Illinois General Assembly - Full Text of SB4025
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Full Text of SB4025  102nd General Assembly

SB4025enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB4025 EnrolledLRB102 23065 KTG 32221 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Human Services Act is amended
5by changing Section 1-17 as follows:
 
6    (20 ILCS 1305/1-17)
7    Sec. 1-17. Inspector General.
8    (a) Nature and purpose. It is the express intent of the
9General Assembly to ensure the health, safety, and financial
10condition of individuals receiving services in this State due
11to mental illness, developmental disability, or both by
12protecting those persons from acts of abuse, neglect, or both
13by service providers. To that end, the Office of the Inspector
14General for the Department of Human Services is created to
15investigate and report upon allegations of the abuse, neglect,
16or financial exploitation of individuals receiving services
17within mental health facilities, developmental disabilities
18facilities, and community agencies operated, licensed, funded,
19or certified by the Department of Human Services, but not
20licensed or certified by any other State agency.
21    (b) Definitions. The following definitions apply to this
22Section:
23    "Adult student with a disability" means an adult student,

 

 

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1age 18 through 21, inclusive, with an Individual Education
2Program, other than a resident of a facility licensed by the
3Department of Children and Family Services in accordance with
4the Child Care Act of 1969. For purposes of this definition,
5"through age 21, inclusive", means through the day before the
6student's 22nd birthday.
7    "Agency" or "community agency" means (i) a community
8agency licensed, funded, or certified by the Department, but
9not licensed or certified by any other human services agency
10of the State, to provide mental health service or
11developmental disabilities service, or (ii) a program
12licensed, funded, or certified by the Department, but not
13licensed or certified by any other human services agency of
14the State, to provide mental health service or developmental
15disabilities service.
16    "Aggravating circumstance" means a factor that is
17attendant to a finding and that tends to compound or increase
18the culpability of the accused.
19    "Allegation" means an assertion, complaint, suspicion, or
20incident involving any of the following conduct by an
21employee, facility, or agency against an individual or
22individuals: mental abuse, physical abuse, sexual abuse,
23neglect, or financial exploitation.
24    "Day" means working day, unless otherwise specified.
25    "Deflection" means a situation in which an individual is
26presented for admission to a facility or agency, and the

 

 

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1facility staff or agency staff do not admit the individual.
2"Deflection" includes triage, redirection, and denial of
3admission.
4    "Department" means the Department of Human Services.
5    "Developmental disability" means "developmental
6disability" as defined in the Mental Health and Developmental
7Disabilities Code.
8    "Egregious neglect" means a finding of neglect as
9determined by the Inspector General that (i) represents a
10gross failure to adequately provide for, or a callused
11indifference to, the health, safety, or medical needs of an
12individual and (ii) results in an individual's death or other
13serious deterioration of an individual's physical condition or
14mental condition.
15    "Employee" means any person who provides services at the
16facility or agency on-site or off-site. The service
17relationship can be with the individual or with the facility
18or agency. Also, "employee" includes any employee or
19contractual agent of the Department of Human Services or the
20community agency involved in providing or monitoring or
21administering mental health or developmental disability
22services. This includes but is not limited to: owners,
23operators, payroll personnel, contractors, subcontractors, and
24volunteers.
25    "Facility" or "State-operated facility" means a mental
26health facility or developmental disabilities facility

 

 

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1operated by the Department.
2    "Financial exploitation" means taking unjust advantage of
3an individual's assets, property, or financial resources
4through deception, intimidation, or conversion for the
5employee's, facility's, or agency's own advantage or benefit.
6    "Finding" means the Office of Inspector General's
7determination regarding whether an allegation is
8substantiated, unsubstantiated, or unfounded.
9    "Health Care Worker Registry" or "Registry" means the
10Health Care Worker Registry under the Health Care Worker
11Background Check Act.
12    "Individual" means any person receiving mental health
13service, developmental disabilities service, or both from a
14facility or agency, while either on-site or off-site.
15    "Mental abuse" means the use of demeaning, intimidating,
16or threatening words, signs, gestures, or other actions by an
17employee about an individual and in the presence of an
18individual or individuals that results in emotional distress
19or maladaptive behavior, or could have resulted in emotional
20distress or maladaptive behavior, for any individual present.
21    "Mental illness" means "mental illness" as defined in the
22Mental Health and Developmental Disabilities Code.
23    "Mentally ill" means having a mental illness.
24    "Mitigating circumstance" means a condition that (i) is
25attendant to a finding, (ii) does not excuse or justify the
26conduct in question, but (iii) may be considered in evaluating

