
22    formal peer review of physicians or other health care
23    professionals for a hospital, or other institution
24    providing medical care, that is operated by the public
25    body.
26        (18) Deliberations for decisions of the Prisoner

 

 

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1    Review Board.
2        (19) Review or discussion of applications received
3    under the Experimental Organ Transplantation Procedures
4    Act.
5        (20) The classification and discussion of matters
6    classified as confidential or continued confidential by
7    the State Government Suggestion Award Board.
8        (21) Discussion of minutes of meetings lawfully closed
9    under this Act, whether for purposes of approval by the
10    body of the minutes or semi-annual review of the minutes as
11    mandated by Section 2.06.
12        (22) Deliberations for decisions of the State
13    Emergency Medical Services Disciplinary Review Board.
14        (23) The operation by a municipality of a municipal
15    utility or the operation of a municipal power agency or
16    municipal natural gas agency when the discussion involves
17    (i) contracts relating to the purchase, sale, or delivery
18    of electricity or natural gas or (ii) the results or
19    conclusions of load forecast studies.
20        (24) Meetings of a residential health care facility
21    resident sexual assault and death review team or the
22    Executive Council under the Abuse Prevention Review Team
23    Act.
24        (25) Meetings of an independent team of experts under
25    Brian's Law.
26        (26) Meetings of a mortality review team appointed

 

 

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1    under the Department of Juvenile Justice Mortality Review
2    Team Act.
3        (27) Confidential information, when discussed by one
4    or more members of an elder abuse fatality review team,
5    designated under Section 15 of the Adult Protective
6    Services Act Elder Abuse and Neglect Act, while
7    participating in a review conducted by that team of the
8    death of an elderly person in which abuse or neglect is
9    suspected, alleged, or substantiated; provided that before
10    the review team holds a closed meeting, or closes an open
11    meeting, to discuss the confidential information, each
12    participating review team member seeking to disclose the
13    confidential information in the closed meeting or closed
14    portion of the meeting must state on the record during an
15    open meeting or the open portion of a meeting the nature of
16    the information to be disclosed and the legal basis for
17    otherwise holding that information confidential.
18        (28) Correspondence and records (i) that may not be
19    disclosed under Section 11-9 of the Public Aid Code or (ii)
20    that pertain to appeals under Section 11-8 of the Public
21    Aid Code.
22        (29) Meetings between internal or external auditors
23    and governmental audit committees, finance committees, and
24    their equivalents, when the discussion involves internal
25    control weaknesses, identification of potential fraud risk
26    areas, known or suspected frauds, and fraud interviews

 

 

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1    conducted in accordance with generally accepted auditing
2    standards of the United States of America.
3    (d) Definitions. For purposes of this Section:
4    "Employee" means a person employed by a public body whose
5relationship with the public body constitutes an
6employer-employee relationship under the usual common law
7rules, and who is not an independent contractor.
8    "Public office" means a position created by or under the
9Constitution or laws of this State, the occupant of which is
10charged with the exercise of some portion of the sovereign
11power of this State. The term "public office" shall include
12members of the public body, but it shall not include
13organizational positions filled by members thereof, whether
14established by law or by a public body itself, that exist to
15assist the body in the conduct of its business.
16    "Quasi-adjudicative body" means an administrative body
17charged by law or ordinance with the responsibility to conduct
18hearings, receive evidence or testimony and make
19determinations based thereon, but does not include local
20electoral boards when such bodies are considering petition
21challenges.
22    (e) Final action. No final action may be taken at a closed
23meeting. Final action shall be preceded by a public recital of
24the nature of the matter being considered and other information
25that will inform the public of the business being conducted.
26(Source: P.A. 96-1235, eff. 1-1-11; 96-1378, eff. 7-29-10;

 

 

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196-1428, eff. 8-11-10; 97-318, eff. 1-1-12; 97-333, eff.
28-12-11; 97-452, eff. 8-19-11; 97-813, eff. 7-13-12; 97-876,
3eff. 8-1-12.)
 
4    Section 3. The State Employee Indemnification Act is
5amended by changing Section 1 as follows:
 
6    (5 ILCS 350/1)  (from Ch. 127, par. 1301)
7    Sec. 1. Definitions. For the purpose of this Act:
8    (a) The term "State" means the State of Illinois, the
9General Assembly, the court, or any State office, department,
10division, bureau, board, commission, or committee, the
11governing boards of the public institutions of higher education
12created by the State, the Illinois National Guard, the
13Comprehensive Health Insurance Board, any poison control
14center designated under the Poison Control System Act that
15receives State funding, or any other agency or instrumentality
16of the State. It does not mean any local public entity as that
17term is defined in Section 1-206 of the Local Governmental and
18Governmental Employees Tort Immunity Act or a pension fund.
19    (b) The term "employee" means any present or former elected
20or appointed officer, trustee or employee of the State, or of a
21pension fund, any present or former commissioner or employee of
22the Executive Ethics Commission or of the Legislative Ethics
23Commission, any present or former Executive, Legislative, or
24Auditor General's Inspector General, any present or former

 

 

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1employee of an Office of an Executive, Legislative, or Auditor
2General's Inspector General, any present or former member of
3the Illinois National Guard while on active duty, individuals
4or organizations who contract with the Department of
5Corrections, the Comprehensive Health Insurance Board, or the
6Department of Veterans' Affairs to provide services,
7individuals or organizations who contract with the Department
8of Human Services (as successor to the Department of Mental
9Health and Developmental Disabilities) to provide services
10including but not limited to treatment and other services for
11sexually violent persons, individuals or organizations who
12contract with the Department of Military Affairs for youth
13programs, individuals or organizations who contract to perform
14carnival and amusement ride safety inspections for the
15Department of Labor, individual representatives of or
16designated organizations authorized to represent the Office of
17State Long-Term Ombudsman for the Department on Aging,
18individual representatives of or organizations designated by
19the Department on Aging in the performance of their duties as
20elder abuse provider agencies or regional administrative
21agencies under the Adult Protective Services Act Elder Abuse
22and Neglect Act, individuals or organizations who perform
23volunteer services for the State where such volunteer
24relationship is reduced to writing, individuals who serve on
25any public entity (whether created by law or administrative
26action) described in paragraph (a) of this Section, individuals

 

 

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1or not for profit organizations who, either as volunteers,
2where such volunteer relationship is reduced to writing, or
3pursuant to contract, furnish professional advice or
4consultation to any agency or instrumentality of the State,
5individuals who serve as foster parents for the Department of
6Children and Family Services when caring for a Department ward,
7individuals who serve as members of an independent team of
8experts under Brian's Law, and individuals who serve as
9arbitrators pursuant to Part 10A of Article II of the Code of
10Civil Procedure and the rules of the Supreme Court implementing
11Part 10A, each as now or hereafter amended, but does not mean
12an independent contractor except as provided in this Section.
13The term includes an individual appointed as an inspector by
14the Director of State Police when performing duties within the
15scope of the activities of a Metropolitan Enforcement Group or
16a law enforcement organization established under the
17Intergovernmental Cooperation Act. An individual who renders
18professional advice and consultation to the State through an
19organization which qualifies as an "employee" under the Act is
20also an employee. The term includes the estate or personal
21representative of an employee.
22    (c) The term "pension fund" means a retirement system or
23pension fund created under the Illinois Pension Code.
24(Source: P.A. 96-1235, eff. 1-1-11.)
 
25    Section 4. The Illinois Act on the Aging is amended by

 

 

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1changing Section 4.01 as follows:
 
2    (20 ILCS 105/4.01)  (from Ch. 23, par. 6104.01)
3    Sec. 4.01. Additional powers and duties of the Department.
4In addition to powers and duties otherwise provided by law, the
5Department shall have the following powers and duties:
6    (1) To evaluate all programs, services, and facilities for
7the aged and for minority senior citizens within the State and
8determine the extent to which present public or private
9programs, services and facilities meet the needs of the aged.
10    (2) To coordinate and evaluate all programs, services, and
11facilities for the Aging and for minority senior citizens
12presently furnished by State agencies and make appropriate
13recommendations regarding such services, programs and
14facilities to the Governor and/or the General Assembly.
15    (3) To function as the sole State agency to develop a
16comprehensive plan to meet the needs of the State's senior
17citizens and the State's minority senior citizens.
18    (4) To receive and disburse State and federal funds made
19available directly to the Department including those funds made
20available under the Older Americans Act and the Senior
21Community Service Employment Program for providing services
22for senior citizens and minority senior citizens or for
23purposes related thereto, and shall develop and administer any
24State Plan for the Aging required by federal law.
25    (5) To solicit, accept, hold, and administer in behalf of

 

 

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1the State any grants or legacies of money, securities, or
2property to the State of Illinois for services to senior
3citizens and minority senior citizens or purposes related
4thereto.
5    (6) To provide consultation and assistance to communities,
6area agencies on aging, and groups developing local services
7for senior citizens and minority senior citizens.
8    (7) To promote community education regarding the problems
9of senior citizens and minority senior citizens through
10institutes, publications, radio, television and the local
11press.
12    (8) To cooperate with agencies of the federal government in
13studies and conferences designed to examine the needs of senior
14citizens and minority senior citizens and to prepare programs
15and facilities to meet those needs.
16    (9) To establish and maintain information and referral
17sources throughout the State when not provided by other
18agencies.
19    (10) To provide the staff support that may reasonably be
20required by the Council.
21    (11) To make and enforce rules and regulations necessary
22and proper to the performance of its duties.
23    (12) To establish and fund programs or projects or
24experimental facilities that are specially designed as
25alternatives to institutional care.
26    (13) To develop a training program to train the counselors

 

 

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1presently employed by the Department's aging network to provide
2Medicare beneficiaries with counseling and advocacy in
3Medicare, private health insurance, and related health care
4coverage plans. The Department shall report to the General
5Assembly on the implementation of the training program on or
6before December 1, 1986.
7    (14) To make a grant to an institution of higher learning
8to study the feasibility of establishing and implementing an
9affirmative action employment plan for the recruitment,
10hiring, training and retraining of persons 60 or more years old
11for jobs for which their employment would not be precluded by
12law.
13    (15) To present one award annually in each of the
14categories of community service, education, the performance
15and graphic arts, and the labor force to outstanding Illinois
16senior citizens and minority senior citizens in recognition of
17their individual contributions to either community service,
18education, the performance and graphic arts, or the labor
19force. The awards shall be presented to 4 senior citizens and
20minority senior citizens selected from a list of 44 nominees
21compiled annually by the Department. Nominations shall be
22solicited from senior citizens' service providers, area
23agencies on aging, senior citizens' centers, and senior
24citizens' organizations. The Department shall establish a
25central location within the State to be designated as the
26Senior Illinoisans Hall of Fame for the public display of all

 

 

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1the annual awards, or replicas thereof.
2    (16) To establish multipurpose senior centers through area
3agencies on aging and to fund those new and existing
4multipurpose senior centers through area agencies on aging, the
5establishment and funding to begin in such areas of the State
6as the Department shall designate by rule and as specifically
7appropriated funds become available.
8    (17) To develop the content and format of the
9acknowledgment regarding non-recourse reverse mortgage loans
10under Section 6.1 of the Illinois Banking Act; to provide
11independent consumer information on reverse mortgages and
12alternatives; and to refer consumers to independent counseling
13services with expertise in reverse mortgages.
14    (18) To develop a pamphlet in English and Spanish which may
15be used by physicians licensed to practice medicine in all of
16its branches pursuant to the Medical Practice Act of 1987,
17pharmacists licensed pursuant to the Pharmacy Practice Act, and
18Illinois residents 65 years of age or older for the purpose of
19assisting physicians, pharmacists, and patients in monitoring
20prescriptions provided by various physicians and to aid persons
2165 years of age or older in complying with directions for
22proper use of pharmaceutical prescriptions. The pamphlet may
23provide space for recording information including but not
24limited to the following:
25        (a) name and telephone number of the patient;
26        (b) name and telephone number of the prescribing

 

 

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1    physician;
2        (c) date of prescription;
3        (d) name of drug prescribed;
4        (e) directions for patient compliance; and
5        (f) name and telephone number of dispensing pharmacy.
6    In developing the pamphlet, the Department shall consult
7with the Illinois State Medical Society, the Center for
8Minority Health Services, the Illinois Pharmacists Association
9and senior citizens organizations. The Department shall
10distribute the pamphlets to physicians, pharmacists and
11persons 65 years of age or older or various senior citizen
12organizations throughout the State.
13    (19) To conduct a study of the feasibility of implementing
14the Senior Companion Program throughout the State.
15    (20) The reimbursement rates paid through the community
16care program for chore housekeeping services and home care
17aides shall be the same.
18    (21) From funds appropriated to the Department from the
19Meals on Wheels Fund, a special fund in the State treasury that
20is hereby created, and in accordance with State and federal
21guidelines and the intrastate funding formula, to make grants
22to area agencies on aging, designated by the Department, for
23the sole purpose of delivering meals to homebound persons 60
24years of age and older.
25    (22) To distribute, through its area agencies on aging,
26information alerting seniors on safety issues regarding

 

 

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1emergency weather conditions, including extreme heat and cold,
2flooding, tornadoes, electrical storms, and other severe storm
3weather. The information shall include all necessary
4instructions for safety and all emergency telephone numbers of
5organizations that will provide additional information and
6assistance.
7    (23) To develop guidelines for the organization and
8implementation of Volunteer Services Credit Programs to be
9administered by Area Agencies on Aging or community based
10senior service organizations. The Department shall hold public
11hearings on the proposed guidelines for public comment,
12suggestion, and determination of public interest. The
13guidelines shall be based on the findings of other states and
14of community organizations in Illinois that are currently
15operating volunteer services credit programs or demonstration
16volunteer services credit programs. The Department shall offer
17guidelines for all aspects of the programs including, but not
18limited to, the following:
19        (a) types of services to be offered by volunteers;
20        (b) types of services to be received upon the
21    redemption of service credits;
22        (c) issues of liability for the volunteers and the
23    administering organizations;
24        (d) methods of tracking service credits earned and
25    service credits redeemed;
26        (e) issues of time limits for redemption of service

 

 

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1    credits;
2        (f) methods of recruitment of volunteers;
3        (g) utilization of community volunteers, community
4    service groups, and other resources for delivering
5    services to be received by service credit program clients;
6        (h) accountability and assurance that services will be
7    available to individuals who have earned service credits;
8    and
9        (i) volunteer screening and qualifications.
10The Department shall submit a written copy of the guidelines to
11the General Assembly by July 1, 1998.
12    (24) To function as the sole State agency to receive and
13disburse State and federal funds for providing adult protective
14services in a domestic living situation.
15(Source: P.A. 95-298, eff. 8-20-07; 95-689, eff. 10-29-07;
1695-876, eff. 8-21-08; 96-918, eff. 6-9-10.)
 
17    Section 10. The Department of Human Services Act is amended
18by changing Section 1-17 as follows:
 
19    (20 ILCS 1305/1-17)
20    Sec. 1-17. Inspector General.
21    (a) Nature and purpose. It is the express intent of the
22General Assembly to ensure the health, safety, and financial
23condition of individuals receiving services in this State due
24to mental illness, developmental disability, or both by

 

 

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1protecting those persons from acts of abuse, neglect, or both
2by service providers. To that end, the Office of the Inspector
3General for the Department of Human Services is created to
4investigate and report upon allegations of the abuse, neglect,
5or financial exploitation of individuals receiving services
6within mental health facilities, developmental disabilities
7facilities, and community agencies operated, licensed, funded
8or certified by the Department of Human Services, but not
9licensed or certified by any other State agency. It is also the
10express intent of the General Assembly to authorize the
11Inspector General to investigate alleged or suspected cases of
12abuse, neglect, or financial exploitation of adults with
13disabilities living in domestic settings in the community under
14the Abuse of Adults with Disabilities Intervention Act.
15    (b) Definitions. The following definitions apply to this
16Section:
17    "Adult student with a disability" means an adult student,
18age 18 through 21, inclusive, with an Individual Education
19Program, other than a resident of a facility licensed by the
20Department of Children and Family Services in accordance with
21the Child Care Act of 1969. For purposes of this definition,
22"through age 21, inclusive", means through the day before the
23student's 22nd birthday.
24    "Agency" or "community agency" means (i) a community agency
25licensed, funded, or certified by the Department, but not
26licensed or certified by any other human services agency of the

 

 

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1State, to provide mental health service or developmental
2disabilities service, or (ii) a program licensed, funded, or
3certified by the Department, but not licensed or certified by
4any other human services agency of the State, to provide mental
5health service or developmental disabilities service.
6    "Aggravating circumstance" means a factor that is
7attendant to a finding and that tends to compound or increase
8the culpability of the accused.
9    "Allegation" means an assertion, complaint, suspicion, or
10incident involving any of the following conduct by an employee,
11facility, or agency against an individual or individuals:
12mental abuse, physical abuse, sexual abuse, neglect, or
13financial exploitation.
14    "Day" means working day, unless otherwise specified.
15    "Deflection" means a situation in which an individual is
16presented for admission to a facility or agency, and the
17facility staff or agency staff do not admit the individual.
18"Deflection" includes triage, redirection, and denial of
19admission.
20    "Department" means the Department of Human Services.
21    "Developmentally disabled" means having a developmental
22disability.
23    "Developmental disability" means "developmental
24disability" as defined in the Mental Health and Developmental
25Disabilities Code.
26    "Egregious neglect" means a finding of neglect as

 

 

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1determined by the Inspector General that (i) represents a gross
2failure to adequately provide for, or a callused indifference
3to, the health, safety, or medical needs of an individual and
4(ii) results in an individual's death or other serious
5deterioration of an individual's physical condition or mental
6condition.
7    "Employee" means any person who provides services at the
8facility or agency on-site or off-site. The service
9relationship can be with the individual or with the facility or
10agency. Also, "employee" includes any employee or contractual
11agent of the Department of Human Services or the community
12agency involved in providing or monitoring or administering
13mental health or developmental disability services. This
14includes but is not limited to: owners, operators, payroll
15personnel, contractors, subcontractors, and volunteers.
16    "Facility" or "State-operated facility" means a mental
17health facility or developmental disabilities facility
18operated by the Department.
19    "Financial exploitation" means taking unjust advantage of
20an individual's assets, property, or financial resources
21through deception, intimidation, or conversion for the
22employee's, facility's, or agency's own advantage or benefit.
23    "Finding" means the Office of Inspector General's
24determination regarding whether an allegation is
25substantiated, unsubstantiated, or unfounded.
26    "Health care worker registry" or "registry" means the

 

 

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1health care worker registry created by the Nursing Home Care
2Act.
3    "Individual" means any person receiving mental health
4service, developmental disabilities service, or both from a
5facility or agency, while either on-site or off-site.
6    "Mental abuse" means the use of demeaning, intimidating, or
7threatening words, signs, gestures, or other actions by an
8employee about an individual and in the presence of an
9individual or individuals that results in emotional distress or
10maladaptive behavior, or could have resulted in emotional
11distress or maladaptive behavior, for any individual present.
12    "Mental illness" means "mental illness" as defined in the
13Mental Health and Developmental Disabilities Code.
14    "Mentally ill" means having a mental illness.
15    "Mitigating circumstance" means a condition that (i) is
16attendant to a finding, (ii) does not excuse or justify the
17conduct in question, but (iii) may be considered in evaluating
18the severity of the conduct, the culpability of the accused, or
19both the severity of the conduct and the culpability of the
20accused.
21    "Neglect" means an employee's, agency's, or facility's
22failure to provide adequate medical care, personal care, or
23maintenance and that, as a consequence, (i) causes an
24individual pain, injury, or emotional distress, (ii) results in
25either an individual's maladaptive behavior or the
26deterioration of an individual's physical condition or mental

 

 

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1condition, or (iii) places the individual's health or safety at
2substantial risk.
3    "Physical abuse" means an employee's non-accidental and
4inappropriate contact with an individual that causes bodily
5harm. "Physical abuse" includes actions that cause bodily harm
6as a result of an employee directing an individual or person to
7physically abuse another individual.
8    "Recommendation" means an admonition, separate from a
9finding, that requires action by the facility, agency, or
10Department to correct a systemic issue, problem, or deficiency
11identified during an investigation.
12    "Required reporter" means any employee who suspects,
13witnesses, or is informed of an allegation of any one or more
14of the following: mental abuse, physical abuse, sexual abuse,
15neglect, or financial exploitation.
16    "Secretary" means the Chief Administrative Officer of the
17Department.
18    "Sexual abuse" means any sexual contact or intimate
19physical contact between an employee and an individual,
20including an employee's coercion or encouragement of an
21individual to engage in sexual behavior that results in sexual
22contact, intimate physical contact, sexual behavior, or
23intimate physical behavior.
24    "Substantiated" means there is a preponderance of the
25evidence to support the allegation.
26    "Unfounded" means there is no credible evidence to support

 

 

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1the allegation.
2    "Unsubstantiated" means there is credible evidence, but
3less than a preponderance of evidence to support the
4allegation.
5    (c) Appointment. The Governor shall appoint, and the Senate
6shall confirm, an Inspector General. The Inspector General
7shall be appointed for a term of 4 years and shall function
8within the Department of Human Services and report to the
9Secretary and the Governor.
10    (d) Operation and appropriation. The Inspector General
11shall function independently within the Department with
12respect to the operations of the Office, including the
13performance of investigations and issuance of findings and
14recommendations. The appropriation for the Office of Inspector
15General shall be separate from the overall appropriation for
16the Department.
17    (e) Powers and duties. The Inspector General shall
18investigate reports of suspected mental abuse, physical abuse,
19sexual abuse, neglect, or financial exploitation of
20individuals in any mental health or developmental disabilities
21facility or agency and shall have authority to take immediate
22action to prevent any one or more of the following from
23happening to individuals under its jurisdiction: mental abuse,
24physical abuse, sexual abuse, neglect, or financial
25exploitation. Upon written request of an agency of this State,
26the Inspector General may assist another agency of the State in

 

 

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1investigating reports of the abuse, neglect, or abuse and
2neglect of persons with mental illness, persons with
3developmental disabilities, or persons with both. To comply
4with the requirements of subsection (k) of this Section, the
5Inspector General shall also review all reportable deaths for
6which there is no allegation of abuse or neglect. Nothing in
7this Section shall preempt any duties of the Medical Review
8Board set forth in the Mental Health and Developmental
9Disabilities Code. The Inspector General shall have no
10authority to investigate alleged violations of the State
11Officials and Employees Ethics Act. Allegations of misconduct
12under the State Officials and Employees Ethics Act shall be
13referred to the Office of the Governor's Executive Inspector
14General for investigation.
15    (f) Limitations. The Inspector General shall not conduct an
16investigation within an agency or facility if that
17investigation would be redundant to or interfere with an
18investigation conducted by another State agency. The Inspector
19General shall have no supervision over, or involvement in, the
20routine programmatic, licensing, funding, or certification
21operations of the Department. Nothing in this subsection limits
22investigations by the Department that may otherwise be required
23by law or that may be necessary in the Department's capacity as
24central administrative authority responsible for the operation
25of the State's mental health and developmental disabilities
26facilities.

