Rep. Greg Harris

Filed: 4/12/2013

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 948

2    AMENDMENT NO. ______. Amend House Bill 948 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Statewide Centralized Abuse, Neglect, Financial Exploitation,
6and Self-Neglect Hotline Act.
 
7    Section 1.5. Legislative findings. The General Assembly
8finds all of the following:
9    (a) Illinois' current investigatory system is
10decentralized, being comprised of different State agencies
11responsible for investigating abuse, neglect, financial
12exploitation, or self-neglect of different populations
13depending upon the age of the individual and the setting in
14which he or she resides.
15    (b) Each of the investigatory agencies has its own hotline
16to receive reports of abuse, neglect, financial exploitation,

 

 

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1or self-neglect of the individuals and settings over which they
2have investigative authority.
3    (c) To ensure the safety and well-being of the individuals
4the investigatory system was designed to protect, it is a goal
5to develop a statewide centralized hotline to receive reports
6of abuse, neglect, financial exploitation, or self-neglect of
7adults with disabilities and older adults.
 
8    Section 1.10. Exploratory committee for the Statewide
9Centralized Hotline. The Department on Aging (Department)
10shall, upon the effective date of this Act, act as the lead
11agency in convening an exploratory committee with the
12Department of Human Services and the Department of Public
13Health to determine how a centralized hotline will function and
14what types of funding, staffing, and training are required to
15support its operation. The Committee shall be composed of
16stakeholder representatives of all programs under
17consideration for inclusion in the Statewide Centralized
18Hotline, as well as representatives from each of the named
19agencies.
 
20    Section 1.15. Committee responsibilities. The committee
21shall carry out the following responsibilities:
22    (1) analyze the laws and regulations that establish the
23respective agency hotlines;
24    (2) evaluate the respective agency phone systems to

 

 

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1determine necessary technology changes for a centralized
2hotline;
3    (3) gather information on the volume of calls received by
4each agency;
5    (4) determine the exact process by which a call is screened
6to ascertain where it should be directed; and
7    (5) establish the manner in which the confidentiality of
8all complainant identities will be protected for purposes of
9any dissemination of records or other information outside
10agency personnel.
 
11    Section 1.20. Committee report. The Committee shall issue a
12report with its findings and recommendations together with a
13budget proposal within 6 months after the effective date of
14this Act.
 
15    Section 2. The Open Meetings Act is amended by changing
16Section 2 as follows:
 
17    (5 ILCS 120/2)  (from Ch. 102, par. 42)
18    Sec. 2. Open meetings.
19    (a) Openness required. All meetings of public bodies shall
20be open to the public unless excepted in subsection (c) and
21closed in accordance with Section 2a.
22    (b) Construction of exceptions. The exceptions contained
23in subsection (c) are in derogation of the requirement that

 

 

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1public bodies meet in the open, and therefore, the exceptions
2are to be strictly construed, extending only to subjects
3clearly within their scope. The exceptions authorize but do not
4require the holding of a closed meeting to discuss a subject
5included within an enumerated exception.
6    (c) Exceptions. A public body may hold closed meetings to
7consider the following subjects:
8        (1) The appointment, employment, compensation,
9    discipline, performance, or dismissal of specific
10    employees of the public body or legal counsel for the
11    public body, including hearing testimony on a complaint
12    lodged against an employee of the public body or against
13    legal counsel for the public body to determine its
14    validity.
15        (2) Collective negotiating matters between the public
16    body and its employees or their representatives, or
17    deliberations concerning salary schedules for one or more
18    classes of employees.
19        (3) The selection of a person to fill a public office,
20    as defined in this Act, including a vacancy in a public
21    office, when the public body is given power to appoint
22    under law or ordinance, or the discipline, performance or
23    removal of the occupant of a public office, when the public
24    body is given power to remove the occupant under law or
25    ordinance.
26        (4) Evidence or testimony presented in open hearing, or

 

 

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1    in closed hearing where specifically authorized by law, to
2    a quasi-adjudicative body, as defined in this Act, provided
3    that the body prepares and makes available for public
4    inspection a written decision setting forth its
5    determinative reasoning.
6        (5) The purchase or lease of real property for the use
7    of the public body, including meetings held for the purpose
8    of discussing whether a particular parcel should be
9    acquired.
10        (6) The setting of a price for sale or lease of
11    property owned by the public body.
12        (7) The sale or purchase of securities, investments, or
13    investment contracts. This exception shall not apply to the
14    investment of assets or income of funds deposited into the
15    Illinois Prepaid Tuition Trust Fund.
16        (8) Security procedures and the use of personnel and
17    equipment to respond to an actual, a threatened, or a
18    reasonably potential danger to the safety of employees,
19    students, staff, the public, or public property.
20        (9) Student disciplinary cases.
21        (10) The placement of individual students in special
22    education programs and other matters relating to
23    individual students.
24        (11) Litigation, when an action against, affecting or
25    on behalf of the particular public body has been filed and
26    is pending before a court or administrative tribunal, or

 

 

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1    when the public body finds that an action is probable or
2    imminent, in which case the basis for the finding shall be
3    recorded and entered into the minutes of the closed
4    meeting.
5        (12) The establishment of reserves or settlement of
6    claims as provided in the Local Governmental and
7    Governmental Employees Tort Immunity Act, if otherwise the
8    disposition of a claim or potential claim might be
9    prejudiced, or the review or discussion of claims, loss or
10    risk management information, records, data, advice or
11    communications from or with respect to any insurer of the
12    public body or any intergovernmental risk management
13    association or self insurance pool of which the public body
14    is a member.
15        (13) Conciliation of complaints of discrimination in
16    the sale or rental of housing, when closed meetings are
17    authorized by the law or ordinance prescribing fair housing
18    practices and creating a commission or administrative
19    agency for their enforcement.
20        (14) Informant sources, the hiring or assignment of
21    undercover personnel or equipment, or ongoing, prior or
22    future criminal investigations, when discussed by a public
23    body with criminal investigatory responsibilities.
24        (15) Professional ethics or performance when
25    considered by an advisory body appointed to advise a
26    licensing or regulatory agency on matters germane to the

 

 

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1    advisory body's field of competence.
2        (16) Self evaluation, practices and procedures or
3    professional ethics, when meeting with a representative of
4    a statewide association of which the public body is a
5    member.
6        (17) The recruitment, credentialing, discipline or
7    formal peer review of physicians or other health care
8    professionals for a hospital, or other institution
9    providing medical care, that is operated by the public
10    body.
11        (18) Deliberations for decisions of the Prisoner
12    Review Board.
13        (19) Review or discussion of applications received
14    under the Experimental Organ Transplantation Procedures
15    Act.
16        (20) The classification and discussion of matters
17    classified as confidential or continued confidential by
18    the State Government Suggestion Award Board.
19        (21) Discussion of minutes of meetings lawfully closed
20    under this Act, whether for purposes of approval by the
21    body of the minutes or semi-annual review of the minutes as
22    mandated by Section 2.06.
23        (22) Deliberations for decisions of the State
24    Emergency Medical Services Disciplinary Review Board.
25        (23) The operation by a municipality of a municipal
26    utility or the operation of a municipal power agency or

 

 

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1    municipal natural gas agency when the discussion involves
2    (i) contracts relating to the purchase, sale, or delivery
3    of electricity or natural gas or (ii) the results or
4    conclusions of load forecast studies.
5        (24) Meetings of a residential health care facility
6    resident sexual assault and death review team or the
7    Executive Council under the Abuse Prevention Review Team
8    Act.
9        (25) Meetings of an independent team of experts under
10    Brian's Law.
11        (26) Meetings of a mortality review team appointed
12    under the Department of Juvenile Justice Mortality Review
13    Team Act.
14        (27) (Blank). Confidential information, when discussed
15    by one or more members of an elder abuse fatality review
16    team, designated under Section 15 of the Elder Abuse and
17    Neglect Act, while participating in a review conducted by
18    that team of the death of an elderly person in which abuse
19    or neglect is suspected, alleged, or substantiated;
20    provided that before the review team holds a closed
21    meeting, or closes an open meeting, to discuss the
22    confidential information, each participating review team
23    member seeking to disclose the confidential information in
24    the closed meeting or closed portion of the meeting must
25    state on the record during an open meeting or the open
26    portion of a meeting the nature of the information to be

 

 

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1    disclosed and the legal basis for otherwise holding that
2    information confidential.
3        (28) Correspondence and records (i) that may not be
4    disclosed under Section 11-9 of the Public Aid Code or (ii)
5    that pertain to appeals under Section 11-8 of the Public
6    Aid Code.
7        (29) Meetings between internal or external auditors
8    and governmental audit committees, finance committees, and
9    their equivalents, when the discussion involves internal
10    control weaknesses, identification of potential fraud risk
11    areas, known or suspected frauds, and fraud interviews
12    conducted in accordance with generally accepted auditing
13    standards of the United States of America.
14        (30) Meetings of an at-risk adult fatality review team
15    or the Illinois At-Risk Adult Fatality Review Team Advisory
16    Council under Section 15 of the Adult Protective Services
17    Act.
18    (d) Definitions. For purposes of this Section:
19    "Employee" means a person employed by a public body whose
20relationship with the public body constitutes an
21employer-employee relationship under the usual common law
22rules, and who is not an independent contractor.
23    "Public office" means a position created by or under the
24Constitution or laws of this State, the occupant of which is
25charged with the exercise of some portion of the sovereign
26power of this State. The term "public office" shall include

 

 

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1members of the public body, but it shall not include
2organizational positions filled by members thereof, whether
3established by law or by a public body itself, that exist to
4assist the body in the conduct of its business.
5    "Quasi-adjudicative body" means an administrative body
6charged by law or ordinance with the responsibility to conduct
7hearings, receive evidence or testimony and make
8determinations based thereon, but does not include local
9electoral boards when such bodies are considering petition
10challenges.
11    (e) Final action. No final action may be taken at a closed
12meeting. Final action shall be preceded by a public recital of
13the nature of the matter being considered and other information
14that will inform the public of the business being conducted.
15(Source: P.A. 96-1235, eff. 1-1-11; 96-1378, eff. 7-29-10;
1696-1428, eff. 8-11-10; 97-318, eff. 1-1-12; 97-333, eff.
178-12-11; 97-452, eff. 8-19-11; 97-813, eff. 7-13-12; 97-876,
18eff. 8-1-12.)
 
19    Section 2.1. The Freedom of Information Act is amended by
20changing Section 7.5 as follows:
 
21    (5 ILCS 140/7.5)
22    Sec. 7.5. Statutory Exemptions. To the extent provided for
23by the statutes referenced below, the following shall be exempt
24from inspection and copying:

 

 

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1    (a) All information determined to be confidential under
2Section 4002 of the Technology Advancement and Development Act.
3    (b) Library circulation and order records identifying
4library users with specific materials under the Library Records
5Confidentiality Act.
6    (c) Applications, related documents, and medical records
7received by the Experimental Organ Transplantation Procedures
8Board and any and all documents or other records prepared by
9the Experimental Organ Transplantation Procedures Board or its
10staff relating to applications it has received.
11    (d) Information and records held by the Department of
12Public Health and its authorized representatives relating to
13known or suspected cases of sexually transmissible disease or
14any information the disclosure of which is restricted under the
15Illinois Sexually Transmissible Disease Control Act.
16    (e) Information the disclosure of which is exempted under
17Section 30 of the Radon Industry Licensing Act.
18    (f) Firm performance evaluations under Section 55 of the
19Architectural, Engineering, and Land Surveying Qualifications
20Based Selection Act.
21    (g) Information the disclosure of which is restricted and
22exempted under Section 50 of the Illinois Prepaid Tuition Act.
23    (h) Information the disclosure of which is exempted under
24the State Officials and Employees Ethics Act, and records of
25any lawfully created State or local inspector general's office
26that would be exempt if created or obtained by an Executive

 

 

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1Inspector General's office under that Act.
2    (i) Information contained in a local emergency energy plan
3submitted to a municipality in accordance with a local
4emergency energy plan ordinance that is adopted under Section
511-21.5-5 of the Illinois Municipal Code.
6    (j) Information and data concerning the distribution of
7surcharge moneys collected and remitted by wireless carriers
8under the Wireless Emergency Telephone Safety Act.
9    (k) Law enforcement officer identification information or
10driver identification information compiled by a law
11enforcement agency or the Department of Transportation under
12Section 11-212 of the Illinois Vehicle Code.
13    (l) Records and information provided to a residential
14health care facility resident sexual assault and death review
15team or the Executive Council under the Abuse Prevention Review
16Team Act.
17    (m) Information provided to the predatory lending database
18created pursuant to Article 3 of the Residential Real Property
19Disclosure Act, except to the extent authorized under that
20Article.
21    (n) Defense budgets and petitions for certification of
22compensation and expenses for court appointed trial counsel as
23provided under Sections 10 and 15 of the Capital Crimes
24Litigation Act. This subsection (n) shall apply until the
25conclusion of the trial of the case, even if the prosecution
26chooses not to pursue the death penalty prior to trial or

 

 

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1sentencing.
2    (o) Information that is prohibited from being disclosed
3under Section 4 of the Illinois Health and Hazardous Substances
4Registry Act.
5    (p) Security portions of system safety program plans,
6investigation reports, surveys, schedules, lists, data, or
7information compiled, collected, or prepared by or for the
8Regional Transportation Authority under Section 2.11 of the
9Regional Transportation Authority Act or the St. Clair County
10Transit District under the Bi-State Transit Safety Act.
11    (q) Information prohibited from being disclosed by the
12Personnel Records Review Act.
13    (r) Information prohibited from being disclosed by the
14Illinois School Student Records Act.
15    (s) Information the disclosure of which is restricted under
16Section 5-108 of the Public Utilities Act.
17    (t) All identified or deidentified health information in
18the form of health data or medical records contained in, stored
19in, submitted to, transferred by, or released from the Illinois
20Health Information Exchange, and identified or deidentified
21health information in the form of health data and medical
22records of the Illinois Health Information Exchange in the
23possession of the Illinois Health Information Exchange
24Authority due to its administration of the Illinois Health
25Information Exchange. The terms "identified" and
26"deidentified" shall be given the same meaning as in the Health

 

 

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1Insurance Accountability and Portability Act of 1996, Public
2Law 104-191, or any subsequent amendments thereto, and any
3regulations promulgated thereunder.
4    (u) Records and information provided to an independent team
5of experts under Brian's Law.
6    (v) Names and information of people who have applied for or
7received Firearm Owner's Identification Cards under the
8Firearm Owners Identification Card Act.
9    (w) Personally identifiable information which is exempted
10from disclosure under subsection (g) of Section 19.1 of the
11Toll Highway Act.
12    (x) Information which is exempted from disclosure under
13Section 5-1014.3 of the Counties Code or Section 8-11-21 of the
14Illinois Municipal Code.
15    (y) Confidential information under the Adult Protective
16Services Act and its predecessor enabling statute, the Elder
17Abuse and Neglect Act, including information about the identity
18and administrative finding against any caregiver of a verified
19and substantiated decision of significant abuse, neglect, or
20financial exploitation of an eligible adult maintained in the
21Department of Public Health's Health Care Worker Registry.
22    (z) Records and information provided to an at-risk adult
23fatality review team or the Illinois At-Risk Adult Fatality
24Review Team Advisory Council under Section 15 of the Adult
25Protective Services Act.
26(Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11;

 

 

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196-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff.
28-12-11; 97-342, eff. 8-12-11; 97-813, eff. 7-13-12; 97-976,
3eff. 1-1-13.)
 