 

 

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1the severity of the conduct, the culpability of the accused,
2or both the severity of the conduct and the culpability of the
3accused.
4    "Neglect" means an employee's, agency's, or facility's
5failure to provide adequate medical care, personal care, or
6maintenance and that, as a consequence, (i) causes an
7individual pain, injury, or emotional distress, (ii) results
8in either an individual's maladaptive behavior or the
9deterioration of an individual's physical condition or mental
10condition, or (iii) places the individual's health or safety
11at substantial risk.
12    "Person with a developmental disability" means a person
13having a developmental disability.
14    "Physical abuse" means an employee's non-accidental and
15inappropriate contact with an individual that causes bodily
16harm. "Physical abuse" includes actions that cause bodily harm
17as a result of an employee directing an individual or person to
18physically abuse another individual.
19    "Recommendation" means an admonition, separate from a
20finding, that requires action by the facility, agency, or
21Department to correct a systemic issue, problem, or deficiency
22identified during an investigation.
23    "Required reporter" means any employee who suspects,
24witnesses, or is informed of an allegation of any one or more
25of the following: mental abuse, physical abuse, sexual abuse,
26neglect, or financial exploitation.

 

 

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1    "Secretary" means the Chief Administrative Officer of the
2Department.
3    "Sexual abuse" means any sexual contact or intimate
4physical contact between an employee and an individual,
5including an employee's coercion or encouragement of an
6individual to engage in sexual behavior that results in sexual
7contact, intimate physical contact, sexual behavior, or
8intimate physical behavior. Sexual abuse also includes (i) an
9employee's actions that result in the sending or showing of
10sexually explicit images to an individual via computer,
11cellular phone, electronic mail, portable electronic device,
12or other media with or without contact with the individual or
13(ii) an employee's posting of sexually explicit images of an
14individual online or elsewhere whether or not there is contact
15with the individual.
16    "Sexually explicit images" includes, but is not limited
17to, any material which depicts nudity, sexual conduct, or
18sado-masochistic abuse, or which contains explicit and
19detailed verbal descriptions or narrative accounts of sexual
20excitement, sexual conduct, or sado-masochistic abuse.
21    "Substantiated" means there is a preponderance of the
22evidence to support the allegation.
23    "Unfounded" means there is no credible evidence to support
24the allegation.
25    "Unsubstantiated" means there is credible evidence, but
26less than a preponderance of evidence to support the

 

 

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

 

 

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

 

 

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

 

 

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1in Title 59, Parts 115, 116, and 119 of the Illinois
2Administrative Code, and (ii) every person authorized to
3conduct investigations shall receive ongoing training in Title
459, Part 50 of the Illinois Administrative Code. Nothing in
5this Section shall be deemed to prevent the Office of
6Inspector General from conducting any other training as
7determined by the Inspector General to be necessary or
8helpful.
9    (i) Duty to cooperate.
10        (1) The Inspector General shall at all times be
11    granted access to any facility or agency for the purpose
12    of investigating any allegation, conducting unannounced
13    site visits, monitoring compliance with a written
14    response, or completing any other statutorily assigned
15    duty. The Inspector General shall conduct unannounced site
16    visits to each facility at least annually for the purpose
17    of reviewing and making recommendations on systemic issues
18    relative to preventing, reporting, investigating, and
19    responding to all of the following: mental abuse, physical
20    abuse, sexual abuse, neglect, egregious neglect, or
21    financial exploitation.
22        (2) Any employee who fails to cooperate with an Office
23    of the Inspector General investigation is in violation of
24    this Act. Failure to cooperate with an investigation
25    includes, but is not limited to, any one or more of the
26    following: (i) creating and transmitting a false report to

 

 

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

 

 

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

 

 

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

 

 

