Full Text of SB2282 93rd General Assembly
SB2282 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB2282
Introduced 1/22/2004, by Jeffrey M. Schoenberg SYNOPSIS AS INTRODUCED: |
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210 ILCS 30/4 |
from Ch. 111 1/2, par. 4164 |
210 ILCS 45/3-608 |
from Ch. 111 1/2, par. 4153-608 |
210 ILCS 45/3-702 |
from Ch. 111 1/2, par. 4153-702 |
320 ILCS 20/2 |
from Ch. 23, par. 6602 |
320 ILCS 20/4.1 |
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Amends the Abused and Neglected Long Term Care
Facility
Residents Reporting Act, the Nursing Home Care Act, and the Elder Abuse and
Neglect Act. Eliminates Christian Science practitioners as mandated reporters
of possible nursing home resident abuse or neglect. Provides that a mandated
reporter or nursing home resident or employee who suffers damages as a result
of a nursing home's retaliation for making a report of possible nursing home
resident abuse or neglect may bring an action against the nursing home.
Provides that a person who suffers damages as a result of an employer's
discrimination against an employee who makes a report of possible elder abuse
or neglect may bring an action against the employer. Effective immediately.
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A BILL FOR
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SB2282 |
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LRB093 14934 DRJ 40502 b |
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| AN ACT concerning abuse and neglect.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Abused and Neglected Long Term Care | 5 |
| Facility Residents
Reporting Act is amended by changing Section | 6 |
| 4 as follows:
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| (210 ILCS 30/4)
(from Ch. 111 1/2, par. 4164)
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| Sec. 4. Any long term care facility administrator, agent or | 9 |
| employee
or any physician, hospital, surgeon, dentist, | 10 |
| osteopath, chiropractor,
podiatrist, Christian Science | 11 |
| practitioner, coroner, social worker, social
services | 12 |
| administrator, registered nurse, law enforcement officer, | 13 |
| field
personnel of the Illinois Department of Public Aid, field | 14 |
| personnel of the
Illinois Department of Public Health and | 15 |
| County or Municipal Health
Departments, personnel of the | 16 |
| Department of Human Services (acting as the
successor to the | 17 |
| Department of Mental Health and Developmental Disabilities
or | 18 |
| the Department of Public Aid),
personnel of the Guardianship | 19 |
| and Advocacy Commission, personnel of the
State Fire Marshal, | 20 |
| local fire department inspectors or other personnel,
or | 21 |
| personnel of the Illinois
Department on Aging, or its | 22 |
| subsidiary Agencies on Aging, or employee of a
facility | 23 |
| licensed under the Assisted Living and Shared Housing
Act, | 24 |
| having reasonable
cause to believe any
resident with whom they | 25 |
| have direct contact has been subjected to abuse
or neglect | 26 |
| shall immediately report or cause a report
to be made
to the | 27 |
| Department.
Persons required to make reports or cause reports | 28 |
| to
be made under this Section include all employees of the | 29 |
| State of Illinois
who are involved in providing services to | 30 |
| residents, including
professionals providing medical or | 31 |
| rehabilitation services and all other
persons having direct | 32 |
| contact with residents; and further include all
employees of |
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| community service agencies who provide services to a resident
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| of a public or private long term care facility outside of that | 3 |
| facility.
Any long term care surveyor of the Illinois | 4 |
| Department of Public Health
who has reasonable cause to believe | 5 |
| in the course of a survey that a
resident has been abused or | 6 |
| neglected and initiates an investigation while
on site at the | 7 |
| facility shall be exempt from making a report under this
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| Section but the results of any such investigation shall be | 9 |
| forwarded to
the central register in a manner and form | 10 |
| described by the Department.
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| The requirement of this Act shall not relieve any long term | 12 |
| care
facility administrator, agent or employee of | 13 |
| responsibility to report the
abuse or neglect of a resident | 14 |
| under Section 3-610 of the Nursing Home
Care Act.
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| In addition to the above persons required to report | 16 |
| suspected resident
abuse and neglect, any other person may make | 17 |
| a report to the Department,
or to any law enforcement officer, | 18 |
| if such person has reasonable cause to
suspect a resident has | 19 |
| been abused or neglected.