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
20adult protective services elder abuse provider agencies or
21regional administrative agencies under the Adult Protective
22Services Act Elder Abuse and Neglect Act, individuals or
23organizations who perform volunteer services for the State
24where such volunteer relationship is reduced to writing,
25individuals who serve on any public entity (whether created by
26law or administrative action) described in paragraph (a) of

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1Senior Illinoisans Hall of Fame for the public display of all
2the annual awards, or replicas thereof.
3    (16) To establish multipurpose senior centers through area
4agencies on aging and to fund those new and existing
5multipurpose senior centers through area agencies on aging, the
6establishment and funding to begin in such areas of the State
7as the Department shall designate by rule and as specifically
8appropriated funds become available.
9    (17) To develop the content and format of the
10acknowledgment regarding non-recourse reverse mortgage loans
11under Section 6.1 of the Illinois Banking Act; to provide
12independent consumer information on reverse mortgages and
13alternatives; and to refer consumers to independent counseling
14services with expertise in reverse mortgages.
15    (18) To develop a pamphlet in English and Spanish which may
16be used by physicians licensed to practice medicine in all of
17its branches pursuant to the Medical Practice Act of 1987,
18pharmacists licensed pursuant to the Pharmacy Practice Act, and
19Illinois residents 65 years of age or older for the purpose of
20assisting physicians, pharmacists, and patients in monitoring
21prescriptions provided by various physicians and to aid persons
2265 years of age or older in complying with directions for
23proper use of pharmaceutical prescriptions. The pamphlet may
24provide space for recording information including but not
25limited to the following:
26        (a) name and telephone number of the patient;

 

 

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

 

 

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

 

 

09800HB0948ham001- 24 -LRB098 06332 KTG 44528 a

1        (e) issues of time limits for redemption of service
2    credits;
3        (f) methods of recruitment of volunteers;
4        (g) utilization of community volunteers, community
5    service groups, and other resources for delivering
6    services to be received by service credit program clients;
7        (h) accountability and assurance that services will be
8    available to individuals who have earned service credits;
9    and
10        (i) volunteer screening and qualifications.
11The Department shall submit a written copy of the guidelines to
12the General Assembly by July 1, 1998.
13    (24) To function as the sole State agency to receive and
14disburse State and federal funds for providing adult protective
15services in a domestic living situation in accordance with the
16Adult Protective Services Act.
17(Source: P.A. 95-298, eff. 8-20-07; 95-689, eff. 10-29-07;
1895-876, eff. 8-21-08; 96-918, eff. 6-9-10.)
 
19    Section 10. The Department of Human Services Act is amended
20by changing Section 1-17 as follows:
 
21    (20 ILCS 1305/1-17)
22    Sec. 1-17. Inspector General.
23    (a) Nature and purpose. It is the express intent of the
24General Assembly to ensure the health, safety, and financial

 

 

09800HB0948ham001- 25 -LRB098 06332 KTG 44528 a

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

 

 

09800HB0948ham001- 26 -LRB098 06332 KTG 44528 a

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

 

 

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

 

 

09800HB0948ham001- 28 -LRB098 06332 KTG 44528 a

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

 

 

09800HB0948ham001- 29 -LRB098 06332 KTG 44528 a

1either an individual's maladaptive behavior or the
2deterioration of an individual's physical condition or mental
3condition, or (iii) places the individual's health or safety at
4substantial risk.
5    "Physical abuse" means an employee's non-accidental and
6inappropriate contact with an individual that causes bodily
7harm. "Physical abuse" includes actions that cause bodily harm
8as a result of an employee directing an individual or person to
9physically abuse another individual.
10    "Recommendation" means an admonition, separate from a
11finding, that requires action by the facility, agency, or
12Department to correct a systemic issue, problem, or deficiency
13identified during an investigation.
14    "Required reporter" means any employee who suspects,
15witnesses, or is informed of an allegation of any one or more
16of the following: mental abuse, physical abuse, sexual abuse,
17neglect, or financial exploitation.
18    "Secretary" means the Chief Administrative Officer of the
19Department.
20    "Sexual abuse" means any sexual contact or intimate
21physical contact between an employee and an individual,
22including an employee's coercion or encouragement of an
23individual to engage in sexual behavior that results in sexual
24contact, intimate physical contact, sexual behavior, or
25intimate physical behavior.
26    "Substantiated" means there is a preponderance of the

 

 

09800HB0948ham001- 30 -LRB098 06332 KTG 44528 a

1evidence to support the allegation.
2    "Unfounded" means there is no credible evidence to support
3the allegation.
4    "Unsubstantiated" means there is credible evidence, but
5less than a preponderance of evidence to support the
6allegation.
7    (c) Appointment. The Governor shall appoint, and the Senate
8shall confirm, an Inspector General. The Inspector General
9shall be appointed for a term of 4 years and shall function
10within the Department of Human Services and report to the
11Secretary and the Governor.
12    (d) Operation and appropriation. The Inspector General
13shall function independently within the Department with
14respect to the operations of the Office, including the
15performance of investigations and issuance of findings and
16recommendations. The appropriation for the Office of Inspector
17General shall be separate from the overall appropriation for
18the Department.
19    (e) Powers and duties. The Inspector General shall
20investigate reports of suspected mental abuse, physical abuse,
21sexual abuse, neglect, or financial exploitation of
22individuals in any mental health or developmental disabilities
23facility or agency and shall have authority to take immediate
24action to prevent any one or more of the following from
25happening to individuals under its jurisdiction: mental abuse,
26physical abuse, sexual abuse, neglect, or financial

 

 

09800HB0948ham001- 31 -LRB098 06332 KTG 44528 a

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

 

 

09800HB0948ham001- 32 -LRB098 06332 KTG 44528 a

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

 

 

09800HB0948ham001- 33 -LRB098 06332 KTG 44528 a

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

 

 

09800HB0948ham001- 34 -LRB098 06332 KTG 44528 a

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

 

 

09800HB0948ham001- 35 -LRB098 06332 KTG 44528 a

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

 

 

09800HB0948ham001- 36 -LRB098 06332 KTG 44528 a

1    retaliatory action against an employee who acts in good
2    faith in conformance with his or her duties as a required
3    reporter.
4    (l) Reporting to law enforcement.
5        (1) Reporting criminal acts. Within 24 hours after
6    determining that there is credible evidence indicating
7    that a criminal act may have been committed or that special
8    expertise may be required in an investigation, the
9    Inspector General shall notify the Department of State
10    Police or other appropriate law enforcement authority, or
11    ensure that such notification is made. The Department of
12    State Police shall investigate any report from a
13    State-operated facility indicating a possible murder,
14    sexual assault, or other felony by an employee. All
15    investigations conducted by the Inspector General shall be
16    conducted in a manner designed to ensure the preservation
17    of evidence for possible use in a criminal prosecution.
18        (2) Reporting allegations of adult students with
19    disabilities. Upon receipt of a reportable allegation
20    regarding an adult student with a disability, the
21    Department's Office of the Inspector General shall
22    determine whether the allegation meets the criteria for the
23    Domestic Abuse Program under the Abuse of Adults with
24    Disabilities Intervention Act. If the allegation is
25    reportable to that program, the Office of the Inspector
26    General shall initiate an investigation. If the allegation

 

 

09800HB0948ham001- 37 -LRB098 06332 KTG 44528 a

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

 

 

09800HB0948ham001- 38 -LRB098 06332 KTG 44528 a

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

 

 

09800HB0948ham001- 39 -LRB098 06332 KTG 44528 a

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

 

 

09800HB0948ham001- 40 -LRB098 06332 KTG 44528 a

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

 

 

09800HB0948ham001- 41 -LRB098 06332 KTG 44528 a

1    (i) Department licensing, (ii) funding, or (iii)
2    certification.
3    The Inspector General may seek the assistance of the
4Illinois Attorney General or the office of any State's Attorney
5in implementing sanctions.
6    (s) Health care worker registry.
7        (1) Reporting to the registry. The Inspector General
8    shall report to the Department of Public Health's health
9    care worker registry, a public registry, the identity and
10    finding of each employee of a facility or agency against
11    whom there is a final investigative report containing a
12    substantiated allegation of physical or sexual abuse or
13    egregious neglect of an individual.
14        (2) Notice to employee. Prior to reporting the name of
15    an employee, the employee shall be notified of the
16    Department's obligation to report and shall be granted an
17    opportunity to request an administrative hearing, the sole
18    purpose of which is to determine if the substantiated
19    finding warrants reporting to the registry. Notice to the
20    employee shall contain a clear and concise statement of the
21    grounds on which the report to the registry is based, offer
22    the employee an opportunity for a hearing, and identify the
23    process for requesting such a hearing. Notice is sufficient
24    if provided by certified mail to the employee's last known
25    address. If the employee fails to request a hearing within
26    30 days from the date of the notice, the Inspector General

 

 

09800HB0948ham001- 42 -LRB098 06332 KTG 44528 a

1    shall report the name of the employee to the registry.
2    Nothing in this subdivision (s)(2) shall diminish or impair
3    the rights of a person who is a member of a collective
4    bargaining unit under the Illinois Public Labor Relations
5    Act or under any other federal labor statute.
6        (3) Registry hearings. If the employee requests an
7    administrative hearing, the employee shall be granted an
8    opportunity to appear before an administrative law judge to
9    present reasons why the employee's name should not be
10    reported to the registry. The Department shall bear the
11    burden of presenting evidence that establishes, by a
12    preponderance of the evidence, that the substantiated
13    finding warrants reporting to the registry. After
14    considering all the evidence presented, the administrative
15    law judge shall make a recommendation to the Secretary as
16    to whether the substantiated finding warrants reporting
17    the name of the employee to the registry. The Secretary
18    shall render the final decision. The Department and the
19    employee shall have the right to request that the
20    administrative law judge consider a stipulated disposition
21    of these proceedings.
22        (4) Testimony at registry hearings. A person who makes
23    a report or who investigates a report under this Act shall
24    testify fully in any judicial proceeding resulting from
25    such a report, as to any evidence of abuse or neglect, or
26    the cause thereof. No evidence shall be excluded by reason

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1program audit of the Office of the Inspector General on an
2as-needed basis, as determined by the Auditor General. The
3audit shall specifically include the Inspector General's
4compliance with the Act and effectiveness in investigating
5reports of allegations occurring in any facility or agency. The
6Auditor General shall conduct the program audit according to
7the provisions of the Illinois State Auditing Act and shall
8report its findings to the General Assembly no later than
9January 1 following the audit period.
10    (x) Nothing in this Section shall be construed to mean that
11a patient is a victim of abuse or neglect because of health
12care services appropriately provided or not provided by health
13care professionals.
14    (y) Nothing in this Section shall require a facility,
15including its employees, agents, medical staff members, and
16health care professionals, to provide a service to a patient in
17contravention of that patient's stated or implied objection to
18the provision of that service on the ground that that service
19conflicts with the patient's religious beliefs or practices,
20nor shall the failure to provide a service to a patient be
21considered abuse under this Section if the patient has objected
22to the provision of that service based on his or her religious
23beliefs or practices.
24(Source: P.A. 95-545, eff. 8-28-07; 96-339, eff. 7-1-10;
2596-407, eff. 8-13-09; 96-555, eff. 8-18-09; 96-1000, eff.
267-2-10; 96-1446, eff. 8-20-10.)
 

 

 

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1    (20 ILCS 2435/Act rep.)
2    Section 11. The Abuse of Adults with Disabilities
3Intervention Act is repealed.
 
4    Section 12. The Illinois Police Training Act is amended by
5changing Section 7 as follows:
 
6    (50 ILCS 705/7)  (from Ch. 85, par. 507)
7    Sec. 7. Rules and standards for schools. The Board shall
8adopt rules and minimum standards for such schools which shall
9include but not be limited to the following:
10    a. The curriculum for probationary police officers which
11shall be offered by all certified schools shall include but not
12be limited to courses of arrest, search and seizure, civil
13rights, human relations, cultural diversity, including racial
14and ethnic sensitivity, criminal law, law of criminal
15procedure, vehicle and traffic law including uniform and
16non-discriminatory enforcement of the Illinois Vehicle Code,
17traffic control and accident investigation, techniques of
18obtaining physical evidence, court testimonies, statements,
19reports, firearms training, first-aid (including
20cardiopulmonary resuscitation), handling of juvenile
21offenders, recognition of mental conditions which require
22immediate assistance and methods to safeguard and provide
23assistance to a person in need of mental treatment, recognition

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    Reconciliation Act of 1996. Any bank governed by this Act
2    shall enter into an agreement for data exchanges with a
3    State agency provided the State agency pays to the bank a
4    reasonable fee not to exceed its actual cost incurred. A
5    bank providing information in accordance with this item
6    shall not be liable to any account holder or other person
7    for any disclosure of information to a State agency, for
8    encumbering or surrendering any assets held by the bank 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 bank shall have no obligation to
14    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        (15) The exchange in the regular course of business of
18    information between a bank and any commonly owned affiliate
19    of the bank, subject to the provisions of the Financial
20    Institutions Insurance Sales Law.
21        (16) The furnishing of information to law enforcement
22    authorities, the Illinois Department on Aging and its
23    regional administrative and provider agencies, the
24    Department of Human Services Office of Inspector General,
25    or public guardians: (i) upon subpoena by the investigatory
26    entity or the guardian, or (ii) if there is suspicion by

 

 

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

 

 

09800HB0948ham001- 57 -LRB098 06332 KTG 44528 a

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

 

 

09800HB0948ham001- 58 -LRB098 06332 KTG 44528 a

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

 

 

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1only after the bank mails a copy of the subpoena, summons,
2warrant, citation to discover assets, or court order to the
3person establishing the relationship with the bank, if living,
4and, otherwise his personal representative, if known, at his
5last known address by first class mail, postage prepaid, unless
6the bank is specifically prohibited from notifying the person
7by order of court or by applicable State or federal law. A bank
8shall not mail a copy of a subpoena to any person pursuant to
9this subsection if the subpoena was issued by a grand jury
10under the Statewide Grand Jury Act.
11    (e) Any officer or employee of a bank who knowingly and
12willfully furnishes financial records in violation of this
13Section is guilty of a business offense and, upon conviction,
14shall be fined not more than $1,000.
15    (f) Any person who knowingly and willfully induces or
16attempts to induce any officer or employee of a bank to
17disclose financial records in violation of this Section is
18guilty of a business offense and, upon conviction, shall be
19fined not more than $1,000.
20    (g) A bank shall be reimbursed for costs that are
21reasonably necessary and that have been directly incurred in
22searching for, reproducing, or transporting books, papers,
23records, or other data of a customer required or requested to
24be produced pursuant to a lawful subpoena, summons, warrant,
25citation to discover assets, or court order. The Commissioner
26shall determine the rates and conditions under which payment

 

 

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1may be made.
2(Source: P.A. 94-495, eff. 8-8-05; 94-851, eff. 6-13-06;
395-661, eff. 1-1-08.)
 
