Illinois General Assembly - Full Text of SB1620
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Full Text of SB1620  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 2/8/2023, by Sen. Jil Tracy


320 ILCS 20/2  from Ch. 23, par. 6602

    Amends the Adult Protective Services Act. Excludes from the definition of "mandated reporter" the State Long-Term Care Ombudsman and the Ombudsman's representatives or volunteers when such persons are prohibited from making a report under federal regulations.

LRB103 30586 KTG 57025 b





SB1620LRB103 30586 KTG 57025 b

1    AN ACT concerning aging.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Adult Protective Services Act is amended by
5changing Section 2 as follows:
6    (320 ILCS 20/2)  (from Ch. 23, par. 6602)
7    Sec. 2. Definitions. As used in this Act, unless the
8context requires otherwise:
9    (a) "Abandonment" means the desertion or willful forsaking
10of an eligible adult by an individual responsible for the care
11and custody of that eligible adult under circumstances in
12which a reasonable person would continue to provide care and
13custody. Nothing in this Act shall be construed to mean that an
14eligible adult is a victim of abandonment because of health
15care services provided or not provided by licensed health care
17    (a-1) "Abuse" means causing any physical, mental or sexual
18injury to an eligible adult, including exploitation of such
19adult's financial resources, and abandonment.
20    Nothing in this Act shall be construed to mean that an
21eligible adult is a victim of abuse, abandonment, neglect, or
22self-neglect for the sole reason that he or she is being
23furnished with or relies upon treatment by spiritual means



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1through prayer alone, in accordance with the tenets and
2practices of a recognized church or religious denomination.
3    Nothing in this Act shall be construed to mean that an
4eligible adult is a victim of abuse because of health care
5services provided or not provided by licensed health care
7    (a-5) "Abuser" means a person who abuses, abandons,
8neglects, or financially exploits an eligible adult.
9    (a-6) "Adult with disabilities" means a person aged 18
10through 59 who resides in a domestic living situation and
11whose disability as defined in subsection (c-5) impairs his or
12her ability to seek or obtain protection from abuse,
13abandonment, neglect, or exploitation.
14    (a-7) "Caregiver" means a person who either as a result of
15a family relationship, voluntarily, or in exchange for
16compensation has assumed responsibility for all or a portion
17of the care of an eligible adult who needs assistance with
18activities of daily living or instrumental activities of daily
20    (b) "Department" means the Department on Aging of the
21State of Illinois.
22    (c) "Director" means the Director of the Department.
23    (c-5) "Disability" means a physical or mental disability,
24including, but not limited to, a developmental disability, an
25intellectual disability, a mental illness as defined under the
26Mental Health and Developmental Disabilities Code, or dementia



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1as defined under the Alzheimer's Disease Assistance Act.
2    (d) "Domestic living situation" means a residence where
3the eligible adult at the time of the report lives alone or
4with his or her family or a caregiver, or others, or other
5community-based unlicensed facility, but is not:
6        (1) A licensed facility as defined in Section 1-113 of
7    the Nursing Home Care Act;
8        (1.5) A facility licensed under the ID/DD Community
9    Care Act;
10        (1.6) A facility licensed under the MC/DD Act;
11        (1.7) A facility licensed under the Specialized Mental
12    Health Rehabilitation Act of 2013;
13        (2) A "life care facility" as defined in the Life Care
14    Facilities Act;
15        (3) A home, institution, or other place operated by
16    the federal government or agency thereof or by the State
17    of Illinois;
18        (4) A hospital, sanitarium, or other institution, the
19    principal activity or business of which is the diagnosis,
20    care, and treatment of human illness through the
21    maintenance and operation of organized facilities
22    therefor, which is required to be licensed under the
23    Hospital Licensing Act;
24        (5) A "community living facility" as defined in the
25    Community Living Facilities Licensing Act;
26        (6) (Blank);



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1        (7) A "community-integrated living arrangement" as
2    defined in the Community-Integrated Living Arrangements
3    Licensure and Certification Act or a "community
4    residential alternative" as licensed under that Act;
5        (8) An assisted living or shared housing establishment
6    as defined in the Assisted Living and Shared Housing Act;
7    or
8        (9) A supportive living facility as described in
9    Section 5-5.01a of the Illinois Public Aid Code.
10    (e) "Eligible adult" means either an adult with
11disabilities aged 18 through 59 or a person aged 60 or older
12who resides in a domestic living situation and is, or is
13alleged to be, abused, abandoned, neglected, or financially
14exploited by another individual or who neglects himself or
15herself. "Eligible adult" also includes an adult who resides
16in any of the facilities that are excluded from the definition
17of "domestic living situation" under paragraphs (1) through
18(9) of subsection (d), if either: (i) the alleged abuse,
19abandonment, or neglect occurs outside of the facility and not
20under facility supervision and the alleged abuser is a family
21member, caregiver, or another person who has a continuing
22relationship with the adult; or (ii) the alleged financial
23exploitation is perpetrated by a family member, caregiver, or
24another person who has a continuing relationship with the
25adult, but who is not an employee of the facility where the
26adult resides.