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| This Section also applies to residents whose death occurs | 21 |
| from suspected
abuse or neglect before being found or brought | 22 |
| to a hospital.
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| A person required to make reports or cause reports to be | 24 |
| made under
this Section who fails to comply with the | 25 |
| requirements of this Section is
guilty of a Class A | 26 |
| misdemeanor. A person who is required to make reports or
cause | 27 |
| reports to be made under this Section who suffers damages as a | 28 |
| result of
making or causing to be made a report of a violation | 29 |
| committed by a licensee or
its agents or employees may bring an | 30 |
| action against the licensee and its agents
and employees.
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| (Source: P.A. 91-656, eff. 1-1-01.)
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| Section 10. The Nursing Home Care Act is amended by | 33 |
| changing Sections 3-608
and 3-702 as follows:
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| (210 ILCS 45/3-608)
(from Ch. 111 1/2, par. 4153-608)
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| Sec. 3-608. Discrimination; private right of action. A | 2 |
| licensee or its
agents or employees shall not transfer,
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| discharge, evict, harass, dismiss, or retaliate against a | 4 |
| resident, a
resident's
representative, or an employee or agent | 5 |
| who makes a report under Section
2-107, brings or testifies in | 6 |
| an action under Sections 3-601 through 3-607,
or files a | 7 |
| complaint under Section 3-702, because of the report, | 8 |
| testimony,
or complaint.
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| A person who suffers damages as a result of a violation of | 10 |
| this Section
committed by the licensee or its agents or | 11 |
| employees may bring an action
against the licensee or its | 12 |
| agents or employees.
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| (Source: P.A. 81-223.)
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| (210 ILCS 45/3-702)
(from Ch. 111 1/2, par. 4153-702)
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| Sec. 3-702. (a) A person who believes that this Act or a | 16 |
| rule promulgated
under this Act may have been violated may | 17 |
| request an investigation. The
request may be submitted to the | 18 |
| Department in writing, by telephone, or by
personal visit. An | 19 |
| oral complaint shall be reduced to writing by the
Department. | 20 |
| The Department shall request information identifying the
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| complainant, including the name, address and telephone number, | 22 |
| to help
enable appropriate follow-up. The Department shall act | 23 |
| on such complaints
via on-site visits or other methods deemed | 24 |
| appropriate to handle the
complaints with or without such | 25 |
| identifying information, as otherwise
provided under this | 26 |
| Section.
The complainant shall be informed that
compliance with | 27 |
| such request is not required to satisfy the procedures for
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| filing a complaint under this Act.
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| (b) The substance of the complaint shall be provided in | 30 |
| writing to the
licensee, owner or administrator no earlier than | 31 |
| at the commencement of an
on-site inspection of the facility | 32 |
| which takes place pursuant to the complaint.
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| (c) The Department shall not disclose the name of the | 34 |
| complainant unless
the complainant consents in writing to the | 35 |
| disclosure or the investigation
results in a judicial |
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| proceeding, or unless disclosure is essential to the
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| investigation. The complainant shall be given the opportunity | 3 |
| to withdraw
the complaint before disclosure. Upon the request | 4 |
| of the complainant, the
Department may permit the complainant | 5 |
| or a representative of the complainant
to accompany the person | 6 |
| making the on-site inspection of the facility.
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| (d) Upon receipt of a complaint, the Department shall | 8 |
| determine whether this
Act or a rule promulgated under this Act | 9 |
| has been or is being violated.
The
Department shall investigate | 10 |
| all
complaints alleging abuse or neglect within
7 days after | 11 |
| the receipt of the complaint except that complaints of abuse
or | 12 |
| neglect which indicate that a resident's life or safety is in | 13 |
| imminent
danger shall be investigated within 24 hours after | 14 |
| receipt of the
complaint.