 

 

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1    (g) Rulemaking authority. The Inspector General shall
2promulgate rules establishing minimum requirements for
3reporting allegations as well as for initiating, conducting,
4and completing investigations based upon the nature of the
5allegation or allegations. The rules shall clearly establish
6that if 2 or more State agencies could investigate an
7allegation, the Inspector General shall not conduct an
8investigation that would be redundant to, or interfere with, an
9investigation conducted by another State agency. The rules
10shall further clarify the method and circumstances under which
11the Office of Inspector General may interact with the
12licensing, funding, or certification units of the Department in
13preventing further occurrences of mental abuse, physical
14abuse, sexual abuse, neglect, egregious neglect, and financial
15exploitation.
16    (h) Training programs. The Inspector General shall (i)
17establish a comprehensive program to ensure that every person
18authorized to conduct investigations receives ongoing training
19relative to investigation techniques, communication skills,
20and the appropriate means of interacting with persons receiving
21treatment for mental illness, developmental disability, or
22both mental illness and developmental disability, and (ii)
23establish and conduct periodic training programs for facility
24and agency employees concerning the prevention and reporting of
25any one or more of the following: mental abuse, physical abuse,
26sexual abuse, neglect, egregious neglect, or financial

 

 

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1exploitation. Nothing in this Section shall be deemed to
2prevent the Office of Inspector General from conducting any
3other training as determined by the Inspector General to be
4necessary or helpful.
5    (i) Duty to cooperate.
6        (1) The Inspector General shall at all times be granted
7    access to any facility or agency for the purpose of
8    investigating any allegation, conducting unannounced site
9    visits, monitoring compliance with a written response, or
10    completing any other statutorily assigned duty. The
11    Inspector General shall conduct unannounced site visits to
12    each facility at least annually for the purpose of
13    reviewing and making recommendations on systemic issues
14    relative to preventing, reporting, investigating, and
15    responding to all of the following: mental abuse, physical
16    abuse, sexual abuse, neglect, egregious neglect, or
17    financial exploitation.
18        (2) Any employee who fails to cooperate with an Office
19    of the Inspector General investigation is in violation of
20    this Act. Failure to cooperate with an investigation
21    includes, but is not limited to, any one or more of the
22    following: (i) creating and transmitting a false report to
23    the Office of the Inspector General hotline, (ii) providing
24    false information to an Office of the Inspector General
25    Investigator during an investigation, (iii) colluding with
26    other employees to cover up evidence, (iv) colluding with

 

 

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1    other employees to provide false information to an Office
2    of the Inspector General investigator, (v) destroying
3    evidence, (vi) withholding evidence, or (vii) otherwise
4    obstructing an Office of the Inspector General
5    investigation. Additionally, any employee who, during an
6    unannounced site visit or written response compliance
7    check, fails to cooperate with requests from the Office of
8    the Inspector General is in violation of this Act.
9    (j) Subpoena powers. The Inspector General shall have the
10power to subpoena witnesses and compel the production of all
11documents and physical evidence relating to his or her
12investigations and any hearings authorized by this Act. This
13subpoena power shall not extend to persons or documents of a
14labor organization or its representatives insofar as the
15persons are acting in a representative capacity to an employee
16whose conduct is the subject of an investigation or the
17documents relate to that representation. Any person who
18otherwise fails to respond to a subpoena or who knowingly
19provides false information to the Office of the Inspector
20General by subpoena during an investigation is guilty of a
21Class A misdemeanor.
22    (k) Reporting allegations and deaths.
23        (1) Allegations. If an employee witnesses, is told of,
24    or has reason to believe an incident of mental abuse,
25    physical abuse, sexual abuse, neglect, or financial
26    exploitation has occurred, the employee, agency, or

 

 

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1    facility shall report the allegation by phone to the Office
2    of the Inspector General hotline according to the agency's
3    or facility's procedures, but in no event later than 4
4    hours after the initial discovery of the incident,
5    allegation, or suspicion of any one or more of the
6    following: mental abuse, physical abuse, sexual abuse,
7    neglect, or financial exploitation. A required reporter as
8    defined in subsection (b) of this Section who knowingly or
9    intentionally fails to comply with these reporting
10    requirements is guilty of a Class A misdemeanor.
11        (2) Deaths. Absent an allegation, a required reporter
12    shall, within 24 hours after initial discovery, report by
13    phone to the Office of the Inspector General hotline each
14    of the following:
15            (i) Any death of an individual occurring within 14
16        calendar days after discharge or transfer of the
17        individual from a residential program or facility.
18            (ii) Any death of an individual occurring within 24
19        hours after deflection from a residential program or
20        facility.
21            (iii) Any other death of an individual occurring at
22        an agency or facility or at any Department-funded site.
23        (3) Retaliation. It is a violation of this Act for any
24    employee or administrator of an agency or facility to take
25    retaliatory action against an employee who acts in good
26    faith in conformance with his or her duties as a required

 

 

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1    reporter.
2    (l) Reporting to law enforcement.
3        (1) Reporting criminal acts. Within 24 hours after
4    determining that there is credible evidence indicating
5    that a criminal act may have been committed or that special
6    expertise may be required in an investigation, the
7    Inspector General shall notify the Department of State
8    Police or other appropriate law enforcement authority, or
9    ensure that such notification is made. The Department of
10    State Police shall investigate any report from a
11    State-operated facility indicating a possible murder,
12    sexual assault, or other felony by an employee. All
13    investigations conducted by the Inspector General shall be
14    conducted in a manner designed to ensure the preservation
15    of evidence for possible use in a criminal prosecution.
16        (2) Reporting allegations of adult students with
17    disabilities. Upon receipt of a reportable allegation
18    regarding an adult student with a disability, the
19    Department's Office of the Inspector General shall
20    determine whether the allegation meets the criteria for the
21    Domestic Abuse Program under the Abuse of Adults with
22    Disabilities Intervention Act. If the allegation is
23    reportable to that program, the Office of the Inspector
24    General shall initiate an investigation. If the allegation
25    is not reportable to the Domestic Abuse Program, the Office
26    of the Inspector General shall make an expeditious referral

 

 

HB0948- 30 -LRB098 06332 KTG 36373 b

1    to the respective law enforcement entity. If the alleged
2    victim is already receiving services from the Department,
3    the Office of the Inspector General shall also make a
4    referral to the respective Department of Human Services'
5    Division or Bureau.
6    (m) Investigative reports. Upon completion of an
7investigation, the Office of Inspector General shall issue an
8investigative report identifying whether the allegations are
9substantiated, unsubstantiated, or unfounded. Within 10
10business days after the transmittal of a completed
11investigative report substantiating an allegation, or if a
12recommendation is made, the Inspector General shall provide the
13investigative report on the case to the Secretary and to the
14director of the facility or agency where any one or more of the
15following occurred: mental abuse, physical abuse, sexual
16abuse, neglect, egregious neglect, or financial exploitation.
17In a substantiated case, the investigative report shall include
18any mitigating or aggravating circumstances that were
19identified during the investigation. If the case involves
20substantiated neglect, the investigative report shall also
21state whether egregious neglect was found. An investigative
22report may also set forth recommendations. All investigative
23reports prepared by the Office of the Inspector General shall
24be considered confidential and shall not be released except as
25provided by the law of this State or as required under
26applicable federal law. Unsubstantiated and unfounded reports

 

 

HB0948- 31 -LRB098 06332 KTG 36373 b

1shall not be disclosed except as allowed under Section 6 of the
2Abused and Neglected Long Term Care Facility Residents
3Reporting Act. Raw data used to compile the investigative
4report shall not be subject to release unless required by law
5or a court order. "Raw data used to compile the investigative
6report" includes, but is not limited to, any one or more of the
7following: the initial complaint, witness statements,
8photographs, investigator's notes, police reports, or incident
9reports. If the allegations are substantiated, the accused
10shall be provided with a redacted copy of the investigative
11report. Death reports where there was no allegation of abuse or
12neglect shall only be released pursuant to applicable State or
13federal law or a valid court order.
14    (n) Written responses and reconsideration requests.
15        (1) Written responses. Within 30 calendar days from
16    receipt of a substantiated investigative report or an
17    investigative report which contains recommendations,
18    absent a reconsideration request, the facility or agency
19    shall file a written response that addresses, in a concise
20    and reasoned manner, the actions taken to: (i) protect the
21    individual; (ii) prevent recurrences; and (iii) eliminate
22    the problems identified. The response shall include the
23    implementation and completion dates of such actions. If the
24    written response is not filed within the allotted 30
25    calendar day period, the Secretary shall determine the
26    appropriate corrective action to be taken.

 

 

HB0948- 32 -LRB098 06332 KTG 36373 b

1        (2) Reconsideration requests. The facility, agency,
2    victim or guardian, or the subject employee may request
3    that the Office of Inspector General reconsider or clarify
4    its finding based upon additional information.
5    (o) Disclosure of the finding by the Inspector General. The
6Inspector General shall disclose the finding of an
7investigation to the following persons: (i) the Governor, (ii)
8the Secretary, (iii) the director of the facility or agency,
9(iv) the alleged victims and their guardians, (v) the
10complainant, and (vi) the accused. This information shall
11include whether the allegations were deemed substantiated,
12unsubstantiated, or unfounded.
13    (p) Secretary review. Upon review of the Inspector
14General's investigative report and any agency's or facility's
15written response, the Secretary shall accept or reject the
16written response and notify the Inspector General of that
17determination. The Secretary may further direct that other
18administrative action be taken, including, but not limited to,
19any one or more of the following: (i) additional site visits,
20(ii) training, (iii) provision of technical assistance
21relative to administrative needs, licensure or certification,
22or (iv) the imposition of appropriate sanctions.
23    (q) Action by facility or agency. Within 30 days of the
24date the Secretary approves the written response or directs
25that further administrative action be taken, the facility or
26agency shall provide an implementation report to the Inspector

 

 

HB0948- 33 -LRB098 06332 KTG 36373 b

1General that provides the status of the action taken. The
2facility or agency shall be allowed an additional 30 days to
3send notice of completion of the action or to send an updated
4implementation report. If the action has not been completed
5within the additional 30 day period, the facility or agency
6shall send updated implementation reports every 60 days until
7completion. The Inspector General shall conduct a review of any
8implementation plan that takes more than 120 days after
9approval to complete, and shall monitor compliance through a
10random review of approved written responses, which may include,
11but are not limited to: (i) site visits, (ii) telephone
12contact, and (iii) requests for additional documentation
13evidencing compliance.
14    (r) Sanctions. Sanctions, if imposed by the Secretary under
15Subdivision (p)(iv) of this Section, shall be designed to
16prevent further acts of mental abuse, physical abuse, sexual
17abuse, neglect, egregious neglect, or financial exploitation
18or some combination of one or more of those acts at a facility
19or agency, and may include any one or more of the following:
20        (1) Appointment of on-site monitors.
21        (2) Transfer or relocation of an individual or
22    individuals.
23        (3) Closure of units.
24        (4) Termination of any one or more of the following:
25    (i) Department licensing, (ii) funding, or (iii)
26    certification.

 

 

HB0948- 34 -LRB098 06332 KTG 36373 b

1    The Inspector General may seek the assistance of the
2Illinois Attorney General or the office of any State's Attorney
3in implementing sanctions.
4    (s) Health care worker registry.
5        (1) Reporting to the registry. The Inspector General
6    shall report to the Department of Public Health's health
7    care worker registry, a public registry, the identity and
8    finding of each employee of a facility or agency against
9    whom there is a final investigative report containing a
10    substantiated allegation of physical or sexual abuse or
11    egregious neglect of an individual.
12        (2) Notice to employee. Prior to reporting the name of
13    an employee, the employee shall be notified of the
14    Department's obligation to report and shall be granted an
15    opportunity to request an administrative hearing, the sole
16    purpose of which is to determine if the substantiated
17    finding warrants reporting to the registry. Notice to the
18    employee shall contain a clear and concise statement of the
19    grounds on which the report to the registry is based, offer
20    the employee an opportunity for a hearing, and identify the
21    process for requesting such a hearing. Notice is sufficient
22    if provided by certified mail to the employee's last known
23    address. If the employee fails to request a hearing within
24    30 days from the date of the notice, the Inspector General
25    shall report the name of the employee to the registry.
26    Nothing in this subdivision (s)(2) shall diminish or impair

 

 

HB0948- 35 -LRB098 06332 KTG 36373 b

1    the rights of a person who is a member of a collective
2    bargaining unit under the Illinois Public Labor Relations
3    Act or under any other federal labor statute.
4        (3) Registry hearings. If the employee requests an
5    administrative hearing, the employee shall be granted an
6    opportunity to appear before an administrative law judge to
7    present reasons why the employee's name should not be
8    reported to the registry. The Department shall bear the
9    burden of presenting evidence that establishes, by a
10    preponderance of the evidence, that the substantiated
11    finding warrants reporting to the registry. After
12    considering all the evidence presented, the administrative
13    law judge shall make a recommendation to the Secretary as
14    to whether the substantiated finding warrants reporting
15    the name of the employee to the registry. The Secretary
16    shall render the final decision. The Department and the
17    employee shall have the right to request that the
18    administrative law judge consider a stipulated disposition
19    of these proceedings.
20        (4) Testimony at registry hearings. A person who makes
21    a report or who investigates a report under this Act shall
22    testify fully in any judicial proceeding resulting from
23    such a report, as to any evidence of abuse or neglect, or
24    the cause thereof. No evidence shall be excluded by reason
25    of any common law or statutory privilege relating to
26    communications between the alleged perpetrator of abuse or

 

 

HB0948- 36 -LRB098 06332 KTG 36373 b

1    neglect, or the individual alleged as the victim in the
2    report, and the person making or investigating the report.
3    Testimony at hearings is exempt from the confidentiality
4    requirements of subsection (f) of Section 10 of the Mental
5    Health and Developmental Disabilities Confidentiality Act.
6        (5) Employee's rights to collateral action. No
7    reporting to the registry shall occur and no hearing shall
8    be set or proceed if an employee notifies the Inspector
9    General in writing, including any supporting
10    documentation, that he or she is formally contesting an
11    adverse employment action resulting from a substantiated
12    finding by complaint filed with the Illinois Civil Service
13    Commission, or which otherwise seeks to enforce the
14    employee's rights pursuant to any applicable collective
15    bargaining agreement. If an action taken by an employer
16    against an employee as a result of a finding of physical
17    abuse, sexual abuse, or egregious neglect is overturned
18    through an action filed with the Illinois Civil Service
19    Commission or under any applicable collective bargaining
20    agreement and if that employee's name has already been sent
21    to the registry, the employee's name shall be removed from
22    the registry.
23        (6) Removal from registry. At any time after the report
24    to the registry, but no more than once in any 12-month
25    period, an employee may petition the Department in writing
26    to remove his or her name from the registry. Upon receiving

 

 

HB0948- 37 -LRB098 06332 KTG 36373 b

1    notice of such request, the Inspector General shall conduct
2    an investigation into the petition. Upon receipt of such
3    request, an administrative hearing will be set by the
4    Department. At the hearing, the employee shall bear the
5    burden of presenting evidence that establishes, by a
6    preponderance of the evidence, that removal of the name
7    from the registry is in the public interest. The parties
8    may jointly request that the administrative law judge
9    consider a stipulated disposition of these proceedings.
10    (t) Review of Administrative Decisions. The Department
11shall preserve a record of all proceedings at any formal
12hearing conducted by the Department involving health care
13worker registry hearings. Final administrative decisions of
14the Department are subject to judicial review pursuant to
15provisions of the Administrative Review Law.
16    (u) Quality Care Board. There is created, within the Office
17of the Inspector General, a Quality Care Board to be composed
18of 7 members appointed by the Governor with the advice and
19consent of the Senate. One of the members shall be designated
20as chairman by the Governor. Of the initial appointments made
21by the Governor, 4 Board members shall each be appointed for a
22term of 4 years and 3 members shall each be appointed for a
23term of 2 years. Upon the expiration of each member's term, a
24successor shall be appointed for a term of 4 years. In the case
25of a vacancy in the office of any member, the Governor shall
26appoint a successor for the remainder of the unexpired term.

 

 

HB0948- 38 -LRB098 06332 KTG 36373 b

1    Members appointed by the Governor shall be qualified by
2professional knowledge or experience in the area of law,
3investigatory techniques, or in the area of care of the
4mentally ill or developmentally disabled. Two members
5appointed by the Governor shall be persons with a disability or
6a parent of a person with a disability. Members shall serve
7without compensation, but shall be reimbursed for expenses
8incurred in connection with the performance of their duties as
9members.
10    The Board shall meet quarterly, and may hold other meetings
11on the call of the chairman. Four members shall constitute a
12quorum allowing the Board to conduct its business. The Board
13may adopt rules and regulations it deems necessary to govern
14its own procedures.
15    The Board shall monitor and oversee the operations,
16policies, and procedures of the Inspector General to ensure the
17prompt and thorough investigation of allegations of neglect and
18abuse. In fulfilling these responsibilities, the Board may do
19the following:
20        (1) Provide independent, expert consultation to the
21    Inspector General on policies and protocols for
22    investigations of alleged abuse, neglect, or both abuse and
23    neglect.
24        (2) Review existing regulations relating to the
25    operation of facilities.
26        (3) Advise the Inspector General as to the content of

 

 

HB0948- 39 -LRB098 06332 KTG 36373 b

1    training activities authorized under this Section.
2        (4) Recommend policies concerning methods for
3    improving the intergovernmental relationships between the
4    Office of the Inspector General and other State or federal
5    offices.
6    (v) Annual report. The Inspector General shall provide to
7the General Assembly and the Governor, no later than January 1
8of each year, a summary of reports and investigations made
9under this Act for the prior fiscal year with respect to
10individuals receiving mental health or developmental
11disabilities services. The report shall detail the imposition
12of sanctions, if any, and the final disposition of any
13corrective or administrative action directed by the Secretary.
14The summaries shall not contain any confidential or identifying
15information of any individual, but shall include objective data
16identifying any trends in the number of reported allegations,
17the timeliness of the Office of the Inspector General's
18investigations, and their disposition, for each facility and
19Department-wide, for the most recent 3-year time period. The
20report shall also identify, by facility, the staff-to-patient
21ratios taking account of direct care staff only. The report
22shall also include detailed recommended administrative actions
23and matters for consideration by the General Assembly.
24    (w) Program audit. The Auditor General shall conduct a
25program audit of the Office of the Inspector General on an
26as-needed basis, as determined by the Auditor General. The

 

 

HB0948- 40 -LRB098 06332 KTG 36373 b

1audit shall specifically include the Inspector General's
2compliance with the Act and effectiveness in investigating
3reports of allegations occurring in any facility or agency. The
4Auditor General shall conduct the program audit according to
5the provisions of the Illinois State Auditing Act and shall
6report its findings to the General Assembly no later than
7January 1 following the audit period.
8    (x) Nothing in this Section shall be construed to mean that
9a patient is a victim of abuse or neglect because of health
10care services appropriately provided or not provided by health
11care professionals.
12    (y) Nothing in this Section shall require a facility,
13including its employees, agents, medical staff members, and
14health care professionals, to provide a service to a patient in
15contravention of that patient's stated or implied objection to
16the provision of that service on the ground that that service
17conflicts with the patient's religious beliefs or practices,
18nor shall the failure to provide a service to a patient be
19considered abuse under this Section if the patient has objected
20to the provision of that service based on his or her religious
21beliefs or practices.
22(Source: P.A. 95-545, eff. 8-28-07; 96-339, eff. 7-1-10;
2396-407, eff. 8-13-09; 96-555, eff. 8-18-09; 96-1000, eff.
247-2-10; 96-1446, eff. 8-20-10.)
 
25    (20 ILCS 2435/Act rep.)

