Full Text of SB1748 100th General Assembly
SB1748enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Department of Human Services Act is amended | 5 | | by 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 | 9 | | General Assembly to ensure the health, safety, and financial | 10 | | condition of individuals receiving services in this State due | 11 | | to mental illness, developmental disability, or both by | 12 | | protecting those persons from acts of abuse, neglect, or both | 13 | | by service providers. To that end, the Office of the Inspector | 14 | | General for the Department of Human Services is created to | 15 | | investigate and report upon allegations of the abuse, neglect, | 16 | | or financial exploitation of individuals receiving services | 17 | | within mental health facilities, developmental disabilities | 18 | | facilities, and community agencies operated, licensed, funded | 19 | | or certified by the Department of Human Services, but not | 20 | | licensed or certified by any other State agency. | 21 | | (b) Definitions. The following definitions apply to this | 22 | | Section: | 23 | | "Adult student with a disability" means an adult student, |
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| 1 | | age 18 through 21, inclusive, with an Individual Education | 2 | | Program, other than a resident of a facility licensed by the | 3 | | Department of Children and Family Services in accordance with | 4 | | the Child Care Act of 1969. For purposes of this definition, | 5 | | "through age 21, inclusive", means through the day before the | 6 | | student's 22nd birthday. | 7 | | "Agency" or "community agency" means (i) a community agency | 8 | | licensed, funded, or certified by the Department, but not | 9 | | licensed or certified by any other human services agency of the | 10 | | State, to provide mental health service or developmental | 11 | | disabilities service, or (ii) a program licensed, funded, or | 12 | | certified by the Department, but not licensed or certified by | 13 | | any other human services agency of the State, to provide mental | 14 | | health service or developmental disabilities service. | 15 | | "Aggravating circumstance" means a factor that is | 16 | | attendant to a finding and that tends to compound or increase | 17 | | the culpability of the accused. | 18 | | "Allegation" means an assertion, complaint, suspicion, or | 19 | | incident involving any of the following conduct by an employee, | 20 | | facility, or agency against an individual or individuals: | 21 | | mental abuse, physical abuse, sexual abuse, neglect, or | 22 | | financial exploitation. | 23 | | "Day" means working day, unless otherwise specified. | 24 | | "Deflection" means a situation in which an individual is | 25 | | presented for admission to a facility or agency, and the | 26 | | facility staff or agency staff do not admit the individual. |
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| 1 | | "Deflection" includes triage, redirection, and denial of | 2 | | admission. | 3 | | "Department" means the Department of Human Services. | 4 | | "Developmental disability" means "developmental | 5 | | disability" as defined in the Mental Health and Developmental | 6 | | Disabilities Code. | 7 | | "Egregious neglect" means a finding of neglect as | 8 | | determined by the Inspector General that (i) represents a gross | 9 | | failure to adequately provide for, or a callused indifference | 10 | | to, the health, safety, or medical needs of an individual and | 11 | | (ii) results in an individual's death or other serious | 12 | | deterioration of an individual's physical condition or mental | 13 | | condition. | 14 | | "Employee" means any person who provides services at the | 15 | | facility or agency on-site or off-site. The service | 16 | | relationship can be with the individual or with the facility or | 17 | | agency. Also, "employee" includes any employee or contractual | 18 | | agent of the Department of Human Services or the community | 19 | | agency involved in providing or monitoring or administering | 20 | | mental health or developmental disability services. This | 21 | | includes but is not limited to: owners, operators, payroll | 22 | | personnel, contractors, subcontractors, and volunteers. | 23 | | "Facility" or "State-operated facility" means a mental | 24 | | health facility or developmental disabilities facility | 25 | | operated by the Department. | 26 | | "Financial exploitation" means taking unjust advantage of |
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| 1 | | an individual's assets, property, or financial resources | 2 | | through deception, intimidation, or conversion for the | 3 | | employee's, facility's, or agency's own advantage or benefit. | 4 | | "Finding" means the Office of Inspector General's | 5 | | determination regarding whether an allegation is | 6 | | substantiated, unsubstantiated, or unfounded. | 7 | | "Health care worker registry" or "registry" means the | 8 | | health care worker registry created by the Nursing Home Care | 9 | | Act. | 10 | | "Individual" means any person receiving mental health | 11 | | service, developmental disabilities service, or both from a | 12 | | facility or agency, while either on-site or off-site. | 13 | | "Mental abuse" means the use of demeaning, intimidating, or | 14 | | threatening words, signs, gestures, or other actions by an | 15 | | employee about an individual and in the presence of an | 16 | | individual or individuals that results in emotional distress or | 17 | | maladaptive behavior, or could have resulted in emotional | 18 | | distress or maladaptive behavior, for any individual present. | 19 | | "Mental illness" means "mental illness" as defined in the | 20 | | Mental Health and Developmental Disabilities Code. | 21 | | "Mentally ill" means having a mental illness. | 22 | | "Mitigating circumstance" means a condition that (i) is | 23 | | attendant to a finding, (ii) does not excuse or justify the | 24 | | conduct in question, but (iii) may be considered in evaluating | 25 | | the severity of the conduct, the culpability of the accused, or | 26 | | both the severity of the conduct and the culpability of the |