All other complaints shall be | 15 |
| investigated within 30 days after the receipt of
the complaint. | 16 |
| The
Department employees investigating a
complaint shall | 17 |
| conduct a brief, informal exit conference with the facility
to | 18 |
| alert its administration of any suspected serious deficiency | 19 |
| that poses
a direct threat to the health, safety or welfare of | 20 |
| a resident to enable an
immediate correction for the | 21 |
| alleviation or elimination of such threat.
Such information and | 22 |
| findings discussed in the brief exit conference shall
become a | 23 |
| part of the investigating record but shall not in any way
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| constitute an official or final notice of violation as provided | 25 |
| under
Section 3-301. All complaints shall be classified as
"an | 26 |
| invalid report", "a valid report", or "an undetermined
report". | 27 |
| For any complaint classified as "a valid report", the
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| Department must determine within 30 working days
if any rule or | 29 |
| provision of this Act has been or is being violated. The
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| Department may extend the period
in which such determinations | 31 |
| must be made in individual cases for additional
periods
of up | 32 |
| to 30 days each for good cause shown. The Department shall by | 33 |
| rule
establish what
shall constitute good cause.
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| (d-1) The Department shall, whenever possible, combine an | 35 |
| on-site
investigation of a complaint in a facility with other | 36 |
| inspections in order
to avoid duplication of inspections.
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| (e) In all cases, the Department shall inform the | 2 |
| complainant of its
findings within 10 days of its determination | 3 |
| unless otherwise indicated
by the complainant, and the | 4 |
| complainant may direct the Department to
send a copy of such | 5 |
| findings to another person. The Department's findings
may | 6 |
| include comments or documentation provided by either the | 7 |
| complainant
or the licensee pertaining to the complaint. The | 8 |
| Department shall also
notify the facility of such findings | 9 |
| within 10 days of the determination,
but the name of the | 10 |
| complainant or residents shall not be disclosed in this
notice | 11 |
| to the facility. The notice of such
findings shall include a | 12 |
| copy of the written determination; the
correction order, if | 13 |
| any; the warning notice, if any; the inspection
report; or the | 14 |
| State licensure form on which the violation is listed.
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| (f) A written determination, correction order, or warning | 16 |
| notice
concerning a complaint, together with the facility's | 17 |
| response, shall be
available for public inspection, but the | 18 |
| name of the complainant or
resident shall not be disclosed | 19 |
| without his consent.
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| (g) A complainant who is dissatisfied with the | 21 |
| determination or
investigation by the Department may request a | 22 |
| hearing under Section
3-703. The facility shall be given notice | 23 |
| of any such
hearing and may participate in the hearing as a | 24 |
| party. If a facility
requests a hearing under Section 3-703 | 25 |
| which
concerns a matter covered by a complaint, the complainant | 26 |
| shall be given
notice and may participate in the hearing as a | 27 |
| party. A request
for a hearing by either a complainant or a | 28 |
| facility shall be
submitted in writing to the Department within | 29 |
| 30 days after the mailing
of the Department's findings as | 30 |
| described in subsection (e) of this
Section. Upon receipt of | 31 |
| the request the Department shall conduct a hearing
as provided | 32 |
| under Section 3-703.
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| (h) Any person who knowingly transmits a false report to | 34 |
| the
Department commits the offense of disorderly conduct under | 35 |
| subsection
(a)(8) of Section 26-1 of the "Criminal Code of | 36 |
| 1961".
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LRB093 14934 DRJ 40502 b |
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| (Source: P.A. 85-1378 .)
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| Section 15. The Elder Abuse and Neglect Act is amended by | 3 |
| changing Sections
2 and 4.1 as follows:
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| (320 ILCS 20/2)
(from Ch. 23, par. 6602)
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| Sec. 2. Definitions. As used in this Act, unless the | 6 |
| context
requires otherwise:
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| (a) "Abuse" means causing any physical, mental or sexual | 8 |
| injury to an
eligible adult, including exploitation of such | 9 |
| adult's financial resources.
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| Nothing in this Act shall be construed to mean that an | 11 |
| eligible adult is a
victim of abuse or neglect for the sole | 12 |
| reason that he or she is being
furnished with or relies upon | 13 |
| treatment by spiritual means through prayer
alone, in | 14 |
| accordance with the tenets and practices of a recognized church
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| or religious denomination.
