HB0085ham001 93rd General Assembly

093_HB0085ham001

 










                                     LRB093 02692 LCB 11221 a

 1                     AMENDMENT TO HOUSE BILL 85

 2        AMENDMENT NO.     .  Amend House  Bill  85  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.   The Elder Abuse and Neglect Act is amended
 5    by changing Sections 2, 3.5, 4, and 7 as follows:

 6        (320 ILCS 20/2) (from Ch. 23, par. 6602)
 7        Sec. 2. Definitions.  As used in  this  Act,  unless  the
 8    context requires otherwise:
 9        (a)  "Abuse" means causing any physical, mental or sexual
10    injury  to  an eligible adult, including exploitation of such
11    adult's financial resources.
12        Nothing in this Act shall be construed to  mean  that  an
13    eligible  adult  is a victim of abuse or neglect for the sole
14    reason that he or she is being furnished with or relies  upon
15    treatment   by  spiritual  means  through  prayer  alone,  in
16    accordance with the tenets  and  practices  of  a  recognized
17    church or religious denomination.
18        Nothing  in  this  Act shall be construed to mean that an
19    eligible adult is a victim of abuse because  of  health  care
20    services  provided  or  not  provided by licensed health care
21    professionals.
22        (a-5)  "Abuser" means a person who abuses,  neglects,  or
 
                            -2-      LRB093 02692 LCB 11221 a
 1    financially exploits an eligible adult.
 2        (a-7)  "Caregiver"  means a person who either as a result
 3    of a family relationship, voluntarily,  or  in  exchange  for
 4    compensation  has assumed responsibility for all or a portion
 5    of the care of an eligible adult who  needs  assistance  with
 6    activities of daily living.
 7        (b)  "Department"  means  the  Department on Aging of the
 8    State of Illinois.
 9        (c)  "Director" means the Director of the Department.
10        (d)  "Domestic living situation" means a residence  where
11    the eligible adult lives alone or with his or her family or a
12    caregiver,  or  others,  or  a  board  and care home or other
13    community-based unlicensed facility, but is not:
14             (1)  A licensed facility as defined in Section 1-113
15        of the Nursing Home Care Act;
16             (2)  A "life care facility" as defined in  the  Life
17        Care Facilities Act;
18             (3)  A home, institution, or other place operated by
19        the  federal government or agency thereof or by the State
20        of Illinois;
21             (4)  A hospital, sanitarium, or  other  institution,
22        the  principal  activity  or  business  of  which  is the
23        diagnosis, care, and treatment of human  illness  through
24        the  maintenance  and  operation  of organized facilities
25        therefor, which is required  to  be  licensed  under  the
26        Hospital Licensing Act;
27             (5)  A "community living facility" as defined in the
28        Community Living Facilities Licensing Act;
29             (6)  A   "community   residential   alternative"  as
30        defined  in  the   Community   Residential   Alternatives
31        Licensing Act; and
32             (7)  A  "community-integrated living arrangement" as
33        defined in the Community-Integrated  Living  Arrangements
34        Licensure and Certification Act.
 
                            -3-      LRB093 02692 LCB 11221 a
 1          (e)  "Eligible adult" means a person 60 years of age or
 2    older  who  resides in a domestic living situation and is, or
 3    is alleged to be, abused, neglected, or financially exploited
 4    by another individual.
 5        (f)  "Emergency" means a situation in which  an  eligible
 6    adult  is  living in conditions presenting a risk of death or
 7    physical, mental or sexual injury and the provider agency has
 8    reason to believe the eligible adult is unable to consent  to
 9    services which would alleviate that risk.
10        (f-5)  "Mandated  reporter"  means  any  of the following
11    persons while engaged  in  carrying  out  their  professional
12    duties:
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
17        to be licensed under the Clinical Psychologist  Licensing
18        Act,  the  Clinical  Social Work and Social Work Practice
19        Act, the Illinois Dental Practice Act, the  Dietetic  and
20        Nutrition  Services Practice Act, the Marriage and Family
21        Therapy Licensing Act, the Medical Practice Act of  1987,
22        the  Naprapathic  Practice  Act, the Nursing and Advanced
23        Practice Nursing Act,  the  Nursing  Home  Administrators
24        Licensing and Disciplinary Act, the Illinois Occupational
25        Therapy  Practice  Act,  the Illinois Optometric Practice
26        Act of 1987, the  Pharmacy  Practice  Act  of  1987,  the
27        Illinois  Physical  Therapy  Act, the Physician Assistant
28        Practice Act of 1987, the Podiatric Medical Practice  Act
29        of   1987,   the   Respiratory  Care  Practice  Act,  the
30        Professional   Counselor   and   Clinical    Professional
31        Counselor  Licensing  Act,  the  Illinois Speech-Language
32        Pathology and  Audiology  Practice  Act,  the  Veterinary
33        Medicine  and  Surgery  Practice  Act  of  1994,  and the
34        Illinois Public Accounting Act;
 