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| 1 | | accused. | 2 | | "Neglect" means an employee's, agency's, or facility's | 3 | | failure to provide adequate medical care, personal care, or | 4 | | maintenance and that, as a consequence, (i) causes an | 5 | | individual pain, injury, or emotional distress, (ii) results in | 6 | | either an individual's maladaptive behavior or the | 7 | | deterioration of an individual's physical condition or mental | 8 | | condition, or (iii) places the individual's health or safety at | 9 | | substantial risk. | 10 | | "Person with a developmental disability" means a person | 11 | | having a developmental disability. | 12 | | "Physical abuse" means an employee's non-accidental and | 13 | | inappropriate contact with an individual that causes bodily | 14 | | harm. "Physical abuse" includes actions that cause bodily harm | 15 | | as a result of an employee directing an individual or person to | 16 | | physically abuse another individual. | 17 | | "Recommendation" means an admonition, separate from a | 18 | | finding, that requires action by the facility, agency, or | 19 | | Department to correct a systemic issue, problem, or deficiency | 20 | | identified during an investigation. | 21 | | "Required reporter" means any employee who suspects, | 22 | | witnesses, or is informed of an allegation of any one or more | 23 | | of the following: mental abuse, physical abuse, sexual abuse, | 24 | | neglect, or financial exploitation. | 25 | | "Secretary" means the Chief Administrative Officer of the | 26 | | Department. |
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| 1 | | "Sexual abuse" means any sexual contact or intimate | 2 | | physical contact between an employee and an individual, | 3 | | including an employee's coercion or encouragement of an | 4 | | individual to engage in sexual behavior that results in sexual | 5 | | contact, intimate physical contact, sexual behavior, or | 6 | | intimate physical behavior. Sexual abuse also includes (i) an | 7 | | employee's actions that result in the sending or showing of | 8 | | sexually explicit images to an individual via computer, | 9 | | cellular phone, electronic mail, portable electronic device, | 10 | | or other media with or without contact with the individual or | 11 | | (ii) an employee's posting of sexually explicit images of an | 12 | | individual online or elsewhere whether or not there is contact | 13 | | with the individual. | 14 | | "Sexually explicit images" includes, but is not limited to, | 15 | | any material which depicts nudity, sexual conduct, or | 16 | | sado-masochistic abuse, or which contains explicit and | 17 | | detailed verbal descriptions or narrative accounts of sexual | 18 | | excitement, sexual conduct, or sado-masochistic abuse. | 19 | | "Substantiated" means there is a preponderance of the | 20 | | evidence to support the allegation. | 21 | | "Unfounded" means there is no credible evidence to support | 22 | | the allegation. | 23 | | "Unsubstantiated" means there is credible evidence, but | 24 | | less than a preponderance of evidence to support the | 25 | | allegation. | 26 | | (c) Appointment. The Governor shall appoint, and the Senate |
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| 1 | | shall confirm, an Inspector General. The Inspector General | 2 | | shall be appointed for a term of 4 years and shall function | 3 | | within the Department of Human Services and report to the | 4 | | Secretary and the Governor. | 5 | | (d) Operation and appropriation. The Inspector General | 6 | | shall function independently within the Department with | 7 | | respect to the operations of the Office, including the | 8 | | performance of investigations and issuance of findings and | 9 | | recommendations. The appropriation for the Office of Inspector | 10 | | General shall be separate from the overall appropriation for | 11 | | the Department. | 12 | | (e) Powers and duties. The Inspector General shall | 13 | | investigate reports of suspected mental abuse, physical abuse, | 14 | | sexual abuse, neglect, or financial exploitation of | 15 | | individuals in any mental health or developmental disabilities | 16 | | facility or agency and shall have authority to take immediate | 17 | | action to prevent any one or more of the following from | 18 | | happening to individuals under its jurisdiction: mental abuse, | 19 | | physical abuse, sexual abuse, neglect, or financial | 20 | | exploitation. Upon written request of an agency of this State, | 21 | | the Inspector General may assist another agency of the State in | 22 | | investigating reports of the abuse, neglect, or abuse and | 23 | | neglect of persons with mental illness, persons with | 24 | | developmental disabilities, or persons with both. To comply | 25 | | with the requirements of subsection (k) of this Section, the | 26 | | Inspector General shall also review all reportable deaths for |
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| 1 | | which there is no allegation of abuse or neglect. Nothing in | 2 | | this Section shall preempt any duties of the Medical Review | 3 | | Board set forth in the Mental Health and Developmental | 4 | | Disabilities Code. The Inspector General shall have no | 5 | | authority to investigate alleged violations of the State | 6 | | Officials and Employees Ethics Act. Allegations of misconduct | 7 | | under the State Officials and Employees Ethics Act shall be | 8 | | referred to the Office of the Governor's Executive Inspector | 9 | | General for investigation. | 10 | | (f) Limitations. The Inspector General shall not conduct an | 11 | | investigation within an agency or facility if that | 12 | | investigation would be redundant to or interfere with an | 13 | | investigation conducted by another State agency. The Inspector | 14 | | General shall have no supervision over, or involvement in, the | 15 | | routine programmatic, licensing, funding, or certification | 16 | | operations of the Department. Nothing in this subsection limits | 17 | | investigations by the Department that may otherwise be required | 18 | | by law or that may be necessary in the Department's capacity as | 19 | | central administrative authority responsible for the operation | 20 | | of the State's mental health and developmental disabilities | 21 | | facilities. | 22 | | (g) Rulemaking authority. The Inspector General shall | 23 | | promulgate rules establishing minimum requirements for | 24 | | reporting allegations as well as for initiating, conducting, | 25 | | and completing investigations based upon the nature of the | 26 | | allegation or allegations. The rules shall clearly establish |