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| Nothing in this Act shall be construed to mean that an | 17 |
| eligible adult is a
victim of abuse because of health care | 18 |
| services provided or not provided by
licensed health care | 19 |
| professionals.
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| (a-5) "Abuser" means a person who abuses, neglects, or | 21 |
| financially
exploits an eligible adult.
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| (a-7) "Caregiver" means a person who either as a result of | 23 |
| a family
relationship, voluntarily, or in exchange for | 24 |
| compensation has assumed
responsibility for all or a portion of | 25 |
| the care of an eligible adult who needs
assistance with | 26 |
| activities of daily
living.
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| (b) "Department" means the Department on Aging of the State | 28 |
| of Illinois.
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| (c) "Director" means the Director of the Department.
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| (d) "Domestic living situation" means a residence where the | 31 |
| eligible
adult lives alone or with his or her family or a | 32 |
| caregiver, or others,
or a board and care home or other | 33 |
| community-based unlicensed facility, but
is not:
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| (1) A licensed facility as defined in Section 1-113 of |
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| the Nursing Home
Care Act;
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| (2) A "life care facility" as defined in the Life Care | 3 |
| Facilities Act;
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| (3) A home, institution, or other place operated by the | 5 |
| federal
government or agency thereof or by the State of | 6 |
| Illinois;
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| (4) A hospital, sanitarium, or other institution, the | 8 |
| principal activity
or business of which is the diagnosis, | 9 |
| care, and treatment of human illness
through the | 10 |
| maintenance and operation of organized facilities | 11 |
| therefor,
which is required to be licensed under the | 12 |
| Hospital Licensing Act;
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| (5) A "community living facility" as defined in the | 14 |
| Community Living
Facilities Licensing Act;
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| (6) A "community residential alternative" as defined | 16 |
| in the Community
Residential Alternatives Licensing Act; | 17 |
| and
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| (7) A "community-integrated living arrangement" as | 19 |
| defined in
the Community-Integrated Living Arrangements | 20 |
| Licensure and Certification Act.
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| (e) "Eligible adult" means a person 60 years of age or | 22 |
| older who
resides in a domestic living situation and is, or is | 23 |
| alleged
to be, abused, neglected, or financially exploited by | 24 |
| another individual.
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| (f) "Emergency" means a situation in which an eligible | 26 |
| adult is living
in conditions presenting a risk of death or | 27 |
| physical, mental or sexual
injury and the provider agency has | 28 |
| reason to believe the eligible adult is
unable to
consent to | 29 |
| services which would alleviate that risk.
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| (f-5) "Mandated reporter" means any of the following | 31 |
| persons
while engaged in carrying out their professional | 32 |
| duties:
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| (1) a professional or professional's delegate while | 34 |
| engaged in: (i) social
services, (ii) law enforcement, | 35 |
| (iii) education, (iv) the care of an eligible
adult or | 36 |
| eligible adults, or (v) any of the occupations required to |
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| be licensed
under
the Clinical Psychologist Licensing Act, | 2 |
| the Clinical Social Work and Social
Work Practice Act, the | 3 |
| Illinois Dental Practice Act, the Dietetic and Nutrition
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| Services Practice Act, the Marriage and Family Therapy | 5 |
| Licensing Act, the
Medical Practice Act of 1987, the | 6 |
| Naprapathic Practice Act, the
Nursing and Advanced | 7 |
| Practice Nursing Act, the Nursing Home
Administrators | 8 |
| Licensing and
Disciplinary Act, the Illinois Occupational | 9 |
| Therapy Practice Act, the Illinois
Optometric Practice Act | 10 |
| of 1987, the Pharmacy Practice Act of 1987, the
Illinois | 11 |
| Physical Therapy Act, the Physician Assistant Practice Act | 12 |
| of 1987,
the Podiatric Medical Practice Act of 1987, the | 13 |
| Respiratory Care Practice
Act,
the Professional Counselor | 14 |
| and
Clinical Professional Counselor Licensing Act, the | 15 |
| Illinois Speech-Language
Pathology and Audiology Practice | 16 |
| Act, the Veterinary Medicine and Surgery
Practice Act of | 17 |
| 2004, and the Illinois Public Accounting Act;