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1    the Domestic Abuse Program under the Abuse of Adults with
2    Disabilities Intervention Act. If the allegation is
3    reportable to that program, the Office of the Inspector
4    General shall initiate an investigation. If the allegation
5    is not reportable to the Domestic Abuse Program, the
6    Office of the Inspector General shall make an expeditious
7    referral to the respective law enforcement entity. If the
8    alleged victim is already receiving services from the
9    Department, the Office of the Inspector General shall also
10    make a referral to the respective Department of Human
11    Services' Division or Bureau.
12    (m) Investigative reports. Upon completion of an
13investigation, the Office of Inspector General shall issue an
14investigative report identifying whether the allegations are
15substantiated, unsubstantiated, or unfounded. Within 10
16business days after the transmittal of a completed
17investigative report substantiating an allegation, finding an
18allegation is unsubstantiated, or if a recommendation is made,
19the Inspector General shall provide the investigative report
20on the case to the Secretary and to the director of the
21facility or agency where any one or more of the following
22occurred: mental abuse, physical abuse, sexual abuse, neglect,
23egregious neglect, or financial exploitation. The director of
24the facility or agency shall be responsible for maintaining
25the confidentiality of the investigative report consistent
26with State and federal law. In a substantiated case, the

 

 

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1investigative report shall include any mitigating or
2aggravating circumstances that were identified during the
3investigation. If the case involves substantiated neglect, the
4investigative report shall also state whether egregious
5neglect was found. An investigative report may also set forth
6recommendations. All investigative reports prepared by the
7Office of the Inspector General shall be considered
8confidential and shall not be released except as provided by
9the law of this State or as required under applicable federal
10law. Unsubstantiated and unfounded reports shall not be
11disclosed except as allowed under Section 6 of the Abused and
12Neglected Long Term Care Facility Residents Reporting Act. Raw
13data used to compile the investigative report shall not be
14subject to release unless required by law or a court order.
15"Raw data used to compile the investigative report" includes,
16but is not limited to, any one or more of the following: the
17initial complaint, witness statements, photographs,
18investigator's notes, police reports, or incident reports. If
19the allegations are substantiated, the victim, the victim's
20guardian, and the accused shall be provided with a redacted
21copy of the investigative report. Death reports where there
22was no allegation of abuse or neglect shall only be released
23pursuant to applicable State or federal law or a valid court
24order. Unredacted investigative reports, as well as raw data,
25may be shared with a local law enforcement entity, a State's
26Attorney's office, or a county coroner's office upon written

 

 

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1request.
2    (n) Written responses, clarification requests, and
3reconsideration requests.
4        (1) Written responses. Within 30 calendar days from
5    receipt of a substantiated investigative report or an
6    investigative report which contains recommendations,
7    absent a reconsideration request, the facility or agency
8    shall file a written response that addresses, in a concise
9    and reasoned manner, the actions taken to: (i) protect the
10    individual; (ii) prevent recurrences; and (iii) eliminate
11    the problems identified. The response shall include the
12    implementation and completion dates of such actions. If
13    the written response is not filed within the allotted 30
14    calendar day period, the Secretary shall determine the
15    appropriate corrective action to be taken.
16        (2) Requests for clarification. The facility, agency,
17    victim or guardian, or the subject employee may request
18    that the Office of Inspector General clarify the finding
19    or findings for which clarification is sought.
20        (3) Requests for reconsideration. The facility,
21    agency, victim or guardian, or the subject employee may
22    request that the Office of the Inspector General
23    reconsider the finding or findings or the recommendations.
24    A request for reconsideration shall be subject to a
25    multi-layer review and shall include at least one reviewer
26    who did not participate in the investigation or approval

 

 

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1    of the original investigative report. After the
2    multi-layer review process has been completed, the
3    Inspector General shall make the final determination on
4    the reconsideration request. The investigation shall be
5    reopened if the reconsideration determination finds that
6    additional information is needed to complete the
7    investigative record.
8    (o) Disclosure of the finding by the Inspector General.
9The Inspector General shall disclose the finding of an
10investigation to the following persons: (i) the Governor, (ii)
11the Secretary, (iii) the director of the facility or agency,
12(iv) the alleged victims and their guardians, (v) the
13complainant, and (vi) the accused. This information shall
14include whether the allegations were deemed substantiated,
15unsubstantiated, or unfounded.
16    (p) Secretary review. Upon review of the Inspector
17General's investigative report and any agency's or facility's
18written response, the Secretary shall accept or reject the
19written response and notify the Inspector General of that
20determination. The Secretary may further direct that other
21administrative action be taken, including, but not limited to,
22any one or more of the following: (i) additional site visits,
23(ii) training, (iii) provision of technical assistance
24relative to administrative needs, licensure, or certification,
25or (iv) the imposition of appropriate sanctions.
26    (q) Action by facility or agency. Within 30 days of the

 

 

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

 

 