4    Section 14. The Illinois Savings and Loan Act of 1985 is
5amended by changing Section 3-8 as follows:
 
6    (205 ILCS 105/3-8)  (from Ch. 17, par. 3303-8)
7    Sec. 3-8. Access to books and records; communication with
8members.
9    (a) Every member or holder of capital shall have the right
10to inspect the books and records of the association that
11pertain to his account. Otherwise, the right of inspection and
12examination of the books and records shall be limited as
13provided in this Act, and no other person shall have access to
14the books and records or shall be entitled to a list of the
15members.
16    (b) For the purpose of this Section, the term "financial
17records" means any original, any copy, or any summary of (i) a
18document granting signature authority over a deposit or
19account; (ii) a statement, ledger card, or other record on any
20deposit or account that shows each transaction in or with
21respect to that account; (iii) a check, draft, or money order
22drawn on an association or issued and payable by an
23association; or (iv) any other item containing information
24pertaining to any relationship established in the ordinary

 

 

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

 

 

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

 

 

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

 

 

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

 

 

09800HB0948ham001- 65 -LRB098 06332 KTG 44528 a

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

 

 

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

 

 

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

 

 

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1communication. The requesting member then shall submit the
2communication to the Commissioner who, if he finds it to be
3appropriate and truthful, shall direct that it be prepared and
4mailed to the members upon the requesting member's payment or
5adequate provision for payment of the expenses of preparation
6and mailing.
7    (h) An association shall be reimbursed for costs that are
8necessary and that have been directly incurred in searching
9for, reproducing, or transporting books, papers, records, or
10other data of a customer required to be reproduced pursuant to
11a lawful subpoena, warrant, citation to discover assets, or
12court order.
13(Source: P.A. 94-495, eff. 8-8-05; 94-851, eff. 6-13-06;
1495-661, eff. 1-1-08.)
 
15    Section 15. The Savings Bank Act is amended by changing
16Section 4013 as follows:
 
17    (205 ILCS 205/4013)  (from Ch. 17, par. 7304-13)
18    Sec. 4013. Access to books and records; communication with
19members and shareholders.
20    (a) Every member or shareholder shall have the right to
21inspect books and records of the savings bank that pertain to
22his accounts. Otherwise, the right of inspection and
23examination of the books and records shall be limited as
24provided in this Act, and no other person shall have access to

 

 

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1the books and records nor shall be entitled to a list of the
2members or shareholders.
3    (b) For the purpose of this Section, the term "financial
4records" means any original, any copy, or any summary of (1) a
5document granting signature authority over a deposit or
6account; (2) a statement, ledger card, or other record on any
7deposit or account that shows each transaction in or with
8respect to that account; (3) a check, draft, or money order
9drawn on a savings bank or issued and payable by a savings
10bank; or (4) any other item containing information pertaining
11to any relationship established in the ordinary course of a
12savings bank's business between a savings bank and its
13customer, including financial statements or other financial
14information provided by the member or shareholder.
15    (c) This Section does not prohibit:
16        (1) The preparation examination, handling, or
17    maintenance of any financial records by any officer,
18    employee, or agent of a savings bank having custody of
19    records or examination of records by a certified public
20    accountant engaged by the savings bank to perform an
21    independent audit.
22        (2) The examination of any financial records by, or the
23    furnishing of financial records by a savings bank to, any
24    officer, employee, or agent of the Commissioner of Banks
25    and Real Estate or the federal depository institution
26    regulator for use solely in the exercise of his duties as

 

 

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

 

 

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

 

 

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

 

 

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

 

 

09800HB0948ham001- 74 -LRB098 06332 KTG 44528 a

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

 

 

09800HB0948ham001- 75 -LRB098 06332 KTG 44528 a

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

 

 

09800HB0948ham001- 76 -LRB098 06332 KTG 44528 a

1guilty of a business offense and, upon conviction, shall be
2fined not more than $1,000.
3    (h) If any member or shareholder desires to communicate
4with the other members or shareholders of the savings bank with
5reference to any question pending or to be presented at an
6annual or special meeting, the savings bank shall give that
7person, upon request, a statement of the approximate number of
8members or shareholders entitled to vote at the meeting and an
9estimate of the cost of preparing and mailing the
10communication. The requesting member shall submit the
11communication to the Commissioner who, upon finding it to be
12appropriate and truthful, shall direct that it be prepared and
13mailed to the members upon the requesting member's or
14shareholder's payment or adequate provision for payment of the
15expenses of preparation and mailing.
16    (i) A savings bank shall be reimbursed for costs that are
17necessary and that have been directly incurred in searching
18for, reproducing, or transporting books, papers, records, or
19other data of a customer required to be reproduced pursuant to
20a lawful subpoena, warrant, citation to discover assets, or
21court order.
22    (j) Notwithstanding the provisions of this Section, a
23savings bank may sell or otherwise make use of lists of
24customers' names and addresses. All other information
25regarding a customer's account are subject to the disclosure
26provisions of this Section. At the request of any customer,

 

 

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1that customer's name and address shall be deleted from any list
2that is to be sold or used in any other manner beyond
3identification of the customer's accounts.
4(Source: P.A. 94-495, eff. 8-8-05; 94-851, eff. 6-13-06;
595-661, eff. 1-1-08.)
 
6    Section 16. The Illinois Credit Union Act is amended by
7changing Section 10 as follows:
 
8    (205 ILCS 305/10)  (from Ch. 17, par. 4411)
9    Sec. 10. Credit union records; member financial records.
10    (1) A credit union shall establish and maintain books,
11records, accounting systems and procedures which accurately
12reflect its operations and which enable the Department to
13readily ascertain the true financial condition of the credit
14union and whether it is complying with this Act.
15    (2) A photostatic or photographic reproduction of any
16credit union records shall be admissible as evidence of
17transactions with the credit union.
18    (3)(a) For the purpose of this Section, the term "financial
19records" means any original, any copy, or any summary of (1) a
20document granting signature authority over an account, (2) a
21statement, ledger card or other record on any account which
22shows each transaction in or with respect to that account, (3)
23a check, draft or money order drawn on a financial institution
24or other entity or issued and payable by or through a financial

 

 

09800HB0948ham001- 78 -LRB098 06332 KTG 44528 a

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

 

 

09800HB0948ham001- 79 -LRB098 06332 KTG 44528 a

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1Practice Act is amended by changing Section 16 as follows:
 
2    (225 ILCS 20/16)  (from Ch. 111, par. 6366)
3    (Section scheduled to be repealed on January 1, 2018)
4    Sec. 16. Privileged Communications and Exceptions.
5    1. No licensed clinical social worker or licensed social
6worker shall disclose any information acquired from persons
7consulting the social worker in a professional capacity, except
8that which may be voluntarily disclosed under the following
9circumstances:
10        (a) In the course of formally reporting, conferring or
11    consulting with administrative superiors, colleagues or
12    consultants who share professional responsibility,
13    including a professional responsibility to maintain
14    confidentiality, in which instance all recipients of such
15    information are similarly bound to regard the
16    communication as privileged;
17        (b) With the written consent of the person who provided
18    the information;
19        (c) In case of death or disability, with the written
20    consent of a personal representative, other person
21    authorized to sue, or the beneficiary of an insurance
22    policy on the person's life, health or physical condition;
23        (d) When a communication reveals the intended
24    commission of a crime or harmful act and such disclosure is
25    judged necessary by the licensed clinical social worker or

 

 

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

 

 

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1Neglected Child Reporting Act.
2    3. Any person having access to records or any one who
3participates in providing social work services or who, in
4providing any human services, is supervised by a licensed
5clinical social worker or licensed social worker, is similarly
6bound to regard all information and communications as
7privileged in accord with this Section.
8    4. Nothing shall be construed to prohibit a licensed
9clinical social worker or licensed social worker from
10voluntarily testifying in court hearings concerning matters of
11adoption, child abuse, child neglect or other matters
12pertaining to children, except as provided under the Abused and
13Neglected Child Reporting Act.
14    5. The Mental Health and Developmental Disabilities
15Confidentiality Act, as now or hereafter amended, is
16incorporated herein as if all of its provisions were included
17in this Act.
18(Source: P.A. 96-71, eff. 7-23-09.)
 
19    Section 19. The Respiratory Care Practice Act is amended by
20changing Section 95 as follows:
 
21    (225 ILCS 106/95)
22    (Section scheduled to be repealed on January 1, 2016)
23    Sec. 95. Grounds for discipline.
24    (a) The Department may refuse to issue, renew, or may

 

 

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1revoke, suspend, place on probation, reprimand, or take other
2disciplinary action as the Department considers appropriate,
3including the issuance of fines not to exceed $5,000 for each
4violation, with regard to any license for any one or more of
5the following:
6        (1) Material misstatement in furnishing information to
7    the Department or to any other State or federal agency.
8        (2) Violations of this Act, or any of its rules.
9        (3) Conviction of any crime under the laws of the
10    United States or any state or territory thereof that is a
11    felony or a misdemeanor, an essential element of which is
12    dishonesty, or of any crime that is directly related to the
13    practice of the profession.
14        (4) Making any misrepresentation for the purpose of
15    obtaining a license.
16        (5) Professional incompetence or negligence in the
17    rendering of respiratory care services.
18        (6) Malpractice.
19        (7) Aiding or assisting another person in violating any
20    rules or provisions of this Act.
21        (8) Failing to provide information within 60 days in
22    response to a written request made by the Department.
23        (9) Engaging in dishonorable, unethical, or
24    unprofessional conduct of a character likely to deceive,
25    defraud, or harm the public.
26        (10) Violating the rules of professional conduct

 

 

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

 

 

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

 

 

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1    Child Reporting Act.
2        (23) Habitual or excessive use or addiction to alcohol,
3    narcotics, stimulants, or any other chemical agent or drug
4    that results in an inability to practice with reasonable
5    skill, judgment, or safety.
6        (24) Being named as a perpetrator in an indicated
7    report by the Department on Aging under the Adult
8    Protective Services Act Elder Abuse and Neglect Act, and
9    upon proof by clear and convincing evidence that the
10    licensee has caused an adult with disabilities or an older
11    adult elderly person to be abused or neglected as defined
12    in the Adult Protective Services Act Elder Abuse and
13    Neglect Act.
14        (25) Willfully failing to report an instance of
15    suspected elder abuse, or neglect, financial exploitation,
16    or self-neglect of an adult with disabilities or an older
17    adult as required by the Adult Protective Services Act
18    Elder Abuse and Neglect Act.
19    (b) The determination by a court that a licensee is subject
20to involuntary admission or judicial admission as provided in
21the Mental Health and Developmental Disabilities Code will
22result in an automatic suspension of his or her license. The
23suspension will end upon a finding by a court that the licensee
24is no longer subject to involuntary admission or judicial
25admission, the issuance of an order so finding and discharging
26the patient, and the recommendation of the Board to the

 

 

09800HB0948ham001- 96 -LRB098 06332 KTG 44528 a

1Director that the licensee be allowed to resume his or her
2practice.
3(Source: P.A. 96-1482, eff. 11-29-10.)
 
4    Section 20. The Professional Counselor and Clinical
5Professional Counselor Licensing and Practice Act is amended by
6changing Sections 75 and 80 as follows:
 
7    (225 ILCS 107/75)
8    (Section scheduled to be repealed on January 1, 2023)
9    Sec. 75. Privileged communications and exceptions.
10    (a) No licensed professional counselor or licensed
11clinical professional counselor shall disclose any information
12acquired from persons consulting the counselor in a
13professional capacity, except that which may be voluntarily
14disclosed under the following circumstances:
15        (1) In the course of formally reporting, conferring, or
16    consulting with administrative superiors, colleagues, or
17    consultants who share professional responsibility, in
18    which instance all recipients of the information are
19    similarly bound to regard the communication as privileged;
20        (2) With the written consent of the person who provided
21    the information;
22        (3) In the case of death or disability, with the
23    written consent of a personal representative, other person
24    authorized to sue, or the beneficiary of an insurance

 

 

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1    policy on the person's life, health or physical condition;
2        (4) When a communication reveals the intended
3    commission of a crime or harmful act and such disclosure is
4    judged necessary by the licensed professional counselor or
5    licensed clinical professional counselor to protect any
6    person from a clear, imminent risk of serious mental or
7    physical harm or injury, or to forestall a serious threat
8    to the public safety; or
9        (5) When the person waives the privilege by bringing
10    any public charges against the licensee.
11    (b) When the person is a minor under the laws of the State
12of Illinois and the information acquired by the licensed
13professional counselor or licensed clinical professional
14counselor indicates the minor was the victim or subject of a
15crime, the licensed professional counselor or licensed
16clinical professional counselor may be required to testify in
17any judicial proceedings in which the commission of that crime
18is the subject of inquiry when, after in camera review of the
19information that the licensed professional counselor or
20licensed clinical professional counselor acquired, the court
21determines that the interests of the minor in having the
22information held privileged are outweighed by the requirements
23of justice, the need to protect the public safety or the need
24to protect the minor, except as provided under the Abused and
25Neglected Child Reporting Act.
26    (c) Any person having access to records or anyone who

 

 

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1participates in providing professional counseling or clinical
2professional counseling services, or, in providing any human
3services, is supervised by a licensed professional counselor or
4licensed clinical professional counselor, is similarly bound
5to regard all information and communications as privileged in
6accord with this Section.
7    (d) Nothing in this Act shall be construed to prohibit a
8licensed professional counselor or licensed clinical
9professional counselor from voluntarily testifying in court
10hearings concerning matters of adoption, child abuse, child
11neglect or other matters pertaining to children, except as
12provided under the Abused and Neglected Child Reporting Act and
13matters pertaining to adults with disabilities and older adults
14elders as set forth in the Adult Protective Services Act Elder
15Abuse and Neglect Act.
16    (e) The Mental Health and Developmental Disabilities
17Confidentiality Act is incorporated herein as if all of its
18provisions were included in this Act. In the event of a
19conflict between the application of this Section and the Mental
20Health and Developmental Disabilities Confidentiality Act to a
21specific situation, the provisions of the Mental Health and
22Developmental Disabilities Confidentiality Act shall control.
23    (f) Licensed professional counselors and licensed clinical
24professional counselors when performing professional
25counseling services or clinical professional counseling
26services shall comply with counselor licensure rules and laws

 

 

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1contained in this Section and Section 80 of this Act regardless
2of their employment or work setting.
3(Source: P.A. 97-706, eff. 6-25-12.)
 