 

 

HB0948- 41 -LRB098 06332 KTG 36373 b

1    Section 11. The Abuse of Adults with Disabilities
2Intervention Act is repealed.
 
3    Section 12. The Illinois Police Training Act is amended by
4changing Section 7 as follows:
 
5    (50 ILCS 705/7)  (from Ch. 85, par. 507)
6    Sec. 7. Rules and standards for schools. The Board shall
7adopt rules and minimum standards for such schools which shall
8include but not be limited to the following:
9    a. The curriculum for probationary police officers which
10shall be offered by all certified schools shall include but not
11be limited to courses of arrest, search and seizure, civil
12rights, human relations, cultural diversity, including racial
13and ethnic sensitivity, criminal law, law of criminal
14procedure, vehicle and traffic law including uniform and
15non-discriminatory enforcement of the Illinois Vehicle Code,
16traffic control and accident investigation, techniques of
17obtaining physical evidence, court testimonies, statements,
18reports, firearms training, first-aid (including
19cardiopulmonary resuscitation), handling of juvenile
20offenders, recognition of mental conditions which require
21immediate assistance and methods to safeguard and provide
22assistance to a person in need of mental treatment, recognition
23of elder abuse and neglect, as defined in Section 2 of the
24Adult Protective Services Act Elder Abuse and Neglect Act,

 

 

HB0948- 42 -LRB098 06332 KTG 36373 b

1crimes against the elderly, law of evidence, the hazards of
2high-speed police vehicle chases with an emphasis on
3alternatives to the high-speed chase, and physical training.
4The curriculum shall include specific training in techniques
5for immediate response to and investigation of cases of
6domestic violence and of sexual assault of adults and children.
7The curriculum shall include training in techniques designed to
8promote effective communication at the initial contact with
9crime victims and ways to comprehensively explain to victims
10and witnesses their rights under the Rights of Crime Victims
11and Witnesses Act and the Crime Victims Compensation Act. The
12curriculum shall also include a block of instruction aimed at
13identifying and interacting with persons with autism and other
14developmental disabilities, reducing barriers to reporting
15crimes against persons with autism, and addressing the unique
16challenges presented by cases involving victims or witnesses
17with autism and other developmental disabilities. The
18curriculum for permanent police officers shall include but not
19be limited to (1) refresher and in-service training in any of
20the courses listed above in this subparagraph, (2) advanced
21courses in any of the subjects listed above in this
22subparagraph, (3) training for supervisory personnel, and (4)
23specialized training in subjects and fields to be selected by
24the board.
25    b. Minimum courses of study, attendance requirements and
26equipment requirements.

 

 

HB0948- 43 -LRB098 06332 KTG 36373 b

1    c. Minimum requirements for instructors.
2    d. Minimum basic training requirements, which a
3probationary police officer must satisfactorily complete
4before being eligible for permanent employment as a local law
5enforcement officer for a participating local governmental
6agency. Those requirements shall include training in first aid
7(including cardiopulmonary resuscitation).
8    e. Minimum basic training requirements, which a
9probationary county corrections officer must satisfactorily
10complete before being eligible for permanent employment as a
11county corrections officer for a participating local
12governmental agency.
13    f. Minimum basic training requirements which a
14probationary court security officer must satisfactorily
15complete before being eligible for permanent employment as a
16court security officer for a participating local governmental
17agency. The Board shall establish those training requirements
18which it considers appropriate for court security officers and
19shall certify schools to conduct that training.
20    A person hired to serve as a court security officer must
21obtain from the Board a certificate (i) attesting to his or her
22successful completion of the training course; (ii) attesting to
23his or her satisfactory completion of a training program of
24similar content and number of hours that has been found
25acceptable by the Board under the provisions of this Act; or
26(iii) attesting to the Board's determination that the training

 

 

HB0948- 44 -LRB098 06332 KTG 36373 b

1course is unnecessary because of the person's extensive prior
2law enforcement experience.
3    Individuals who currently serve as court security officers
4shall be deemed qualified to continue to serve in that capacity
5so long as they are certified as provided by this Act within 24
6months of the effective date of this amendatory Act of 1996.
7Failure to be so certified, absent a waiver from the Board,
8shall cause the officer to forfeit his or her position.
9    All individuals hired as court security officers on or
10after the effective date of this amendatory Act of 1996 shall
11be certified within 12 months of the date of their hire, unless
12a waiver has been obtained by the Board, or they shall forfeit
13their positions.
14    The Sheriff's Merit Commission, if one exists, or the
15Sheriff's Office if there is no Sheriff's Merit Commission,
16shall maintain a list of all individuals who have filed
17applications to become court security officers and who meet the
18eligibility requirements established under this Act. Either
19the Sheriff's Merit Commission, or the Sheriff's Office if no
20Sheriff's Merit Commission exists, shall establish a schedule
21of reasonable intervals for verification of the applicants'
22qualifications under this Act and as established by the Board.
23(Source: P.A. 97-815, eff. 1-1-13; 97-862, eff. 1-1-13; revised
248-3-12.)
 
25    Section 13. The Illinois Banking Act is amended by changing

 

 

HB0948- 45 -LRB098 06332 KTG 36373 b

1Section 48.1 as follows:
 
2    (205 ILCS 5/48.1)  (from Ch. 17, par. 360)
3    Sec. 48.1. Customer financial records; confidentiality.
4    (a) For the purpose of this Section, the term "financial
5records" means any original, any copy, or any summary of:
6        (1) a document granting signature authority over a
7    deposit or account;
8        (2) a statement, ledger card or other record on any
9    deposit or account, which shows each transaction in or with
10    respect to that account;
11        (3) a check, draft or money order drawn on a bank or
12    issued and payable by a bank; or
13        (4) any other item containing information pertaining
14    to any relationship established in the ordinary course of a
15    bank's business between a bank and its customer, including
16    financial statements or other financial information
17    provided by the customer.
18    (b) This Section does not prohibit:
19        (1) The preparation, examination, handling or
20    maintenance of any financial records by any officer,
21    employee or agent of a bank having custody of the records,
22    or the examination of the records by a certified public
23    accountant engaged by the bank to perform an independent
24    audit.
25        (2) The examination of any financial records by, or the

 

 

HB0948- 46 -LRB098 06332 KTG 36373 b

1    furnishing of financial records by a bank to, any officer,
2    employee or agent of (i) the Commissioner of Banks and Real
3    Estate, (ii) after May 31, 1997, a state regulatory
4    authority authorized to examine a branch of a State bank
5    located in another state, (iii) the Comptroller of the
6    Currency, (iv) the Federal Reserve Board, or (v) the
7    Federal Deposit Insurance Corporation for use solely in the
8    exercise of his duties as an officer, employee, or agent.
9        (3) The publication of data furnished from financial
10    records relating to customers where the data cannot be
11    identified to any particular customer or account.
12        (4) The making of reports or returns required under
13    Chapter 61 of the Internal Revenue Code of 1986.
14        (5) Furnishing information concerning the dishonor of
15    any negotiable instrument permitted to be disclosed under
16    the Uniform Commercial Code.
17        (6) The exchange in the regular course of business of
18    (i) credit information between a bank and other banks or
19    financial institutions or commercial enterprises, directly
20    or through a consumer reporting agency or (ii) financial
21    records or information derived from financial records
22    between a bank and other banks or financial institutions or
23    commercial enterprises for the purpose of conducting due
24    diligence pursuant to a purchase or sale involving the bank
25    or assets or liabilities of the bank.
26        (7) The furnishing of information to the appropriate

 

 

HB0948- 47 -LRB098 06332 KTG 36373 b

1    law enforcement authorities where the bank reasonably
2    believes it has been the victim of a crime.
3        (8) The furnishing of information under the Uniform
4    Disposition of Unclaimed Property Act.
5        (9) The furnishing of information under the Illinois
6    Income Tax Act and the Illinois Estate and
7    Generation-Skipping Transfer Tax Act.
8        (10) The furnishing of information under the federal
9    Currency and Foreign Transactions Reporting Act Title 31,
10    United States Code, Section 1051 et seq.
11        (11) The furnishing of information under any other
12    statute that by its terms or by regulations promulgated
13    thereunder requires the disclosure of financial records
14    other than by subpoena, summons, warrant, or court order.
15        (12) The furnishing of information about the existence
16    of an account of a person to a judgment creditor of that
17    person who has made a written request for that information.
18        (13) The exchange in the regular course of business of
19    information between commonly owned banks in connection
20    with a transaction authorized under paragraph (23) of
21    Section 5 and conducted at an affiliate facility.
22        (14) The furnishing of information in accordance with
23    the federal Personal Responsibility and Work Opportunity
24    Reconciliation Act of 1996. Any bank governed by this Act
25    shall enter into an agreement for data exchanges with a
26    State agency provided the State agency pays to the bank a

 

 

HB0948- 48 -LRB098 06332 KTG 36373 b

1    reasonable fee not to exceed its actual cost incurred. A
2    bank providing information in accordance with this item
3    shall not be liable to any account holder or other person
4    for any disclosure of information to a State agency, for
5    encumbering or surrendering any assets held by the bank in
6    response to a lien or order to withhold and deliver issued
7    by a State agency, or for any other action taken pursuant
8    to this item, including individual or mechanical errors,
9    provided the action does not constitute gross negligence or
10    willful misconduct. A bank shall have no obligation to
11    hold, encumber, or surrender assets until it has been
12    served with a subpoena, summons, warrant, court or
13    administrative order, lien, or levy.
14        (15) The exchange in the regular course of business of
15    information between a bank and any commonly owned affiliate
16    of the bank, subject to the provisions of the Financial
17    Institutions Insurance Sales Law.
18        (16) The furnishing of information to law enforcement
19    authorities, the Illinois Department on Aging and its
20    regional administrative and provider agencies, the
21    Department of Human Services Office of Inspector General,
22    or public guardians: (i) upon subpoena by the investigatory
23    entity or the guardian, or (ii) if there is suspicion by
24    the bank that a customer who is an elderly or disabled
25    person has been or may become the victim of financial
26    exploitation. For the purposes of this item (16), the term:

 

 

HB0948- 49 -LRB098 06332 KTG 36373 b

1    (i) "elderly person" means a person who is 60 or more years
2    of age, (ii) "disabled person" means a person who has or
3    reasonably appears to the bank to have a physical or mental
4    disability that impairs his or her ability to seek or
5    obtain protection from or prevent financial exploitation,
6    and (iii) "financial exploitation" means tortious or
7    illegal use of the assets or resources of an elderly or
8    disabled person, and includes, without limitation,
9    misappropriation of the elderly or disabled person's
10    assets or resources by undue influence, breach of fiduciary
11    relationship, intimidation, fraud, deception, extortion,
12    or the use of assets or resources in any manner contrary to
13    law. A bank or person furnishing information pursuant to
14    this item (16) shall be entitled to the same rights and
15    protections as a person furnishing information under the
16    Adult Protective Services Act Elder Abuse and Neglect Act,
17    the Illinois Domestic Violence Act of 1986, and the Abuse
18    of Adults with Disabilities Intervention Act.
19        (17) The disclosure of financial records or
20    information as necessary to effect, administer, or enforce
21    a transaction requested or authorized by the customer, or
22    in connection with:
23            (A) servicing or processing a financial product or
24        service requested or authorized by the customer;
25            (B) maintaining or servicing a customer's account
26        with the bank; or

 

 

HB0948- 50 -LRB098 06332 KTG 36373 b

1            (C) a proposed or actual securitization or
2        secondary market sale (including sales of servicing
3        rights) related to a transaction of a customer.
4        Nothing in this item (17), however, authorizes the sale
5    of the financial records or information of a customer
6    without the consent of the customer.
7        (18) The disclosure of financial records or
8    information as necessary to protect against actual or
9    potential fraud, unauthorized transactions, claims, or
10    other liability.
11        (19)(a) The disclosure of financial records or
12    information related to a private label credit program
13    between a financial institution and a private label party
14    in connection with that private label credit program. Such
15    information is limited to outstanding balance, available
16    credit, payment and performance and account history,
17    product references, purchase information, and information
18    related to the identity of the customer.
19        (b)(l) For purposes of this paragraph (19) of
20    subsection (b) of Section 48.1, a "private label credit
21    program" means a credit program involving a financial
22    institution and a private label party that is used by a
23    customer of the financial institution and the private label
24    party primarily for payment for goods or services sold,
25    manufactured, or distributed by a private label party.
26        (2) For purposes of this paragraph (19) of subsection

 

 

HB0948- 51 -LRB098 06332 KTG 36373 b

1    (b) of Section 48.l, a "private label party" means, with
2    respect to a private label credit program, any of the
3    following: a retailer, a merchant, a manufacturer, a trade
4    group, or any such person's affiliate, subsidiary, member,
5    agent, or service provider.
6    (c) Except as otherwise provided by this Act, a bank may
7not disclose to any person, except to the customer or his duly
8authorized agent, any financial records or financial
9information obtained from financial records relating to that
10customer of that bank unless:
11        (1) the customer has authorized disclosure to the
12    person;
13        (2) the financial records are disclosed in response to
14    a lawful subpoena, summons, warrant, citation to discover
15    assets, or court order which meets the requirements of
16    subsection (d) of this Section; or
17        (3) the bank is attempting to collect an obligation
18    owed to the bank and the bank complies with the provisions
19    of Section 2I of the Consumer Fraud and Deceptive Business
20    Practices Act.
21    (d) A bank shall disclose financial records under paragraph
22(2) of subsection (c) of this Section under a lawful subpoena,
23summons, warrant, citation to discover assets, or court order
24only after the bank mails a copy of the subpoena, summons,
25warrant, citation to discover assets, or court order to the
26person establishing the relationship with the bank, if living,

 

 

HB0948- 52 -LRB098 06332 KTG 36373 b

1and, otherwise his personal representative, if known, at his
2last known address by first class mail, postage prepaid, unless
3the bank is specifically prohibited from notifying the person
4by order of court or by applicable State or federal law. A bank
5shall not mail a copy of a subpoena to any person pursuant to
6this subsection if the subpoena was issued by a grand jury
7under the Statewide Grand Jury Act.
8    (e) Any officer or employee of a bank who knowingly and
9willfully furnishes financial records in violation of this
10Section is guilty of a business offense and, upon conviction,
11shall be fined not more than $1,000.
12    (f) Any person who knowingly and willfully induces or
13attempts to induce any officer or employee of a bank to
14disclose financial records in violation of this Section is
15guilty of a business offense and, upon conviction, shall be
16fined not more than $1,000.
17    (g) A bank shall be reimbursed for costs that are
18reasonably necessary and that have been directly incurred in
19searching for, reproducing, or transporting books, papers,
20records, or other data of a customer required or requested to
21be produced pursuant to a lawful subpoena, summons, warrant,
22citation to discover assets, or court order. The Commissioner
23shall determine the rates and conditions under which payment
24may be made.
25(Source: P.A. 94-495, eff. 8-8-05; 94-851, eff. 6-13-06;
2695-661, eff. 1-1-08.)
 

 

 

HB0948- 53 -LRB098 06332 KTG 36373 b

1    Section 14. The Illinois Savings and Loan Act of 1985 is
2amended by changing Section 3-8 as follows:
 
3    (205 ILCS 105/3-8)  (from Ch. 17, par. 3303-8)
4    Sec. 3-8. Access to books and records; communication with
5members.
6    (a) Every member or holder of capital shall have the right
7to inspect the books and records of the association that
8pertain to his account. Otherwise, the right of inspection and
9examination of the books and records shall be limited as
10provided in this Act, and no other person shall have access to
11the books and records or shall be entitled to a list of the
12members.
13    (b) For the purpose of this Section, the term "financial
14records" means any original, any copy, or any summary of (i) a
15document granting signature authority over a deposit or
16account; (ii) a statement, ledger card, or other record on any
17deposit or account that shows each transaction in or with
18respect to that account; (iii) a check, draft, or money order
19drawn on an association or issued and payable by an
20association; or (iv) any other item containing information
21pertaining to any relationship established in the ordinary
22course of an association's business between an association and
23its customer, including financial statements or other
24financial information provided by the member or holder of

 

 

HB0948- 54 -LRB098 06332 KTG 36373 b

1capital.
2    (c) This Section does not prohibit:
3        (1) The preparation, examination, handling, or
4    maintenance of any financial records by any officer,
5    employee, or agent of an association having custody of
6    those records or the examination of those records by a
7    certified public accountant engaged by the association to
8    perform an independent audit.
9        (2) The examination of any financial records by, or the
10    furnishing of financial records by an association to, any
11    officer, employee, or agent of the Commissioner of Banks
12    and Real Estate or federal depository institution
13    regulator for use solely in the exercise of his duties as
14    an officer, employee, or agent.
15        (3) The publication of data furnished from financial
16    records relating to members or holders of capital where the
17    data cannot be identified to any particular member, holder
18    of capital, or account.
19        (4) The making of reports or returns required under
20    Chapter 61 of the Internal Revenue Code of 1986.
21        (5) Furnishing information concerning the dishonor of
22    any negotiable instrument permitted to be disclosed under
23    the Uniform Commercial Code.
24        (6) The exchange in the regular course of business of
25    (i) credit information between an association and other
26    associations or financial institutions or commercial

 

 

HB0948- 55 -LRB098 06332 KTG 36373 b

1    enterprises, directly or through a consumer reporting
2    agency or (ii) financial records or information derived
3    from financial records between an association and other
4    associations or financial institutions or commercial
5    enterprises for the purpose of conducting due diligence
6    pursuant to a purchase or sale involving the association or
7    assets or liabilities of the association.
8        (7) The furnishing of information to the appropriate
9    law enforcement authorities where the association
10    reasonably believes it has been the victim of a crime.
11        (8) The furnishing of information pursuant to the
12    Uniform Disposition of Unclaimed Property Act.
13        (9) The furnishing of information pursuant to the
14    Illinois Income Tax Act and the Illinois Estate and
15    Generation-Skipping Transfer Tax Act.
16        (10) The furnishing of information pursuant to the
17    federal "Currency and Foreign Transactions Reporting Act",
18    (Title 31, United States Code, Section 1051 et seq.).
19        (11) The furnishing of information pursuant to any
20    other statute that by its terms or by regulations
21    promulgated thereunder requires the disclosure of
22    financial records other than by subpoena, summons,
23    warrant, or court order.
24        (12) The exchange of information between an
25    association and an affiliate of the association; as used in
26    this item, "affiliate" includes any company, partnership,

 

 

HB0948- 56 -LRB098 06332 KTG 36373 b

1    or organization that controls, is controlled by, or is
2    under common control with an association.
3        (13) The furnishing of information in accordance with
4    the federal Personal Responsibility and Work Opportunity
5    Reconciliation Act of 1996. Any association governed by
6    this Act shall enter into an agreement for data exchanges
7    with a State agency provided the State agency pays to the
8    association a reasonable fee not to exceed its actual cost
9    incurred. An association providing information in
10    accordance with this item shall not be liable to any
11    account holder or other person for any disclosure of
12    information to a State agency, for encumbering or
13    surrendering any assets held by the association in response
14    to a lien or order to withhold and deliver issued by a
15    State agency, or for any other action taken pursuant to
16    this item, including individual or mechanical errors,
17    provided the action does not constitute gross negligence or
18    willful misconduct. An association shall have no
19    obligation to hold, encumber, or surrender assets until it
20    has been served with a subpoena, summons, warrant, court or
21    administrative order, lien, or levy.
22        (14) The furnishing of information to law enforcement
23    authorities, the Illinois Department on Aging and its
24    regional administrative and provider agencies, the
25    Department of Human Services Office of Inspector General,
26    or public guardians: (i) upon subpoena by the investigatory

 

 

HB0948- 57 -LRB098 06332 KTG 36373 b

1    entity or the guardian, or (ii) if there is suspicion by
2    the association that a customer who is an elderly or
3    disabled person has been or may become the victim of
4    financial exploitation. For the purposes of this item (14),
5    the term: (i) "elderly person" means a person who is 60 or
6    more years of age, (ii) "disabled person" means a person
7    who has or reasonably appears to the association to have a
8    physical or mental disability that impairs his or her
9    ability to seek or obtain protection from or prevent
10    financial exploitation, and (iii) "financial exploitation"
11    means tortious or illegal use of the assets or resources of
12    an elderly or disabled person, and includes, without
13    limitation, misappropriation of the elderly or disabled
14    person's assets or resources by undue influence, breach of
15    fiduciary relationship, intimidation, fraud, deception,
16    extortion, or the use of assets or resources in any manner
17    contrary to law. An association or person furnishing
18    information pursuant to this item (14) shall be entitled to
19    the same rights and protections as a person furnishing
20    information under the Adult Protective Services Act Elder
21    Abuse and Neglect Act, the Illinois Domestic Violence Act
22    of 1986, and the Abuse of Adults with Disabilities
23    Intervention Act.
24        (15) The disclosure of financial records or
25    information as necessary to effect, administer, or enforce
26    a transaction requested or authorized by the member or

 

 

HB0948- 58 -LRB098 06332 KTG 36373 b

1    holder of capital, or in connection with:
2            (A) servicing or processing a financial product or
3        service requested or authorized by the member or holder
4        of capital;
5            (B) maintaining or servicing an account of a member
6        or holder of capital with the association; or
7            (C) a proposed or actual securitization or
8        secondary market sale (including sales of servicing
9        rights) related to a transaction of a member or holder
10        of capital.
11        Nothing in this item (15), however, authorizes the sale
12    of the financial records or information of a member or
13    holder of capital without the consent of the member or
14    holder of capital.
15        (16) The disclosure of financial records or
16    information as necessary to protect against or prevent
17    actual or potential fraud, unauthorized transactions,
18    claims, or other liability.
19        (17)(a) The disclosure of financial records or
20    information related to a private label credit program
21    between a financial institution and a private label party
22    in connection with that private label credit program. Such
23    information is limited to outstanding balance, available
24    credit, payment and performance and account history,
25    product references, purchase information, and information
26    related to the identity of the customer.