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1        (3) Closure of units.
2        (4) Termination of any one or more of the following:
3    (i) Department licensing, (ii) funding, or (iii)
4    certification.
5    The Inspector General may seek the assistance of the
6Illinois Attorney General or the office of any State's
7Attorney in implementing sanctions.
8    (s) Health Care Worker Registry.
9        (1) Reporting to the Registry. The Inspector General
10    shall report to the Department of Public Health's Health
11    Care Worker Registry, a public registry, the identity and
12    finding of each employee of a facility or agency against
13    whom there is a final investigative report prepared by the
14    Office of the Inspector General containing a substantiated
15    allegation of physical or sexual abuse, financial
16    exploitation, or egregious neglect of an individual,
17    unless the Inspector General requests a stipulated
18    disposition of the investigative report that does not
19    include the reporting of the employee's name to the Health
20    Care Worker Registry and the Secretary of Human Services
21    agrees with the requested stipulated disposition.
22        (2) Notice to employee. Prior to reporting the name of
23    an employee, the employee shall be notified of the
24    Department's obligation to report and shall be granted an
25    opportunity to request an administrative hearing, the sole
26    purpose of which is to determine if the substantiated

 

 

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1    finding warrants reporting to the Registry. Notice to the
2    employee shall contain a clear and concise statement of
3    the grounds on which the report to the Registry is based,
4    offer the employee an opportunity for a hearing, and
5    identify the process for requesting such a hearing. Notice
6    is sufficient if provided by certified mail to the
7    employee's last known address. If the employee fails to
8    request a hearing within 30 days from the date of the
9    notice, the Inspector General shall report the name of the
10    employee to the Registry. Nothing in this subdivision
11    (s)(2) shall diminish or impair the rights of a person who
12    is a member of a collective bargaining unit under the
13    Illinois Public Labor Relations Act or under any other
14    federal labor statute.
15        (3) Registry hearings. If the employee requests an
16    administrative hearing, the employee shall be granted an
17    opportunity to appear before an administrative law judge
18    to present reasons why the employee's name should not be
19    reported to the Registry. The Department shall bear the
20    burden of presenting evidence that establishes, by a
21    preponderance of the evidence, that the substantiated
22    finding warrants reporting to the Registry. After
23    considering all the evidence presented, the administrative
24    law judge shall make a recommendation to the Secretary as
25    to whether the substantiated finding warrants reporting
26    the name of the employee to the Registry. The Secretary

 

 

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1    shall render the final decision. The Department and the
2    employee shall have the right to request that the
3    administrative law judge consider a stipulated disposition
4    of these proceedings.
5        (4) Testimony at Registry hearings. A person who makes
6    a report or who investigates a report under this Act shall
7    testify fully in any judicial proceeding resulting from
8    such a report, as to any evidence of abuse or neglect, or
9    the cause thereof. No evidence shall be excluded by reason
10    of any common law or statutory privilege relating to
11    communications between the alleged perpetrator of abuse or
12    neglect, or the individual alleged as the victim in the
13    report, and the person making or investigating the report.
14    Testimony at hearings is exempt from the confidentiality
15    requirements of subsection (f) of Section 10 of the Mental
16    Health and Developmental Disabilities Confidentiality Act.
17        (5) Employee's rights to collateral action. No
18    reporting to the Registry shall occur and no hearing shall
19    be set or proceed if an employee notifies the Inspector
20    General in writing, including any supporting
21    documentation, that he or she is formally contesting an
22    adverse employment action resulting from a substantiated
23    finding by complaint filed with the Illinois Civil Service
24    Commission, or which otherwise seeks to enforce the
25    employee's rights pursuant to any applicable collective
26    bargaining agreement. If an action taken by an employer

 

 

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1    against an employee as a result of a finding of physical
2    abuse, sexual abuse, or egregious neglect is overturned
3    through an action filed with the Illinois Civil Service
4    Commission or under any applicable collective bargaining
5    agreement and if that employee's name has already been
6    sent to the Registry, the employee's name shall be removed
7    from the Registry.
8        (6) Removal from Registry. At any time after the
9    report to the Registry, but no more than once in any
10    12-month period, an employee may petition the Department
11    in writing to remove his or her name from the Registry.
12    Upon receiving notice of such request, the Inspector
13    General shall conduct an investigation into the petition.
14    Upon receipt of such request, an administrative hearing
15    will be set by the Department. At the hearing, the
16    employee shall bear the burden of presenting evidence that
17    establishes, by a preponderance of the evidence, that
18    removal of the name from the Registry is in the public
19    interest. The parties may jointly request that the
20    administrative law judge consider a stipulated disposition
21    of these proceedings.
22    (t) Review of Administrative Decisions. The Department
23shall preserve a record of all proceedings at any formal
24hearing conducted by the Department involving Health Care
25Worker Registry hearings. Final administrative decisions of
26the Department are subject to judicial review pursuant to