                            -4-      LRB093 02692 LCB 11221 a
 1             (2)  an  employee  of  a  vocational  rehabilitation
 2        facility prescribed or supervised by  the  Department  of
 3        Human Services;
 4             (3)  an administrator, employee, or person providing
 5        services  in  or  through  an  unlicensed community based
 6        facility;
 7             (4)  a Christian Science Practitioner;
 8             (5)  field personnel of  the  Department  of  Public
 9        Aid, Department of Public Health, and Department of Human
10        Services, and any county or municipal health department;
11             (6)  personnel  of the Department of Human Services,
12        the Guardianship and Advocacy Commission, the State  Fire
13        Marshal,  local fire departments, the Department on Aging
14        and its subsidiary Area Agencies on  Aging  and  provider
15        agencies,   and  the  Office  of  State  Long  Term  Care
16        Ombudsman;
17             (7)  any employee  of  the  State  of  Illinois  not
18        otherwise  specified  herein who is involved in providing
19        services  to  eligible  adults,  including  professionals
20        providing medical  or  rehabilitation  services  and  all
21        other persons having direct contact with eligible adults;
22        or
23             (8)  a  person  who performs the duties of a coroner
24        or medical examiner; or
25             (9)  a person who performs the duties of a paramedic
26        or an emergency medical technician.
27          (g)  "Neglect" means another  individual's  failure  to
28    provide an eligible adult with or willful withholding from an
29    eligible  adult  the  necessities  of life including, but not
30    limited to, food, clothing, shelter  or  medical  care.  This
31    subsection  does  not  create  any  new  affirmative  duty to
32    provide support to eligible  adults.   Nothing  in  this  Act
33    shall be construed to mean that an eligible adult is a victim
34    of  neglect  because  of health care services provided or not
 
                            -5-      LRB093 02692 LCB 11221 a
 1    provided by licensed health care professionals.
 2        (h)  "Provider agency"  means  any  public  or  nonprofit
 3    agency  in  a  planning  and  service  area  appointed by the
 4    regional administrative agency with  prior  approval  by  the
 5    Department  on Aging to receive and assess reports of alleged
 6    or suspected abuse, neglect, or financial exploitation.
 7        (i)  "Regional administrative agency" means any public or
 8    nonprofit agency in a planning and service area so designated
 9    by the Department, provided that the designated  Area  Agency
10    on  Aging  shall  be  designated  the regional administrative
11    agency if it so requests. The  Department  shall  assume  the
12    functions  of  the  regional  administrative  agency  for any
13    planning and service area where  another  agency  is  not  so
14    designated.
15        (j)  "Substantiated   case"  means  a  reported  case  of
16    alleged   or   suspected   abuse,   neglect,   or   financial
17    exploitation in which a provider  agency,  after  assessment,
18    determines that there is reason to believe abuse, neglect, or
19    financial exploitation has occurred.
20    (Source:  P.A.  91-259,  eff.  1-1-00;  91-357, eff. 7-29-99;
21    91-533, eff. 8-13-99; 92-16, eff. 6-28-01.)