 

 

HB0948- 59 -LRB098 06332 KTG 36373 b

1        (b)(l) For purposes of this paragraph (17) of
2    subsection (c) of Section 3-8, a "private label credit
3    program" means a credit program involving a financial
4    institution and a private label party that is used by a
5    customer of the financial institution and the private label
6    party primarily for payment for goods or services sold,
7    manufactured, or distributed by a private label party.
8        (2) For purposes of this paragraph (17) of subsection
9    (c) of Section 3-8, a "private label party" means, with
10    respect to a private label credit program, any of the
11    following: a retailer, a merchant, a manufacturer, a trade
12    group, or any such person's affiliate, subsidiary, member,
13    agent, or service provider.
14    (d) An association may not disclose to any person, except
15to the member or holder of capital or his duly authorized
16agent, any financial records relating to that member or holder
17of capital of that association unless:
18        (1) The member or holder of capital has authorized
19    disclosure to the person; or
20        (2) The financial records are disclosed in response to
21    a lawful subpoena, summons, warrant, citation to discover
22    assets, or court order that meets the requirements of
23    subsection (e) of this Section.
24    (e) An association shall disclose financial records under
25subsection (d) of this Section pursuant to a lawful subpoena,
26summons, warrant, citation to discover assets, or court order

 

 

HB0948- 60 -LRB098 06332 KTG 36373 b

1only after the association mails a copy of the subpoena,
2summons, warrant, citation to discover assets, or court order
3to the person establishing the relationship with the
4association, if living, and, otherwise, his personal
5representative, if known, at his last known address by first
6class mail, postage prepaid, unless the association is
7specifically prohibited from notifying that person by order of
8court.
9    (f)(1) Any officer or employee of an association who
10knowingly and willfully furnishes financial records in
11violation of this Section is guilty of a business offense and,
12upon conviction, shall be fined not more than $1,000.
13    (2) Any person who knowingly and willfully induces or
14attempts to induce any officer or employee of an association to
15disclose financial records in violation of this Section is
16guilty of a business offense and, upon conviction, shall be
17fined not more than $1,000.
18    (g) However, if any member desires to communicate with the
19other members of the association with reference to any question
20pending or to be presented at a meeting of the members, the
21association shall give him upon request a statement of the
22approximate number of members entitled to vote at the meeting
23and an estimate of the cost of preparing and mailing the
24communication. The requesting member then shall submit the
25communication to the Commissioner who, if he finds it to be
26appropriate and truthful, shall direct that it be prepared and

 

 

HB0948- 61 -LRB098 06332 KTG 36373 b

1mailed to the members upon the requesting member's payment or
2adequate provision for payment of the expenses of preparation
3and mailing.
4    (h) An association shall be reimbursed for costs that are
5necessary and that have been directly incurred in searching
6for, reproducing, or transporting books, papers, records, or
7other data of a customer required to be reproduced pursuant to
8a lawful subpoena, warrant, citation to discover assets, or
9court order.
10(Source: P.A. 94-495, eff. 8-8-05; 94-851, eff. 6-13-06;
1195-661, eff. 1-1-08.)
 
12    Section 15. The Savings Bank Act is amended by changing
13Section 4013 as follows:
 
14    (205 ILCS 205/4013)  (from Ch. 17, par. 7304-13)
15    Sec. 4013. Access to books and records; communication with
16members and shareholders.
17    (a) Every member or shareholder shall have the right to
18inspect books and records of the savings bank that pertain to
19his accounts. Otherwise, the right of inspection and
20examination of the books and records shall be limited as
21provided in this Act, and no other person shall have access to
22the books and records nor shall be entitled to a list of the
23members or shareholders.
24    (b) For the purpose of this Section, the term "financial

 

 

HB0948- 62 -LRB098 06332 KTG 36373 b

1records" means any original, any copy, or any summary of (1) a
2document granting signature authority over a deposit or
3account; (2) a statement, ledger card, or other record on any
4deposit or account that shows each transaction in or with
5respect to that account; (3) a check, draft, or money order
6drawn on a savings bank or issued and payable by a savings
7bank; or (4) any other item containing information pertaining
8to any relationship established in the ordinary course of a
9savings bank's business between a savings bank and its
10customer, including financial statements or other financial
11information provided by the member or shareholder.
12    (c) This Section does not prohibit:
13        (1) The preparation examination, handling, or
14    maintenance of any financial records by any officer,
15    employee, or agent of a savings bank having custody of
16    records or examination of records by a certified public
17    accountant engaged by the savings bank to perform an
18    independent audit.
19        (2) The examination of any financial records by, or the
20    furnishing of financial records by a savings bank to, any
21    officer, employee, or agent of the Commissioner of Banks
22    and Real Estate or the federal depository institution
23    regulator for use solely in the exercise of his duties as
24    an officer, employee, or agent.
25        (3) The publication of data furnished from financial
26    records relating to members or holders of capital where the

 

 

HB0948- 63 -LRB098 06332 KTG 36373 b

1    data cannot be identified to any particular member,
2    shareholder, or account.
3        (4) The making of reports or returns required under
4    Chapter 61 of the Internal Revenue Code of 1986.
5        (5) Furnishing information concerning the dishonor of
6    any negotiable instrument permitted to be disclosed under
7    the Uniform Commercial Code.
8        (6) The exchange in the regular course of business of
9    (i) credit information between a savings bank and other
10    savings banks or financial institutions or commercial
11    enterprises, directly or through a consumer reporting
12    agency or (ii) financial records or information derived
13    from financial records between a savings bank and other
14    savings banks or financial institutions or commercial
15    enterprises for the purpose of conducting due diligence
16    pursuant to a purchase or sale involving the savings bank
17    or assets or liabilities of the savings bank.
18        (7) The furnishing of information to the appropriate
19    law enforcement authorities where the savings bank
20    reasonably believes it has been the victim of a crime.
21        (8) The furnishing of information pursuant to the
22    Uniform Disposition of Unclaimed Property Act.
23        (9) The furnishing of information pursuant to the
24    Illinois Income Tax Act and the Illinois Estate and
25    Generation-Skipping Transfer Tax Act.
26        (10) The furnishing of information pursuant to the

 

 

HB0948- 64 -LRB098 06332 KTG 36373 b

1    federal "Currency and Foreign Transactions Reporting Act",
2    (Title 31, United States Code, Section 1051 et seq.).
3        (11) The furnishing of information pursuant to any
4    other statute which by its terms or by regulations
5    promulgated thereunder requires the disclosure of
6    financial records other than by subpoena, summons,
7    warrant, or court order.
8        (12) The furnishing of information in accordance with
9    the federal Personal Responsibility and Work Opportunity
10    Reconciliation Act of 1996. Any savings bank governed by
11    this Act shall enter into an agreement for data exchanges
12    with a State agency provided the State agency pays to the
13    savings bank a reasonable fee not to exceed its actual cost
14    incurred. A savings bank providing information in
15    accordance with this item shall not be liable to any
16    account holder or other person for any disclosure of
17    information to a State agency, for encumbering or
18    surrendering any assets held by the savings bank in
19    response to a lien or order to withhold and deliver issued
20    by a State agency, or for any other action taken pursuant
21    to this item, including individual or mechanical errors,
22    provided the action does not constitute gross negligence or
23    willful misconduct. A savings bank shall have no obligation
24    to hold, encumber, or surrender assets until it has been
25    served with a subpoena, summons, warrant, court or
26    administrative order, lien, or levy.

 

 

HB0948- 65 -LRB098 06332 KTG 36373 b

1        (13) The furnishing of information to law enforcement
2    authorities, the Illinois Department on Aging and its
3    regional administrative and provider agencies, the
4    Department of Human Services Office of Inspector General,
5    or public guardians: (i) upon subpoena by the investigatory
6    entity or the guardian, or (ii) if there is suspicion by
7    the savings bank that a customer who is an elderly or
8    disabled person has been or may become the victim of
9    financial exploitation. For the purposes of this item (13),
10    the term: (i) "elderly person" means a person who is 60 or
11    more years of age, (ii) "disabled person" means a person
12    who has or reasonably appears to the savings bank to have a
13    physical or mental disability that impairs his or her
14    ability to seek or obtain protection from or prevent
15    financial exploitation, and (iii) "financial exploitation"
16    means tortious or illegal use of the assets or resources of
17    an elderly or disabled person, and includes, without
18    limitation, misappropriation of the elderly or disabled
19    person's assets or resources by undue influence, breach of
20    fiduciary relationship, intimidation, fraud, deception,
21    extortion, or the use of assets or resources in any manner
22    contrary to law. A savings bank or person furnishing
23    information pursuant to this item (13) shall be entitled to
24    the same rights and protections as a person furnishing
25    information under the Adult Protective Services Act Elder
26    Abuse and Neglect Act, the Illinois Domestic Violence Act

 

 

HB0948- 66 -LRB098 06332 KTG 36373 b

1    of 1986, and the Abuse of Adults with Disabilities
2    Intervention Act.
3        (14) The disclosure of financial records or
4    information as necessary to effect, administer, or enforce
5    a transaction requested or authorized by the member or
6    holder of capital, or in connection with:
7            (A) servicing or processing a financial product or
8        service requested or authorized by the member or holder
9        of capital;
10            (B) maintaining or servicing an account of a member
11        or holder of capital with the savings bank; or
12            (C) a proposed or actual securitization or
13        secondary market sale (including sales of servicing
14        rights) related to a transaction of a member or holder
15        of capital.
16        Nothing in this item (14), however, authorizes the sale
17    of the financial records or information of a member or
18    holder of capital without the consent of the member or
19    holder of capital.
20        (15) The exchange in the regular course of business of
21    information between a savings bank and any commonly owned
22    affiliate of the savings bank, subject to the provisions of
23    the Financial Institutions Insurance Sales Law.
24        (16) The disclosure of financial records or
25    information as necessary to protect against or prevent
26    actual or potential fraud, unauthorized transactions,

 

 

HB0948- 67 -LRB098 06332 KTG 36373 b

1    claims, or other liability.
2        (17)(a) The disclosure of financial records or
3    information related to a private label credit program
4    between a financial institution and a private label party
5    in connection with that private label credit program. Such
6    information is limited to outstanding balance, available
7    credit, payment and performance and account history,
8    product references, purchase information, and information
9    related to the identity of the customer.
10        (b)(l) For purposes of this paragraph (17) of
11    subsection (c) of Section 4013, a "private label credit
12    program" means a credit program involving a financial
13    institution and a private label party that is used by a
14    customer of the financial institution and the private label
15    party primarily for payment for goods or services sold,
16    manufactured, or distributed by a private label party.
17        (2) For purposes of this paragraph (17) of subsection
18    (c) of Section 4013, a "private label party" means, with
19    respect to a private label credit program, any of the
20    following: a retailer, a merchant, a manufacturer, a trade
21    group, or any such person's affiliate, subsidiary, member,
22    agent, or service provider.
23    (d) A savings bank may not disclose to any person, except
24to the member or holder of capital or his duly authorized
25agent, any financial records relating to that member or
26shareholder of the savings bank unless:

 

 

HB0948- 68 -LRB098 06332 KTG 36373 b

1        (1) the member or shareholder has authorized
2    disclosure to the person; or
3        (2) the financial records are disclosed in response to
4    a lawful subpoena, summons, warrant, citation to discover
5    assets, or court order that meets the requirements of
6    subsection (e) of this Section.
7    (e) A savings bank shall disclose financial records under
8subsection (d) of this Section pursuant to a lawful subpoena,
9summons, warrant, citation to discover assets, or court order
10only after the savings bank mails a copy of the subpoena,
11summons, warrant, citation to discover assets, or court order
12to the person establishing the relationship with the savings
13bank, if living, and otherwise, his personal representative, if
14known, at his last known address by first class mail, postage
15prepaid, unless the savings bank is specifically prohibited
16from notifying the person by order of court.
17    (f) Any officer or employee of a savings bank who knowingly
18and willfully furnishes financial records in violation of this
19Section is guilty of a business offense and, upon conviction,
20shall be fined not more than $1,000.
21    (g) Any person who knowingly and willfully induces or
22attempts to induce any officer or employee of a savings bank to
23disclose financial records in violation of this Section is
24guilty of a business offense and, upon conviction, shall be
25fined not more than $1,000.
26    (h) If any member or shareholder desires to communicate

 

 

HB0948- 69 -LRB098 06332 KTG 36373 b

1with the other members or shareholders of the savings bank with
2reference to any question pending or to be presented at an
3annual or special meeting, the savings bank shall give that
4person, upon request, a statement of the approximate number of
5members or shareholders entitled to vote at the meeting and an
6estimate of the cost of preparing and mailing the
7communication. The requesting member shall submit the
8communication to the Commissioner who, upon finding it to be
9appropriate and truthful, shall direct that it be prepared and
10mailed to the members upon the requesting member's or
11shareholder's payment or adequate provision for payment of the
12expenses of preparation and mailing.
13    (i) A savings bank shall be reimbursed for costs that are
14necessary and that have been directly incurred in searching
15for, reproducing, or transporting books, papers, records, or
16other data of a customer required to be reproduced pursuant to
17a lawful subpoena, warrant, citation to discover assets, or
18court order.
19    (j) Notwithstanding the provisions of this Section, a
20savings bank may sell or otherwise make use of lists of
21customers' names and addresses. All other information
22regarding a customer's account are subject to the disclosure
23provisions of this Section. At the request of any customer,
24that customer's name and address shall be deleted from any list
25that is to be sold or used in any other manner beyond
26identification of the customer's accounts.

 

 

HB0948- 70 -LRB098 06332 KTG 36373 b

1(Source: P.A. 94-495, eff. 8-8-05; 94-851, eff. 6-13-06;
295-661, eff. 1-1-08.)
 
3    Section 16. The Illinois Credit Union Act is amended by
4changing Section 10 as follows:
 
5    (205 ILCS 305/10)  (from Ch. 17, par. 4411)
6    Sec. 10. Credit union records; member financial records.
7    (1) A credit union shall establish and maintain books,
8records, accounting systems and procedures which accurately
9reflect its operations and which enable the Department to
10readily ascertain the true financial condition of the credit
11union and whether it is complying with this Act.
12    (2) A photostatic or photographic reproduction of any
13credit union records shall be admissible as evidence of
14transactions with the credit union.
15    (3)(a) For the purpose of this Section, the term "financial
16records" means any original, any copy, or any summary of (1) a
17document granting signature authority over an account, (2) a
18statement, ledger card or other record on any account which
19shows each transaction in or with respect to that account, (3)
20a check, draft or money order drawn on a financial institution
21or other entity or issued and payable by or through a financial
22institution or other entity, or (4) any other item containing
23information pertaining to any relationship established in the
24ordinary course of business between a credit union and its

 

 

HB0948- 71 -LRB098 06332 KTG 36373 b

1member, including financial statements or other financial
2information provided by the member.
3    (b) This Section does not prohibit:
4        (1) The preparation, examination, handling or
5    maintenance of any financial records by any officer,
6    employee or agent of a credit union having custody of such
7    records, or the examination of such records by a certified
8    public accountant engaged by the credit union to perform an
9    independent audit.
10        (2) The examination of any financial records by or the
11    furnishing of financial records by a credit union to any
12    officer, employee or agent of the Department, the National
13    Credit Union Administration, Federal Reserve board or any
14    insurer of share accounts for use solely in the exercise of
15    his duties as an officer, employee or agent.
16        (3) The publication of data furnished from financial
17    records relating to members where the data cannot be
18    identified to any particular customer of account.
19        (4) The making of reports or returns required under
20    Chapter 61 of the Internal Revenue Code of 1954.
21        (5) Furnishing information concerning the dishonor of
22    any negotiable instrument permitted to be disclosed under
23    the Uniform Commercial Code.
24        (6) The exchange in the regular course of business of
25    (i) credit information between a credit union and other
26    credit unions or financial institutions or commercial

 

 

HB0948- 72 -LRB098 06332 KTG 36373 b

1    enterprises, directly or through a consumer reporting
2    agency or (ii) financial records or information derived
3    from financial records between a credit union and other
4    credit unions or financial institutions or commercial
5    enterprises for the purpose of conducting due diligence
6    pursuant to a merger or a purchase or sale of assets or
7    liabilities of the credit union.
8        (7) The furnishing of information to the appropriate
9    law enforcement authorities where the credit union
10    reasonably believes it has been the victim of a crime.
11        (8) The furnishing of information pursuant to the
12    Uniform Disposition of Unclaimed Property Act.
13        (9) The furnishing of information pursuant to the
14    Illinois Income Tax Act and the Illinois Estate and
15    Generation-Skipping Transfer Tax Act.
16        (10) The furnishing of information pursuant to the
17    federal "Currency and Foreign Transactions Reporting Act",
18    Title 31, United States Code, Section 1051 et sequentia.
19        (11) The furnishing of information pursuant to any
20    other statute which by its terms or by regulations
21    promulgated thereunder requires the disclosure of
22    financial records other than by subpoena, summons, warrant
23    or court order.
24        (12) The furnishing of information in accordance with
25    the federal Personal Responsibility and Work Opportunity
26    Reconciliation Act of 1996. Any credit union governed by

 

 

HB0948- 73 -LRB098 06332 KTG 36373 b

1    this Act shall enter into an agreement for data exchanges
2    with a State agency provided the State agency pays to the
3    credit union a reasonable fee not to exceed its actual cost
4    incurred. A credit union providing information in
5    accordance with this item shall not be liable to any
6    account holder or other person for any disclosure of
7    information to a State agency, for encumbering or
8    surrendering any assets held by the credit union in
9    response to a lien or order to withhold and deliver issued
10    by a State agency, or for any other action taken pursuant
11    to this item, including individual or mechanical errors,
12    provided the action does not constitute gross negligence or
13    willful misconduct. A credit union shall have no obligation
14    to hold, encumber, or surrender assets until it has been
15    served with a subpoena, summons, warrant, court or
16    administrative order, lien, or levy.
17        (13) The furnishing of information to law enforcement
18    authorities, the Illinois Department on Aging and its
19    regional administrative and provider agencies, the
20    Department of Human Services Office of Inspector General,
21    or public guardians: (i) upon subpoena by the investigatory
22    entity or the guardian, or (ii) if there is suspicion by
23    the credit union that a member who is an elderly or
24    disabled person has been or may become the victim of
25    financial exploitation. For the purposes of this item (13),
26    the term: (i) "elderly person" means a person who is 60 or

 

 

HB0948- 74 -LRB098 06332 KTG 36373 b

1    more years of age, (ii) "disabled person" means a person
2    who has or reasonably appears to the credit union to have a
3    physical or mental disability that impairs his or her
4    ability to seek or obtain protection from or prevent
5    financial exploitation, and (iii) "financial exploitation"
6    means tortious or illegal use of the assets or resources of
7    an elderly or disabled person, and includes, without
8    limitation, misappropriation of the elderly or disabled
9    person's assets or resources by undue influence, breach of
10    fiduciary relationship, intimidation, fraud, deception,
11    extortion, or the use of assets or resources in any manner
12    contrary to law. A credit union or person furnishing
13    information pursuant to this item (13) shall be entitled to
14    the same rights and protections as a person furnishing
15    information under the Adult Protective Services Act Elder
16    Abuse and Neglect Act, the Illinois Domestic Violence Act
17    of 1986, and the Abuse of Adults with Disabilities
18    Intervention Act.
19        (14) The disclosure of financial records or
20    information as necessary to effect, administer, or enforce
21    a transaction requested or authorized by the member, or in
22    connection with:
23            (A) servicing or processing a financial product or
24        service requested or authorized by the member;
25            (B) maintaining or servicing a member's account
26        with the credit union; or

 

 

HB0948- 75 -LRB098 06332 KTG 36373 b

1            (C) a proposed or actual securitization or
2        secondary market sale (including sales of servicing
3        rights) related to a transaction of a member.
4        Nothing in this item (14), however, authorizes the sale
5    of the financial records or information of a member without
6    the consent of the member.
7        (15) The disclosure of financial records or
8    information as necessary to protect against or prevent
9    actual or potential fraud, unauthorized transactions,
10    claims, or other liability.
11        (16)(a) The disclosure of financial records or
12    information related to a private label credit program
13    between a financial institution and a private label party
14    in connection with that private label credit program. Such
15    information is limited to outstanding balance, available
16    credit, payment and performance and account history,
17    product references, purchase information, and information
18    related to the identity of the customer.
19        (b)(l) For purposes of this paragraph (16) of
20    subsection (b) of Section 10, a "private label credit
21    program" means a credit program involving a financial
22    institution and a private label party that is used by a
23    customer of the financial institution and the private label
24    party primarily for payment for goods or services sold,
25    manufactured, or distributed by a private label party.
26        (2) For purposes of this paragraph (16) of subsection

 

 

HB0948- 76 -LRB098 06332 KTG 36373 b

1    (b) of Section 10, a "private label party" means, with
2    respect to a private label credit program, any of the
3    following: a retailer, a merchant, a manufacturer, a trade
4    group, or any such person's affiliate, subsidiary, member,
5    agent, or service provider.
6    (c) Except as otherwise provided by this Act, a credit
7union may not disclose to any person, except to the member or
8his duly authorized agent, any financial records relating to
9that member of the credit union unless:
10        (1) the member has authorized disclosure to the person;
11        (2) the financial records are disclosed in response to
12    a lawful subpoena, summons, warrant, citation to discover
13    assets, or court order that meets the requirements of
14    subparagraph (d) of this Section; or
15        (3) the credit union is attempting to collect an
16    obligation owed to the credit union and the credit union
17    complies with the provisions of Section 2I of the Consumer
18    Fraud and Deceptive Business Practices Act.
19    (d) A credit union shall disclose financial records under
20subparagraph (c)(2) of this Section pursuant to a lawful
21subpoena, summons, warrant, citation to discover assets, or
22court order only after the credit union mails a copy of the
23subpoena, summons, warrant, citation to discover assets, or
24court order to the person establishing the relationship with
25the credit union, if living, and otherwise his personal
26representative, if known, at his last known address by first

 

 

HB0948- 77 -LRB098 06332 KTG 36373 b

1class mail, postage prepaid unless the credit union is
2specifically prohibited from notifying the person by order of
3court or by applicable State or federal law. In the case of a
4grand jury subpoena, a credit union shall not mail a copy of a
5subpoena to any person pursuant to this subsection if the
6subpoena was issued by a grand jury under the Statewide Grand
7Jury Act or notifying the person would constitute a violation
8of the federal Right to Financial Privacy Act of 1978.
9    (e)(1) Any officer or employee of a credit union who
10knowingly and wilfully furnishes financial records in
11violation of this Section is guilty of a business offense and
12upon conviction thereof shall be fined not more than $1,000.
13    (2) Any person who knowingly and wilfully induces or
14attempts to induce any officer or employee of a credit union to
15disclose financial records in violation of this Section is
16guilty of a business offense and upon conviction thereof shall
17be fined not more than $1,000.
18    (f) A credit union shall be reimbursed for costs which are
19reasonably necessary and which have been directly incurred in
20searching for, reproducing or transporting books, papers,
21records or other data of a member required or requested to be
22produced pursuant to a lawful subpoena, summons, warrant,
23citation to discover assets, or court order. The Secretary and
24the Director may determine, by rule, the rates and conditions
25under which payment shall be made. Delivery of requested
26documents may be delayed until final reimbursement of all costs

 

 

HB0948- 78 -LRB098 06332 KTG 36373 b

1is received.
2(Source: P.A. 97-133, eff. 1-1-12.)
 