 

 

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1provisions of the Administrative Review Law.
2    (u) Quality Care Board. There is created, within the
3Office of the Inspector General, a Quality Care Board to be
4composed of 7 members appointed by the Governor with the
5advice and consent of the Senate. One of the members shall be
6designated as chairman by the Governor. Of the initial
7appointments made by the Governor, 4 Board members shall each
8be appointed for a term of 4 years and 3 members shall each be
9appointed for a term of 2 years. Upon the expiration of each
10member's term, a successor shall be appointed for a term of 4
11years. In the case of a vacancy in the office of any member,
12the Governor shall appoint a successor for the remainder of
13the unexpired term.
14    Members appointed by the Governor shall be qualified by
15professional knowledge or experience in the area of law,
16investigatory techniques, or in the area of care of the
17mentally ill or care of persons with developmental
18disabilities. Two members appointed by the Governor shall be
19persons with a disability or parents of persons with a
20disability. Members shall serve without compensation, but
21shall be reimbursed for expenses incurred in connection with
22the performance of their duties as members.
23    The Board shall meet quarterly, and may hold other
24meetings on the call of the chairman. Four members shall
25constitute a quorum allowing the Board to conduct its
26business. The Board may adopt rules and regulations it deems

 

 

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1necessary to govern its own procedures.
2    The Board shall monitor and oversee the operations,
3policies, and procedures of the Inspector General to ensure
4the prompt and thorough investigation of allegations of
5neglect and abuse. In fulfilling these responsibilities, the
6Board may do the following:
7        (1) Provide independent, expert consultation to the
8    Inspector General on policies and protocols for
9    investigations of alleged abuse, neglect, or both abuse
10    and neglect.
11        (2) Review existing regulations relating to the
12    operation of facilities.
13        (3) Advise the Inspector General as to the content of
14    training activities authorized under this Section.
15        (4) Recommend policies concerning methods for
16    improving the intergovernmental relationships between the
17    Office of the Inspector General and other State or federal
18    offices.
19    (v) Annual report. The Inspector General shall provide to
20the General Assembly and the Governor, no later than January 1
21of each year, a summary of reports and investigations made
22under this Act for the prior fiscal year with respect to
23individuals receiving mental health or developmental
24disabilities services. The report shall detail the imposition
25of sanctions, if any, and the final disposition of any
26corrective or administrative action directed by the Secretary.

 

 

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1The summaries shall not contain any confidential or
2identifying information of any individual, but shall include
3objective data identifying any trends in the number of
4reported allegations, the timeliness of the Office of the
5Inspector General's investigations, and their disposition, for
6each facility and Department-wide, for the most recent 3-year
7time period. The report shall also identify, by facility, the
8staff-to-patient ratios taking account of direct care staff
9only. The report shall also include detailed recommended
10administrative actions and matters for consideration by the
11General Assembly.
12    (w) Program audit. The Auditor General shall conduct a
13program audit of the Office of the Inspector General on an
14as-needed basis, as determined by the Auditor General. The
15audit shall specifically include the Inspector General's
16compliance with the Act and effectiveness in investigating
17reports of allegations occurring in any facility or agency.
18The Auditor General shall conduct the program audit according
19to the provisions of the Illinois State Auditing Act and shall
20report its findings to the General Assembly no later than
21January 1 following the audit period.
22    (x) Nothing in this Section shall be construed to mean
23that an individual is a victim of abuse or neglect because of
24health care services appropriately provided or not provided by
25health care professionals.
26    (y) Nothing in this Section shall require a facility,

 

 

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1including its employees, agents, medical staff members, and
2health care professionals, to provide a service to an
3individual in contravention of that individual's stated or
4implied objection to the provision of that service on the
5ground that that service conflicts with the individual's
6religious beliefs or practices, nor shall the failure to
7provide a service to an individual be considered abuse under
8this Section if the individual has objected to the provision
9of that service based on his or her religious beliefs or
10practices.
11(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.