4    (225 ILCS 107/80)
5    (Section scheduled to be repealed on January 1, 2023)
6    Sec. 80. Grounds for discipline.
7    (a) The Department may refuse to issue, renew, or may
8revoke, suspend, place on probation, reprimand, or take other
9disciplinary or non-disciplinary action as the Department
10deems appropriate, including the issuance of fines not to
11exceed $10,000 for each violation, with regard to any license
12for any one or more of the following:
13        (1) Material misstatement in furnishing information to
14    the Department or to any other State agency.
15        (2) Violations or negligent or intentional disregard
16    of this Act or rules adopted under this Act.
17        (3) Conviction by plea of guilty or nolo contendere,
18    finding of guilt, jury verdict, or entry of judgment or by
19    sentencing of any crime, including, but not limited to,
20    convictions, preceding sentences of supervision,
21    conditional discharge, or first offender probation, under
22    the laws of any jurisdiction of the United States: (i) that
23    is a felony or (ii) that is a misdemeanor, an essential
24    element of which is dishonesty, or that is directly related
25    to the practice of the profession.

 

 

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1        (4) Fraud or any misrepresentation in applying for or
2    procuring a license under this Act or in connection with
3    applying for renewal of a license under this Act.
4        (5) Professional incompetence or gross negligence in
5    the rendering of professional counseling or clinical
6    professional counseling services.
7        (6) Malpractice.
8        (7) Aiding or assisting another person in violating any
9    provision of this Act or any rules.
10        (8) Failing to provide information within 60 days in
11    response to a written request made by the Department.
12        (9) Engaging in dishonorable, unethical, or
13    unprofessional conduct of a character likely to deceive,
14    defraud, or harm the public and violating the rules of
15    professional conduct adopted by the Department.
16        (10) Habitual or excessive use or abuse of drugs as
17    defined in law as controlled substances, alcohol, or any
18    other substance which results in inability to practice with
19    reasonable skill, judgment, or safety.
20        (11) Discipline by another jurisdiction, the District
21    of Columbia, territory, county, or governmental agency, if
22    at least one of the grounds for the discipline is the same
23    or substantially equivalent to those set forth in this
24    Section.
25        (12) Directly or indirectly giving to or receiving from
26    any person, firm, corporation, partnership, or association

 

 

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

 

 

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1    and older adults as set forth in the Adult Protective
2    Services Act Elder Abuse and Neglect Act.
3        (17) Being named as a perpetrator in an indicated
4    report by the Department of Children and Family Services
5    pursuant to the Abused and Neglected Child Reporting Act,
6    and upon proof by clear and convincing evidence that the
7    licensee has caused a child to be an abused child or
8    neglected child as defined in the Abused and Neglected
9    Child Reporting Act.
10        (18) Physical or mental illness or disability,
11    including, but not limited to, deterioration through the
12    aging process or loss of abilities and skills which results
13    in the inability to practice the profession with reasonable
14    judgment, skill, or safety.
15        (19) Solicitation of professional services by using
16    false or misleading advertising.
17        (20) Allowing one's license under this Act to be used
18    by an unlicensed person in violation of this Act.
19        (21) A finding that licensure has been applied for or
20    obtained by fraudulent means.
21        (22) Practicing under a false or, except as provided by
22    law, an assumed name.
23        (23) Gross and willful overcharging for professional
24    services including filing statements for collection of
25    fees or monies for which services are not rendered.
26        (24) Rendering professional counseling or clinical

 

 

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1    professional counseling services without a license or
2    practicing outside the scope of a license.
3        (25) Clinical supervisors failing to adequately and
4    responsibly monitor supervisees.
5    All fines imposed under this Section shall be paid within
660 days after the effective date of the order imposing the
7fine.
8    (b) The Department shall deny, without hearing, any
9application or renewal for a license under this Act to any
10person who has defaulted on an educational loan guaranteed by
11the Illinois State Assistance Commission or any governmental
12agency of this State in accordance with item (5) of subsection
13(a) of Section 2105-15 of the Department of Professional
14Regulation Law of the Civil Administrative Code of Illinois.
15    (b-5) The Department may refuse to issue or may suspend
16without hearing, as provided for in the Code of Civil
17Procedure, the license of any person who fails to file a
18return, pay the tax, penalty, or interest shown in a filed
19return, or pay any final assessment of the tax, penalty, or
20interest as required by any tax Act administered by the
21Illinois Department of Revenue, until such time as the
22requirements of any such tax Act are satisfied in accordance
23with subsection (g) of Section 2105-15 of the Department of
24Professional Regulation Law of the Civil Administrative Code of
25Illinois.
26    (b-10) In cases where the Department of Healthcare and

 

 

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1Family Services has previously determined a licensee or a
2potential licensee is more than 30 days delinquent in the
3payment of child support and has subsequently certified the
4delinquency to the Department, the Department may refuse to
5issue or renew or may revoke or suspend that person's license
6or may take other disciplinary action against that person based
7solely upon the certification of delinquency made by the
8Department of Healthcare and Family Services in accordance with
9item (5) of subsection (a) of Section 2105-15 of the Department
10of Professional Regulation Law of the Civil Administrative Code
11of Illinois.
12    (c) The determination by a court that a licensee is subject
13to involuntary admission or judicial admission as provided in
14the Mental Health and Developmental Disabilities Code will
15result in an automatic suspension of his or her license. The
16suspension will end upon a finding by a court that the licensee
17is no longer subject to involuntary admission or judicial
18admission, the issuance of an order so finding and discharging
19the patient, and the recommendation of the Board to the
20Secretary that the licensee be allowed to resume professional
21practice.
22    (c-5) In enforcing this Act, the Department, upon a showing
23of a possible violation, may compel an individual licensed to
24practice under this Act, or who has applied for licensure under
25this Act, to submit to a mental or physical examination, or
26both, as required by and at the expense of the Department. The

 

 

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1Department may order the examining physician to present
2testimony concerning the mental or physical examination of the
3licensee or applicant. No information shall be excluded by
4reason of any common law or statutory privilege relating to
5communications between the licensee or applicant and the
6examining physician. The examining physicians shall be
7specifically designated by the Department. The individual to be
8examined may have, at his or her own expense, another physician
9of his or her choice present during all aspects of this
10examination. The examination shall be performed by a physician
11licensed to practice medicine in all its branches. Failure of
12an individual to submit to a mental or physical examination,
13when directed, shall result in an automatic suspension without
14hearing.
15    A person holding a license under this Act or who has
16applied for a license under this Act who, because of a physical
17or mental illness or disability, including, but not limited to,
18deterioration through the aging process or loss of motor skill,
19is unable to practice the profession with reasonable judgment,
20skill, or safety, may be required by the Department to submit
21to care, counseling, or treatment by physicians approved or
22designated by the Department as a condition, term, or
23restriction for continued, reinstated, or renewed licensure to
24practice. Submission to care, counseling, or treatment as
25required by the Department shall not be considered discipline
26of a license. If the licensee refuses to enter into a care,

 

 

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1counseling, or treatment agreement or fails to abide by the
2terms of the agreement, the Department may file a complaint to
3revoke, suspend, or otherwise discipline the license of the
4individual. The Secretary may order the license suspended
5immediately, pending a hearing by the Department. Fines shall
6not be assessed in disciplinary actions involving physical or
7mental illness or impairment.
8    In instances in which the Secretary immediately suspends a
9person's license under this Section, a hearing on that person's
10license must be convened by the Department within 15 days after
11the suspension and completed without appreciable delay. The
12Department shall have the authority to review the subject
13individual's record of treatment and counseling regarding the
14impairment to the extent permitted by applicable federal
15statutes and regulations safeguarding the confidentiality of
16medical records.
17    An individual licensed under this Act and affected under
18this Section shall be afforded an opportunity to demonstrate to
19the Department that he or she can resume practice in compliance
20with acceptable and prevailing standards under the provisions
21of his or her license.
22    (d) (Blank).
23(Source: P.A. 96-1482, eff. 11-29-10; 97-706, eff. 6-25-12.)
 
24    Section 21. The Elder Abuse and Neglect Act is amended by
25changing the title of the Act and by changing Sections 1, 2, 3,

 

 

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13.5, 4, 4.1, 5, 8, 9, and 15 and by adding Sections 7.1, 7.5,
2and 15.5 as follows:
 
3    (320 ILCS 20/Act title)
4An Act in relation to adult protective services the abuse
5and neglect of elderly persons.
 
6    (320 ILCS 20/1)  (from Ch. 23, par. 6601)
7    Sec. 1. Short title. This Act shall be known and may be
8cited as the Adult Protective Services Act "Elder Abuse and
9Neglect Act".
10(Source: P.A. 85-1184.)
 
11    (320 ILCS 20/2)  (from Ch. 23, par. 6602)
12    Sec. 2. Definitions. As used in this Act, unless the
13context requires otherwise:
14    (a) "Abuse" means causing any physical, mental or sexual
15injury to an eligible adult, including exploitation of such
16adult's financial resources.
17    Nothing in this Act shall be construed to mean that an
18eligible adult is a victim of abuse, neglect, or self-neglect
19for the sole reason that he or she is being furnished with or
20relies upon treatment by spiritual means through prayer alone,
21in accordance with the tenets and practices of a recognized
22church or religious denomination.
23    Nothing in this Act shall be construed to mean that an

 

 

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1eligible adult is a victim of abuse because of health care
2services provided or not provided by licensed health care
3professionals.
4    (a-5) "Abuser" means a person who abuses, neglects, or
5financially exploits an eligible adult.
6    (a-6) "Adult with disabilities" means a person aged 18
7through 59 who resides in a domestic living situation and whose
8disability impairs his or her ability to seek or obtain
9protection from abuse, neglect, or exploitation.
10    (a-7) "Caregiver" means a person who either as a result of
11a family relationship, voluntarily, or in exchange for
12compensation has assumed responsibility for all or a portion of
13the care of an eligible adult who needs assistance with
14activities of daily living.
15    (b) "Department" means the Department on Aging of the State
16of Illinois.
17    (c) "Director" means the Director of the Department.
18    (c-5) "Disability" means a physical or mental disability,
19including, but not limited to, a developmental disability, an
20intellectual disability, a mental illness as defined under the
21Mental Health and Developmental Disabilities Code, or dementia
22as defined under the Alzheimer's Disease Assistance Act.
23    (d) "Domestic living situation" means a residence where the
24eligible adult at the time of the report lives alone or with
25his or her family or a caregiver, or others, or a board and
26care home or other community-based unlicensed facility, but is

 

 

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1not:
2        (1) A licensed facility as defined in Section 1-113 of
3    the Nursing Home Care Act;
4        (1.5) A facility licensed under the ID/DD Community
5    Care Act;
6        (1.7) A facility licensed under the Specialized Mental
7    Health Rehabilitation Act;
8        (2) A "life care facility" as defined in the Life Care
9    Facilities Act;
10        (3) A home, institution, or other place operated by the
11    federal government or agency thereof or by the State of
12    Illinois;
13        (4) A hospital, sanitarium, or other institution, the
14    principal activity or business of which is the diagnosis,
15    care, and treatment of human illness through the
16    maintenance and operation of organized facilities
17    therefor, which is required to be licensed under the
18    Hospital Licensing Act;
19        (5) A "community living facility" as defined in the
20    Community Living Facilities Licensing Act;
21        (6) (Blank);
22        (7) A "community-integrated living arrangement" as
23    defined in the Community-Integrated Living Arrangements
24    Licensure and Certification Act or a "community
25    residential alternative" as licensed under that Act;
26        (8) An assisted living or shared housing establishment

 

 

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1    as defined in the Assisted Living and Shared Housing Act;
2    or
3        (9) A supportive living facility as described in
4    Section 5-5.01a of the Illinois Public Aid Code.
5    (e) "Eligible adult" means either an adult with
6disabilities aged 18 through 59 or a person aged 60 years of
7age or older who resides in a domestic living situation and is,
8or is alleged to be, abused, neglected, or financially
9exploited by another individual or who neglects himself or
10herself.
11    (f) "Emergency" means a situation in which an eligible
12adult is living in conditions presenting a risk of death or
13physical, mental or sexual injury and the provider agency has
14reason to believe the eligible adult is unable to consent to
15services which would alleviate that risk.
16    "Financial exploitation" means the use of an eligible
17adult's resources by another to the disadvantage of that adult
18or the profit or advantage of a person other than that adult.
19    (f-5) "Mandated reporter" means any of the following
20persons while engaged in carrying out their professional
21duties:
22        (1) a professional or professional's delegate while
23    engaged in: (i) social services, (ii) law enforcement,
24    (iii) education, (iv) the care of an eligible adult or
25    eligible adults, or (v) any of the occupations required to
26    be licensed under the Clinical Psychologist Licensing Act,

 

 

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1    the Clinical Social Work and Social Work Practice Act, the
2    Illinois Dental Practice Act, the Dietitian Nutritionist
3    Practice Act, the Marriage and Family Therapy Licensing
4    Act, the Medical Practice Act of 1987, the Naprapathic
5    Practice Act, the Nurse Practice Act, the Nursing Home
6    Administrators Licensing and Disciplinary Act, the
7    Illinois Occupational Therapy Practice Act, the Illinois
8    Optometric Practice Act of 1987, the Pharmacy Practice Act,
9    the Illinois Physical Therapy Act, the Physician Assistant
10    Practice Act of 1987, the Podiatric Medical Practice Act of
11    1987, the Respiratory Care Practice Act, the Professional
12    Counselor and Clinical Professional Counselor Licensing
13    and Practice Act, the Illinois Speech-Language Pathology
14    and Audiology Practice Act, the Veterinary Medicine and
15    Surgery Practice Act of 2004, and the Illinois Public
16    Accounting Act;
17        (1.5) an employee of an entity providing developmental
18    disabilities services or service coordination funded by
19    the Department of Human Services;
20        (2) an employee of a vocational rehabilitation
21    facility prescribed or supervised by the Department of
22    Human Services;
23        (3) an administrator, employee, or person providing
24    services in or through an unlicensed community based
25    facility;
26        (4) any religious practitioner who provides treatment

 

 