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| 1 | | that if 2 or more State agencies could investigate an | 2 | | allegation, the Inspector General shall not conduct an | 3 | | investigation that would be redundant to, or interfere with, an | 4 | | investigation conducted by another State agency. The rules | 5 | | shall further clarify the method and circumstances under which | 6 | | the Office of Inspector General may interact with the | 7 | | licensing, funding, or certification units of the Department in | 8 | | preventing further occurrences of mental abuse, physical | 9 | | abuse, sexual abuse, neglect, egregious neglect, and financial | 10 | | exploitation. | 11 | | (h) Training programs. The Inspector General shall (i) | 12 | | establish a comprehensive program to ensure that every person | 13 | | authorized to conduct investigations receives ongoing training | 14 | | relative to investigation techniques, communication skills, | 15 | | and the appropriate means of interacting with persons receiving | 16 | | treatment for mental illness, developmental disability, or | 17 | | both mental illness and developmental disability, and (ii) | 18 | | establish and conduct periodic training programs for facility | 19 | | and agency employees concerning the prevention and reporting of | 20 | | any one or more of the following: mental abuse, physical abuse, | 21 | | sexual abuse, neglect, egregious neglect, or financial | 22 | | exploitation. Nothing in this Section shall be deemed to | 23 | | prevent the Office of Inspector General from conducting any | 24 | | other training as determined by the Inspector General to be | 25 | | necessary or helpful. | 26 | | (i) Duty to cooperate. |
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| 1 | | (1) The Inspector General shall at all times be granted | 2 | | access to any facility or agency for the purpose of | 3 | | investigating any allegation, conducting unannounced site | 4 | | visits, monitoring compliance with a written response, or | 5 | | completing any other statutorily assigned duty. The | 6 | | Inspector General shall conduct unannounced site visits to | 7 | | each facility at least annually for the purpose of | 8 | | reviewing and making recommendations on systemic issues | 9 | | relative to preventing, reporting, investigating, and | 10 | | responding to all of the following: mental abuse, physical | 11 | | abuse, sexual abuse, neglect, egregious neglect, or | 12 | | financial exploitation. | 13 | | (2) Any employee who fails to cooperate with an Office | 14 | | of the Inspector General investigation is in violation of | 15 | | this Act. Failure to cooperate with an investigation | 16 | | includes, but is not limited to, any one or more of the | 17 | | following: (i) creating and transmitting a false report to | 18 | | the Office of the Inspector General hotline, (ii) providing | 19 | | false information to an Office of the Inspector General | 20 | | Investigator during an investigation, (iii) colluding with | 21 | | other employees to cover up evidence, (iv) colluding with | 22 | | other employees to provide false information to an Office | 23 | | of the Inspector General investigator, (v) destroying | 24 | | evidence, (vi) withholding evidence, or (vii) otherwise | 25 | | obstructing an Office of the Inspector General | 26 | | investigation. Additionally, any employee who, during an |
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| 1 | | unannounced site visit or written response compliance | 2 | | check, fails to cooperate with requests from the Office of | 3 | | the Inspector General is in violation of this Act. | 4 | | (j) Subpoena powers. The Inspector General shall have the | 5 | | power to subpoena witnesses and compel the production of all | 6 | | documents and physical evidence relating to his or her | 7 | | investigations and any hearings authorized by this Act. This | 8 | | subpoena power shall not extend to persons or documents of a | 9 | | labor organization or its representatives insofar as the | 10 | | persons are acting in a representative capacity to an employee | 11 | | whose conduct is the subject of an investigation or the | 12 | | documents relate to that representation. Any person who | 13 | | otherwise fails to respond to a subpoena or who knowingly | 14 | | provides false information to the Office of the Inspector | 15 | | General by subpoena during an investigation is guilty of a | 16 | | Class A misdemeanor. | 17 | | (k) Reporting allegations and deaths. | 18 | | (1) Allegations. If an employee witnesses, is told of, | 19 | | or has reason to believe an incident of mental abuse, | 20 | | physical abuse, sexual abuse, neglect, or financial | 21 | | exploitation has occurred, the employee, agency, or | 22 | | facility shall report the allegation by phone to the Office | 23 | | of the Inspector General hotline according to the agency's | 24 | | or facility's procedures, but in no event later than 4 | 25 | | hours after the initial discovery of the incident, | 26 | | allegation, or suspicion of any one or more of the |
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| 1 | | following: mental abuse, physical abuse, sexual abuse, | 2 | | neglect, or financial exploitation. A required reporter as | 3 | | defined in subsection (b) of this Section who knowingly or | 4 | | intentionally fails to comply with these reporting | 5 | | requirements is guilty of a Class A misdemeanor. | 6 | | (2) Deaths. Absent an allegation, a required reporter | 7 | | shall, within 24 hours after initial discovery, report by | 8 | | phone to the Office of the Inspector General hotline each | 9 | | of the following: | 10 | | (i) Any death of an individual occurring within 14 | 11 | | calendar days after discharge or transfer of the | 12 | | individual from a residential program or facility. | 13 | | (ii) Any death of an individual occurring within 24 | 14 | | hours after deflection from a residential program or | 15 | | facility. | 16 | | (iii) Any other death of an individual occurring at | 17 | | an agency or facility or at any Department-funded site. | 18 | | (3) Retaliation. It is a violation of this Act for any | 19 | | employee or administrator of an agency or facility to take | 20 | | retaliatory action against an employee who acts in good | 21 | | faith in conformance with his or her duties as a required | 22 | | reporter. | 23 | | (l) Reporting to law enforcement. | 24 | | (1) Reporting criminal acts. Within 24 hours after | 25 | | determining that there is credible evidence indicating | 26 | | that a criminal act may have been committed or that special |