3    Section 17. The Home Health, Home Services, and Home
4Nursing Agency Licensing Act is amended by changing Sections
56.3 and 6.7 as follows:
 
6    (210 ILCS 55/6.3)
7    Sec. 6.3. Home services agencies; standards; fees.
8    (a) Before January 1, 2008, the Department shall adopt
9standards for the licensure and operation of home services
10agencies operated in this State. The structure of the standards
11shall be based on the concept of home services and its focus on
12assistance with activities of daily living, housekeeping,
13personal laundry, and companionship being provided to an
14individual intended to enable that individual to remain safely
15and comfortably in his or her own personal residence. As home
16services do not include services that would be required to be
17performed by an individual licensed under the Nurse Practice
18Act, the standards shall be developed from a similar concept.
19After consideration and recommendations by the Home Health and
20Home Services Advisory Committee, the Department shall adopt
21such rules and regulations as are necessary for the proper
22regulation of home services agencies. Requirements for
23licensure as a home services agency shall include the
24following:

 

 

HB0948- 79 -LRB098 06332 KTG 36373 b

1        (1) Compliance with the requirements of the Health Care
2    Worker Background Check Act.
3        (2) Notification, in a form and manner established by
4    the Department by rule, to home services workers and
5    consumers as to the party or parties responsible under
6    State and federal laws for payment of employment taxes,
7    social security taxes, and workers' compensation,
8    liability, the day-to-day supervision of workers, and the
9    hiring, firing, and discipline of workers with the
10    placement arrangement for home services.
11        (3) Compliance with rules, as adopted by the
12    Department, in regard to (i) reporting by the licensee of
13    any known or suspected incidences of abuse, neglect, or
14    financial exploitation of an eligible adult, as defined in
15    the Adult Protective Services Act Elder Abuse and Neglect
16    Act, by a home services worker employed by or placed by the
17    licensee or (ii) reports to a law enforcement agency in
18    connection with any other individual protected under the
19    laws of the State of Illinois.
20        (4) Compliance with rules, as adopted by the
21    Department, addressing the health, safety, and well-being
22    of clients receiving home services.
23    (b) The Department may establish fees for home services
24agency licensure in rules in a manner that will make the
25program self-supporting. The amount of the licensure fees shall
26be based on the funding required for operation of the licensure

 

 

HB0948- 80 -LRB098 06332 KTG 36373 b

1program. Notwithstanding any other provision of this Section,
2the Department may not charge any fee to a certified local
3health department in connection with the licensure of a home
4services agency.
5(Source: P.A. 95-639, eff. 10-5-07; 96-577, eff. 8-18-09.)
 
6    (210 ILCS 55/6.7)
7    Sec. 6.7. Home nursing agencies; standards; fees.
8    (a) Before January 1, 2008, the Department shall adopt
9standards for the licensure and operation of home nursing
10agencies operated in this State. After consideration and
11recommendations by the Home Health and Home Services Advisory
12Committee, the Department shall adopt such rules as are
13necessary for the proper regulation of home nursing agencies.
14Requirements for licensure as a home nursing agency shall
15include the following:
16        (1) Compliance with the requirements of the Health Care
17    Worker Background Check Act.
18        (2) Notification, in a form and manner established by
19    the Department by rule, to home nursing agency workers and
20    consumers as to the party or parties responsible under
21    State and federal laws for payment of employment taxes,
22    social security taxes, and workers' compensation,
23    liability, the day-to-day supervision of workers, and the
24    hiring, firing, and discipline of workers with the
25    placement arrangement for home nursing services.

 

 

HB0948- 81 -LRB098 06332 KTG 36373 b

1        (3) Compliance with rules, as adopted by the
2    Department, in regard to (i) reporting by the licensee of
3    any known or suspected incidences of abuse, neglect, or
4    financial exploitation of an eligible adult, as defined in
5    the Adult Protective Services Act Elder Abuse and Neglect
6    Act, by a home nursing care worker employed by or placed by
7    the licensee or (ii) reports to a law enforcement agency in
8    connection with any other individual protected under the
9    laws of the State of Illinois.
10        (4) Compliance with rules, as adopted by the
11    Department, addressing the health, safety, and well-being
12    of clients receiving home nursing services.
13    (b) The Department may establish fees for home nursing
14agency licensure in rules in a manner that will make the
15program self-supporting. The amount of the licensure fees shall
16be based on the funding required for the operation of the
17licensure program. Notwithstanding any other provision of this
18Section, the Department may not charge any fee to a certified
19local health department in connection with the licensure of a
20home nursing agency.
21(Source: P.A. 96-577, eff. 8-18-09.)
 
22    Section 18. The Clinical Social Work and Social Work
23Practice Act is amended by changing Section 16 as follows:
 
24    (225 ILCS 20/16)  (from Ch. 111, par. 6366)

 

 

HB0948- 82 -LRB098 06332 KTG 36373 b

1    (Section scheduled to be repealed on January 1, 2018)
2    Sec. 16. Privileged Communications and Exceptions.
3    1. No licensed clinical social worker or licensed social
4worker shall disclose any information acquired from persons
5consulting the social worker in a professional capacity, except
6that which may be voluntarily disclosed under the following
7circumstances:
8        (a) In the course of formally reporting, conferring or
9    consulting with administrative superiors, colleagues or
10    consultants who share professional responsibility,
11    including a professional responsibility to maintain
12    confidentiality, in which instance all recipients of such
13    information are similarly bound to regard the
14    communication as privileged;
15        (b) With the written consent of the person who provided
16    the information;
17        (c) In case of death or disability, with the written
18    consent of a personal representative, other person
19    authorized to sue, or the beneficiary of an insurance
20    policy on the person's life, health or physical condition;
21        (d) When a communication reveals the intended
22    commission of a crime or harmful act and such disclosure is
23    judged necessary by the licensed clinical social worker or
24    licensed social worker to protect any person from a clear,
25    imminent risk of serious mental or physical harm or injury,
26    or to forestall a serious threat to the public safety;

 

 

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1        (e) When the person waives the privilege by bringing
2    any public charges against the licensee; or
3        (f) When the information is acquired during the course
4    of investigating a report or working on a case of elder
5    abuse, neglect, or financial exploitation by a designated
6    Elder Abuse Provider Agency and disclosure of the
7    information is in accordance with the provisions of Section
8    8 of the Adult Protective Services Act Elder Abuse and
9    Neglect Act.
10    2. When the person is a minor under the laws of the State
11of Illinois and the information acquired by the licensed
12clinical social worker or licensed social worker indicates the
13minor was the victim or subject of a crime, the licensed
14clinical social worker or licensed social worker may be
15required to testify in any judicial proceedings in which the
16commission of that crime is the subject of inquiry and when,
17after in camera review of the information that the licensed
18clinical social worker or licensed social worker acquired, the
19court determines that the interests of the minor in having the
20information held privileged are outweighed by the requirements
21of justice, the need to protect the public safety or the need
22to protect the minor, except as provided under the Abused and
23Neglected Child Reporting Act.
24    3. Any person having access to records or any one who
25participates in providing social work services or who, in
26providing any human services, is supervised by a licensed

 

 

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1clinical social worker or licensed social worker, is similarly
2bound to regard all information and communications as
3privileged in accord with this Section.
4    4. Nothing shall be construed to prohibit a licensed
5clinical social worker or licensed social worker from
6voluntarily testifying in court hearings concerning matters of
7adoption, child abuse, child neglect or other matters
8pertaining to children, except as provided under the Abused and
9Neglected Child Reporting Act.
10    5. The Mental Health and Developmental Disabilities
11Confidentiality Act, as now or hereafter amended, is
12incorporated herein as if all of its provisions were included
13in this Act.
14(Source: P.A. 96-71, eff. 7-23-09.)
 
15    Section 19. The Respiratory Care Practice Act is amended by
16changing Section 95 as follows:
 
17    (225 ILCS 106/95)
18    (Section scheduled to be repealed on January 1, 2016)
19    Sec. 95. Grounds for discipline.
20    (a) The Department may refuse to issue, renew, or may
21revoke, suspend, place on probation, reprimand, or take other
22disciplinary action as the Department considers appropriate,
23including the issuance of fines not to exceed $5,000 for each
24violation, with regard to any license for any one or more of

 

 

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1the following:
2        (1) Material misstatement in furnishing information to
3    the Department or to any other State or federal agency.
4        (2) Violations of this Act, or any of its rules.
5        (3) Conviction of any crime under the laws of the
6    United States or any state or territory thereof that is a
7    felony or a misdemeanor, an essential element of which is
8    dishonesty, or of any crime that is directly related to the
9    practice of the profession.
10        (4) Making any misrepresentation for the purpose of
11    obtaining a license.
12        (5) Professional incompetence or negligence in the
13    rendering of respiratory care services.
14        (6) Malpractice.
15        (7) Aiding or assisting another person in violating any
16    rules or provisions of this Act.
17        (8) Failing to provide information within 60 days in
18    response to a written request made by the Department.
19        (9) Engaging in dishonorable, unethical, or
20    unprofessional conduct of a character likely to deceive,
21    defraud, or harm the public.
22        (10) Violating the rules of professional conduct
23    adopted by the Department.
24        (11) Discipline by another jurisdiction, if at least
25    one of the grounds for the discipline is the same or
26    substantially equivalent to those set forth in this Act.

 

 

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1        (12) Directly or indirectly giving to or receiving from
2    any person, firm, corporation, partnership, or association
3    any fee, commission, rebate, or other form of compensation
4    for any professional services not actually rendered.
5    Nothing in this paragraph (12) affects any bona fide
6    independent contractor or employment arrangements among
7    health care professionals, health facilities, health care
8    providers, or other entities, except as otherwise
9    prohibited by law. Any employment arrangements may include
10    provisions for compensation, health insurance, pension, or
11    other employment benefits for the provision of services
12    within the scope of the licensee's practice under this Act.
13    Nothing in this paragraph (12) shall be construed to
14    require an employment arrangement to receive professional
15    fees for services rendered.
16        (13) A finding by the Department that the licensee,
17    after having the license placed on probationary status, has
18    violated the terms of the probation.
19        (14) Abandonment of a patient.
20        (15) Willfully filing false reports relating to a
21    licensee's practice including, but not limited to, false
22    records filed with a federal or State agency or department.
23        (16) Willfully failing to report an instance of
24    suspected child abuse or neglect as required by the Abused
25    and Neglected Child Reporting Act.
26        (17) Providing respiratory care, other than pursuant

 

 

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1    to an order.
2        (18) Physical or mental disability including, but not
3    limited to, deterioration through the aging process or loss
4    of motor skills that results in the inability to practice
5    the profession with reasonable judgment, skill, or safety.
6        (19) Solicitation of professional services by using
7    false or misleading advertising.
8        (20) Failure to file a tax return, or to pay the tax,
9    penalty, or interest shown in a filed return, or to pay any
10    final assessment of tax penalty, or interest, as required
11    by any tax Act administered by the Illinois Department of
12    Revenue or any successor agency or the Internal Revenue
13    Service or any successor agency.
14        (21) Irregularities in billing a third party for
15    services rendered or in reporting charges for services not
16    rendered.
17        (22) Being named as a perpetrator in an indicated
18    report by the Department of Children and Family Services
19    under the Abused and Neglected Child Reporting Act, and
20    upon proof by clear and convincing evidence that the
21    licensee has caused a child to be an abused child or
22    neglected child as defined in the Abused and Neglected
23    Child Reporting Act.
24        (23) Habitual or excessive use or addiction to alcohol,
25    narcotics, stimulants, or any other chemical agent or drug
26    that results in an inability to practice with reasonable

 

 

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1    skill, judgment, or safety.
2        (24) Being named as a perpetrator in an indicated
3    report by the Department on Aging under the Adult
4    Protective Services Act Elder Abuse and Neglect Act, and
5    upon proof by clear and convincing evidence that the
6    licensee has caused an elderly person to be abused or
7    neglected as defined in the Elder Abuse and Neglect Act.
8        (25) Willfully failing to report an instance of
9    suspected elder abuse or neglect as required by the Adult
10    Protective Services Act Elder Abuse and Neglect Act.
11    (b) The determination by a court that a licensee is subject
12to involuntary admission or judicial admission as provided in
13the Mental Health and Developmental Disabilities Code will
14result in an automatic suspension of his or her license. The
15suspension will end upon a finding by a court that the licensee
16is no longer subject to involuntary admission or judicial
17admission, the issuance of an order so finding and discharging
18the patient, and the recommendation of the Board to the
19Director that the licensee be allowed to resume his or her
20practice.
21(Source: P.A. 96-1482, eff. 11-29-10.)
 
22    Section 20. The Professional Counselor and Clinical
23Professional Counselor Licensing and Practice Act is amended by
24changing Sections 75 and 80 as follows:
 

 

 

HB0948- 89 -LRB098 06332 KTG 36373 b

1    (225 ILCS 107/75)
2    (Section scheduled to be repealed on January 1, 2023)
3    Sec. 75. Privileged communications and exceptions.
4    (a) No licensed professional counselor or licensed
5clinical professional counselor shall disclose any information
6acquired from persons consulting the counselor in a
7professional capacity, except that which may be voluntarily
8disclosed under the following circumstances:
9        (1) In the course of formally reporting, conferring, or
10    consulting with administrative superiors, colleagues, or
11    consultants who share professional responsibility, in
12    which instance all recipients of the information are
13    similarly bound to regard the communication as privileged;
14        (2) With the written consent of the person who provided
15    the information;
16        (3) In the case of death or disability, with the
17    written consent of a personal representative, other person
18    authorized to sue, or the beneficiary of an insurance
19    policy on the person's life, health or physical condition;
20        (4) When a communication reveals the intended
21    commission of a crime or harmful act and such disclosure is
22    judged necessary by the licensed professional counselor or
23    licensed clinical professional counselor to protect any
24    person from a clear, imminent risk of serious mental or
25    physical harm or injury, or to forestall a serious threat
26    to the public safety; or

 

 

HB0948- 90 -LRB098 06332 KTG 36373 b

1        (5) When the person waives the privilege by bringing
2    any public charges against the licensee.
3    (b) When the person is a minor under the laws of the State
4of Illinois and the information acquired by the licensed
5professional counselor or licensed clinical professional
6counselor indicates the minor was the victim or subject of a
7crime, the licensed professional counselor or licensed
8clinical professional counselor may be required to testify in
9any judicial proceedings in which the commission of that crime
10is the subject of inquiry when, after in camera review of the
11information that the licensed professional counselor or
12licensed clinical professional counselor acquired, the court
13determines that the interests of the minor in having the
14information held privileged are outweighed by the requirements
15of justice, the need to protect the public safety or the need
16to protect the minor, except as provided under the Abused and
17Neglected Child Reporting Act.
18    (c) Any person having access to records or anyone who
19participates in providing professional counseling or clinical
20professional counseling services, or, in providing any human
21services, is supervised by a licensed professional counselor or
22licensed clinical professional counselor, is similarly bound
23to regard all information and communications as privileged in
24accord with this Section.
25    (d) Nothing in this Act shall be construed to prohibit a
26licensed professional counselor or licensed clinical

 

 

HB0948- 91 -LRB098 06332 KTG 36373 b

1professional counselor from voluntarily testifying in court
2hearings concerning matters of adoption, child abuse, child
3neglect or other matters pertaining to children, except as
4provided under the Abused and Neglected Child Reporting Act and
5matters pertaining to elders as set forth in the Adult
6Protective Services Act Elder Abuse and Neglect Act.
7    (e) The Mental Health and Developmental Disabilities
8Confidentiality Act is incorporated herein as if all of its
9provisions were included in this Act. In the event of a
10conflict between the application of this Section and the Mental
11Health and Developmental Disabilities Confidentiality Act to a
12specific situation, the provisions of the Mental Health and
13Developmental Disabilities Confidentiality Act shall control.
14    (f) Licensed professional counselors and licensed clinical
15professional counselors when performing professional
16counseling services or clinical professional counseling
17services shall comply with counselor licensure rules and laws
18contained in this Section and Section 80 of this Act regardless
19of their employment or work setting.
20(Source: P.A. 97-706, eff. 6-25-12.)
 
21    (225 ILCS 107/80)
22    (Section scheduled to be repealed on January 1, 2023)
23    Sec. 80. Grounds for discipline.
24    (a) The Department may refuse to issue, renew, or may
25revoke, suspend, place on probation, reprimand, or take other

 

 

HB0948- 92 -LRB098 06332 KTG 36373 b

1disciplinary or non-disciplinary action as the Department
2deems appropriate, including the issuance of fines not to
3exceed $10,000 for each violation, with regard to any license
4for any one or more of the following:
5        (1) Material misstatement in furnishing information to
6    the Department or to any other State agency.
7        (2) Violations or negligent or intentional disregard
8    of this Act or rules adopted under this Act.
9        (3) Conviction by plea of guilty or nolo contendere,
10    finding of guilt, jury verdict, or entry of judgment or by
11    sentencing of any crime, including, but not limited to,
12    convictions, preceding sentences of supervision,
13    conditional discharge, or first offender probation, under
14    the laws of any jurisdiction of the United States: (i) that
15    is a felony or (ii) that is a misdemeanor, an essential
16    element of which is dishonesty, or that is directly related
17    to the practice of the profession.
18        (4) Fraud or any misrepresentation in applying for or
19    procuring a license under this Act or in connection with
20    applying for renewal of a license under this Act.
21        (5) Professional incompetence or gross negligence in
22    the rendering of professional counseling or clinical
23    professional counseling services.
24        (6) Malpractice.
25        (7) Aiding or assisting another person in violating any
26    provision of this Act or any rules.

 

 

HB0948- 93 -LRB098 06332 KTG 36373 b

1        (8) Failing to provide information within 60 days in
2    response to a written request made by the Department.
3        (9) Engaging in dishonorable, unethical, or
4    unprofessional conduct of a character likely to deceive,
5    defraud, or harm the public and violating the rules of
6    professional conduct adopted by the Department.
7        (10) Habitual or excessive use or abuse of drugs as
8    defined in law as controlled substances, alcohol, or any
9    other substance which results in inability to practice with
10    reasonable skill, judgment, or safety.
11        (11) Discipline by another jurisdiction, the District
12    of Columbia, territory, county, or governmental agency, if
13    at least one of the grounds for the discipline is the same
14    or substantially equivalent to those set forth in this
15    Section.
16        (12) Directly or indirectly giving to or receiving from
17    any person, firm, corporation, partnership, or association
18    any fee, commission, rebate or other form of compensation
19    for any professional service not actually rendered.
20    Nothing in this paragraph (12) affects any bona fide
21    independent contractor or employment arrangements among
22    health care professionals, health facilities, health care
23    providers, or other entities, except as otherwise
24    prohibited by law. Any employment arrangements may include
25    provisions for compensation, health insurance, pension, or
26    other employment benefits for the provision of services

 

 

HB0948- 94 -LRB098 06332 KTG 36373 b

1    within the scope of the licensee's practice under this Act.
2    Nothing in this paragraph (12) shall be construed to
3    require an employment arrangement to receive professional
4    fees for services rendered.
5        (13) A finding by the Board that the licensee, after
6    having the license placed on probationary status, has
7    violated the terms of probation.
8        (14) Abandonment of a client.
9        (15) Willfully filing false reports relating to a
10    licensee's practice, including but not limited to false
11    records filed with federal or State agencies or
12    departments.
13        (16) Willfully failing to report an instance of
14    suspected child abuse or neglect as required by the Abused
15    and Neglected Child Reporting Act and in matters pertaining
16    to elders or suspected elder abuse as set forth in the
17    Adult Protective Services Act Elder Abuse and Neglect Act.
18        (17) Being named as a perpetrator in an indicated
19    report by the Department of Children and Family Services
20    pursuant to the Abused and Neglected Child Reporting Act,
21    and upon proof by clear and convincing evidence that the
22    licensee has caused a child to be an abused child or
23    neglected child as defined in the Abused and Neglected
24    Child Reporting Act.
25        (18) Physical or mental illness or disability,
26    including, but not limited to, deterioration through the

 

 

HB0948- 95 -LRB098 06332 KTG 36373 b

1    aging process or loss of abilities and skills which results
2    in the inability to practice the profession with reasonable
3    judgment, skill, or safety.
4        (19) Solicitation of professional services by using
5    false or misleading advertising.
6        (20) Allowing one's license under this Act to be used
7    by an unlicensed person in violation of this Act.
8        (21) A finding that licensure has been applied for or
9    obtained by fraudulent means.
10        (22) Practicing under a false or, except as provided by
11    law, an assumed name.
12        (23) Gross and willful overcharging for professional
13    services including filing statements for collection of
14    fees or monies for which services are not rendered.
15        (24) Rendering professional counseling or clinical
16    professional counseling services without a license or
17    practicing outside the scope of a license.
18        (25) Clinical supervisors failing to adequately and
19    responsibly monitor supervisees.
20    All fines imposed under this Section shall be paid within
2160 days after the effective date of the order imposing the
22fine.
23    (b) The Department shall deny, without hearing, any
24application or renewal for a license under this Act to any
25person who has defaulted on an educational loan guaranteed by
26the Illinois State Assistance Commission or any governmental

 

 

HB0948- 96 -LRB098 06332 KTG 36373 b

1agency of this State in accordance with item (5) of subsection
2(a) of Section 2105-15 of the Department of Professional
3Regulation Law of the Civil Administrative Code of Illinois.
4    (b-5) The Department may refuse to issue or may suspend
5without hearing, as provided for in the Code of Civil
6Procedure, the license of any person who fails to file a
7return, pay the tax, penalty, or interest shown in a filed
8return, or pay any final assessment of the tax, penalty, or
9interest as required by any tax Act administered by the
10Illinois Department of Revenue, until such time as the
11requirements of any such tax Act are satisfied in accordance
12with subsection (g) of Section 2105-15 of the Department of
13Professional Regulation Law of the Civil Administrative Code of
14Illinois.
15    (b-10) In cases where the Department of Healthcare and
16Family Services has previously determined a licensee or a
17potential licensee is more than 30 days delinquent in the
18payment of child support and has subsequently certified the
19delinquency to the Department, the Department may refuse to
20issue or renew or may revoke or suspend that person's license
21or may take other disciplinary action against that person based
22solely upon the certification of delinquency made by the
23Department of Healthcare and Family Services in accordance with
24item (5) of subsection (a) of Section 2105-15 of the Department
25of Professional Regulation Law of the Civil Administrative Code
26of Illinois.