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1    by prayer or spiritual means alone in accordance with the
2    tenets and practices of a recognized church or religious
3    denomination, except as to information received in any
4    confession or sacred communication enjoined by the
5    discipline of the religious denomination to be held
6    confidential;
7        (5) field personnel of the Department of Healthcare and
8    Family Services, Department of Public Health, and
9    Department of Human Services, and any county or municipal
10    health department;
11        (6) personnel of the Department of Human Services, the
12    Guardianship and Advocacy Commission, the State Fire
13    Marshal, local fire departments, the Department on Aging
14    and its subsidiary Area Agencies on Aging and provider
15    agencies, and the Office of State Long Term Care Ombudsman;
16        (7) any employee of the State of Illinois not otherwise
17    specified herein who is involved in providing services to
18    eligible adults, including professionals providing medical
19    or rehabilitation services and all other persons having
20    direct contact with eligible adults;
21        (8) a person who performs the duties of a coroner or
22    medical examiner; or
23        (9) a person who performs the duties of a paramedic or
24    an emergency medical technician.
25    (g) "Neglect" means another individual's failure to
26provide an eligible adult with or willful withholding from an

 

 

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1eligible adult the necessities of life including, but not
2limited to, food, clothing, shelter or health care. This
3subsection does not create any new affirmative duty to provide
4support to eligible adults. Nothing in this Act shall be
5construed to mean that an eligible adult is a victim of neglect
6because of health care services provided or not provided by
7licensed health care professionals.
8    (h) "Provider agency" means any public or nonprofit agency
9in a planning and service area appointed by the regional
10administrative agency with prior approval by the Department on
11Aging to receive and assess reports of alleged or suspected
12abuse, neglect, or financial exploitation. A provider agency is
13also referenced as a "designated" agency in this Act.
14    (i) "Regional administrative agency" means any public or
15nonprofit agency in a planning and service area so designated
16by the Department, provided that the designated Area Agency on
17Aging shall be designated the regional administrative agency if
18it so requests. The Department shall assume the functions of
19the regional administrative agency for any planning and service
20area where another agency is not so designated.
21    (i-5) "Self-neglect" means a condition that is the result
22of an eligible adult's inability, due to physical or mental
23impairments, or both, or a diminished capacity, to perform
24essential self-care tasks that substantially threaten his or
25her own health, including: providing essential food, clothing,
26shelter, and health care; and obtaining goods and services

 

 

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1necessary to maintain physical health, mental health,
2emotional well-being, and general safety. The term includes
3compulsive hoarding, which is characterized by the acquisition
4and retention of large quantities of items and materials that
5produce an extensively cluttered living space, which
6significantly impairs the performance of essential self-care
7tasks or otherwise substantially threatens life or safety.
8    (j) "Substantiated case" means a reported case of alleged
9or suspected abuse, neglect, financial exploitation, or
10self-neglect in which a provider agency, after assessment,
11determines that there is reason to believe abuse, neglect, or
12financial exploitation has occurred.
13(Source: P.A. 96-339, eff. 7-1-10; 96-526, eff. 1-1-10; 96-572,
14eff. 1-1-10; 96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227,
15eff. 1-1-12; 97-300, eff. 8-11-11; 97-706, eff. 6-25-12;
1697-813, eff. 7-13-12; 97-1141, eff. 12-28-12.)
 
17    (320 ILCS 20/3)  (from Ch. 23, par. 6603)
18    Sec. 3. Responsibilities.
19    (a) The Department shall establish, design, and manage a
20protective services program of response and services for
21eligible adults persons 60 years of age and older who have
22been, or are alleged to be, victims of abuse, neglect,
23financial exploitation, or self-neglect. The Department shall
24contract with or fund, or, contract with and fund, regional
25administrative agencies, provider agencies, or both, for the

 

 

09800HB0948ham001- 115 -LRB098 06332 KTG 44528 a

1provision of those functions, and, contingent on adequate
2funding, with attorneys or legal services provider agencies for
3the provision of legal assistance pursuant to this Act. For
4self-neglect, the The program shall include the following
5services for eligible adults who have been removed from their
6residences for the purpose of cleanup or repairs: temporary
7housing; counseling; and caseworker services to try to ensure
8that the conditions necessitating the removal do not reoccur.
9    (a-1) The Department shall by rule develop standards for
10minimum staffing levels and staff qualifications. The
11Department shall by rule establish mandatory standards for the
12investigation of abuse, neglect, financial exploitation, or
13self-neglect of eligible adults and mandatory procedures for
14linking eligible adults to appropriate services and supports.
15    (a-5) A provider agency shall, in accordance with rules
16promulgated by the Department, establish a multi-disciplinary
17team to act in an advisory role for the purpose of providing
18professional knowledge and expertise in the handling of complex
19abuse cases involving eligible adults. Each multi-disciplinary
20team shall consist of one volunteer representative from the
21following professions: banking or finance; disability care;
22health care; law; law enforcement; mental health care; and
23clergy. A provider agency may also choose to add
24representatives from the fields of substance abuse, domestic
25violence, sexual assault, or other related fields. To support
26multi-disciplinary teams in this role, law enforcement

 

 

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

 

 

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1and on weekends.
2    (c-5) Where a provider agency has reason to believe that
3the death of an eligible adult may be the result of abuse or
4neglect, including any reports made after death, the agency
5shall immediately report the matter to both the appropriate law
6enforcement agency and the coroner or medical examiner. Between
730 and 45 days after making such a report, the provider agency
8again shall contact the law enforcement agency and coroner or
9medical examiner to determine whether any further action was
10taken. Upon request by a provider agency, a law enforcement
11agency and coroner or medical examiner shall supply a summary
12of its action in response to a reported death of an eligible
13adult. A copy of the report shall be maintained and all
14subsequent follow-up with the law enforcement agency and
15coroner or medical examiner shall be documented in the case
16record of the eligible adult.
17    (d) Upon sufficient appropriations to implement a
18statewide program, the Department shall implement a program,
19based on the recommendations of the Elder Self-Neglect Steering
20Committee, for (i) responding to reports of possible
21self-neglect, (ii) protecting the autonomy, rights, privacy,
22and privileges of adults during investigations of possible
23self-neglect and consequential judicial proceedings regarding
24competency, (iii) collecting and sharing relevant information
25and data among the Department, provider agencies, regional
26administrative agencies, and relevant seniors, (iv) developing

 

 

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1working agreements between provider agencies and law
2enforcement, where practicable, and (v) developing procedures
3for collecting data regarding incidents of self-neglect.
4(Source: P.A. 95-76, eff. 6-1-08; 96-526, eff. 1-1-10; 96-572,
5eff. 1-1-10; 96-1000, eff. 7-2-10.)
 
6    (320 ILCS 20/3.5)
7    Sec. 3.5. Other Responsibilities. The Department shall
8also be responsible for the following activities, contingent
9upon adequate funding, implementation shall be expanded to
10adults with disabilities within 3 months after the effective
11date of this amendatory Act of the 98th General Assembly:
12    (a) promotion of a wide range of endeavors for the purpose
13of preventing elder abuse, neglect, financial exploitation,
14and self-neglect in both domestic and institutional settings,
15including, but not limited to, promotion of public and
16professional education to increase awareness of elder abuse,
17neglect, financial exploitation, and self-neglect; , to
18increase reports; to establish access to and use of the Health
19Care Worker Registry; , and to improve response by various
20legal, financial, social, and health systems;
21    (b) coordination of efforts with other agencies, councils,
22and like entities, to include but not be limited to, the
23Administrative Office of the Illinois Courts, the Office of the
24Attorney General, the State Police, the Illinois Law
25Enforcement Training Standards Board, the State Triad, the

 

 

09800HB0948ham001- 119 -LRB098 06332 KTG 44528 a

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

 

 

09800HB0948ham001- 120 -LRB098 06332 KTG 44528 a

1    (g) solicitation of financial institutions for the purpose
2of making information available to the general public warning
3of financial exploitation of adults the elderly and related
4financial fraud or abuse, including such information and
5warnings available through signage or other written materials
6provided by the Department on the premises of such financial
7institutions, provided that the manner of displaying or
8distributing such information is subject to the sole discretion
9of each financial institution;
10    (g-1) developing by joint rulemaking with the Department of
11Financial and Professional Regulation minimum training
12standards which shall be used by financial institutions for
13their current and new employees with direct customer contact;
14the Department of Financial and Professional Regulation shall
15retain sole visitation and enforcement authority under this
16subsection (g-1); the Department of Financial and Professional
17Regulation shall provide bi-annual reports to the Department
18setting forth aggregate statistics on the training programs
19required under this subsection (g-1); and
20    (h) coordinating efforts with utility and electric
21companies to send notices in utility bills to explain to
22persons 60 years of age or older their rights regarding
23telemarketing and home repair fraud.
24(Source: P.A. 96-1103, eff. 7-19-10.)
 
25    (320 ILCS 20/4)  (from Ch. 23, par. 6604)

 

 

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1    Sec. 4. Reports of abuse or neglect.
2    (a) Any person who suspects the abuse, neglect, financial
3exploitation, or self-neglect of an eligible adult may report
4this suspicion to an agency designated to receive such reports
5under this Act or to the Department.
6    (a-5) If any mandated reporter has reason to believe that
7an eligible adult, who because of a disability or other
8condition or impairment 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
26the Department in accordance with the provisions of this Act

 

 

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

 

 

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

 

 

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1person's written consent or by court order, but is otherwise
2confidential.
3    (d) The Department shall by rule establish a system for
4filing and compiling reports made under this Act.
5    (e) Any physician who willfully fails to report as required
6by this Act shall be referred to the Illinois State Medical
7Disciplinary Board for action in accordance with subdivision
8(A)(22) of Section 22 of the Medical Practice Act of 1987. Any
9dentist or dental hygienist who willfully fails to report as
10required by this Act shall be referred to the Department of
11Professional Regulation for action in accordance with
12paragraph 19 of Section 23 of the Illinois Dental Practice Act.
13Any optometrist who willfully fails to report as required by
14this Act shall be referred to the Department of Financial and
15Professional Regulation for action in accordance with
16paragraph (15) of subsection (a) of Section 24 of the Illinois
17Optometric Practice Act of 1987. Any other mandated reporter
18required by this Act to report suspected abuse, neglect, or
19financial exploitation who willfully fails to report the same
20is guilty of a Class A misdemeanor.
21(Source: P.A. 96-378, eff. 1-1-10; 96-526, eff. 1-1-10;
2296-1000, eff. 7-2-10; 97-860, eff. 7-30-12.)
 
23    (320 ILCS 20/4.1)
24    Sec. 4.1. Employer discrimination. No employer shall
25discharge, demote or suspend, or threaten to discharge, demote

 

 

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

 

 

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

 

 

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1eligible adult may be the result of abuse or neglect, the
2agency shall immediately report the matter to the coroner or
3medical examiner and shall cooperate fully with any subsequent
4investigation.
5    (c) If any person other than the alleged victim refuses to
6allow the provider agency to begin an investigation, interferes
7with the provider agency's ability to conduct an investigation,
8or refuses to give access to an eligible adult, the appropriate
9law enforcement agency must be consulted regarding the
10investigation.
11(Source: P.A. 94-1064, eff. 1-1-07.)
 
12    (320 ILCS 20/7.1 new)
13    Sec. 7.1. Final investigative report. A provider agency
14shall prepare a final investigative report in which there is a
15substantiated finding of abuse, neglect, financial
16exploitation, or self-neglect of an eligible adult.
 
17    (320 ILCS 20/7.5 new)
18    Sec. 7.5. Health Care Worker Registry.
19    (a) Study Committee for the Health Care Worker Registry.
20The Department on Aging shall, within 6 months after the
21effective date of this amendatory Act of the 98th General
22Assembly, convene and lead a committee together with the
23Department of Human Services and the Department of Public
24Health to study access, use, and possible expansion of the

 

 

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1Health Care Worker Registry for reporting abuse, neglect, or
2financial exploitation of an eligible adult under this Act. The
3committee shall issue a report to the Governor and the General
4Assembly with its findings and recommendations within 12 months
5after the effective date of this amendatory Act of the 98th
6General Assembly.
7    (a-1) Reporting to the registry. The Department on Aging
8shall report to the Department of Public Health's health care
9worker registry the identity and administrative finding of a
10verified and substantiated decision of abuse, neglect, or
11financial exploitation of an eligible adult under this Act that
12is made against any caregiver, including consultants and
13volunteers, employed by a provider licensed, certified, or
14regulated by the Departments of Public Health, Healthcare and
15Family Services, or Human Service, or the Department on Aging.
16For uncompensated or privately paid caregivers, the Department
17on Aging shall report only a verified and substantiated
18decision of significant abuse, neglect, or financial
19exploitation of an eligible adult under this Act. An
20administrative finding placed in the registry will preclude any
21caregiver from providing direct care in exchange for
22compensation paid by the State of Illinois, or any Department
23thereof, or by a provider licensed, certified, or regulated by
24the Departments of Public Health, Healthcare and Family
25Services, or Human Services, or the Department on Aging.
26    (b) Definitions. As used in this Section:

 

 

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1    "Direct care" includes, but is not limited to, direct
2access to an individual, his or her living quarters, or his or
3her person, financial, or medical records for the purpose of
4providing of nursing care or assistance with feeding, dressing,
5movement, bathing, toileting, other personal needs and
6activities of daily living, or assistance with financial
7transactions.
8    "Significant" means a finding of abuse, neglect, or
9financial exploitation as determined by the Department that (i)
10represents a meaningful failure to adequately provide for, or a
11material indifference to, the financial, health, safety, or
12medical needs of an eligible adult or (ii) results in an
13eligible adult's death or other serious deterioration of an
14eligible adult's financial resources, physical condition, or
15mental condition.
16    Access to and use of the Registry. Access to the registry
17shall be limited to licensed, certified, or regulated providers
18by the Departments of Public Health, Healthcare and Family
19Service, or Human Services, or the Department on Aging. The
20State of Illinois, any Department thereof, or a provider
21licensed, certified, or regulated by the Departments of Public
22Health, Healthcare and Family Services, or Human Services, or
23the Department on Aging shall not hire or compensate any person
24seeking employment, retain any contractors, or accept any
25volunteers to provide direct care without first conducting an
26online check of the person through the Department of Public

 

 

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1Health's Health Care Worker Registry. The provider shall
2maintain a copy of the results of the online check to
3demonstrate compliance with this requirement. Failure to
4comply with this requirement may subject such a provider to
5corrective action by the appropriate regulatory agency or other
6lawful remedies provided under the applicable licensure,
7certification, or regulatory laws and rules.
8    (d) Notice to caregiver. Prior to reporting to the
9registry, the Department on Aging shall notify the caregiver of
10its obligation to make a report to the registry. Notice to the
11caregiver shall contain a clear and concise statement of the
12grounds upon which the report to the registry is based and
13shall set forth the procedures for challenging a report to the
14registry. Notice is sufficient if provided by certified mail to
15the caregiver's last known address. If the caregiver does not
16reply within 30 calendar days after the date of the notice, the
17Department shall report the name of the caregiver and the
18substantiated finding to the registry. Nothing in this
19subsection shall diminish or impair the rights of a person who
20is a member of a collective bargaining unit under the Illinois
21Public Labor Relations Act or under any other federal labor
22statute.
23    (e) Notification to eligible adults, guardians or agents.
24As part of its investigation, the Department on Aging shall
25notify an eligible adult, or an eligible adult’s guardian or
26agent, that a caregiver’s name may be placed on the registry if