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| 1 | | expertise may be required in an investigation, the | 2 | | Inspector General shall notify the Department of State | 3 | | Police or other appropriate law enforcement authority, or | 4 | | ensure that such notification is made. The Department of | 5 | | State Police shall investigate any report from a | 6 | | State-operated facility indicating a possible murder, | 7 | | sexual assault, or other felony by an employee. All | 8 | | investigations conducted by the Inspector General shall be | 9 | | conducted in a manner designed to ensure the preservation | 10 | | of evidence for possible use in a criminal prosecution. | 11 | | (2) Reporting allegations of adult students with | 12 | | disabilities. Upon receipt of a reportable allegation | 13 | | regarding an adult student with a disability, the | 14 | | Department's Office of the Inspector General shall | 15 | | determine whether the allegation meets the criteria for the | 16 | | Domestic Abuse Program under the Abuse of Adults with | 17 | | Disabilities Intervention Act. If the allegation is | 18 | | reportable to that program, the Office of the Inspector | 19 | | General shall initiate an investigation. If the allegation | 20 | | is not reportable to the Domestic Abuse Program, the Office | 21 | | of the Inspector General shall make an expeditious referral | 22 | | to the respective law enforcement entity. If the alleged | 23 | | victim is already receiving services from the Department, | 24 | | the Office of the Inspector General shall also make a | 25 | | referral to the respective Department of Human Services' | 26 | | Division or Bureau. |
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| 1 | | (m) Investigative reports. Upon completion of an | 2 | | investigation, the Office of Inspector General shall issue an | 3 | | investigative report identifying whether the allegations are | 4 | | substantiated, unsubstantiated, or unfounded. Within 10 | 5 | | business days after the transmittal of a completed | 6 | | investigative report substantiating an allegation, finding an | 7 | | allegation is unsubstantiated, or if a recommendation is made, | 8 | | the Inspector General shall provide the investigative report on | 9 | | the case to the Secretary and to the director of the facility | 10 | | or agency where any one or more of the following occurred: | 11 | | mental abuse, physical abuse, sexual abuse, neglect, egregious | 12 | | neglect, or financial exploitation. The director of the | 13 | | facility or agency shall be responsible for maintaining the | 14 | | confidentiality of the investigative report consistent with | 15 | | State and federal law. In a substantiated case, the | 16 | | investigative report shall include any mitigating or | 17 | | aggravating circumstances that were identified during the | 18 | | investigation. If the case involves substantiated neglect, the | 19 | | investigative report shall also state whether egregious | 20 | | neglect was found. An investigative report may also set forth | 21 | | recommendations. All investigative reports prepared by the | 22 | | Office of the Inspector General shall be considered | 23 | | confidential and shall not be released except as provided by | 24 | | the law of this State or as required under applicable federal | 25 | | law. Unsubstantiated and unfounded reports shall not be | 26 | | disclosed except as allowed under Section 6 of the Abused and |
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| 1 | | Neglected Long Term Care Facility Residents Reporting Act. Raw | 2 | | data used to compile the investigative report shall not be | 3 | | subject to release unless required by law or a court order. | 4 | | "Raw data used to compile the investigative report" includes, | 5 | | but is not limited to, any one or more of the following: the | 6 | | initial complaint, witness statements, photographs, | 7 | | investigator's notes, police reports, or incident reports. If | 8 | | the allegations are substantiated, the accused shall be | 9 | | provided with a redacted copy of the investigative report. | 10 | | Death reports where there was no allegation of abuse or neglect | 11 | | shall only be released pursuant to applicable State or federal | 12 | | law or a valid court order. | 13 | | (n) Written responses and reconsideration requests. | 14 | | (1) Written responses. Within 30 calendar days from | 15 | | receipt of a substantiated investigative report or an | 16 | | investigative report which contains recommendations, | 17 | | absent a reconsideration request, the facility or agency | 18 | | shall file a written response that addresses, in a concise | 19 | | and reasoned manner, the actions taken to: (i) protect the | 20 | | individual; (ii) prevent recurrences; and (iii) eliminate | 21 | | the problems identified. The response shall include the | 22 | | implementation and completion dates of such actions. If the | 23 | | written response is not filed within the allotted 30 | 24 | | calendar day period, the Secretary shall determine the | 25 | | appropriate corrective action to be taken. | 26 | | (2) Reconsideration requests. The facility, agency, |
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| 1 | | victim or guardian, or the subject employee may request | 2 | | that the Office of Inspector General reconsider or clarify | 3 | | its finding based upon additional information. | 4 | | (o) Disclosure of the finding by the Inspector General. The | 5 | | Inspector General shall disclose the finding of an | 6 | | investigation to the following persons: (i) the Governor, (ii) | 7 | | the Secretary, (iii) the director of the facility or agency, | 8 | | (iv) the alleged victims and their guardians, (v) the | 9 | | complainant, and (vi) the accused. This information shall | 10 | | include whether the allegations were deemed substantiated, | 11 | | unsubstantiated, or unfounded. | 12 | | (p) Secretary review. Upon review of the Inspector | 13 | | General's investigative report and any agency's or facility's | 14 | | written response, the Secretary shall accept or reject the | 15 | | written response and notify the Inspector General of that | 16 | | determination. The Secretary may further direct that other | 17 | | administrative action be taken, including, but not limited to, | 18 | | any one or more of the following: (i) additional site visits, | 19 | | (ii) training, (iii) provision of technical assistance | 20 | | relative to administrative needs, licensure or certification, | 21 | | or (iv) the imposition of appropriate sanctions. | 22 | | (q) Action by facility or agency. Within 30 days of the | 23 | | date the Secretary approves the written response or directs | 24 | | that further administrative action be taken, the facility or | 25 | | agency shall provide an implementation report to the Inspector | 26 | | General that provides the status of the action taken. The |