 

 

HB0948- 97 -LRB098 06332 KTG 36373 b

1    (c) The determination by a court that a licensee is subject
2to involuntary admission or judicial admission as provided in
3the Mental Health and Developmental Disabilities Code will
4result in an automatic suspension of his or her license. The
5suspension will end upon a finding by a court that the licensee
6is no longer subject to involuntary admission or judicial
7admission, the issuance of an order so finding and discharging
8the patient, and the recommendation of the Board to the
9Secretary that the licensee be allowed to resume professional
10practice.
11    (c-5) In enforcing this Act, the Department, upon a showing
12of a possible violation, may compel an individual licensed to
13practice under this Act, or who has applied for licensure under
14this Act, to submit to a mental or physical examination, or
15both, as required by and at the expense of the Department. The
16Department may order the examining physician to present
17testimony concerning the mental or physical examination of the
18licensee or applicant. No information shall be excluded by
19reason of any common law or statutory privilege relating to
20communications between the licensee or applicant and the
21examining physician. The examining physicians shall be
22specifically designated by the Department. The individual to be
23examined may have, at his or her own expense, another physician
24of his or her choice present during all aspects of this
25examination. The examination shall be performed by a physician
26licensed to practice medicine in all its branches. Failure of

 

 

HB0948- 98 -LRB098 06332 KTG 36373 b

1an individual to submit to a mental or physical examination,
2when directed, shall result in an automatic suspension without
3hearing.
4    A person holding a license under this Act or who has
5applied for a license under this Act who, because of a physical
6or mental illness or disability, including, but not limited to,
7deterioration through the aging process or loss of motor skill,
8is unable to practice the profession with reasonable judgment,
9skill, or safety, may be required by the Department to submit
10to care, counseling, or treatment by physicians approved or
11designated by the Department as a condition, term, or
12restriction for continued, reinstated, or renewed licensure to
13practice. Submission to care, counseling, or treatment as
14required by the Department shall not be considered discipline
15of a license. If the licensee refuses to enter into a care,
16counseling, or treatment agreement or fails to abide by the
17terms of the agreement, the Department may file a complaint to
18revoke, suspend, or otherwise discipline the license of the
19individual. The Secretary may order the license suspended
20immediately, pending a hearing by the Department. Fines shall
21not be assessed in disciplinary actions involving physical or
22mental illness or impairment.
23    In instances in which the Secretary immediately suspends a
24person's license under this Section, a hearing on that person's
25license must be convened by the Department within 15 days after
26the suspension and completed without appreciable delay. The

 

 

HB0948- 99 -LRB098 06332 KTG 36373 b

1Department shall have the authority to review the subject
2individual's record of treatment and counseling regarding the
3impairment to the extent permitted by applicable federal
4statutes and regulations safeguarding the confidentiality of
5medical records.
6    An individual licensed under this Act and affected under
7this Section shall be afforded an opportunity to demonstrate to
8the Department that he or she can resume practice in compliance
9with acceptable and prevailing standards under the provisions
10of his or her license.
11    (d) (Blank).
12(Source: P.A. 96-1482, eff. 11-29-10; 97-706, eff. 6-25-12.)
 
13    Section 21. The Elder Abuse and Neglect Act is amended by
14changing the title of the Act and by changing Sections 1, 2, 3,
153.5, 4, 4.1, 5, 8, 9, and 15 and by adding Section 7.5 as
16follows:
 
17    (320 ILCS 20/Act title)
18An Act in relation to adult protective services the abuse
19and neglect of elderly persons.
 
20    (320 ILCS 20/1)  (from Ch. 23, par. 6601)
21    Sec. 1. Short title. This Act shall be known and may be
22cited as the Adult Protective Services Act "Elder Abuse and
23Neglect Act".

 

 

HB0948- 100 -LRB098 06332 KTG 36373 b

1(Source: P.A. 85-1184.)
 
2    (320 ILCS 20/2)  (from Ch. 23, par. 6602)
3    Sec. 2. Definitions. As used in this Act, unless the
4context requires otherwise:
5    (a) "Abuse" means causing any physical, mental or sexual
6injury to an eligible adult, including exploitation of such
7adult's financial resources.
8    Nothing in this Act shall be construed to mean that an
9eligible adult is a victim of abuse, neglect, or self-neglect
10for the sole reason that he or she is being furnished with or
11relies upon treatment by spiritual means through prayer alone,
12in accordance with the tenets and practices of a recognized
13church or religious denomination.
14    Nothing in this Act shall be construed to mean that an
15eligible adult is a victim of abuse because of health care
16services provided or not provided by licensed health care
17professionals.
18    (a-5) "Abuser" means a person who abuses, neglects, or
19financially exploits an eligible adult.
20    (a-6) "Adult with disabilities" means a person aged 18
21through 59 who resides in a domestic living situation and whose
22disability impairs his or her ability to seek or obtain
23protection from abuse, neglect, or exploitation.
24    (a-7) "Caregiver" means a person who either as a result of
25a family relationship, voluntarily, or in exchange for

 

 

HB0948- 101 -LRB098 06332 KTG 36373 b

1compensation has assumed responsibility for all or a portion of
2the care of an eligible adult who needs assistance with
3activities of daily living.
4    (b) "Department" means the Department on Aging of the State
5of Illinois.
6    (c) "Director" means the Director of the Department.
7    (c-5) "Disability" means a physical or mental disability,
8including, but not limited to, a developmental disability, an
9intellectual disability, or a mental illness as defined under
10the Mental Health and Developmental Disabilities Code.
11    (d) "Domestic living situation" means a residence where the
12eligible adult at the time of the report lives alone or with
13his or her family or a caregiver, or others, or a board and
14care home or other community-based unlicensed facility, but is
15not:
16        (1) A licensed facility as defined in Section 1-113 of
17    the Nursing Home Care Act, Section 1-113 of the ID/DD
18    Community Care Act, or Section 1-113 of the Specialized
19    Mental Health Rehabilitation Act;
20        (1.5) A facility licensed under the ID/DD Community
21    Care Act;
22        (1.7) A facility licensed under the Specialized Mental
23    Health Rehabilitation Act;
24        (2) A "life care facility" as defined in the Life Care
25    Facilities Act;
26        (3) A home, institution, or other place operated by the

 

 

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1    federal government or agency thereof or by the State of
2    Illinois;
3        (4) A hospital, sanitarium, or other institution, the
4    principal activity or business of which is the diagnosis,
5    care, and treatment of human illness through the
6    maintenance and operation of organized facilities
7    therefor, which is required to be licensed under the
8    Hospital Licensing Act;
9        (5) A "community living facility" as defined in the
10    Community Living Facilities Licensing Act;
11        (6) (Blank);
12        (7) A "community-integrated living arrangement" as
13    defined in the Community-Integrated Living Arrangements
14    Licensure and Certification Act or a "community
15    residential alternative" as licensed under that Act;
16        (8) An assisted living or shared housing establishment
17    as defined in the Assisted Living and Shared Housing Act;
18    or
19        (9) A supportive living facility as described in
20    Section 5-5.01a of the Illinois Public Aid Code.
21    (e) "Eligible adult" means either an adult with
22disabilities age 18 through 59 or a person aged 60 years of age
23or older who resides in a domestic living situation and is, or
24is alleged to be, abused, neglected, or financially exploited
25by another individual or who neglects himself or herself.
26    (f) "Emergency" means a situation in which an eligible

 

 

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1adult is living in conditions presenting a risk of death or
2physical, mental or sexual injury and the provider agency has
3reason to believe the eligible adult is unable to consent to
4services which would alleviate that risk.
5    (f-5) "Mandated reporter" means any of the following
6persons while engaged in carrying out their professional
7duties:
8        (1) a professional or professional's delegate while
9    engaged in: (i) social services, (ii) law enforcement,
10    (iii) education, (iv) the care of an eligible adult or
11    eligible adults, or (v) any of the occupations required to
12    be licensed under the Clinical Psychologist Licensing Act,
13    the Clinical Social Work and Social Work Practice Act, the
14    Illinois Dental Practice Act, the Dietitian Nutritionist
15    Practice Act, the Marriage and Family Therapy Licensing
16    Act, the Medical Practice Act of 1987, the Naprapathic
17    Practice Act, the Nurse Practice Act, the Nursing Home
18    Administrators Licensing and Disciplinary Act, the
19    Illinois Occupational Therapy Practice Act, the Illinois
20    Optometric Practice Act of 1987, the Pharmacy Practice Act,
21    the Illinois Physical Therapy Act, the Physician Assistant
22    Practice Act of 1987, the Podiatric Medical Practice Act of
23    1987, the Respiratory Care Practice Act, the Professional
24    Counselor and Clinical Professional Counselor Licensing
25    and Practice Act, the Illinois Speech-Language Pathology
26    and Audiology Practice Act, the Veterinary Medicine and

 

 

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1    Surgery Practice Act of 2004, and the Illinois Public
2    Accounting Act;
3        (2) an employee of a vocational rehabilitation
4    facility prescribed or supervised by the Department of
5    Human Services;
6        (3) an administrator, employee, or person providing
7    services in or through an unlicensed community based
8    facility;
9        (4) any religious practitioner who provides treatment
10    by prayer or spiritual means alone in accordance with the
11    tenets and practices of a recognized church or religious
12    denomination, except as to information received in any
13    confession or sacred communication enjoined by the
14    discipline of the religious denomination to be held
15    confidential;
16        (5) field personnel of the Department of Healthcare and
17    Family Services, Department of Public Health, and
18    Department of Human Services, and any county or municipal
19    health department;
20        (6) personnel of the Department of Human Services, the
21    Guardianship and Advocacy Commission, the State Fire
22    Marshal, local fire departments, the Department on Aging
23    and its subsidiary Area Agencies on Aging and provider
24    agencies, and the Office of State Long Term Care Ombudsman;
25        (7) any employee of the State of Illinois not otherwise
26    specified herein who is involved in providing services to

 

 

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1    eligible adults, including professionals providing medical
2    or rehabilitation services and all other persons having
3    direct contact with eligible adults;
4        (8) a person who performs the duties of a coroner or
5    medical examiner; or
6        (9) a person who performs the duties of a paramedic or
7    an emergency medical technician.
8    (g) "Neglect" means another individual's failure to
9provide an eligible adult with or willful withholding from an
10eligible adult the necessities of life including, but not
11limited to, food, clothing, shelter or health care. This
12subsection does not create any new affirmative duty to provide
13support to eligible adults. Nothing in this Act shall be
14construed to mean that an eligible adult is a victim of neglect
15because of health care services provided or not provided by
16licensed health care professionals.
17    (h) "Provider agency" means any public or nonprofit agency
18in a planning and service area appointed by the regional
19administrative agency with prior approval by the Department on
20Aging to receive and assess reports of alleged or suspected
21abuse, neglect, or financial exploitation.
22    (i) "Regional administrative agency" means any public or
23nonprofit agency in a planning and service area so designated
24by the Department, provided that the designated Area Agency on
25Aging shall be designated the regional administrative agency if
26it so requests. The Department shall assume the functions of

 

 

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1the regional administrative agency for any planning and service
2area where another agency is not so designated.
3    (i-5) "Self-neglect" means a condition that is the result
4of an eligible adult's inability, due to physical or mental
5impairments, or both, or a diminished capacity, to perform
6essential self-care tasks that substantially threaten his or
7her own health, including: providing essential food, clothing,
8shelter, and health care; and obtaining goods and services
9necessary to maintain physical health, mental health,
10emotional well-being, and general safety. The term includes
11compulsive hoarding, which is characterized by the acquisition
12and retention of large quantities of items and materials that
13produce an extensively cluttered living space, which
14significantly impairs the performance of essential self-care
15tasks or otherwise substantially threatens life or safety.
16    (j) "Substantiated case" means a reported case of alleged
17or suspected abuse, neglect, financial exploitation, or
18self-neglect in which a provider agency, after assessment,
19determines that there is reason to believe abuse, neglect, or
20financial exploitation has occurred.
21(Source: P.A. 96-339, eff. 7-1-10; 96-526, eff. 1-1-10; 96-572,
22eff. 1-1-10; 96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227,
23eff. 1-1-12; 97-300, eff. 8-11-11; 97-706, eff. 6-25-12;
2497-813, eff. 7-13-12; 97-1141, eff. 12-28-12.)
 
25    (320 ILCS 20/3)  (from Ch. 23, par. 6603)

 

 

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1    Sec. 3. Responsibilities.
2    (a) The Department shall establish, design, and manage a
3protective services program of response and services for
4eligible adults persons 60 years of age and older who have
5been, or are alleged to be, victims of abuse, neglect,
6financial exploitation, or self-neglect. The Department shall
7contract with or fund or, contract with and fund, regional
8administrative agencies, provider agencies, or both, for the
9provision of protective services those functions, and,
10contingent on adequate funding, with attorneys or legal
11services provider agencies for the provision of legal
12assistance pursuant to this Act. The program shall include the
13following services for eligible adults who have been removed
14from their residences for the purpose of cleanup or repairs:
15temporary housing; counseling; and caseworker services to try
16to ensure that the conditions necessitating the removal do not
17reoccur.
18    (a-1) Within 6 months after the effective date of this
19amendatory Act of the 98th General Assembly, the Department
20shall establish a centralized Adult Protective Services
21Helpline for the purposes of reporting the abuse, neglect, or
22financial exploitation of an eligible adult. The helpline shall
23perform intake and determine appropriate referrals, as
24necessary. The Department shall make the helpline accessible 24
25hours a day, 7 days a week and shall post its telephone number
26online.

 

 

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1    (b) Each regional administrative agency shall designate
2provider agencies within its planning and service area with
3prior approval by the Department on Aging, monitor the use of
4services, provide technical assistance to the provider
5agencies and be involved in program development activities.
6    (c) Provider agencies shall assist, to the extent possible,
7eligible adults who need agency services to allow them to
8continue to function independently. Such assistance shall
9include but not be limited to receiving reports of alleged or
10suspected abuse, neglect, financial exploitation, or
11self-neglect, conducting face-to-face assessments of such
12reported cases, determination of substantiated cases, referral
13of substantiated cases for necessary support services,
14referral of criminal conduct to law enforcement in accordance
15with Department guidelines, and provision of case work and
16follow-up services on substantiated cases. In the case of a
17report of alleged or suspected abuse or neglect that places an
18eligible adult at risk of injury or death, a provider agency
19shall respond to the report on an emergency basis in accordance
20with guidelines established by the Department by
21administrative rule and shall ensure that it is capable of
22responding to such a report 24 hours per day, 7 days per week.
23A provider agency may use an on-call system to respond to
24reports of alleged or suspected abuse or neglect after hours
25and on weekends.
26    (d) Upon sufficient appropriations to implement a

 

 

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1statewide program, the Department shall implement a program,
2based on the recommendations of the Elder Self-Neglect Steering
3Committee, for (i) responding to reports of possible
4self-neglect, (ii) protecting the autonomy, rights, privacy,
5and privileges of adults during investigations of possible
6self-neglect and consequential judicial proceedings regarding
7competency, (iii) collecting and sharing relevant information
8and data among the Department, provider agencies, regional
9administrative agencies, and relevant seniors, (iv) developing
10working agreements between provider agencies and law
11enforcement, where practicable, and (v) developing procedures
12for collecting data regarding incidents of self-neglect.
13(Source: P.A. 95-76, eff. 6-1-08; 96-526, eff. 1-1-10; 96-572,
14eff. 1-1-10; 96-1000, eff. 7-2-10.)
 
15    (320 ILCS 20/3.5)
16    Sec. 3.5. Other Responsibilities. The Department shall
17also be responsible for the following activities, contingent
18upon adequate funding:
19    (a) promotion of a wide range of endeavors for the purpose
20of preventing elder abuse, neglect, financial exploitation,
21and self-neglect in both domestic and institutional settings,
22including, but not limited to, promotion of public and
23professional education to increase awareness of elder abuse,
24neglect, financial exploitation, and self-neglect, to increase
25reports, and to improve response by various legal, financial,

 

 

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1social, and health systems;
2    (b) coordination of efforts with other agencies, councils,
3and like entities, to include but not be limited to, the Office
4of the Attorney General, the State Police, the Illinois Law
5Enforcement Training Standards Board, the State Triad, the
6Illinois Criminal Justice Information Authority, the
7Departments of Public Health, Public Aid, and Human Services,
8the Family Violence Coordinating Council, the Illinois
9Violence Prevention Authority, and other entities which may
10impact awareness of, and response to, elder abuse, neglect,
11financial exploitation, and self-neglect;
12    (c) collection and analysis of data;
13    (d) monitoring of the performance of regional
14administrative agencies and adult elder abuse provider
15agencies;
16    (e) promotion of prevention activities;
17    (f) establishing and coordinating an aggressive training
18program on the unique nature of adult elder abuse cases with
19other agencies, councils, and like entities, to include but not
20be limited to the Office of the Attorney General, the State
21Police, the Illinois Law Enforcement Training Standards Board,
22the State Triad, the Illinois Criminal Justice Information
23Authority, the State Departments of Public Health, Healthcare
24and Family Services Public Aid, and Human Services, the Family
25Violence Coordinating Council, the Illinois Violence
26Prevention Authority, and other entities that may impact

 

 

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1awareness of and response to elder abuse, neglect, financial
2exploitation, and self-neglect;
3    (g) solicitation of financial institutions for the purpose
4of making information available to the general public warning
5of financial exploitation of adults the elderly and related
6financial fraud or abuse, including such information and
7warnings available through signage or other written materials
8provided by the Department on the premises of such financial
9institutions, provided that the manner of displaying or
10distributing such information is subject to the sole discretion
11of each financial institution;
12    (g-1) developing by joint rulemaking with the Department of
13Financial and Professional Regulation minimum training
14standards which shall be used by financial institutions for
15their current and new employees with direct customer contact;
16the Department of Financial and Professional Regulation shall
17retain sole visitation and enforcement authority under this
18subsection (g-1); the Department of Financial and Professional
19Regulation shall provide bi-annual reports to the Department
20setting forth aggregate statistics on the training programs
21required under this subsection (g-1); and
22    (h) coordinating efforts with utility and electric
23companies to send notices in utility bills to explain to
24persons 60 years of age or older their rights regarding
25telemarketing and home repair fraud.
26(Source: P.A. 96-1103, eff. 7-19-10.)
 

 

 

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1    (320 ILCS 20/4)  (from Ch. 23, par. 6604)
2    Sec. 4. Reports of abuse or neglect.
3    (a) Any person who suspects the abuse, neglect, financial
4exploitation, or self-neglect of an eligible adult may report
5this suspicion to an agency designated to receive such reports
6under this Act or to the Department.
7    (a-5) If any mandated reporter has reason to believe that
8an eligible adult, who because of dysfunction is unable to seek
9assistance for himself or herself, has, within the previous 12
10months, been subjected to abuse, neglect, or financial
11exploitation, the mandated reporter shall, within 24 hours
12after developing such belief, report this suspicion to an
13agency designated to receive such reports under this Act or to
14the Department. The agency designated to receive such reports
15under this Act or the Department may establish a manner in
16which a mandated reporter can make the required report through
17an Internet reporting tool. Information sent and received
18through the Internet reporting tool is subject to the same
19rules in this Act as other types of confidential reporting
20established by the designated agency or the Department.
21Whenever a mandated reporter is required to report under this
22Act in his or her capacity as a member of the staff of a medical
23or other public or private institution, facility, board and
24care home, or agency, he or she shall make a report to an
25agency designated to receive such reports under this Act or to

 

 

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1the Department in accordance with the provisions of this Act
2and may also notify the person in charge of the institution,
3facility, board and care home, or agency or his or her
4designated agent that the report has been made. Under no
5circumstances shall any person in charge of such institution,
6facility, board and care home, or agency, or his or her
7designated agent to whom the notification has been made,
8exercise any control, restraint, modification, or other change
9in the report or the forwarding of the report to an agency
10designated to receive such reports under this Act or to the
11Department. The privileged quality of communication between
12any professional person required to report and his or her
13patient or client shall not apply to situations involving
14abused, neglected, or financially exploited eligible adults
15and shall not constitute grounds for failure to report as
16required by this Act.
17    (a-7) A person making a report under this Act in the belief
18that it is in the alleged victim's best interest shall be
19immune from criminal or civil liability or professional
20disciplinary action on account of making the report,
21notwithstanding any requirements concerning the
22confidentiality of information with respect to such eligible
23adult which might otherwise be applicable.
24    (a-9) Law enforcement officers shall continue to report
25incidents of alleged abuse pursuant to the Illinois Domestic
26Violence Act of 1986, notwithstanding any requirements under

 

 

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1this Act.
2    (b) Any person, institution or agency participating in the
3making of a report, providing information or records related to
4a report, assessment, or services, or participating in the
5investigation of a report under this Act in good faith, or
6taking photographs or x-rays as a result of an authorized
7assessment, shall have immunity from any civil, criminal or
8other liability in any civil, criminal or other proceeding
9brought in consequence of making such report or assessment or
10on account of submitting or otherwise disclosing such
11photographs or x-rays to any agency designated to receive
12reports of alleged or suspected abuse or neglect. Any person,
13institution or agency authorized by the Department to provide
14assessment, intervention, or administrative services under
15this Act shall, in the good faith performance of those
16services, have immunity from any civil, criminal or other
17liability in any civil, criminal, or other proceeding brought
18as a consequence of the performance of those services. For the
19purposes of any civil, criminal, or other proceeding, the good
20faith of any person required to report, permitted to report, or
21participating in an investigation of a report of alleged or
22suspected abuse, neglect, financial exploitation, or
23self-neglect shall be presumed.
24    (c) The identity of a person making a report of alleged or
25suspected abuse, neglect, financial exploitation, or
26self-neglect under this Act may be disclosed by the Department

 

 

HB0948- 115 -LRB098 06332 KTG 36373 b

1or other agency provided for in this Act only with such
2person's written consent or by court order, but is otherwise
3confidential.
4    (d) The Department shall by rule establish a system for
5filing and compiling reports made under this Act.
6    (e) Any physician who willfully fails to report as required
7by this Act shall be referred to the Illinois State Medical
8Disciplinary Board for action in accordance with subdivision
9(A)(22) of Section 22 of the Medical Practice Act of 1987. Any
10dentist or dental hygienist who willfully fails to report as
11required by this Act shall be referred to the Department of
12Professional Regulation for action in accordance with
13paragraph 19 of Section 23 of the Illinois Dental Practice Act.
14Any optometrist who willfully fails to report as required by
15this Act shall be referred to the Department of Financial and
16Professional Regulation for action in accordance with
17paragraph (15) of subsection (a) of Section 24 of the Illinois
18Optometric Practice Act of 1987. Any other mandated reporter
19required by this Act to report suspected abuse, neglect, or
20financial exploitation who willfully fails to report the same
21is guilty of a Class A misdemeanor.
22(Source: P.A. 96-378, eff. 1-1-10; 96-526, eff. 1-1-10;
2396-1000, eff. 7-2-10; 97-860, eff. 7-30-12.)
 