22        (320 ILCS 20/3.5)
23        Sec. 3.5.  Other Responsibilities.  The Department  shall
24    also  be responsible for the following activities, contingent
25    upon adequate funding:
26        (a)  promotion of a  wide  range  of  endeavors  for  the
27    purpose  of  preventing  elder  abuse, neglect, and financial
28    exploitation in both  domestic  and  institutional  settings,
29    including,  but  not  limited  to,  promotion  of  public and
30    professional education to increase awareness of elder  abuse,
31    neglect, and financial exploitation, to increase reports, and
32    to  improve response by various legal, financial, social, and
33    health systems;
 
                            -6-      LRB093 02692 LCB 11221 a
 1        (b)  coordination  of  efforts   with   other   agencies,
 2    councils,  and  like  entities, to include but not be limited
 3    to, the Office of the Attorney General, the State Police, the
 4    Illinois Law Enforcement Training Standards Board, the  State
 5    Triad,   the  Criminal  Justice  Information  Authority,  the
 6    Departments of Public Health, Public Aid, and Human Services,
 7    the  Family  Violence  Coordinating  Council,  the   Violence
 8    Prevention  Authority,  and  other  entities which may impact
 9    awareness of, and response  to,  elder  abuse,  neglect,  and
10    financial exploitation;
11        (c)  collection and analysis of data;
12        (d)  monitoring    of   the   performance   of   regional
13    administrative agencies and elder  abuse  provider  agencies;
14    and
15        (e)  promotion of prevention activities;.
16        (f)  establishment  and  coordination  of  an  aggressive
17    training program about the unique nature of elder abuse cases
18    with  other  agencies, councils, and like entities, including
19    but not limited to the Office of the  Attorney  General,  the
20    State Police, the Illinois Law Enforcement Training Standards
21    Board,  the  State  Triad,  the  Criminal Justice Information
22    Authority, the Departments of Public Health, Public Aid,  and
23    Human Services, the Family Violence Coordinating Council, the
24    Illinois  Violence  Prevention  Authority, and other entities
25    that may impact awareness of, and response to,  elder  abuse,
26    neglect, and financial exploitation;
27        (g)   solicitation  of  financial  institutions  for  the
28    purpose of making information available to the general public
29    warning of financial exploitation of the elderly and  related
30    financial  fraud  or  abuse,  including  such information and
31    warnings available through signage or other written materials
32    provided by the Department on the premises of such  financial
33    institutions,  provided  that  the  manner  of  displaying or
34    distributing  such  information  is  subject  to   the   sole
 
                            -7-      LRB093 02692 LCB 11221 a
 1    discretion of each financial institution; and
 2        (h)  coordination  of  efforts  with utility companies to
 3    send notices in utility  bills  which  explain  elder  rights
 4    regarding telemarketing home repair frauds.
 5    (Source: P.A. 92-16, eff. 6-28-01.)

 6        (320 ILCS 20/4) (from Ch. 23, par. 6604)
 7        Sec. 4.  Reports of abuse or neglect.
 8        (a)  Any  person  who  suspects  the  abuse,  neglect, or
 9    financial exploitation of an eligible adult may  report  this
10    suspicion  to  an  agency  designated to receive such reports
11    under this Act or to the Department.
12        (a-5)  If any mandated reporter  has  reason  to  believe
13    that  an eligible adult, who because of dysfunction is unable
14    to seek assistance for himself or herself,  has,  within  the
15    previous  12  months,  been  subjected  to abuse, neglect, or
16    financial exploitation, the mandated reporter  shall,  within
17    24  hours after developing such belief, report this suspicion
18    to an agency designated to receive such  reports  under  this
19    Act  or  to  the Department.  Whenever a mandated reporter is
20    required to report under this Act in his or her capacity as a
21    member of the staff of a medical or other public  or  private
22    institution,  facility, board and care home, or agency, he or
23    she shall make a report to an agency  designated  to  receive
24    such   reports  under  this  Act  or  to  the  Department  in
25    accordance with the provisions  of  this  Act  and  may  also
26    notify  the  person  in  charge of the institution, facility,
27    board and care home, or agency or his or her designated agent
28    that the report has been made.  Under no circumstances  shall
29    any person in charge of such institution, facility, board and
30    care  home, or agency, or his or her designated agent to whom
31    the  notification  has  been  made,  exercise  any   control,
32    restraint, modification, or other change in the report or the
33    forwarding  of  the report to an agency designated to receive
 