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| 1 | | facility or agency shall be allowed an additional 30 days to | 2 | | send notice of completion of the action or to send an updated | 3 | | implementation report. If the action has not been completed | 4 | | within the additional 30 day period, the facility or agency | 5 | | shall send updated implementation reports every 60 days until | 6 | | completion. The Inspector General shall conduct a review of any | 7 | | implementation plan that takes more than 120 days after | 8 | | approval to complete, and shall monitor compliance through a | 9 | | random review of approved written responses, which may include, | 10 | | but are not limited to: (i) site visits, (ii) telephone | 11 | | contact, and (iii) requests for additional documentation | 12 | | evidencing compliance. | 13 | | (r) Sanctions. Sanctions, if imposed by the Secretary under | 14 | | Subdivision (p)(iv) of this Section, shall be designed to | 15 | | prevent further acts of mental abuse, physical abuse, sexual | 16 | | abuse, neglect, egregious neglect, or financial exploitation | 17 | | or some combination of one or more of those acts at a facility | 18 | | or agency, and may include any one or more of the following: | 19 | | (1) Appointment of on-site monitors. | 20 | | (2) Transfer or relocation of an individual or | 21 | | individuals. | 22 | | (3) Closure of units. | 23 | | (4) Termination of any one or more of the following: | 24 | | (i) Department licensing, (ii) funding, or (iii) | 25 | | certification. | 26 | | The Inspector General may seek the assistance of the |
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| 1 | | Illinois Attorney General or the office of any State's Attorney | 2 | | in implementing sanctions. | 3 | | (s) Health care worker registry. | 4 | | (1) Reporting to the registry. The Inspector General | 5 | | shall report to the Department of Public Health's health | 6 | | care worker registry, a public registry, the identity and | 7 | | finding of each employee of a facility or agency against | 8 | | whom there is a final investigative report containing a | 9 | | substantiated allegation of physical or sexual abuse, | 10 | | financial exploitation, or egregious neglect of an | 11 | | individual. | 12 | | (2) Notice to employee. Prior to reporting the name of | 13 | | an employee, the employee shall be notified of the | 14 | | Department's obligation to report and shall be granted an | 15 | | opportunity to request an administrative hearing, the sole | 16 | | purpose of which is to determine if the substantiated | 17 | | finding warrants reporting to the registry. Notice to the | 18 | | employee shall contain a clear and concise statement of the | 19 | | grounds on which the report to the registry is based, offer | 20 | | the employee an opportunity for a hearing, and identify the | 21 | | process for requesting such a hearing. Notice is sufficient | 22 | | if provided by certified mail to the employee's last known | 23 | | address. If the employee fails to request a hearing within | 24 | | 30 days from the date of the notice, the Inspector General | 25 | | shall report the name of the employee to the registry. | 26 | | Nothing in this subdivision (s)(2) shall diminish or impair |
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| 1 | | the rights of a person who is a member of a collective | 2 | | bargaining unit under the Illinois Public Labor Relations | 3 | | Act or under any other federal labor statute. | 4 | | (3) Registry hearings. If the employee requests an | 5 | | administrative hearing, the employee shall be granted an | 6 | | opportunity to appear before an administrative law judge to | 7 | | present reasons why the employee's name should not be | 8 | | reported to the registry. The Department shall bear the | 9 | | burden of presenting evidence that establishes, by a | 10 | | preponderance of the evidence, that the substantiated | 11 | | finding warrants reporting to the registry. After | 12 | | considering all the evidence presented, the administrative | 13 | | law judge shall make a recommendation to the Secretary as | 14 | | to whether the substantiated finding warrants reporting | 15 | | the name of the employee to the registry. The Secretary | 16 | | shall render the final decision. The Department and the | 17 | | employee shall have the right to request that the | 18 | | administrative law judge consider a stipulated disposition | 19 | | of these proceedings. | 20 | | (4) Testimony at registry hearings. A person who makes | 21 | | a report or who investigates a report under this Act shall | 22 | | testify fully in any judicial proceeding resulting from | 23 | | such a report, as to any evidence of abuse or neglect, or | 24 | | the cause thereof. No evidence shall be excluded by reason | 25 | | of any common law or statutory privilege relating to | 26 | | communications between the alleged perpetrator of abuse or |
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| 1 | | neglect, or the individual alleged as the victim in the | 2 | | report, and the person making or investigating the report. | 3 | | Testimony at hearings is exempt from the confidentiality | 4 | | requirements of subsection (f) of Section 10 of the Mental | 5 | | Health and Developmental Disabilities Confidentiality Act. | 6 | | (5) Employee's rights to collateral action. No | 7 | | reporting to the registry shall occur and no hearing shall | 8 | | be set or proceed if an employee notifies the Inspector | 9 | | General in writing, including any supporting | 10 | | documentation, that he or she is formally contesting an | 11 | | adverse employment action resulting from a substantiated | 12 | | finding by complaint filed with the Illinois Civil Service | 13 | | Commission, or which otherwise seeks to enforce the | 14 | | employee's rights pursuant to any applicable collective | 15 | | bargaining agreement. If an action taken by an employer | 16 | | against an employee as a result of a finding of physical | 17 | | abuse, sexual abuse, or egregious neglect is overturned | 18 | | through an action filed with the Illinois Civil Service | 19 | | Commission or under any applicable collective bargaining | 20 | | agreement and if that employee's name has already been sent | 21 | | to the registry, the employee's name shall be removed from | 22 | | the registry. | 23 | | (6) Removal from registry. At any time after the report | 24 | | to the registry, but no more than once in any 12-month | 25 | | period, an employee may petition the Department in writing | 26 | | to remove his or her name from the registry. Upon receiving |