24    (320 ILCS 20/4.1)
25    Sec. 4.1. Employer discrimination. No employer shall

 

 

HB0948- 116 -LRB098 06332 KTG 36373 b

1discharge, demote or suspend, or threaten to discharge, demote
2or suspend, or in any manner discriminate against any employee
3who makes any good faith oral or written report of suspected
4elder abuse, neglect, or financial exploitation or who is or
5will be a witness or testify in any investigation or proceeding
6concerning a report of suspected elder abuse, neglect, or
7financial exploitation.
8(Source: P.A. 90-628, eff. 1-1-99.)
 
9    (320 ILCS 20/5)  (from Ch. 23, par. 6605)
10    Sec. 5. Procedure.
11    (a) A provider agency designated to receive reports of
12alleged or suspected abuse, neglect, financial exploitation,
13or self-neglect under this Act shall, upon receiving such a
14report, conduct a face-to-face assessment with respect to such
15report, in accord with established law and Department
16protocols, procedures, and policies. Face-to-face assessments,
17casework, and follow-up of reports of self-neglect by the
18provider agencies designated to receive reports of
19self-neglect shall be subject to sufficient appropriation for
20statewide implementation of assessments, casework, and
21follow-up of reports of self-neglect. In the absence of
22sufficient appropriation for statewide implementation of
23assessments, casework, and follow-up of reports of
24self-neglect, the designated adult protective services elder
25abuse provider agency shall refer all reports of self-neglect

 

 

HB0948- 117 -LRB098 06332 KTG 36373 b

1to the appropriate agency or agencies as designated by the
2Department for any follow-up. The assessment shall include, but
3not be limited to, a visit to the residence of the eligible
4adult who is the subject of the report and may include
5interviews or consultations with service agencies or
6individuals who may have knowledge of the eligible adult's
7circumstances. If, after the assessment, the provider agency
8determines that the case is substantiated it shall develop a
9service care plan for the eligible adult and may report its
10findings to the appropriate law enforcement agency in accord
11with established law and Department protocols, procedures, and
12policies. In developing a case the plan, the provider agency
13may consult with any other appropriate provider of services,
14and such providers shall be immune from civil or criminal
15liability on account of such acts. The plan shall include
16alternative suggested or recommended services which are
17appropriate to the needs of the eligible adult and which
18involve the least restriction of the eligible adult's
19activities commensurate with his or her needs. Only those
20services to which consent is provided in accordance with
21Section 9 of this Act shall be provided, contingent upon the
22availability of such services.
23    (b) A provider agency shall refer evidence of crimes
24against an eligible adult to the appropriate law enforcement
25agency according to Department policies. A referral to law
26enforcement may be made at intake or any time during the case.

 

 

HB0948- 118 -LRB098 06332 KTG 36373 b

1Where a provider agency has reason to believe the death of an
2eligible adult may be the result of abuse or neglect, the
3agency shall immediately report the matter to the coroner or
4medical examiner and shall cooperate fully with any subsequent
5investigation.
6    (c) If any person other than the alleged victim refuses to
7allow the provider agency to begin an investigation, interferes
8with the provider agency's ability to conduct an investigation,
9or refuses to give access to an eligible adult, the appropriate
10law enforcement agency must be consulted regarding the
11investigation.
12(Source: P.A. 94-1064, eff. 1-1-07.)
 
13    (320 ILCS 20/7.5 new)
14    Sec. 7.5. Health Care Worker Registry.
15    (a) Reporting to the registry. The Department on Aging
16shall report to the Department of Public Health's health care
17worker registry the identity and administrative finding
18against any caregiver of a verified and substantiated decision
19of significant abuse, neglect, or financial exploitation of an
20eligible adult under this Act. An administrative finding placed
21in the registry will preclude any caregiver from providing
22direct care in exchange for compensation in Illinois.
23    (b) Definitions. As used in this Section:
24    "Direct care" includes, but is not limited to, the
25provision of nursing care or assistance with feeding, dressing,

 

 

HB0948- 119 -LRB098 06332 KTG 36373 b

1movement, bathing, toileting, or other personal needs or
2assistance with financial transactions.
3    "Significant" means a finding of abuse, neglect, or
4financial exploitation as determined by the Department that (i)
5represents a meaningful failure to adequately provide for, or a
6material indifference to, the financial, health, safety, or
7medical needs of an eligible adult or (ii) results in an
8eligible adult's death or other serious deterioration of an
9eligible adult's financial resources, physical condition, or
10mental condition.
11    (c) Notice to caregiver. Prior to reporting, the Department
12on Aging shall notify the caregiver of its obligation to make a
13report to the registry. Notice to the caregiver shall contain a
14clear and concise statement of the grounds upon which the
15report to the registry is based and shall set forth the
16procedures for challenging a report to the registry. Notice is
17sufficient if provided by certified mail to the caregiver's
18last known address. If the caregiver does not reply within 30
19calendar days after the date of the notice, the Department
20shall report the name of the caregiver to the registry. Nothing
21in this subsection shall diminish or impair the rights of a
22person who is a member of a collective bargaining unit under
23the Illinois Public Labor Relations Act or under any other
24federal labor statute.
25    (d) Report challenges. The process by which a challenge to
26reporting is filed shall be established through the

 

 

HB0948- 120 -LRB098 06332 KTG 36373 b

1Department's administrative rules. Upon receiving a timely
2challenge by a caregiver in response to the notice of a
3registry report, the Department shall conduct an investigation
4and issue an administrative decision as to whether the verified
5and substantiated decision warrants reporting the caregiver's
6name to the registry. A written copy of the decision shall be
7provided to the caregiver.
8    (e) Registry hearings. If a caregiver's report challenge is
9not successful, then he or she may request an administrative
10hearing within 30 calendar days after the date of decision. If
11the request is timely, the Department on Aging shall not make a
12report to the registry and the caregiver shall be granted an
13opportunity to appear in person at a hearing. The caregiver
14shall present reasons why the abuse, neglect, or financial
15exploitation is not significant or should not otherwise be
16reported to the registry. The administrative law judge
17presiding over the hearing shall summarize pertinent findings
18of fact and conclusions of law and make a recommendation to the
19Director of the Department on Aging as to whether the verified
20and substantiated finding warrants reporting the name of the
21caregiver to the registry. The Director shall render and adopt
22the final decision. The parties may jointly request that the
23administrative law judge consider a stipulated disposition of
24these proceedings.
25    (f) Caregiver's rights to collateral action. The
26Department on Aging shall not make any report to the registry

 

 

HB0948- 121 -LRB098 06332 KTG 36373 b

1if a caregiver notifies the Department in writing, including
2any supporting documentation, that he or she is formally
3challenging an adverse employment action resulting from a
4verified and substantiated finding of abuse, neglect, or
5financial exploitation by complaint filed with the Illinois
6Civil Service Commission, or which otherwise seeks to enforce
7the caregiver's rights pursuant to any applicable collective
8bargaining agreement. If an action taken by an employer against
9a caregiver as a result of a finding of abuse, neglect, or
10financial exploitation is overturned through an action filed
11with the Illinois Civil Service Commission or under any
12applicable collective bargaining agreement and if that
13caregiver's name has already been sent to the registry, the
14caregiver's name shall be removed from the registry.
15    (g) Removal from registry. At any time after a report to
16the registry, but no more than once in each successive 3-year
17period thereafter, for a maximum of 3 such requests, a
18caregiver may write to the Director of the Department on Aging
19to request removal of his or her name from the registry. The
20caregiver shall bear the burden of showing cause that
21establishes, by a preponderance of the evidence, that removal
22of his or her name from the registry is in the public interest.
23Upon receiving such a request, the Department on Aging shall
24conduct an investigation and consider any evidentiary material
25provided. The Department shall issue a decision either granting
26or denying removal within 60 calendar days, and shall issue

 

 

HB0948- 122 -LRB098 06332 KTG 36373 b

1such decision to the caregiver and the registry. The waiver
2process at the Department of Public Health does not apply to
3registry reports from the Department on Aging.
4    (h) Referral of registry reports to health care facilities.
5In the event an eligible adult receiving services from a
6provider agency changes his or her residence from a domestic
7living situation to that of a health care facility, the
8provider agency shall use reasonable efforts to promptly inform
9the health care facility and the State Long Term Care Ombudsman
10about any registry reports relating to the eligible adult. For
11purposes of this Section, a health care facility includes, but
12is not limited to, a long-term care facility, a hospital, a
13hospice, a shared housing or assisted living establishment, a
14community living facility, or other government-operated
15facility.
 
16    (320 ILCS 20/8)  (from Ch. 23, par. 6608)
17    Sec. 8. Access to records. All records concerning reports
18of elder abuse, neglect, financial exploitation, or
19self-neglect and all records generated as a result of such
20reports shall be confidential and shall not be disclosed except
21as specifically authorized by this Act or other applicable law.
22In accord with established law and Department protocols,
23procedures, and policies, access to such records, but not
24access to the identity of the person or persons making a report
25of alleged abuse, neglect, financial exploitation, or

 

 

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1self-neglect as contained in such records, shall be provided,
2upon request, to the following persons and for the following
3persons:
4        (1) Department staff, provider agency staff, other
5    aging network staff, and regional administrative agency
6    staff, including staff of the Chicago Department on Aging
7    while that agency is designated as a regional
8    administrative agency, in the furtherance of their
9    responsibilities under this Act;
10        (2) A law enforcement agency investigating known or
11    suspected elder abuse, neglect, financial exploitation, or
12    self-neglect. Where a provider agency has reason to believe
13    that the death of an eligible adult may be the result of
14    abuse or neglect, the agency shall immediately provide the
15    appropriate law enforcement agency with all records
16    pertaining to the eligible adult;
17        (2.5) A law enforcement agency, fire department
18    agency, or fire protection district having proper
19    jurisdiction pursuant to a written agreement between a
20    provider agency and the law enforcement agency, fire
21    department agency, or fire protection district under which
22    the provider agency may furnish to the law enforcement
23    agency, fire department agency, or fire protection
24    district a list of all eligible adults who may be at
25    imminent risk of elder abuse, neglect, financial
26    exploitation, or self-neglect;

 

 

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1        (3) A physician who has before him or her or who is
2    involved in the treatment of an eligible adult whom he or
3    she reasonably suspects may be abused, neglected,
4    financially exploited, or self-neglected or who has been
5    referred to the Adult Protective Services Elder Abuse and
6    Neglect Program;
7        (4) An eligible adult reported to be abused, neglected,
8    financially exploited, or self-neglected, or such adult's
9    authorized guardian or agent, unless such guardian or agent
10    is the abuser or the alleged abuser;
11        (4.5) An executor or administrator of the estate of an
12    eligible adult who is deceased;
13        (5) In cases regarding elder abuse, neglect, or
14    financial exploitation, a court or a guardian ad litem,
15    upon its or his or her finding that access to such records
16    may be necessary for the determination of an issue before
17    the court. However, such access shall be limited to an in
18    camera inspection of the records, unless the court
19    determines that disclosure of the information contained
20    therein is necessary for the resolution of an issue then
21    pending before it;
22        (5.5) In cases regarding self-neglect, a guardian ad
23    litem;
24        (6) A grand jury, upon its determination that access to
25    such records is necessary in the conduct of its official
26    business;

 

 

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1        (7) Any person authorized by the Director, in writing,
2    for audit or bona fide research purposes;
3        (8) A coroner or medical examiner who has reason to
4    believe that an eligible adult has died as the result of
5    abuse, neglect, financial exploitation, or self-neglect.
6    The provider agency shall immediately provide the coroner
7    or medical examiner with all records pertaining to the
8    eligible adult;
9        (8.5) A coroner or medical examiner having proper
10    jurisdiction, pursuant to a written agreement between a
11    provider agency and the coroner or medical examiner, under
12    which the provider agency may furnish to the office of the
13    coroner or medical examiner a list of all eligible adults
14    who may be at imminent risk of death as a result of abuse,
15    neglect, financial exploitation, or self-neglect; and
16        (9) Department of Financial and Professional
17    Regulation staff and members of the Illinois Medical
18    Disciplinary Board or the Social Work Examining and
19    Disciplinary Board in the course of investigating alleged
20    violations of the Clinical Social Work and Social Work
21    Practice Act by provider agency staff or other licensing
22    bodies at the discretion of the Director of the Department
23    on Aging; and
24        (10) Department staff in the course of conducting an
25    administrative hearing to determine whether a verified and
26    substantiated finding of significant abuse, neglect, or

 

 

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1    financial exploitation of an eligible adult by a caregiver
2    warrants reporting to the health care worker registry.
3(Source: P.A. 96-526, eff. 1-1-10; 97-864, eff. 1-1-13.)
 
4    (320 ILCS 20/9)  (from Ch. 23, par. 6609)
5    Sec. 9. Authority to consent to services.
6    (a) If an eligible adult consents to services being
7provided according to the case plan, such services shall be
8arranged to meet the adult's needs, based upon the availability
9of resources to provide such services. If an adult withdraws
10his or her consent or refuses to accept such services, the
11services shall not be provided.
12    (b) If it reasonably appears to the Department or other
13agency designated under this Act that a person is an eligible
14adult and lacks the capacity to consent to necessary services,
15including an assessment, the Department or other agency may
16seek the appointment of a guardian as provided in Article XIa
17of the Probate Act of 1975 for the purpose of consenting to
18such services, together with an order for an evaluation of the
19eligible adult's physical, psychological, and medical
20condition and decisional capacity.
21    (c) A guardian of the person of an eligible adult may
22consent to services being provided according to the case plan.
23If an eligible adult lacks capacity to consent to services, an
24agent having authority under a power of attorney may consent to
25services. If the guardian or agent is the alleged abuser and he

 

 

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1or she withdraws his or her consent, or refuses to allow
2services to be provided to the eligible adult, the Department,
3an agency designated under this Act, or the office of the
4Attorney General may request a court order seeking appropriate
5remedies, and may in addition request removal of the guardian
6and appointment of a successor guardian or request removal of
7the agent and appointment of a guardian.
8    (d) If an emergency exists and the Department or other
9agency designated under this Act reasonably believes that a
10person is an eligible adult and lacks the capacity to consent
11to necessary services, the Department or other agency may
12request an ex parte order from the circuit court of the county
13in which the petitioner or respondent resides or in which the
14alleged abuse, neglect, financial exploitation, or
15self-neglect occurred, authorizing an assessment of a report of
16alleged or suspected abuse, neglect, financial exploitation,
17or self-neglect or the provision of necessary services, or
18both, including relief available under the Illinois Domestic
19Violence Act of 1986 in accord with established law and
20Department protocols, procedures, and policies. Petitions
21filed under this subsection shall be treated as expedited
22proceedings.
23    (d-5) For purposes of this Section, an eligible adult
24"lacks the capacity to consent" if he or she reasonably appears
25either (i) unable to receive and evaluate information related
26to the assessment or services or (ii) unable to communicate

 

 

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1decisions related to the assessment or services.
2    (e) Within 15 days after the entry of the ex parte
3emergency order, the order shall expire, or, if the need for
4assessment or services continues, the provider agency shall
5petition for the appointment of a guardian as provided in
6Article XIa of the Probate Act of 1975 for the purpose of
7consenting to such assessment or services or to protect the
8eligible adult from further harm.
9    (f) If the court enters an ex parte order under subsection
10(d) for an assessment of a report of alleged or suspected
11self-neglect, or for the provision of necessary services in
12connection with alleged or suspected self-neglect, or for both,
13the court, as soon as is practicable thereafter, shall appoint
14a guardian ad litem for the eligible adult who is the subject
15of the order, for the purpose of reviewing the reasonableness
16of the order. The guardian ad litem shall review the order and,
17if the guardian ad litem reasonably believes that the order is
18unreasonable, the guardian ad litem shall file a petition with
19the court stating the guardian ad litem's belief and requesting
20that the order be vacated.
21(Source: P.A. 96-526, eff. 1-1-10.)
 
22    (320 ILCS 20/15)
23    Sec. 15. Abuse Elder abuse fatality review teams.
24    (a) In this Section, "review team" means a regional
25interagency elder abuse fatality review team established under

 

 

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1this Section.
2    (a-5) The Department shall establish, lead, and direct a
3Statewide Fatality Review Team. The Team shall have authority
4to consider suspicious deaths of victims of alleged, suspected,
5or substantiated abuse or neglect in domestic living situations
6in areas in which there is no regional interagency abuse team.
7    (b) The Department, or any other State or county agency
8with Department approval, may establish, lead, and direct
9regional interagency elder abuse fatality review teams (i) to
10assist local agencies in identifying and reviewing suspicious
11deaths of elderly victims of alleged, suspected, or
12substantiated abuse or neglect in domestic living situations
13and (ii) to facilitate communications between officials
14responsible for autopsies and inquests and persons involved in
15reporting or investigating alleged or suspected cases of abuse,
16neglect, or financial exploitation of eligible adults under
17this Act persons 60 years of age or older.
18    (b-5) The Statewide Fatality Review Team and each regional
19Each such team shall be composed of representatives of entities
20and individuals including, but not limited to, the Department
21on Aging, coroners or medical examiners (or both), State's
22Attorneys, local police departments, forensic units, and
23service providers of services for persons 60 years of age or
24older in domestic living situations.
25    (c) The Statewide Fatality Review Team and each regional A
26review team shall review cases of deaths of eligible adults

 

 

HB0948- 130 -LRB098 06332 KTG 36373 b

1persons 60 years of age or older in domestic living situations
2(i) involving blunt force trauma or an undetermined manner or
3suspicious cause of death, (ii) if requested by the deceased's
4attending physician, (iii) upon referral by a health care
5provider, or (iv) constituting an open or closed case from a
6senior protective services agency, law enforcement agency, or
7State's Attorney's office that involves alleged or suspected
8abuse, neglect, or financial exploitation. A team may also
9review other cases of deaths of eligible adults persons 60
10years of age or older if the alleged abuse or neglect occurred
11while the person was residing in a domestic living situation.
12    A review team shall meet not less than 6 times a year to
13discuss cases for its possible review. Each review team, with
14the advice and consent of the Department, shall establish
15criteria to be used by review teams in discussing cases of
16alleged, suspected, or substantiated abuse or neglect for
17review and shall conduct its activities in accordance with any
18applicable policies and procedures established by the
19Department.
20    (d) Any document or oral or written communication shared
21within or produced by a review team relating to a case
22discussed or reviewed by the review team is confidential and is
23not subject to disclosure to or discoverable by another party
24except for use by a local State's Attorney's office in
25investigating and pursuing a criminal prosecution against a
26caregiver.

 

 

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1    Any document or oral or written communication provided to a
2review team by an individual or entity, and created by that
3individual or entity solely for the use of the review team, is
4confidential and is not subject to disclosure to or
5discoverable by another party except for use by a local State's
6Attorney's office in investigating and pursuing a criminal
7prosecution against a caregiver.
8    Each entity or individual represented on an elder abuse
9fatality review team may share with other members of the team
10information in the entity's or individual's possession
11concerning the decedent who is the subject of the review or
12concerning any person who was in contact with the decedent, as
13well as any other information deemed by the entity or
14individual to be pertinent to the review. Any such information
15shared by an entity or individual with other members of a team
16is confidential. The intent of this paragraph is to permit the
17disclosure to members of a team of any information deemed
18confidential or privileged or prohibited from disclosure by any
19other provision of law. Release of confidential communication
20between domestic violence advocates and a domestic violence
21victim shall follow subsection (d) of Section 227 of the
22Illinois Domestic Violence Act of 1986 which allows for the
23waiver of privilege afforded to guardians, executors, or
24administrators of the estate of the domestic violence victim.
25This provision relating to the release of confidential
26communication between domestic violence advocates and a

 

 

HB0948- 132 -LRB098 06332 KTG 36373 b

1domestic violence victim shall exclude adult protective
2service providers.
3    A coroner's or medical examiner's office may share with a
4review team medical records that have been made available to
5the coroner's or medical examiner's office in connection with
6that office's investigation of a death.
7    (e) The Statewide Fatality Review Team or the regional
8review team's A review team's recommendation in relation to a
9case discussed or reviewed by the review team, including, but
10not limited to, a recommendation concerning a resulting an
11investigation or prosecution in relation to such a case, may be
12disclosed by such a the review team upon the completion of its
13review and at the discretion of a majority of its members
14considering such matters who reviewed the case.
15    (f) The Department, in consultation with coroners, medical
16examiners, and law enforcement agencies, shall use aggregate
17data gathered by review teams and review teams' recommendations
18to create an annual report and may use those data and
19recommendations to develop education, prevention, prosecution,
20or other strategies designed to improve the coordination of
21services for persons 60 years of age or older and their
22families. The Department or other State or county agency, in
23consultation with coroners, medical examiners, and law
24enforcement agencies, also may use aggregate data gathered by
25review teams to create a database of at-risk individuals.
26(Source: P.A. 95-402, eff. 6-1-08.)
 