                            -8-      LRB093 02692 LCB 11221 a
 1    such reports under  this  Act  or  to  the  Department.   The
 2    privileged  quality of communication between any professional
 3    person required to report and his or her  patient  or  client
 4    shall not apply to situations involving abused, neglected, or
 5    financially   exploited   eligible   adults   and  shall  not
 6    constitute grounds for failure to report as required by  this
 7    Act.
 8        (a-7)  A  person  making  a  report under this Act in the
 9    belief that it is in the alleged victim's best interest shall
10    be immune from criminal or civil  liability  or  professional
11    disciplinary   action   on  account  of  making  the  report,
12    notwithstanding    any    requirements     concerning     the
13    confidentiality  of information with respect to such eligible
14    adult which might otherwise be applicable.
15        (a-9)  Law enforcement officers shall continue to  report
16    incidents  of alleged abuse pursuant to the Illinois Domestic
17    Violence Act of 1986, notwithstanding any requirements  under
18    this Act.
19        (b)  Any  person,  institution or agency participating in
20    the making of a  report,  providing  information  or  records
21    related   to   a   report,   assessment,   or   services,  or
22    participating in the investigation of a report under this Act
23    in good faith, or taking photographs or x-rays as a result of
24    an authorized assessment, shall have immunity from any civil,
25    criminal or other liability in any civil, criminal  or  other
26    proceeding  brought  in  consequence of making such report or
27    assessment  or  on  account  of   submitting   or   otherwise
28    disclosing   such   photographs   or  x-rays  to  any  agency
29    designated to receive reports of alleged or  suspected  abuse
30    or  neglect.  Any person, institution or agency authorized by
31    the  Department  to  provide  assessment,  intervention,   or
32    administrative  services  under  this  Act shall, in the good
33    faith performance of those services, have immunity  from  any
34    civil, criminal or other liability in any civil, criminal, or
 
                            -9-      LRB093 02692 LCB 11221 a
 1    other  proceeding brought as a consequence of the performance
 2    of those services. For the purposes of any  civil,  criminal,
 3    or other proceeding, the good faith of any person required to
 4    report,   permitted   to   report,  or  participating  in  an
 5    investigation of a report  of  alleged  or  suspected  abuse,
 6    neglect, or financial exploitation shall be presumed.
 7        (c)  The  identity of a person making a report of alleged
 8    or suspected abuse or neglect under this Act may be disclosed
 9    by the Department or other agency provided for  in  this  Act
10    only with such person's written consent or by court order.
11        (d)  The  Department shall by rule establish a system for
12    filing and compiling reports made under this Act.
13        (e)  Any physician  who  willfully  fails  to  report  as
14    required  by this Act shall be referred to the Illinois State
15    Medical Disciplinary Board  for  action  in  accordance  with
16    subdivision (A)(22) of Section 22 of the Medical Practice Act
17    of 1987.  Any dentist or dental hygienist who willfully fails
18    to  report  as  required by this Act shall be referred to the
19    Department  of  Professional   Regulation   for   action   in
20    accordance  with  paragraph  19 of Section 23 of the Illinois
21    Dental Practice Act.  Any other mandated reporter required by
22    this Act to report suspected  abuse,  neglect,  or  financial
23    exploitation who willfully fails to report the same is guilty
24    of a Class A misdemeanor.
25    (Source: P.A. 90-628, eff. 1-1-99.)

26        (320 ILCS 20/7) (from Ch. 23, par. 6607)
27        Sec.  7.   Review.   All services provided to an eligible
28    adult shall be reviewed by the provider agency on at least  a
29    quarterly  basis  for  up  to  2  years one year to determine
30    whether  the  service  care  plan  should  be  continued   or
31    modified.
32    (Source: P.A. 90-628, eff. 1-1-99.)".