Full Text of HB4552 99th General Assembly
HB4552enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning aging.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Adult Protective Services Act is amended by | 5 | | changing Section 8 as follows:
| 6 | | (320 ILCS 20/8) (from Ch. 23, par. 6608)
| 7 | | Sec. 8. Access to records. All records concerning reports | 8 | | of abuse,
neglect, financial exploitation, or self-neglect and | 9 | | all records generated as a result of
such reports shall be | 10 | | confidential and shall not be disclosed except as
specifically | 11 | | authorized by this Act or other applicable law. In accord with | 12 | | established law and Department protocols, procedures, and | 13 | | policies, access to such
records, but not access to the | 14 | | identity of the person or persons making a
report of alleged | 15 | | abuse, neglect,
financial exploitation, or self-neglect as | 16 | | contained in
such records, shall be provided, upon request, to | 17 | | the following persons and for the following
persons:
| 18 | | (1) Department staff, provider agency staff, other | 19 | | aging network staff, and
regional administrative agency | 20 | | staff, including staff of the Chicago Department on Aging | 21 | | while that agency is designated as a regional | 22 | | administrative agency, in the furtherance of their
| 23 | | responsibilities under this Act;
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| 1 | | (1.5) A representative of the public guardian acting in | 2 | | the course of investigating the appropriateness of | 3 | | guardianship for the eligible adult or while pursuing a | 4 | | petition for guardianship of the eligible adult pursuant to | 5 | | the Probate Act of 1975; | 6 | | (2) A law enforcement agency or State's Attorney's | 7 | | office investigating known or suspected
abuse, neglect, | 8 | | financial exploitation, or self-neglect. Where a provider
| 9 | | agency has reason to believe that the
death of an eligible | 10 | | adult may be the result of abuse or neglect, including any | 11 | | reports made after death, the agency
shall immediately | 12 | | provide the appropriate law enforcement agency with all
| 13 | | records pertaining to the eligible adult;
| 14 | | (2.5) A law enforcement agency, fire department | 15 | | agency, or fire protection district having proper | 16 | | jurisdiction pursuant to a written agreement between a | 17 | | provider agency and the law enforcement agency, fire | 18 | | department agency, or fire protection district under which | 19 | | the provider agency may furnish to the law enforcement | 20 | | agency, fire department agency, or fire protection | 21 | | district a list of all eligible adults who may be at | 22 | | imminent risk of abuse, neglect, financial exploitation, | 23 | | or self-neglect; | 24 | | (3) A physician who has before him or her or who is | 25 | | involved
in the treatment of an eligible adult whom he or | 26 | | she reasonably suspects
may be abused, neglected, |
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| 1 | | financially exploited, or self-neglected or who has been
| 2 | | referred to the Adult Protective Services Program;
| 3 | | (4) An eligible adult reported to be abused,
neglected,
| 4 | | financially exploited, or self-neglected, or such adult's | 5 | | authorized guardian or agent, unless such
guardian or agent | 6 | | is the abuser or the alleged abuser; | 7 | | (4.5) An executor or administrator of the estate of an | 8 | | eligible adult who is deceased;
| 9 | | (5) In cases regarding abuse, neglect, or financial | 10 | | exploitation, a court or a guardian ad litem, upon its or | 11 | | his or
her finding that access to such records may be
| 12 | | necessary for the determination of an issue before the | 13 | | court.
However,
such access shall be limited to an in | 14 | | camera inspection of the records,
unless the court | 15 | | determines that disclosure of the information contained
| 16 | | therein is necessary for the resolution of an issue then | 17 | | pending before it;
| 18 | | (5.5) In cases regarding self-neglect, a guardian ad | 19 | | litem;
| 20 | | (6) A grand jury, upon its determination that access to | 21 | | such
records is necessary in the conduct of its official | 22 | | business;
| 23 | | (7) Any person authorized by the Director, in writing, | 24 | | for
audit or bona fide research purposes;
| 25 | | (8) A coroner or medical examiner who has reason to | 26 | | believe
that an eligible adult has died as the result of |
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| 1 | | abuse, neglect,
financial exploitation, or self-neglect. | 2 | | The provider agency shall immediately provide the
coroner
| 3 | | or medical examiner with all records pertaining to the | 4 | | eligible adult;
| 5 | | (8.5) A coroner or medical examiner having proper | 6 | | jurisdiction, pursuant to a written agreement between a | 7 | | provider agency and the coroner or medical examiner, under | 8 | | which the provider agency may furnish to the office of the | 9 | | coroner or medical examiner a list of all eligible adults | 10 | | who may be at imminent risk of death as a result of abuse, | 11 | | neglect, financial exploitation, or self-neglect; | 12 | | (9) Department of Financial and Professional | 13 | | Regulation staff
and members of the Illinois Medical | 14 | | Disciplinary Board or the Social Work Examining and | 15 | | Disciplinary Board in the course
of investigating alleged | 16 | | violations of the Clinical Social Work and Social Work
| 17 | | Practice Act by provider agency staff or other licensing | 18 | | bodies at the discretion of the Director of the Department | 19 | | on Aging; | 20 | | (9-a) Department of Healthcare and Family Services | 21 | | staff and provider agency staff when that Department is | 22 | | funding services to the eligible adult, including access to | 23 | | the identity of the eligible adult; | 24 | | (9-b) Department of Human Services staff and provider | 25 | | agency staff when that Department is funding services to | 26 | | the eligible adult or is providing reimbursement for |
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| 1 | | services provided by the abuser or alleged abuser, | 2 | | including access to the identity of the eligible adult; | 3 | | (10) Hearing officers in the course of conducting an | 4 | | administrative hearing under this Act; parties to such | 5 | | hearing shall be entitled to discovery as established by | 6 | | rule;
| 7 | | (11) A caregiver who challenges placement on the | 8 | | Registry shall be given the statement of allegations in the | 9 | | abuse report and the substantiation decision in the final | 10 | | investigative report; and | 11 | | (12) The Illinois Guardianship and Advocacy Commission | 12 | | and the agency designated by the Governor under Section 1 | 13 | | of the Protection and Advocacy for Persons with | 14 | | Developmental Disabilities Act shall have access, through | 15 | | the Department, to records, including the findings, | 16 | | pertaining to a completed or closed investigation of a | 17 | | report of suspected abuse, neglect, financial | 18 | | exploitation, or self-neglect of an eligible adult. | 19 | | (Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14; | 20 | | 99-143, eff. 7-27-15; 99-287, eff. 1-1-16; revised 10-26-15.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.
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