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| (2) an employee of a vocational rehabilitation | 19 |
| facility prescribed or
supervised by the Department of | 20 |
| Human Services;
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| (3) an administrator, employee, or person providing | 22 |
| services in or through
an unlicensed community based | 23 |
| facility;
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| (4) (blank)
a Christian Science Practitioner ;
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| (5) field personnel of the Department of Public Aid, | 26 |
| Department of Public
Health, and Department of Human | 27 |
| Services, and any county or
municipal health department;
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| (6) personnel of the Department of Human Services, the | 29 |
| Guardianship and
Advocacy Commission, the State Fire | 30 |
| Marshal, local fire departments, the
Department on Aging | 31 |
| and its subsidiary Area Agencies on Aging and provider
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| agencies, and the Office of State Long Term Care Ombudsman;
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| (7) any employee of the State of Illinois not otherwise | 34 |
| specified herein
who is involved in providing services to | 35 |
| eligible adults, including
professionals providing medical | 36 |
| or rehabilitation services and all
other persons having |
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| direct contact with eligible adults;
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| (8) a person who performs the duties of a coroner
or | 3 |
| medical examiner; or
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| (9) a person who performs the duties of a paramedic or | 5 |
| an emergency
medical
technician.
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| (g) "Neglect" means
another individual's failure to | 7 |
| provide an eligible
adult with or willful withholding from an | 8 |
| eligible adult the necessities of
life including, but not | 9 |
| limited to, food, clothing, shelter or medical care.
This | 10 |
| subsection does not create any new affirmative duty to provide | 11 |
| support to
eligible adults. Nothing in this Act shall be | 12 |
| construed to mean that an
eligible adult is a victim of neglect | 13 |
| because of health care services provided
or not provided by | 14 |
| licensed health care professionals.
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| (h) "Provider agency" means any public or nonprofit agency | 16 |
| in a planning
and service area appointed by the regional | 17 |
| administrative agency with prior
approval by the Department on | 18 |
| Aging to receive and assess reports of
alleged or suspected | 19 |
| abuse, neglect, or financial exploitation.
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| (i) "Regional administrative agency" means any public or | 21 |
| nonprofit
agency in a planning and service area so designated | 22 |
| by the Department,
provided that the designated Area Agency on | 23 |
| Aging shall be designated the
regional administrative agency if | 24 |
| it so requests.
The Department shall assume the functions of | 25 |
| the regional administrative
agency for any planning and service | 26 |
| area where another agency is not so
designated.
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| (j) "Substantiated case" means a reported case of alleged | 28 |
| or suspected
abuse, neglect, or financial exploitation in which | 29 |
| a provider agency,
after assessment, determines that there is | 30 |
| reason to believe abuse,
neglect, or financial exploitation has | 31 |
| occurred.
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| (Source: P.A. 92-16, eff. 6-28-01; 93-281 eff. 12-31-03; | 33 |
| 93-300, eff. 1-1-04;
revised 9-22-03.)
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| (320 ILCS 20/4.1)
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| Sec. 4.1. Employer discrimination ; private right of |
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LRB093 14934 DRJ 40502 b |
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| action . No employer
shall discharge,
demote or suspend, or | 2 |
| threaten to discharge, demote or suspend, or in any
manner | 3 |
| discriminate against any employee who makes any good faith oral | 4 |
| or
written report of suspected elder abuse, neglect, or | 5 |
| financial exploitation or
who is or will be a
witness or | 6 |
| testify in any investigation or proceeding concerning a report
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| of suspected elder abuse, neglect, or financial exploitation.
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| A person who suffers damages as a result of a violation of | 9 |
| this Section
committed by an employer may bring an action | 10 |
| against the employer.
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| (Source: P.A. 90-628, eff. 1-1-99.)
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| Section 99. Effective date. This Act takes effect upon | 13 |
| becoming law.
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