 

 

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1significant abuse is found and the case substantiated.
2    (f) Notification to employer. A provider licensed,
3certified, or regulated by the Departments of Public Health,
4Healthcare and Family Services, or Human Services, or the
5Department on Aging shall be notified of an administrative
6finding against any employed caregiver of a verified and
7substantiated decision of abuse, neglect, or financial
8exploitation of an eligible adult under this Act. If there is
9an imminent risk of danger to the eligible adult, the caregiver
10shall immediately be barred from direct access to the eligible
11adult, his or her living quarters, or his or her personal,
12financial, or medical records, pending the outcome of any
13registry challenge, criminal prosecution, or other type of
14collateral action.
15    (g) Report challenges. The process by which a challenge to
16reporting is filed shall be established through the
17Department's administrative rules. Upon receiving a timely
18challenge by a caregiver in response to the notice of a
19registry report, the Department shall review the content of the
20challenge and issue an administrative decision as to whether
21the verified and substantiated decision warrants reporting the
22caregiver's name to the registry. A written copy of the
23decision shall be provided to the caregiver.
24    (h) Registry hearings. If a caregiver's report challenge is
25not successful, then he or she may request an administrative
26hearing within 60 calendar days after the date of decision or

 

 

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1submit a written response in lieu of an administrative hearing.
2If the request is timely, the Department on Aging shall not
3make a report to the registry and the caregiver shall be
4granted an opportunity to appear in person if a hearing is
5requested. The caregiver shall present reasons why the abuse,
6neglect, or financial exploitation is not significant or should
7not otherwise be reported to the registry. The administrative
8law judge considering the written response or presiding over
9the hearing shall summarize pertinent findings of fact and
10conclusions of law and make a recommendation to the Director of
11the Department on Aging as to whether the verified and
12substantiated finding warrants reporting the name of the
13caregiver to the registry. The Director shall render and adopt
14the final decision. The parties may jointly request that the
15administrative law judge consider a stipulated disposition of
16these proceedings.
17    (i) Caregiver's rights to collateral action. The
18Department on Aging shall not make any report to the registry
19if a caregiver notifies the Department in writing, including
20any supporting documentation, that he or she is formally
21challenging an adverse employment action resulting from a
22verified and substantiated finding of abuse, neglect, or
23financial exploitation by complaint filed with the Illinois
24Civil Service Commission, or by another means which seeks to
25enforce the caregiver's rights pursuant to any applicable
26collective bargaining agreement. If an action taken by an

 

 

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1employer against a caregiver as a result of a finding of abuse,
2neglect, or financial exploitation is overturned through an
3action filed with the Illinois Civil Service Commission or
4under any applicable collective bargaining agreement after
5that caregiver's name has already been sent to the registry,
6the caregiver's name shall be removed from the registry.
7    (j) Removal from registry. At any time after a report to
8the registry, but no more than once in each successive 3-year
9period thereafter, for a maximum of 3 such requests, a
10caregiver may write to the Director of the Department on Aging
11to request removal of his or her name from the registry in
12relationship to a single incident. The caregiver shall bear the
13burden of showing cause that establishes, by a preponderance of
14the evidence, that removal of his or her name from the registry
15is in the public interest. Upon receiving such a request, the
16Department on Aging shall conduct an investigation and consider
17any evidentiary material provided. The Department shall issue a
18decision either granting or denying removal within 60 calendar
19days, and shall issue such decision to the caregiver and the
20registry. The waiver process at the Department of Public Health
21does not apply to registry reports from the Department on
22Aging. The Department on Aging shall establish standards for
23the removal of a name from the registry by rule.
24    (k) Referral of registry reports to health care facilities.
25In the event an eligible adult receiving services from a
26provider agency changes his or her residence from a domestic

 

 

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1living situation to that of a health care facility, the
2provider agency shall use reasonable efforts to promptly inform
3the health care facility and the appropriate Regional Long Term
4Care Ombudsman about any registry reports relating to the
5eligible adult. For purposes of this Section, a health care
6facility includes, but is not limited to, any residential
7facility licensed, certified, or regulated by the Departments
8of Public Health, Healthcare and Family Services, or Human
9Services.
 
10    (320 ILCS 20/8)  (from Ch. 23, par. 6608)
11    Sec. 8. Access to records. All records concerning reports
12of elder abuse, neglect, financial exploitation, or
13self-neglect and all records generated as a result of such
14reports shall be confidential and shall not be disclosed except
15as specifically authorized by this Act or other applicable law.
16In accord with established law and Department protocols,
17procedures, and policies, access to such records, but not
18access to the identity of the person or persons making a report
19of alleged abuse, neglect, financial exploitation, or
20self-neglect as contained in such records, shall be provided,
21upon request, to the following persons and for the following
22persons:
23        (1) Department staff, provider agency staff, other
24    aging network staff, and regional administrative agency
25    staff, including staff of the Chicago Department on Aging

 

 

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1    while that agency is designated as a regional
2    administrative agency, in the furtherance of their
3    responsibilities under this Act;
4        (2) A law enforcement agency investigating known or
5    suspected elder abuse, neglect, financial exploitation, or
6    self-neglect. Where a provider agency has reason to believe
7    that the death of an eligible adult may be the result of
8    abuse or neglect, including any reports made after death,
9    the agency shall immediately provide the appropriate law
10    enforcement agency with all records pertaining to the
11    eligible adult;
12        (2.5) A law enforcement agency, fire department
13    agency, or fire protection district having proper
14    jurisdiction pursuant to a written agreement between a
15    provider agency and the law enforcement agency, fire
16    department agency, or fire protection district under which
17    the provider agency may furnish to the law enforcement
18    agency, fire department agency, or fire protection
19    district a list of all eligible adults who may be at
20    imminent risk of elder abuse, neglect, financial
21    exploitation, or self-neglect;
22        (3) A physician who has before him or her or who is
23    involved in the treatment of an eligible adult whom he or
24    she reasonably suspects may be abused, neglected,
25    financially exploited, or self-neglected or who has been
26    referred to the Adult Protective Services Elder Abuse and

 

 

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1    Neglect Program;
2        (4) An eligible adult reported to be abused, neglected,
3    financially exploited, or self-neglected, or such adult's
4    authorized guardian or agent, unless such guardian or agent
5    is the abuser or the alleged abuser;
6        (4.5) An executor or administrator of the estate of an
7    eligible adult who is deceased;
8        (5) In cases regarding elder abuse, neglect, or
9    financial exploitation, a court or a guardian ad litem,
10    upon its or his or her finding that access to such records
11    may be necessary for the determination of an issue before
12    the court. However, such access shall be limited to an in
13    camera inspection of the records, unless the court
14    determines that disclosure of the information contained
15    therein is necessary for the resolution of an issue then
16    pending before it;
17        (5.5) In cases regarding self-neglect, a guardian ad
18    litem;
19        (6) A grand jury, upon its determination that access to
20    such records is necessary in the conduct of its official
21    business;
22        (7) Any person authorized by the Director, in writing,
23    for audit or bona fide research purposes;
24        (8) A coroner or medical examiner who has reason to
25    believe that an eligible adult has died as the result of
26    abuse, neglect, financial exploitation, or self-neglect.

 

 

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1    The provider agency shall immediately provide the coroner
2    or medical examiner with all records pertaining to the
3    eligible adult;
4        (8.5) A coroner or medical examiner having proper
5    jurisdiction, pursuant to a written agreement between a
6    provider agency and the coroner or medical examiner, under
7    which the provider agency may furnish to the office of the
8    coroner or medical examiner a list of all eligible adults
9    who may be at imminent risk of death as a result of abuse,
10    neglect, financial exploitation, or self-neglect; and
11        (9) Department of Financial and Professional
12    Regulation staff and members of the Illinois Medical
13    Disciplinary Board or the Social Work Examining and
14    Disciplinary Board in the course of investigating alleged
15    violations of the Clinical Social Work and Social Work
16    Practice Act by provider agency staff or other licensing
17    bodies at the discretion of the Director of the Department
18    on Aging;
19        (9-a) Department of Healthcare and Family Services
20    staff when that Department is funding services to the
21    eligible adult, including access to the identity of the
22    eligible adult;
23        (9-b) Department of Human Services staff when that
24    Department is funding services to the eligible adult or is
25    providing reimbursement for services provided by the
26    abuser or alleged abuser, including access to the identity

 

 

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1    of the eligible adult; and
2        (10) Hearing officers in the course of conducting an
3    administrative hearing to determine whether a verified and
4    substantiated finding of significant abuse, neglect, or
5    financial exploitation of an eligible adult by a caregiver
6    warrants reporting to the Health Care Worker Registry; and .
7        (11) The Illinois Guardianship and Advocacy Commission
8    and the agency designated by the Governor under Section 1
9    of the Protection and Advocacy for Developmentally
10    Disabled Persons Act shall have access to all records,
11    including the findings, pertaining to a completed
12    investigation of a report of suspected abuse, neglect,
13    financial exploitation or self-neglect of an eligible
14    audit, when it determines that access to such records is
15    necessary to conduct its official business.
16(Source: P.A. 96-526, eff. 1-1-10; 97-864, eff. 1-1-13.)
 
17    (320 ILCS 20/9)  (from Ch. 23, par. 6609)
18    Sec. 9. Authority to consent to services.
19    (a) If an eligible adult consents to an assessment of a
20reported incident of suspected abuse, neglect, financial
21exploitation, or self-neglect and, following the assessment of
22such report, consents to services being provided according to
23the case plan, such services shall be arranged to meet the
24adult's needs, based upon the availability of resources to
25provide such services. If an adult withdraws his or her consent

 

 

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1for an assessment of the reported incident or withdraws his or
2her consent for services and or refuses to accept such
3services, the services shall not be provided.
4    (b) If it reasonably appears to the Department or other
5agency designated under this Act that a person is an eligible
6adult and lacks the capacity to consent to an assessment of a
7reported incident of suspected abuse, neglect, financial
8exploitation or self-neglect or to necessary services,
9including an assessment, the Department or other agency shall
10notify the Illinois Guardianship and Advocacy Commission
11(Commission), the Office of State Guardian, or any other
12appropriate agency, of the potential need for may seek the
13appointment of a temporary guardian as provided in Article XIa
14of the Probate Act of 1975 for the purpose of consenting to an
15assessment of the reported incident and such services, together
16with an order for an evaluation of the eligible adult's
17physical, psychological, and medical condition and decisional
18capacity.
19    (c) A guardian of the person of an eligible adult may
20consent to to an assessment of the reported incident and to
21services being provided according to the case plan. If an
22eligible adult lacks capacity to consent to services, an agent
23having authority under a power of attorney may consent to an
24assessment of the reported incident and to services. If the
25guardian or agent is the suspected abuser and he or she
26withdraws his or her consent for the assessment of the reported

 

 

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1incident, or refuses to allow services to be provided to the
2eligible adult, the Department, an agency designated under this
3Act, or the office of the Attorney General may request a court
4order seeking appropriate remedies, and may in addition request
5removal of the guardian and appointment of a successor guardian
6or request removal of the agent and appointment of a guardian.
7    (d) If an emergency exists and the Department or other
8agency designated under this Act reasonably believes that a
9person is an eligible adult and lacks the capacity to consent
10to necessary services, the Department or other agency may
11request an ex parte order from the circuit court of the county
12in which the petitioner or respondent resides or in which the
13alleged abuse, neglect, financial exploitation, or
14self-neglect occurred, authorizing an assessment of a report of
15alleged or suspected abuse, neglect, financial exploitation,
16or self-neglect or the provision of necessary services, or
17both, including relief available under the Illinois Domestic
18Violence Act of 1986 in accord with established law and
19Department protocols, procedures, and policies. Petitions
20filed under this subsection shall be treated as expedited
21proceedings. When an eligible adult is at risk of serious
22injury or death and it reasonably appears that the eligible
23adult lacks capacity to consent to necessary services, the
24Department or other agency designated under this Act may take
25action necessary to ameliorate the risk in accordance with
26administrative rules promulgated by the Department.

 

 

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1    (d-5) For purposes of this Section, an eligible adult
2"lacks the capacity to consent" if qualified staff of an agency
3designated under this Act reasonably determine in accordance
4with administrative rules promulgated by the Department that he
5or she appears either (i) unable to receive and evaluate
6information related to the assessment or services or (ii)
7unable to communicate in any manner decisions related to the
8assessment of the reported incident or services.
9    (e) Within 15 days after the entry of the ex parte
10emergency order, the order shall expire, or, if the need for
11assessment of the reported incident or services continues, the
12provider agency shall petition for the appointment of a
13guardian as provided in Article XIa of the Probate Act of 1975
14for the purpose of consenting to such assessment or services or
15to protect the eligible adult from further harm.
16    (f) If the court enters an ex parte order under subsection
17(d) for an assessment of a reported incident report of alleged
18or suspected abuse, neglect, financial exploitation, or
19self-neglect, or for the provision of necessary services in
20connection with alleged or suspected self-neglect, or for both,
21the court, as soon as is practicable thereafter, shall appoint
22a guardian ad litem for the eligible adult who is the subject
23of the order, for the purpose of reviewing the reasonableness
24of the order. The guardian ad litem shall review the order and,
25if the guardian ad litem reasonably believes that the order is
26unreasonable, the guardian ad litem shall file a petition with

 

 

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1the court stating the guardian ad litem's belief and requesting
2that the order be vacated.
3    (g) In all cases in which there is a substantiated finding
4of abuse, neglect, or financial exploitation by a guardian, the
5Department shall, within 30 days after the finding, notify the
6Probate Court with jurisdiction over the guardianship.
7(Source: P.A. 96-526, eff. 1-1-10.)
 