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| 1 | | notice of such request, the Inspector General shall conduct | 2 | | an investigation into the petition. Upon receipt of such | 3 | | request, an administrative hearing will be set by the | 4 | | Department. At the hearing, the employee shall bear the | 5 | | burden of presenting evidence that establishes, by a | 6 | | preponderance of the evidence, that removal of the name | 7 | | from the registry is in the public interest. The parties | 8 | | may jointly request that the administrative law judge | 9 | | consider a stipulated disposition of these proceedings. | 10 | | (t) Review of Administrative Decisions. The Department | 11 | | shall preserve a record of all proceedings at any formal | 12 | | hearing conducted by the Department involving health care | 13 | | worker registry hearings. Final administrative decisions of | 14 | | the Department are subject to judicial review pursuant to | 15 | | provisions of the Administrative Review Law. | 16 | | (u) Quality Care Board. There is created, within the Office | 17 | | of the Inspector General, a Quality Care Board to be composed | 18 | | of 7 members appointed by the Governor with the advice and | 19 | | consent of the Senate. One of the members shall be designated | 20 | | as chairman by the Governor. Of the initial appointments made | 21 | | by the Governor, 4 Board members shall each be appointed for a | 22 | | term of 4 years and 3 members shall each be appointed for a | 23 | | term of 2 years. Upon the expiration of each member's term, a | 24 | | successor shall be appointed for a term of 4 years. In the case | 25 | | of a vacancy in the office of any member, the Governor shall | 26 | | appoint a successor for the remainder of the unexpired term. |
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| 1 | | Members appointed by the Governor shall be qualified by | 2 | | professional knowledge or experience in the area of law, | 3 | | investigatory techniques, or in the area of care of the | 4 | | mentally ill or care of persons with developmental | 5 | | disabilities. Two members appointed by the Governor shall be | 6 | | persons with a disability or a parent of a person with a | 7 | | disability. Members shall serve without compensation, but | 8 | | shall be reimbursed for expenses incurred in connection with | 9 | | the performance of their duties as members. | 10 | | The Board shall meet quarterly, and may hold other meetings | 11 | | on the call of the chairman. Four members shall constitute a | 12 | | quorum allowing the Board to conduct its business. The Board | 13 | | may adopt rules and regulations it deems necessary to govern | 14 | | its own procedures. | 15 | | The Board shall monitor and oversee the operations, | 16 | | policies, and procedures of the Inspector General to ensure the | 17 | | prompt and thorough investigation of allegations of neglect and | 18 | | abuse. In fulfilling these responsibilities, the Board may do | 19 | | the following: | 20 | | (1) Provide independent, expert consultation to the | 21 | | Inspector General on policies and protocols for | 22 | | investigations of alleged abuse, neglect, or both abuse and | 23 | | neglect. | 24 | | (2) Review existing regulations relating to the | 25 | | operation of facilities. | 26 | | (3) Advise the Inspector General as to the content of |
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| 1 | | training activities authorized under this Section. | 2 | | (4) Recommend policies concerning methods for | 3 | | improving the intergovernmental relationships between the | 4 | | Office of the Inspector General and other State or federal | 5 | | offices. | 6 | | (v) Annual report. The Inspector General shall provide to | 7 | | the General Assembly and the Governor, no later than January 1 | 8 | | of each year, a summary of reports and investigations made | 9 | | under this Act for the prior fiscal year with respect to | 10 | | individuals receiving mental health or developmental | 11 | | disabilities services. The report shall detail the imposition | 12 | | of sanctions, if any, and the final disposition of any | 13 | | corrective or administrative action directed by the Secretary. | 14 | | The summaries shall not contain any confidential or identifying | 15 | | information of any individual, but shall include objective data | 16 | | identifying any trends in the number of reported allegations, | 17 | | the timeliness of the Office of the Inspector General's | 18 | | investigations, and their disposition, for each facility and | 19 | | Department-wide, for the most recent 3-year time period. The | 20 | | report shall also identify, by facility, the staff-to-patient | 21 | | ratios taking account of direct care staff only. The report | 22 | | shall also include detailed recommended administrative actions | 23 | | and matters for consideration by the General Assembly. | 24 | | (w) Program audit. The Auditor General shall conduct a | 25 | | program audit of the Office of the Inspector General on an | 26 | | as-needed basis, as determined by the Auditor General. The |
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| 1 | | audit shall specifically include the Inspector General's | 2 | | compliance with the Act and effectiveness in investigating | 3 | | reports of allegations occurring in any facility or agency. The | 4 | | Auditor General shall conduct the program audit according to | 5 | | the provisions of the Illinois State Auditing Act and shall | 6 | | report its findings to the General Assembly no later than | 7 | | January 1 following the audit period.
| 8 | | (x) Nothing in this Section shall be construed to mean that | 9 | | a patient is a victim of abuse or neglect because of health | 10 | | care services appropriately provided or not provided by health | 11 | | care professionals. | 12 | | (y) Nothing in this Section shall require a facility, | 13 | | including its employees, agents, medical staff members, and | 14 | | health care professionals, to provide a service to a patient in | 15 | | contravention of that patient's stated or implied objection to | 16 | | the provision of that service on the ground that that service | 17 | | conflicts with the patient's religious beliefs or practices, | 18 | | nor shall the failure to provide a service to a patient be | 19 | | considered abuse under this Section if the patient has objected | 20 | | to the provision of that service based on his or her religious | 21 | | beliefs or practices.
| 22 | | (Source: P.A. 98-49, eff. 7-1-13; 98-711, eff. 7-16-14; 99-143, | 23 | | eff. 7-27-15; 99-323, eff. 8-7-15; 99-642, eff. 7-28-16.)
| 24 | | Section 10. The Community-Integrated Living Arrangements | 25 | | Licensure and
Certification Act is amended by changing Sections |
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| 1 | | 4, 6, and 13 and by adding Section 9.2 as follows:
| 2 | | (210 ILCS 135/4) (from Ch. 91 1/2, par. 1704)
| 3 | | Sec. 4.