 

 

HB0948- 133 -LRB098 06332 KTG 36373 b

1    Section 25. The Code of Criminal Procedure of 1963 is
2amended by changing Sections 114-13.5 and 115-10.3 as follows:
 
3    (725 ILCS 5/114-13.5)
4    Sec. 114-13.5. Evidence deposition; elder abuse. In a
5prosecution for abuse, neglect, or financial exploitation of an
6eligible adult as defined in the Adult Protective Services Act
7Elder Abuse and Neglect Act, the eligible adult may give
8testimony in the form of an evidence deposition and not be
9required to appear in court to testify.
10(Source: P.A. 93-301, eff. 1-1-04.)
 
11    (725 ILCS 5/115-10.3)
12    Sec. 115-10.3. Hearsay exception regarding elder adults.
13    (a) In a prosecution for a physical act, abuse, neglect, or
14financial exploitation perpetrated upon or against an eligible
15adult, as defined in the Adult Protective Services Act Elder
16Abuse and Neglect Act, who has been diagnosed by a physician to
17suffer from (i) any form of dementia, developmental disability,
18or other form of mental incapacity or (ii) any physical
19infirmity, including but not limited to prosecutions for
20violations of Sections 10-1, 10-2, 10-3, 10-3.1, 10-4, 11-1.20,
2111-1.30, 11-1.40, 11-1.50, 11-1.60, 11-11, 12-1, 12-2, 12-3,
2212-3.05, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.5, 12-4.6,
2312-4.7, 12-5, 12-6, 12-7.3, 12-7.4, 12-11, 12-11.1, 12-13,

 

 

HB0948- 134 -LRB098 06332 KTG 36373 b

112-14, 12-15, 12-16, 12-21, 16-1, 16-1.3, 17-1, 17-3, 17-56,
218-1, 18-2, 18-3, 18-4, 18-5, 18-6, 19-6, 20-1.1, 24-1.2, and
333A-2, or subsection (b) of Section 12-4.4a, of the Criminal
4Code of 1961, the following evidence shall be admitted as an
5exception to the hearsay rule:
6        (1) testimony by an eligible adult, of an out of court
7    statement made by the eligible adult, that he or she
8    complained of such act to another; and
9        (2) testimony of an out of court statement made by the
10    eligible adult, describing any complaint of such act or
11    matter or detail pertaining to any act which is an element
12    of an offense which is the subject of a prosecution for a
13    physical act, abuse, neglect, or financial exploitation
14    perpetrated upon or against the eligible adult.
15    (b) Such testimony shall only be admitted if:
16        (1) The court finds in a hearing conducted outside the
17    presence of the jury that the time, content, and
18    circumstances of the statement provide sufficient
19    safeguards of reliability; and
20        (2) The eligible adult either:
21            (A) testifies at the proceeding; or
22            (B) is unavailable as a witness and there is
23        corroborative evidence of the act which is the subject
24        of the statement.
25    (c) If a statement is admitted pursuant to this Section,
26the court shall instruct the jury that it is for the jury to

 

 

HB0948- 135 -LRB098 06332 KTG 36373 b

1determine the weight and credibility to be given the statement
2and that, in making the determination, it shall consider the
3condition of the eligible adult, the nature of the statement,
4the circumstances under which the statement was made, and any
5other relevant factor.
6    (d) The proponent of the statement shall give the adverse
7party reasonable notice of his or her intention to offer the
8statement and the particulars of the statement.
9(Source: P.A. 96-1551, Article 1, Section 965, eff. 7-1-11;
1096-1551, Article 2, Section 1040, eff. 7-1-11; 96-1551, Article
1110, Section 10-145, eff. 7-1-11; 97-1108, eff. 1-1-13; 97-1109,
12eff. 1-1-13.)
 
13    Section 30. The Code of Civil Procedure is amended by
14changing Section 8-2701 as follows:
 
15    (735 ILCS 5/8-2701)
16    Sec. 8-2701. Admissibility of evidence; out of court
17statements; elder abuse.
18    (a) An out of court statement made by an eligible adult, as
19defined in the Adult Protective Services Act Elder Abuse and
20Neglect Act, who has been diagnosed by a physician to suffer
21from (i) any form of dementia, developmental disability, or
22other form of mental incapacity or (ii) any physical infirmity
23which prevents the eligible adult's appearance in court,
24describing any act of elder abuse, neglect, or financial

 

 

HB0948- 136 -LRB098 06332 KTG 36373 b

1exploitation, or testimony by an eligible adult of an out of
2court statement made by the eligible adult that he or she
3complained of such acts to another, is admissible in any civil
4proceeding, if:
5        (1) the court conducts a hearing outside the presence
6    of the jury and finds that the time, content, and
7    circumstances of the statement provide sufficient
8    safeguards of reliability; and
9        (2) the eligible adult either:
10            (A) testifies at the proceeding; or
11            (B) is unavailable as a witness and there is
12        corroborative evidence of the act which is the subject
13        of the statement.
14    (b) If a statement is admitted pursuant to this Section,
15the court shall instruct the jury that it is for the jury to
16determine the weight and credibility to be given to the
17statement and that, in making its determination, it shall
18consider the condition of the eligible adult, the nature of the
19statement, the circumstances under which the statement was
20made, and any other relevant factors.
21    (c) The proponent of the statement shall give the adverse
22party reasonable notice of an intention to offer the statement
23and the particulars of the statement.
24(Source: P.A. 90-628, eff. 1-1-99.)
 
25    Section 35. The Probate Act of 1975 is amended by changing

 

 

HB0948- 137 -LRB098 06332 KTG 36373 b

1Section 11a-10 as follows:
 
2    (755 ILCS 5/11a-10)  (from Ch. 110 1/2, par. 11a-10)
3    Sec. 11a-10. Procedures preliminary to hearing.
4    (a) Upon the filing of a petition pursuant to Section
511a-8, the court shall set a date and place for hearing to take
6place within 30 days. The court shall appoint a guardian ad
7litem to report to the court concerning the respondent's best
8interests consistent with the provisions of this Section,
9except that the appointment of a guardian ad litem shall not be
10required when the court determines that such appointment is not
11necessary for the protection of the respondent or a reasonably
12informed decision on the petition. If the guardian ad litem is
13not a licensed attorney, he or she shall be qualified, by
14training or experience, to work with or advocate for the
15developmentally disabled, mentally ill, physically disabled,
16the elderly, or persons disabled because of mental
17deterioration, depending on the type of disability that is
18alleged in the petition. The court may allow the guardian ad
19litem reasonable compensation. The guardian ad litem may
20consult with a person who by training or experience is
21qualified to work with persons with a developmental disability,
22persons with mental illness, or physically disabled persons, or
23persons disabled because of mental deterioration, depending on
24the type of disability that is alleged. The guardian ad litem
25shall personally observe the respondent prior to the hearing

 

 

HB0948- 138 -LRB098 06332 KTG 36373 b

1and shall inform him orally and in writing of the contents of
2the petition and of his rights under Section 11a-11. The
3guardian ad litem shall also attempt to elicit the respondent's
4position concerning the adjudication of disability, the
5proposed guardian, a proposed change in residential placement,
6changes in care that might result from the guardianship, and
7other areas of inquiry deemed appropriate by the court.
8Notwithstanding any provision in the Mental Health and
9Developmental Disabilities Confidentiality Act or any other
10law, a guardian ad litem shall have the right to inspect and
11copy any medical or mental health record of the respondent
12which the guardian ad litem deems necessary, provided that the
13information so disclosed shall not be utilized for any other
14purpose nor be redisclosed except in connection with the
15proceedings. At or before the hearing, the guardian ad litem
16shall file a written report detailing his or her observations
17of the respondent, the responses of the respondent to any of
18the inquires detailed in this Section, the opinion of the
19guardian ad litem or other professionals with whom the guardian
20ad litem consulted concerning the appropriateness of
21guardianship, and any other material issue discovered by the
22guardian ad litem. The guardian ad litem shall appear at the
23hearing and testify as to any issues presented in his or her
24report.
25    (b) The court (1) may appoint counsel for the respondent,
26if the court finds that the interests of the respondent will be

 

 

HB0948- 139 -LRB098 06332 KTG 36373 b

1best served by the appointment, and (2) shall appoint counsel
2upon respondent's request or if the respondent takes a position
3adverse to that of the guardian ad litem. The respondent shall
4be permitted to obtain the appointment of counsel either at the
5hearing or by any written or oral request communicated to the
6court prior to the hearing. The summons shall inform the
7respondent of this right to obtain appointed counsel. The court
8may allow counsel for the respondent reasonable compensation.
9    (c) If the respondent is unable to pay the fee of the
10guardian ad litem or appointed counsel, or both, the court may
11enter an order for the petitioner to pay all such fees or such
12amounts as the respondent or the respondent's estate may be
13unable to pay. However, in cases where the Office of State
14Guardian is the petitioner, consistent with Section 30 of the
15Guardianship and Advocacy Act, where the public guardian is the
16petitioner, consistent with Section 13-5 of the Probate Act of
171975, where an elder abuse provider agency is the petitioner,
18pursuant to Section 9 of the Adult Protective Services Act
19Elder Abuse and Neglect Act, or where the Department of Human
20Services Office of Inspector General is the petitioner,
21consistent with Section 45 of the Abuse of Adults with
22Disabilities Intervention Act, no guardian ad litem or legal
23fees shall be assessed against the Office of State Guardian,
24the public guardian, the elder abuse provider agency, or the
25Department of Human Services Office of Inspector General.
26    (d) The hearing may be held at such convenient place as the

 

 

HB0948- 140 -LRB098 06332 KTG 36373 b

1court directs, including at a facility in which the respondent
2resides.
3    (e) Unless he is the petitioner, the respondent shall be
4personally served with a copy of the petition and a summons not
5less than 14 days before the hearing. The summons shall be
6printed in large, bold type and shall include the following
7notice:
8
NOTICE OF RIGHTS OF RESPONDENT
9    You have been named as a respondent in a guardianship
10petition asking that you be declared a disabled person. If the
11court grants the petition, a guardian will be appointed for
12you. A copy of the guardianship petition is attached for your
13convenience.
14The date and time of the hearing are:
15The place where the hearing will occur is:
16The Judge's name and phone number is:
17    If a guardian is appointed for you, the guardian may be
18given the right to make all important personal decisions for
19you, such as where you may live, what medical treatment you may
20receive, what places you may visit, and who may visit you. A
21guardian may also be given the right to control and manage your
22money and other property, including your home, if you own one.
23You may lose the right to make these decisions for yourself.
24    You have the following legal rights:
25        (1) You have the right to be present at the court
26    hearing.

 

 

HB0948- 141 -LRB098 06332 KTG 36373 b

1        (2) You have the right to be represented by a lawyer,
2    either one that you retain, or one appointed by the Judge.
3        (3) You have the right to ask for a jury of six persons
4    to hear your case.
5        (4) You have the right to present evidence to the court
6    and to confront and cross-examine witnesses.
7        (5) You have the right to ask the Judge to appoint an
8    independent expert to examine you and give an opinion about
9    your need for a guardian.
10        (6) You have the right to ask that the court hearing be
11    closed to the public.
12        (7) You have the right to tell the court whom you
13    prefer to have for your guardian.
14    You do not have to attend the court hearing if you do not
15want to be there. If you do not attend, the Judge may appoint a
16guardian if the Judge finds that a guardian would be of benefit
17to you. The hearing will not be postponed or canceled if you do
18not attend.
19    IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU DO
20NOT WANT A GUARDIAN OR IF YOU WANT SOMEONE OTHER THAN THE
21PERSON NAMED IN THE GUARDIANSHIP PETITION TO BE YOUR GUARDIAN.
22IF YOU DO NOT WANT A GUARDIAN OF IF YOU HAVE ANY OTHER
23PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO COURT AND
24TELL THE JUDGE.
25    Service of summons and the petition may be made by a
26private person 18 years of age or over who is not a party to the

 

 

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1action.
2    (f) Notice of the time and place of the hearing shall be
3given by the petitioner by mail or in person to those persons,
4including the proposed guardian, whose names and addresses
5appear in the petition and who do not waive notice, not less
6than 14 days before the hearing.
7(Source: P.A. 96-1052, eff. 7-14-10; 97-375, eff. 8-15-11;
897-1095, eff. 8-24-12.)
 
9    Section 40. The Illinois Power of Attorney Act is amended
10by changing Sections 2-7 and 2-10 as follows:
 
11    (755 ILCS 45/2-7)  (from Ch. 110 1/2, par. 802-7)
12    Sec. 2-7. Duty - standard of care - record-keeping -
13exoneration.
14    (a) The agent shall be under no duty to exercise the powers
15granted by the agency or to assume control of or responsibility
16for any of the principal's property, care or affairs,
17regardless of the principal's physical or mental condition.
18Whenever a power is exercised, the agent shall act in good
19faith for the benefit of the principal using due care,
20competence, and diligence in accordance with the terms of the
21agency and shall be liable for negligent exercise. An agent who
22acts with due care for the benefit of the principal shall not
23be liable or limited merely because the agent also benefits
24from the act, has individual or conflicting interests in

 

 

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1relation to the property, care or affairs of the principal or
2acts in a different manner with respect to the agency and the
3agent's individual interests. The agent shall not be affected
4by any amendment or termination of the agency until the agent
5has actual knowledge thereof. The agent shall not be liable for
6any loss due to error of judgment nor for the act or default of
7any other person.
8    (b) An agent that has accepted appointment must act in
9accordance with the principal's expectations to the extent
10actually known to the agent and otherwise in the principal's
11best interests.
12    (c) An agent shall keep a record of all receipts,
13disbursements, and significant actions taken under the
14authority of the agency and shall provide a copy of this record
15when requested to do so by:
16        (1) the principal, a guardian, another fiduciary
17    acting on behalf of the principal, and, after the death of
18    the principal, the personal representative or successors
19    in interest of the principal's estate;
20        (2) a representative of a provider agency, as defined
21    in Section 2 of the Adult Protective Services Act Elder
22    Abuse and Neglect Act, acting in the course of an
23    assessment of a complaint of elder abuse or neglect under
24    that Act;
25        (3) a representative of the Office of the State Long
26    Term Care Ombudsman, acting in the course of an

 

 

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1    investigation of a complaint of financial exploitation of a
2    nursing home resident under Section 4.04 of the Illinois
3    Act on the Aging;
4        (4) a representative of the Office of Inspector General
5    for the Department of Human Services, acting in the course
6    of an assessment of a complaint of financial exploitation
7    of an adult with disabilities pursuant to Section 35 of the
8    Abuse of Adults with Disabilities Intervention Act; or
9        (5) a court under Section 2-10 of this Act.
10    (d) If the agent fails to provide his or her record of all
11receipts, disbursements, and significant actions within 21
12days after a request under subsection (c), the elder abuse
13provider agency or the State Long Term Care Ombudsman may
14petition the court for an order requiring the agent to produce
15his or her record of receipts, disbursements, and significant
16actions. If the court finds that the agent's failure to provide
17his or her record in a timely manner to the elder abuse
18provider agency or the State Long Term Care Ombudsman was
19without good cause, the court may assess reasonable costs and
20attorney's fees against the agent, and order such other relief
21as is appropriate.
22    (e) An agent is not required to disclose receipts,
23disbursements, or other significant actions conducted on
24behalf of the principal except as otherwise provided in the
25power of attorney or as required under subsection (c).
26    (f) An agent that violates this Act is liable to the

 

 

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1principal or the principal's successors in interest for the
2amount required (i) to restore the value of the principal's
3property to what it would have been had the violation not
4occurred, and (ii) to reimburse the principal or the
5principal's successors in interest for the attorney's fees and
6costs paid on the agent's behalf. This subsection does not
7limit any other applicable legal or equitable remedies.
8(Source: P.A. 96-1195, eff. 7-1-11.)
 
9    (755 ILCS 45/2-10)  (from Ch. 110 1/2, par. 802-10)
10    Sec. 2-10. Agency-court relationship.
11    (a) Upon petition by any interested person (including the
12agent), with such notice to interested persons as the court
13directs and a finding by the court that the principal lacks
14either the capacity to control or the capacity to revoke the
15agency, the court may construe a power of attorney, review the
16agent's conduct, and grant appropriate relief including
17compensatory damages.
18    (b) If the court finds that the agent is not acting for the
19benefit of the principal in accordance with the terms of the
20agency or that the agent's action or inaction has caused or
21threatens substantial harm to the principal's person or
22property in a manner not authorized or intended by the
23principal, the court may order a guardian of the principal's
24person or estate to exercise any powers of the principal under
25the agency, including the power to revoke the agency, or may

 

 

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1enter such other orders without appointment of a guardian as
2the court deems necessary to provide for the best interests of
3the principal.
4    (c) If the court finds that the agency requires
5interpretation, the court may construe the agency and instruct
6the agent, but the court may not amend the agency.
7    (d) If the court finds that the agent has not acted for the
8benefit of the principal in accordance with the terms of the
9agency and the Illinois Power of Attorney Act, or that the
10agent's action caused or threatened substantial harm to the
11principal's person or property in a manner not authorized or
12intended by the principal, then the agent shall not be
13authorized to pay or be reimbursed from the estate of the
14principal the attorneys' fees and costs of the agent in
15defending a proceeding brought pursuant to this Section.
16    (e) Upon a finding that the agent's action has caused
17substantial harm to the principal's person or property, the
18court may assess against the agent reasonable costs and
19attorney's fees to a prevailing party who is a provider agency
20as defined in Section 2 of the Adult Protective Services Act
21Elder Abuse and Neglect Act, a representative of the Office of
22the State Long Term Care Ombudsman, or a governmental agency
23having regulatory authority to protect the welfare of the
24principal.
25    (f) As used in this Section, the term "interested person"
26includes (1) the principal or the agent; (2) a guardian of the

 

 

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1person, guardian of the estate, or other fiduciary charged with
2management of the principal's property; (3) the principal's
3spouse, parent, or descendant; (4) a person who would be a
4presumptive heir-at-law of the principal; (5) a person named as
5a beneficiary to receive any property, benefit, or contractual
6right upon the principal's death, or as a beneficiary of a
7trust created by or for the principal; (6) a provider agency as
8defined in Section 2 of the Adult Protective Services Act Elder
9Abuse and Neglect Act, a representative of the Office of the
10State Long Term Care Ombudsman, or a governmental agency having
11regulatory authority to protect the welfare of the principal;
12and (7) the principal's caregiver or another person who
13demonstrates sufficient interest in the principal's welfare.
14    (g) Absent court order directing a guardian to exercise
15powers of the principal under the agency, a guardian will have
16no power, duty or liability with respect to any property
17subject to the agency or any personal or health care matters
18covered by the agency.
19    (h) Proceedings under this Section shall be commenced in
20the county where the guardian was appointed or, if no Illinois
21guardian is acting, then in the county where the agent or
22principal resides or where the principal owns real property.
23    (i) This Section shall not be construed to limit any other
24remedies available.
25(Source: P.A. 96-1195, eff. 7-1-11.)
 
26    Section 99. Effective date. This Act takes effect July 1,

 

 

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12013.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 120/2from Ch. 102, par. 42
4    5 ILCS 350/1from Ch. 127, par. 1301
5    20 ILCS 105/4.01from Ch. 23, par. 6104.01
6    20 ILCS 1305/1-17
7    20 ILCS 2435/Act rep.
8    50 ILCS 705/7from Ch. 85, par. 507
9    205 ILCS 5/48.1from Ch. 17, par. 360
10    205 ILCS 105/3-8from Ch. 17, par. 3303-8
11    205 ILCS 205/4013from Ch. 17, par. 7304-13
12    205 ILCS 305/10from Ch. 17, par. 4411
13    210 ILCS 55/6.3
14    210 ILCS 55/6.7
15    225 ILCS 20/16from Ch. 111, par. 6366
16    225 ILCS 106/95
17    225 ILCS 107/75
18    225 ILCS 107/80
19    320 ILCS 20/Act title
20    320 ILCS 20/1from Ch. 23, par. 6601
21    320 ILCS 20/2from Ch. 23, par. 6602
22    320 ILCS 20/3from Ch. 23, par. 6603
23    320 ILCS 20/3.5
24    320 ILCS 20/4from Ch. 23, par. 6604
25    320 ILCS 20/4.1

 

 

HB0948- 150 -LRB098 06332 KTG 36373 b

1    320 ILCS 20/5from Ch. 23, par. 6605
2    320 ILCS 20/7.5 new
3    320 ILCS 20/8from Ch. 23, par. 6608
4    320 ILCS 20/9from Ch. 23, par. 6609
5    320 ILCS 20/15
6    725 ILCS 5/114-13.5
7    725 ILCS 5/115-10.3
8    735 ILCS 5/8-2701
9    755 ILCS 5/11a-10from Ch. 110 1/2, par. 11a-10
10    755 ILCS 45/2-7from Ch. 110 1/2, par. 802-7
11    755 ILCS 45/2-10from Ch. 110 1/2, par. 802-10