8    (320 ILCS 20/15)
9    Sec. 15. Abuse Fatality Review Teams Elder abuse fatality
10review teams.
11    (a)State Policy.
12        (1)Both the State and the community maintain a
13    commitment to preventing the abuse, neglect, and financial
14    exploitation of at-risk adults. This includes a charge to
15    bring perpetrators of crimes against at-risk adults to
16    justice and prevent untimely deaths in the community.
17        (2)When an at-risk adult dies, the response to the
18    death by the community, law enforcement, and the State must
19    include an accurate and complete determination of the cause
20    of death, and the development and implementation of
21    measures to prevent future deaths from similar causes.
22        (3)Multidisciplinary and multi-agency reviews of
23    deaths can assist the State and counties in developing a
24    greater understanding of the incidence and causes of
25    premature deaths and the methods for preventing those

 

 

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1    deaths, improving methods for investigating deaths, and
2    identifying gaps in services to at-risk adults.
3        (4)Access to information regarding the deceased and
4    their families by multidisciplinary and multi-agency
5    at-risk adult fatality review teams is necessary in order
6    to fulfill their purposes and duties.
7    (a-5) Definitions. As used in this Section:
8        "Advisory Council" means the Illinois At-Risk Adult
9    Fatality Review Team Advisory Council.
10        "Review Team" means a regional interagency at-risk
11    adult fatality review team.
12    (a) In this Section, "review team" means a regional
13interagency elder abuse fatality review team established under
14this Section.
15    (a-5) The Department shall establish, lead, and direct a
16Statewide Fatality Review Team. The Team shall have authority
17to consider suspicious deaths of victims of alleged, suspected,
18or substantiated abuse or neglect in domestic living situations
19in areas in which there is no regional interagency abuse team.
20    (b) The Director, in consultation with the Advisory
21Council, law enforcement, and other professionals who work in
22the fields of investigating, treating, or prevent abuse or
23neglect of at-risk adults, shall appoint members to a minimum
24of one review team in each of the Department's planning and
25service areas. Each member of a review team shall be appointed
26for a 2-year term and shall be eligible for reappointment upon

 

 

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1the expiration of the term. A review team's purpose in
2conducting review of at-risk adult deaths is: The Department,
3or any other State or county agency with Department approval,
4may establish regional interagency elder abuse fatality review
5teams (i) to assist local agencies in identifying and reviewing
6suspicious deaths of adult elderly victims of alleged,
7suspected, or substantiated abuse or neglect in domestic living
8situations; and (ii) to facilitate communications between
9officials responsible for autopsies and inquests and persons
10involved in reporting or investigating alleged or suspected
11cases of abuse, neglect, or financial exploitation of at-risk
12adults and persons involved in providing services to at-risk
13adults; (iii) to evaluate means by which the death might have
14been prevented; and (iv) to report its findings to the
15appropriate agencies and the Advisory Council and make
16recommendations that may help to reduce the number of at-risk
17adult deaths caused by abuse and neglect and that may help to
18improve the investigations of deaths of at-risk adults and
19increase prosecutions, if appropriate. persons 60 years of age
20or older.
21    (b-5) Each such team shall be composed of representatives
22of entities and individuals including, but not limited to: (i)
23, the Department on Aging, (ii) coroners or medical examiners
24(or both), (iii) State's Attorneys, (iv) local police
25departments, (v) forensic units, (vi) local health
26departments, (vii) a social service or health care agency that

 

 

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1provides services to persons with mental illness, in a program
2whose accreditation to provide such services is recognized by
3the Division of Mental Health within the Department of Human
4Services, (viii) a social service or health care agency that
5provides services to persons with developmental disabilities,
6in a program whose accreditation to provide such services is
7recognized by the Division of Developmental Disabilities
8within the Department of Human Services, (ix) a local hospital,
9trauma center, or provider of emergency medicine; and (x)
10providers of services eligible adults in domestic living
11situations; and (xi) a physician, psychiatrist, or other health
12care provider knowledgeable about abuse and neglect of at-risk
13adults for persons 60 years of age or older in domestic living
14situations.
15    (c) A review team shall review cases of deaths of at-risk
16adults occurring in its planning and service area persons 60
17years of age or older in domestic living situations (i)
18involving blunt force trauma or an undetermined manner or
19suspicious cause of death, (ii) if requested by the deceased's
20attending physician or an emergency room physician, (iii) upon
21referral by a health care provider, (iv) upon referral by a
22coroner or medical examiner, (v) or (iv) constituting an open
23or closed case from an adult a senior protective services
24agency, law enforcement agency, or State's Attorney's office,
25or the Department of Human Services Office of the Inspector
26General that involves alleged or suspected abuse, neglect, or

 

 

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1financial exploitation; or (vi) upon referral by a law
2enforcement agency or State's Attorney's Office. If such a
3death occurs in a planning and service are where a review team
4has not yet been established, the Director shall request that
5the Advisory Council or another review team review that death.
6A team may also review other cases of deaths of at-risk adults
7persons 60 years of age or older if the alleged abuse or
8neglect occurred while the person was residing in a domestic
9living situation.
10    A review team shall meet not less than 6 times a year to
11discuss cases for its possible review. Each review team, with
12the advice and consent of the Department, shall establish
13criteria to be used by review teams in discussing cases of
14alleged, suspected, or substantiated abuse or neglect for
15review and shall conduct its activities in accordance with any
16applicable policies and procedures established by the
17Department.
18    (c-5) The Illinois At-Risk Adult Fatality Review Teams
19Advisory Council, consisting of one member from each review
20team in Illinois, is the coordinating and oversight body for
21review teams and activities in Illinois. The Director may
22appoint to the Advisory Council any ex-officio members deemed
23necessary. Persons with expertise needed by the Advisory
24Council may be invited to meetings. The Advisory Council must
25select from its members a chairperson and a vice-chairperson,
26each to serve a 2-year term. The chairperson or

 

 

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1vice-chairperson may be selected to serve additional,
2subsequent terms. The Advisory Council must meet at least 4
3times during each calendar year.
4    The Department may provide or arrange for the staff support
5necessary for the Advisory Council to carry out its duties. The
6Director, in cooperation and consultation with the Advisory
7Council, shall appoint, reappoint, and remove review team
8members.
9    The Advisory Council has, but is not limited to, the
10following duties:
11        (i) To serve as the voice of review teams in Illinois.
12        (ii) To oversee the review teams in order to ensure
13    that the review teams' work is coordinated and in
14    compliance with State statutes and the operating protocol.
15        (iii) To ensure that the data, results, findings, and
16    recommendations of the review teams are adequately used in
17    a timely manner to make any necessary changes to the
18    policies, procedures, and State statutes in order to
19    protect at-risk adults.
20        (iv) To collaborate with the Department in order to
21    develop any legislation needed to prevent unnecessary
22    deaths of at-risk adults.
23        (v) To ensure that the review teams' review processes
24    are standardized in order to convey data, findings, and
25    recommendations in a usable format.
26        (vi) To serve as a link with review teams throughout

 

 

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1    the country and to participate in national review team
2    activities.
3        (vii) To provide the review teams with the most current
4    information and practices concerning at-risk adult death
5    review and related topics.
6        (viii) To perform any other functions necessary to
7    enhance the capability of the review teams to reduce and
8    prevent at-risk adult fatalities.
9    The Advisory Council may prepare an annual report, in
10consultation with the Department, using aggregate data
11gathered by review teams and using the review teams'
12recommendations to develop education, prevention, prosecution,
13or other strategies designed to improve the coordination of
14services for at-risk adults and their families.
15    In any instance when a review team does not operate in
16accordance with established protocol, the Director, in
17consultation and cooperation with the Advisory Council, must
18take any necessary actions to bring the review team into
19compliance with the protocol.
20    
21    (d) Any document or oral or written communication shared
22within or produced by the a review team relating to a case
23discussed or reviewed by the review team is confidential and is
24not admissible as evidence in any civil or criminal proceeding,
25except for use by a State’s Attorney’s office in prosecuting a
26criminal case against a caregiver. Thos records and information

 

 

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1are, however, subject to discovery or subpoena, and are
2admissible as evidence, to the extent they are otherwise
3available to the public. subject to disclosure to or
4discoverable by another party.
5    Any document or oral or written communication provided to a
6review team by an individual or entity, and created by that
7individual or entity solely for the use of the review team, is
8confidential, and is not subject to disclosure to or
9discoverable by another party, and is not admissible as
10evidence in any civil or criminal proceeding, except for use by
11a State’s Attorney’s office in prosecuting a criminal case
12against a caregiver. Those records and information are,
13however, subject to discovery or subpoena, and are admissible
14as evidence, to the extent they are otherwise available to the
15public..
16    Each entity or individual represented on the an elder abuse
17fatality review team may share with other members of the team
18information in the entity's or individual's possession
19concerning the decedent who is the subject of the review or
20concerning any person who was in contact with the decedent, as
21well as any other information deemed by the entity or
22individual to be pertinent to the review. Any such information
23shared by an entity or individual with other members of the
24review a team is confidential. The intent of this paragraph is
25to permit the disclosure to members of the review a team of any
26information deemed confidential or privileged or prohibited

 

 

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1from disclosure by any other provision of law. Release of
2confidential communication between domestic violence advocates
3and a domestic violence victim shall follow subsection (d) of
4Section 227 of the Illinois Domestic Violence Act of 1986 which
5allows for the waiver of privilege afforded to guardians,
6executors, or administrators of the estate of the domestic
7violence victim. This provision relating to the release of
8confidential communication between domestic violence advocates
9and a domestic violence victim shall exclude adult protective
10service providers.
11    A coroner's or medical examiner's office may share with the
12a review team medical records that have been made available to
13the coroner's or medical examiner's office in connection with
14that office's investigation of a death.
15    Members of a review team and the Advisory Council are not
16subject to examination, in any civil or criminal proceeding,
17concerning information presented to members of the review team
18or the Advisory Council or opinions formed by members of the
19review team or the Advisory Council based on that information.
20A person may, however, be examined concerning information
21provided to a review team or the Advisory Commission.
22    (d-5) Meetings of the review teams and the Advisory Council
23may be closed to the public under the Open Meetings Act.
24Records and information provided to a review team and the
25Advisory Council, and records maintained by a team or the
26Advisory Council, are exempt from release under the Freedom of

 

 

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1Information Act.
2    (e) A review team's recommendation in relation to a case
3discussed or reviewed by the review team, including, but not
4limited to, a recommendation concerning an investigation or
5prosecution in relation to such a case, may be disclosed by the
6review team upon the completion of its review and at the
7discretion of a majority of its members who reviewed the case.
8    (e-5) The State shall indemnify and hold harmless members
9of a review team and the Advisory Council for all their acts,
10omissions, decisions, or other conduct arising out of the scope
11of their service on the review team or Advisory Council, except
12those involving willful or wanton misconduct. The method of
13providing indemnification shall be as provided in the State
14Employee Indemnification Act.
15    (f) The Department, in consultation with coroners, medical
16examiners, and law enforcement agencies, shall use aggregate
17data gathered by and review teams and review teams'
18recommendations from the Advisory Council and the review teams
19to create an annual report and may use those data and
20recommendations to develop education, prevention, prosecution,
21or other strategies designed to improve the coordination of
22services for at-risk adults persons 60 years of age or older
23and their families. The Department or other State or county
24agency, in consultation with coroners, medical examiners, and
25law enforcement agencies, also may use aggregate data gathered
26by the review teams to create a database of at-risk

 

 

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1individuals.
2    (g) The Department shall adopt such rules and regulations
3as it deems necessary to implement this Section.
4(Source: P.A. 95-402, eff. 6-1-08.)
 
5    (320 ILCS 20/15.5 new)
6    Sec. 15.5. Independent monitor. Subject to appropriation,
7to ensure the effectiveness and accountability of the adult
8protective services system, the agency designated by the
9Governor under Section 1 of the Protection and Advocacy for
10Developmentally Disabled Persons Act shall monitor the system
11and provide to the Department review and evaluation of the
12system in accordance with administrative rules promulgated by
13the Department.
 
14    Section 25. The Code of Criminal Procedure of 1963 is
15amended by changing Sections 114-13.5 and 115-10.3 as follows:
 
16    (725 ILCS 5/114-13.5)
17    Sec. 114-13.5. Evidence deposition; elder abuse. In a
18prosecution for abuse, neglect, or financial exploitation of an
19eligible adult as defined in the Adult Protective Services Act
20Elder Abuse and Neglect Act, the eligible adult may give
21testimony in the form of an evidence deposition and not be
22required to appear in court to testify.
23(Source: P.A. 93-301, eff. 1-1-04.)
 

 

 

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1    (725 ILCS 5/115-10.3)
2    Sec. 115-10.3. Hearsay exception regarding elder adults.
3    (a) In a prosecution for a physical act, abuse, neglect, or
4financial exploitation perpetrated upon or against an eligible
5adult, as defined in the Adult Protective Services Act Elder
6Abuse and Neglect Act, who has been diagnosed by a physician to
7suffer from (i) any form of dementia, developmental disability,
8or other form of mental incapacity or (ii) any physical
9infirmity, including but not limited to prosecutions for
10violations of Sections 10-1, 10-2, 10-3, 10-3.1, 10-4, 11-1.20,
1111-1.30, 11-1.40, 11-1.50, 11-1.60, 11-11, 12-1, 12-2, 12-3,
1212-3.05, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.5, 12-4.6,
1312-4.7, 12-5, 12-6, 12-7.3, 12-7.4, 12-11, 12-11.1, 12-13,
1412-14, 12-15, 12-16, 12-21, 16-1, 16-1.3, 17-1, 17-3, 17-56,
1518-1, 18-2, 18-3, 18-4, 18-5, 18-6, 19-6, 20-1.1, 24-1.2, and
1633A-2, or subsection (b) of Section 12-4.4a, or subsection (a)
17of Section 17-32, of the Criminal Code of 1961 or the Criminal
18Code of 2012, the following evidence shall be admitted as an
19exception to the hearsay rule:
20        (1) testimony by an eligible adult, of an out of court
21    statement made by the eligible adult, that he or she
22    complained of such act to another; and
23        (2) testimony of an out of court statement made by the
24    eligible adult, describing any complaint of such act or
25    matter or detail pertaining to any act which is an element

 

 

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1    of an offense which is the subject of a prosecution for a
2    physical act, abuse, neglect, or financial exploitation
3    perpetrated upon or against the eligible adult.
4    (b) Such testimony shall only be admitted if:
5        (1) The court finds in a hearing conducted outside the
6    presence of the jury 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    (c) 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 the statement
17and that, in making the determination, it shall consider the
18condition of the eligible adult, the nature of the statement,
19the circumstances under which the statement was made, and any
20other relevant factor.
21    (d) The proponent of the statement shall give the adverse
22party reasonable notice of his or her intention to offer the
23statement and the particulars of the statement.
24(Source: P.A. 96-1551, Article 1, Section 965, eff. 7-1-11;
2596-1551, Article 2, Section 1040, eff. 7-1-11; 96-1551, Article
2610, Section 10-145, eff. 7-1-11; 97-1108, eff. 1-1-13; 97-1109,

 

 

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1eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
2    Section 30. The Code of Civil Procedure is amended by
3changing Section 8-2701 as follows:
 
4    (735 ILCS 5/8-2701)
5    Sec. 8-2701. Admissibility of evidence; out of court
6statements; elder abuse.
7    (a) An out of court statement made by an eligible adult, as
8defined in the Adult Protective Services Act Elder Abuse and
9Neglect Act, who has been diagnosed by a physician to suffer
10from (i) any form of dementia, developmental disability, or
11other form of mental incapacity or (ii) any physical infirmity
12which prevents the eligible adult's appearance in court,
13describing any act of elder abuse, neglect, or financial
14exploitation, or testimony by an eligible adult of an out of
15court statement made by the eligible adult that he or she
16complained of such acts to another, is admissible in any civil
17proceeding, if:
18        (1) the court conducts a hearing outside the presence
19    of the jury and finds that the time, content, and
20    circumstances of the statement provide sufficient
21    safeguards of reliability; and
22        (2) the eligible adult either:
23            (A) testifies at the proceeding; or
24            (B) is unavailable as a witness and there is

 

 

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1        corroborative evidence of the act which is the subject
2        of the statement.
3    (b) If a statement is admitted pursuant to this Section,
4the court shall instruct the jury that it is for the jury to
5determine the weight and credibility to be given to the
6statement and that, in making its determination, it shall
7consider the condition of the eligible adult, the nature of the
8statement, the circumstances under which the statement was
9made, and any other relevant factors.
10    (c) The proponent of the statement shall give the adverse
11party reasonable notice of an intention to offer the statement
12and the particulars of the statement.
13(Source: P.A. 90-628, eff. 1-1-99.)
 