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1    (f) "Emergency" means a situation in which an eligible
2adult is living in conditions presenting a risk of death or
3physical, mental or sexual injury and the provider agency has
4reason to believe the eligible adult is unable to consent to
5services which would alleviate that risk.
6    (f-1) "Financial exploitation" means the use of an
7eligible adult's resources by another to the disadvantage of
8that adult or the profit or advantage of a person other than
9that adult.
10    (f-5) "Mandated reporter" means any of the following
11persons while engaged in carrying out their professional
13        (1) a professional or professional's delegate while
14    engaged in: (i) social services, (ii) law enforcement,
15    (iii) education, (iv) the care of an eligible adult or
16    eligible adults, or (v) any of the occupations required to
17    be licensed under the Behavior Analyst Licensing Act, the
18    Clinical Psychologist Licensing Act, the Clinical Social
19    Work and Social Work Practice Act, the Illinois Dental
20    Practice Act, the Dietitian Nutritionist Practice Act, the
21    Marriage and Family Therapy Licensing Act, the Medical
22    Practice Act of 1987, the Naprapathic Practice Act, the
23    Nurse Practice Act, the Nursing Home Administrators
24    Licensing and Disciplinary Act, the Illinois Occupational
25    Therapy Practice Act, the Illinois Optometric Practice Act
26    of 1987, the Pharmacy Practice Act, the Illinois Physical



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1    Therapy Act, the Physician Assistant Practice Act of 1987,
2    the Podiatric Medical Practice Act of 1987, the
3    Respiratory Care Practice Act, the Professional Counselor
4    and Clinical Professional Counselor Licensing and Practice
5    Act, the Illinois Speech-Language Pathology and Audiology
6    Practice Act, the Veterinary Medicine and Surgery Practice
7    Act of 2004, and the Illinois Public Accounting Act;
8        (1.5) an employee of an entity providing developmental
9    disabilities services or service coordination funded by
10    the Department of Human Services;
11        (2) an employee of a vocational rehabilitation
12    facility prescribed or supervised by the Department of
13    Human Services;
14        (3) an administrator, employee, or person providing
15    services in or through an unlicensed community based
16    facility;
17        (4) any religious practitioner who provides treatment
18    by prayer or spiritual means alone in accordance with the
19    tenets and practices of a recognized church or religious
20    denomination, except as to information received in any
21    confession or sacred communication enjoined by the
22    discipline of the religious denomination to be held
23    confidential;
24        (5) field personnel of the Department of Healthcare
25    and Family Services, Department of Public Health, and
26    Department of Human Services, and any county or municipal



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1    health department;
2        (6) personnel of the Department of Human Services, the
3    Guardianship and Advocacy Commission, the State Fire
4    Marshal, local fire departments, and the Department on
5    Aging and its subsidiary Area Agencies on Aging and
6    provider agencies, but not including the State Long-Term
7    Care Ombudsman or any of the Ombudsman's representatives
8    or volunteers when such persons are prohibited from making
9    a report as provided under 45 CFR 1324.11(e)(3)(iv) , and
10    the Office of State Long Term Care Ombudsman;
11        (7) any employee of the State of Illinois not
12    otherwise specified herein who is involved in providing
13    services to eligible adults, including professionals
14    providing medical or rehabilitation services and all other
15    persons having direct contact with eligible adults;
16        (8) a person who performs the duties of a coroner or
17    medical examiner; or
18        (9) a person who performs the duties of a paramedic or
19    an emergency medical technician.
20    (g) "Neglect" means another individual's failure to
21provide an eligible adult with or willful withholding from an
22eligible adult the necessities of life including, but not
23limited to, food, clothing, shelter or health care. This
24subsection does not create any new affirmative duty to provide
25support to eligible adults. Nothing in this Act shall be
26construed to mean that an eligible adult is a victim of neglect



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1because of health care services provided or not provided by
2licensed health care professionals.
3    (h) "Provider agency" means any public or nonprofit agency
4in a planning and service area that is selected by the
5Department or appointed by the regional administrative agency
6with prior approval by the Department on Aging to receive and
7assess reports of alleged or suspected abuse, abandonment,
8neglect, or financial exploitation. A provider agency is also
9referenced as a "designated agency" in this Act.
10    (i) "Regional administrative agency" means any public or
11nonprofit agency in a planning and service area that provides
12regional oversight and performs functions as set forth in
13subsection (b) of Section 3 of this Act. The Department shall
14designate an Area Agency on Aging as the regional
15administrative agency or, in the event the Area Agency on
16Aging in that planning and service area is deemed by the
17Department to be unwilling or unable to provide those
18functions, the Department may serve as the regional
19administrative agency or designate another qualified entity to
20serve as the regional administrative agency; any such
21designation shall be subject to terms set forth by the
23    (i-5) "Self-neglect" means a condition that is the result
24of an eligible adult's inability, due to physical or mental
25impairments, or both, or a diminished capacity, to perform
26essential self-care tasks that substantially threaten his or



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1her own health, including: providing essential food, clothing,
2shelter, and health care; and obtaining goods and services
3necessary to maintain physical health, mental health,
4emotional well-being, and general safety. The term includes
5compulsive hoarding, which is characterized by the acquisition
6and retention of large quantities of items and materials that
7produce an extensively cluttered living space, which
8significantly impairs the performance of essential self-care
9tasks or otherwise substantially threatens life or safety.
10    (j) "Substantiated case" means a reported case of alleged
11or suspected abuse, abandonment, neglect, financial
12exploitation, or self-neglect in which a provider agency,
13after assessment, determines that there is reason to believe
14abuse, abandonment, neglect, or financial exploitation has
16    (k) "Verified" means a determination that there is "clear
17and convincing evidence" that the specific injury or harm
18alleged was the result of abuse, abandonment, neglect, or
19financial exploitation.
20(Source: P.A. 102-244, eff. 1-1-22; 102-953, eff. 5-27-22.)