(a) Any community mental health or developmental | 4 | | services agency who
wishes to develop and support a variety of | 5 | | community-integrated living
arrangements may do so pursuant to | 6 | | a license issued by the Department under this Act.
However, | 7 | | programs established under or otherwise subject to the Child
| 8 | | Care Act of 1969, the Nursing Home Care Act, the Specialized | 9 | | Mental Health Rehabilitation Act of 2013, the ID/DD Community | 10 | | Care Act, or the MC/DD Act, as now or
hereafter amended, shall | 11 | | remain
subject thereto, and this Act shall not be construed to | 12 | | limit the
application of those Acts.
| 13 | | (b) The system of licensure established under this Act | 14 | | shall be for the purposes of:
| 15 | | (1) Insuring that all recipients residing in | 16 | | community-integrated living
arrangements are receiving | 17 | | appropriate community-based services, including
treatment, | 18 | | training and habilitation or rehabilitation;
| 19 | | (2) Insuring that recipients' rights are protected and | 20 | | that all programs
provided to and placements arranged for
| 21 | | recipients comply with this Act, the Mental Health and | 22 | | Developmental
Disabilities Code, and applicable Department | 23 | | rules and regulations;
| 24 | | (3) Maintaining the integrity of communities by | 25 | | requiring regular
monitoring and inspection of placements |
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| 1 | | and other services provided in
community-integrated living | 2 | | arrangements.
| 3 | | The licensure system shall be administered by a quality | 4 | | assurance unit
within the Department which shall be | 5 | | administratively independent of units
responsible for funding | 6 | | of agencies or community services.
| 7 | | (c) As a condition of being licensed by the Department as a | 8 | | community
mental health or developmental services agency under | 9 | | this Act, the agency
shall certify to the Department that:
| 10 | | (1) All recipients residing in community-integrated | 11 | | living arrangements
are receiving appropriate | 12 | | community-based services, including treatment,
training | 13 | | and habilitation or rehabilitation;
| 14 | | (2) All programs provided to and placements arranged | 15 | | for recipients are
supervised by the agency; and
| 16 | | (3) All programs provided to and placements arranged | 17 | | for recipients
comply with this Act, the Mental Health and | 18 | | Developmental Disabilities
Code, and applicable Department | 19 | | rules and regulations.
| 20 | | (d) An applicant for licensure as a community mental health | 21 | | or
developmental services agency under this Act shall submit an | 22 | | application
pursuant to the application process established by | 23 | | the Department by rule
and shall pay an application fee in an | 24 | | amount established by the
Department, which amount shall not be | 25 | | more than $200.
| 26 | | (e) If an applicant meets the requirements established by |
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| 1 | | the Department
to be licensed as a community mental health or | 2 | | developmental services
agency under this Act, after payment of | 3 | | the licensing fee, the Department
shall issue a license valid | 4 | | for 3 years from the date thereof unless
suspended or revoked | 5 | | by the Department or voluntarily surrendered by the agency.
| 6 | | (f) Upon application to the Department, the Department may | 7 | | issue a
temporary permit to an applicant for up to a 2-year a | 8 | | 6-month period to allow the holder
of such permit reasonable | 9 | | time to become eligible for a license under this Act.
| 10 | | (g)(1) The Department may conduct site visits to an agency | 11 | | licensed under this
Act, or to any program or placement | 12 | | certified by the agency, and inspect
the records or premises, | 13 | | or both, of such agency, program or placement as
it deems | 14 | | appropriate, for the
purpose of determining compliance with | 15 | | this Act, the Mental Health and
Developmental Disabilities | 16 | | Code, and applicable Department rules and regulations.
| 17 | | (2) If the Department determines that an agency licensed | 18 | | under this Act
is not in compliance with this Act or the rules | 19 | | and regulations promulgated
under this Act, the Department | 20 | | shall serve a notice of violation
upon the licensee. Each | 21 | | notice of violation shall be prepared in writing
and shall | 22 | | specify the nature of the violation, the statutory provision or
| 23 | | rule alleged to have been violated, and that the licensee
| 24 | | submit a plan of correction to the Department if required. The | 25 | | notice shall also
inform the licensee of any other action which | 26 | | the Department might take
pursuant to this Act and of the right |
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| 1 | | to a hearing.
| 2 | | (g-5) As determined by the Department, a disproportionate | 3 | | number or percentage of licensure complaints; a | 4 | | disproportionate number or percentage of substantiated cases | 5 | | of abuse, neglect, or exploitation involving an agency; an | 6 | | apparent unnatural death of an individual served by an agency; | 7 | | any egregious or life-threatening abuse or neglect within an | 8 | | agency; or any other significant event as determined by the | 9 | | Department shall initiate a review of the agency's license by | 10 | | the Department, as well as a review of its service agreement | 11 | | for funding. The Department shall adopt rules to establish the | 12 | | process by which the determination to initiate a review shall | 13 | | be made and the timeframe to initiate a review upon the making | 14 | | of such determination. | 15 | | (h) Upon the expiration of any license issued under this | 16 | | Act, a license
renewal application shall be required of and a | 17 | | license renewal fee in an
amount established by the Department | 18 | | shall be
charged to a community mental health or
developmental | 19 | | services agency, provided that such fee shall not be more than | 20 | | $200.