14    Section 35. The Probate Act of 1975 is amended by changing
15Section 11a-10 as follows:
 
16    (755 ILCS 5/11a-10)  (from Ch. 110 1/2, par. 11a-10)
17    Sec. 11a-10. Procedures preliminary to hearing.
18    (a) Upon the filing of a petition pursuant to Section
1911a-8, the court shall set a date and place for hearing to take
20place within 30 days. The court shall appoint a guardian ad
21litem to report to the court concerning the respondent's best
22interests consistent with the provisions of this Section,
23except that the appointment of a guardian ad litem shall not be
24required when the court determines that such appointment is not

 

 

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1necessary for the protection of the respondent or a reasonably
2informed decision on the petition. If the guardian ad litem is
3not a licensed attorney, he or she shall be qualified, by
4training or experience, to work with or advocate for the
5developmentally disabled, mentally ill, physically disabled,
6the elderly, or persons disabled because of mental
7deterioration, depending on the type of disability that is
8alleged in the petition. The court may allow the guardian ad
9litem reasonable compensation. The guardian ad litem may
10consult with a person who by training or experience is
11qualified to work with persons with a developmental disability,
12persons with mental illness, or physically disabled persons, or
13persons disabled because of mental deterioration, depending on
14the type of disability that is alleged. The guardian ad litem
15shall personally observe the respondent prior to the hearing
16and shall inform him orally and in writing of the contents of
17the petition and of his rights under Section 11a-11. The
18guardian ad litem shall also attempt to elicit the respondent's
19position concerning the adjudication of disability, the
20proposed guardian, a proposed change in residential placement,
21changes in care that might result from the guardianship, and
22other areas of inquiry deemed appropriate by the court.
23Notwithstanding any provision in the Mental Health and
24Developmental Disabilities Confidentiality Act or any other
25law, a guardian ad litem shall have the right to inspect and
26copy any medical or mental health record of the respondent

 

 

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1which the guardian ad litem deems necessary, provided that the
2information so disclosed shall not be utilized for any other
3purpose nor be redisclosed except in connection with the
4proceedings. At or before the hearing, the guardian ad litem
5shall file a written report detailing his or her observations
6of the respondent, the responses of the respondent to any of
7the inquires detailed in this Section, the opinion of the
8guardian ad litem or other professionals with whom the guardian
9ad litem consulted concerning the appropriateness of
10guardianship, and any other material issue discovered by the
11guardian ad litem. The guardian ad litem shall appear at the
12hearing and testify as to any issues presented in his or her
13report.
14    (b) The court (1) may appoint counsel for the respondent,
15if the court finds that the interests of the respondent will be
16best served by the appointment, and (2) shall appoint counsel
17upon respondent's request or if the respondent takes a position
18adverse to that of the guardian ad litem. The respondent shall
19be permitted to obtain the appointment of counsel either at the
20hearing or by any written or oral request communicated to the
21court prior to the hearing. The summons shall inform the
22respondent of this right to obtain appointed counsel. The court
23may allow counsel for the respondent reasonable compensation.
24    (c) If the respondent is unable to pay the fee of the
25guardian ad litem or appointed counsel, or both, the court may
26enter an order for the petitioner to pay all such fees or such

 

 

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1amounts as the respondent or the respondent's estate may be
2unable to pay. However, in cases where the Office of State
3Guardian is the petitioner, consistent with Section 30 of the
4Guardianship and Advocacy Act, where the public guardian is the
5petitioner, consistent with Section 13-5 of the Probate Act of
61975, where an adult protective services elder abuse provider
7agency is the petitioner, pursuant to Section 9 of the Adult
8Protective Services Act Elder Abuse and Neglect Act, or where
9the Department of Human Services Office of Inspector General is
10the petitioner, consistent with Section 45 of the Abuse of
11Adults with Disabilities Intervention Act, no guardian ad litem
12or legal fees shall be assessed against the Office of State
13Guardian, the public guardian, or the adult protective services
14agency the elder abuse provider agency, or the Department of
15Human Services Office of Inspector General.
16    (d) The hearing may be held at such convenient place as the
17court directs, including at a facility in which the respondent
18resides.
19    (e) Unless he is the petitioner, the respondent shall be
20personally served with a copy of the petition and a summons not
21less than 14 days before the hearing. The summons shall be
22printed in large, bold type and shall include the following
23notice:
24
NOTICE OF RIGHTS OF RESPONDENT
25    You have been named as a respondent in a guardianship
26petition asking that you be declared a disabled person. If the

 

 

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1court grants the petition, a guardian will be appointed for
2you. A copy of the guardianship petition is attached for your
3convenience.
4The date and time of the hearing are:
5The place where the hearing will occur is:
6The Judge's name and phone number is:
7    If a guardian is appointed for you, the guardian may be
8given the right to make all important personal decisions for
9you, such as where you may live, what medical treatment you may
10receive, what places you may visit, and who may visit you. A
11guardian may also be given the right to control and manage your
12money and other property, including your home, if you own one.
13You may lose the right to make these decisions for yourself.
14    You have the following legal rights:
15        (1) You have the right to be present at the court
16    hearing.
17        (2) You have the right to be represented by a lawyer,
18    either one that you retain, or one appointed by the Judge.
19        (3) You have the right to ask for a jury of six persons
20    to hear your case.
21        (4) You have the right to present evidence to the court
22    and to confront and cross-examine witnesses.
23        (5) You have the right to ask the Judge to appoint an
24    independent expert to examine you and give an opinion about
25    your need for a guardian.
26        (6) You have the right to ask that the court hearing be

 

 

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1    closed to the public.
2        (7) You have the right to tell the court whom you
3    prefer to have for your guardian.
4    You do not have to attend the court hearing if you do not
5want to be there. If you do not attend, the Judge may appoint a
6guardian if the Judge finds that a guardian would be of benefit
7to you. The hearing will not be postponed or canceled if you do
8not attend.
9    IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU DO
10NOT WANT A GUARDIAN OR IF YOU WANT SOMEONE OTHER THAN THE
11PERSON NAMED IN THE GUARDIANSHIP PETITION TO BE YOUR GUARDIAN.
12IF YOU DO NOT WANT A GUARDIAN OF IF YOU HAVE ANY OTHER
13PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO COURT AND
14TELL THE JUDGE.
15    Service of summons and the petition may be made by a
16private person 18 years of age or over who is not a party to the
17action.
18    (f) Notice of the time and place of the hearing shall be
19given by the petitioner by mail or in person to those persons,
20including the proposed guardian, whose names and addresses
21appear in the petition and who do not waive notice, not less
22than 14 days before the hearing.
23(Source: P.A. 96-1052, eff. 7-14-10; 97-375, eff. 8-15-11;
2497-1095, eff. 8-24-12.)
 
25    Section 40. The Illinois Power of Attorney Act is amended

 

 

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1by changing Sections 2-7 and 2-10 as follows:
 
2    (755 ILCS 45/2-7)  (from Ch. 110 1/2, par. 802-7)
3    Sec. 2-7. Duty - standard of care - record-keeping -
4exoneration.
5    (a) The agent shall be under no duty to exercise the powers
6granted by the agency or to assume control of or responsibility
7for any of the principal's property, care or affairs,
8regardless of the principal's physical or mental condition.
9Whenever a power is exercised, the agent shall act in good
10faith for the benefit of the principal using due care,
11competence, and diligence in accordance with the terms of the
12agency and shall be liable for negligent exercise. An agent who
13acts with due care for the benefit of the principal shall not
14be liable or limited merely because the agent also benefits
15from the act, has individual or conflicting interests in
16relation to the property, care or affairs of the principal or
17acts in a different manner with respect to the agency and the
18agent's individual interests. The agent shall not be affected
19by any amendment or termination of the agency until the agent
20has actual knowledge thereof. The agent shall not be liable for
21any loss due to error of judgment nor for the act or default of
22any other person.
23    (b) An agent that has accepted appointment must act in
24accordance with the principal's expectations to the extent
25actually known to the agent and otherwise in the principal's

 

 

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1best interests.
2    (c) An agent shall keep a record of all receipts,
3disbursements, and significant actions taken under the
4authority of the agency and shall provide a copy of this record
5when requested to do so by:
6        (1) the principal, a guardian, another fiduciary
7    acting on behalf of the principal, and, after the death of
8    the principal, the personal representative or successors
9    in interest of the principal's estate;
10        (2) a representative of a provider agency, as defined
11    in Section 2 of the Adult Protective Services Act Elder
12    Abuse and Neglect Act, acting in the course of an
13    assessment of a complaint of elder abuse or neglect under
14    that Act;
15        (3) a representative of the Office of the State Long
16    Term Care Ombudsman, acting in the course of an
17    investigation of a complaint of financial exploitation of a
18    nursing home resident under Section 4.04 of the Illinois
19    Act on the Aging;
20        (4) a representative of the Office of Inspector General
21    for the Department of Human Services, acting in the course
22    of an assessment of a complaint of financial exploitation
23    of an adult with disabilities pursuant to Section 35 of the
24    Abuse of Adults with Disabilities Intervention Act; or
25        (5) a court under Section 2-10 of this Act.
26    (d) If the agent fails to provide his or her record of all

 

 

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1receipts, disbursements, and significant actions within 21
2days after a request under subsection (c), the adult elder
3abuse provider agency or the State Long Term Care Ombudsman may
4petition the court for an order requiring the agent to produce
5his or her record of receipts, disbursements, and significant
6actions. If the court finds that the agent's failure to provide
7his or her record in a timely manner to the adult elder abuse
8provider agency or the State Long Term Care Ombudsman was
9without good cause, the court may assess reasonable costs and
10attorney's fees against the agent, and order such other relief
11as is appropriate.
12    (e) An agent is not required to disclose receipts,
13disbursements, or other significant actions conducted on
14behalf of the principal except as otherwise provided in the
15power of attorney or as required under subsection (c).
16    (f) An agent that violates this Act is liable to the
17principal or the principal's successors in interest for the
18amount required (i) to restore the value of the principal's
19property to what it would have been had the violation not
20occurred, and (ii) to reimburse the principal or the
21principal's successors in interest for the attorney's fees and
22costs paid on the agent's behalf. This subsection does not
23limit any other applicable legal or equitable remedies.
24(Source: P.A. 96-1195, eff. 7-1-11.)
 
25    (755 ILCS 45/2-10)  (from Ch. 110 1/2, par. 802-10)

 

 

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1    Sec. 2-10. Agency-court relationship.
2    (a) Upon petition by any interested person (including the
3agent), with such notice to interested persons as the court
4directs and a finding by the court that the principal lacks
5either the capacity to control or the capacity to revoke the
6agency, the court may construe a power of attorney, review the
7agent's conduct, and grant appropriate relief including
8compensatory damages.
9    (b) If the court finds that the agent is not acting for the
10benefit of the principal in accordance with the terms of the
11agency or that the agent's action or inaction has caused or
12threatens substantial harm to the principal's person or
13property in a manner not authorized or intended by the
14principal, the court may order a guardian of the principal's
15person or estate to exercise any powers of the principal under
16the agency, including the power to revoke the agency, or may
17enter such other orders without appointment of a guardian as
18the court deems necessary to provide for the best interests of
19the principal.
20    (c) If the court finds that the agency requires
21interpretation, the court may construe the agency and instruct
22the agent, but the court may not amend the agency.
23    (d) If the court finds that the agent has not acted for the
24benefit of the principal in accordance with the terms of the
25agency and the Illinois Power of Attorney Act, or that the
26agent's action caused or threatened substantial harm to the

 

 

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1principal's person or property in a manner not authorized or
2intended by the principal, then the agent shall not be
3authorized to pay or be reimbursed from the estate of the
4principal the attorneys' fees and costs of the agent in
5defending a proceeding brought pursuant to this Section.
6    (e) Upon a finding that the agent's action has caused
7substantial harm to the principal's person or property, the
8court may assess against the agent reasonable costs and
9attorney's fees to a prevailing party who is a provider agency
10as defined in Section 2 of the Adult Protective Services Act
11Elder Abuse and Neglect Act, a representative of the Office of
12the State Long Term Care Ombudsman, or a governmental agency
13having regulatory authority to protect the welfare of the
14principal.
15    (f) As used in this Section, the term "interested person"
16includes (1) the principal or the agent; (2) a guardian of the
17person, guardian of the estate, or other fiduciary charged with
18management of the principal's property; (3) the principal's
19spouse, parent, or descendant; (4) a person who would be a
20presumptive heir-at-law of the principal; (5) a person named as
21a beneficiary to receive any property, benefit, or contractual
22right upon the principal's death, or as a beneficiary of a
23trust created by or for the principal; (6) a provider agency as
24defined in Section 2 of the Adult Protective Services Act Elder
25Abuse and Neglect Act, a representative of the Office of the
26State Long Term Care Ombudsman, or a governmental agency having

 

 

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1regulatory authority to protect the welfare of the principal;
2and (7) the principal's caregiver or another person who
3demonstrates sufficient interest in the principal's welfare.
4    (g) Absent court order directing a guardian to exercise
5powers of the principal under the agency, a guardian will have
6no power, duty or liability with respect to any property
7subject to the agency or any personal or health care matters
8covered by the agency.
9    (h) Proceedings under this Section shall be commenced in
10the county where the guardian was appointed or, if no Illinois
11guardian is acting, then in the county where the agent or
12principal resides or where the principal owns real property.
13    (i) This Section shall not be construed to limit any other
14remedies available.
15(Source: P.A. 96-1195, eff. 7-1-11.)
 
16    Section 99. Effective date. This Act takes effect July 1,
172013.".