| 21 | | (i) A public or private agency, association, partnership, | 22 | | corporation, or organization that has had a license revoked | 23 | | under subsection (b) of Section 6 of this Act may not apply for | 24 | | or possess a license under a different name. | 25 | | (Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)
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| 1 | | (210 ILCS 135/6) (from Ch. 91 1/2, par. 1706)
| 2 | | Sec. 6. (a) The Department shall deny an application for a | 3 | | license,
or revoke or refuse to renew the license of a | 4 | | community mental health or
developmental services agency, or | 5 | | refuse to issue a license to the holder
of a temporary permit, | 6 | | if the Department determines that the applicant,
agency or | 7 | | permit holder has not complied with a provision of this Act, | 8 | | the
Mental Health and Developmental Disabilities Code, or | 9 | | applicable Department
rules and regulations. Specific grounds | 10 | | for denial or revocation of a
license, or refusal to renew a | 11 | | license or to
issue a license to the holder of a temporary | 12 | | permit, shall include but not be limited to:
| 13 | | (1) Submission of false information either on | 14 | | Department licensure forms
or during an inspection;
| 15 | | (2) Refusal to allow an inspection to occur;
| 16 | | (3) Violation of this Act or rules and regulations | 17 | | promulgated under this Act;
| 18 | | (4) Violation of the rights of a recipient;
| 19 | | (5) Failure to submit or implement a plan of correction | 20 | | within the
specified time period; or | 21 | | (6) Failure to submit a workplace violence prevention | 22 | | plan in compliance with the Health Care Workplace Violence | 23 | | Prevention Act.
| 24 | | (b) If the Department determines that the operation of a | 25 | | community mental health
or developmental services agency or one | 26 | | or more of the programs or
placements certified by the agency |
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| 1 | | under this Act jeopardizes the health,
safety or welfare of the | 2 | | recipients served by the agency, the Department
may immediately | 3 | | revoke the agency's license and may direct the agency to
| 4 | | withdraw recipients from any such program or placement. If an | 5 | | agency's license is revoked under this subsection, then the | 6 | | Department or the Department's agents shall have unimpeded, | 7 | | immediate, and full access to the recipients served by that | 8 | | agency and the recipients' medications, records, and personal | 9 | | possessions in order to ensure a timely, safe, and smooth | 10 | | transition of those individuals from the program or placement.
| 11 | | (c) Upon revocation of an agency's license under subsection | 12 | | (b) of this Section, the agency shall continue providing for | 13 | | the health, safety, and welfare of the individuals that the | 14 | | agency was serving at the time the agency's license was revoked | 15 | | during the period of transition. The private, not-for-profit | 16 | | corporation designated by the Governor to administer the State | 17 | | plan to protect and advocate for the rights of persons with | 18 | | developmental disabilities under Section 1 of the Protection | 19 | | and Advocacy for Persons with Developmental Disabilities Act, | 20 | | contingent on State funding from the Department, shall have | 21 | | unimpeded, immediate, and full access to recipients and | 22 | | recipients' guardians to inform them of the recipients' and | 23 | | recipients' guardians' rights and options during the | 24 | | revocation and transition process. | 25 | | (d) The Office of Inspector General of the Department of | 26 | | Human Services shall continue to have jurisdiction over an |
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| 1 | | agency and the individuals it served at the time the agency's | 2 | | license was revoked for up to one year after the date that the | 3 | | license was revoked. | 4 | | (Source: P.A. 94-347, eff. 7-28-05.)
| 5 | | (210 ILCS 135/9.2 new) | 6 | | Sec. 9.2. Emergency contacts and required records. An | 7 | | agency shall collect and securely store identifying and contact | 8 | | information for each resident. Unless otherwise required by | 9 | | statute or an agency's rules or policies, this information may | 10 | | include, but not be limited to, a current photograph, personal | 11 | | contact
information, guardian or emergency contact | 12 | | information, a log of all off-site overnight visits, current | 13 | | identification card, medical card, social security number, and | 14 | | birth certificate. A resident's individual service | 15 | | coordination agency shall maintain copies of the documents as | 16 | | well. The log of all off-site overnight visits shall not apply | 17 | | to intermittent community-integrated living arrangements or in | 18 | | situations where the resident leaves to stay with parents and | 19 | | family. This information shall be updated periodically. | 20 | | (210 ILCS 135/13) | 21 | | Sec. 13. Fire inspections; authority. | 22 | | (a) Per the requirements of Public Act 96-1141, on January | 23 | | 1, 2011 a report titled "Streamlined Auditing and Monitoring | 24 | | for Community Based Services: First Steps Toward a More |
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| 1 | | Efficient System for Providers, State Government, and the | 2 | | Community" was provided for members of the General Assembly. | 3 | | The report, which was developed by a steering committee of | 4 | | community providers, trade associations, and designated | 5 | | representatives from the Departments of Children and Family | 6 | | Services, Healthcare and Family Services, Human Services, and | 7 | | Public Health, issued a series of recommendations, including | 8 | | recommended changes to Administrative Rules and Illinois | 9 | | statutes, on the categories of deemed status for accreditation, | 10 | | fiscal audits, centralized repository of information, | 11 | | Medicaid, technology, contracting, and streamlined monitoring | 12 | | procedures. It is the intent of the 97th General Assembly to | 13 | | pursue implementation of those recommendations that have been | 14 | | determined to require Acts of the General Assembly. | 15 | | (b) For community-integrated living arrangements licensed | 16 | | under this Act, code the Office of the State Fire Marshal shall | 17 | | provide the necessary fire inspection to comply with licensing | 18 | | requirements. The Office of the State Fire Marshal may enter | 19 | | into an agreement with another State agency to conduct this | 20 | | inspection if qualified personnel are employed by that agency. | 21 | | Code enforcement inspection of the facility by the local | 22 | | authority may shall only occur if the local authority having | 23 | | jurisdiction enforces code requirements that are equal to more | 24 | | stringent than those enforced by the State Fire Marshal. | 25 | | Nothing in this Section shall prohibit a local fire authority | 26 | | from conducting fire incident planning activities.
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| 1 | | (Source: P.A. 97-321, eff. 8-12-11; 97-813, eff. 7-13-12.)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.
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