Full Text of HB0398 94th General Assembly
HB0398 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0398
Introduced 1/25/2005, by Rep. Lou Lang SYNOPSIS AS INTRODUCED: |
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30 ILCS 5/3-2 |
from Ch. 15, par. 303-2 |
210 ILCS 30/6.8 |
from Ch. 111 1/2, par. 4166.8 |
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Amends the Illinois State Auditing Act. Requires that the Auditor General's audits of certain mental health and developmental disabilities facilities under the jurisdiction of the Department of Human Services include their records concerning reports of suspected abuse of facility staff by facility residents or patients. Amends the Abused and Neglected Long Term Care Facility Residents Reporting Act. Provides that the biennial
program audit required under the Act shall include an examination of the records of each facility concerning the abuse or suspected abuse of facility staff by patients or residents and the Inspector General's effectiveness in investigating these kinds of reports.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB0398 |
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LRB094 06903 RSP 37015 b |
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| AN ACT concerning finance.
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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 Illinois State Auditing Act is amended by | 5 |
| changing Section 3-2 as follows: | 6 |
| (30 ILCS 5/3-2) (from Ch. 15, par. 303-2)
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| Sec. 3-2. Mandatory and directed post audits. The Auditor | 8 |
| General
shall conduct a financial audit, a compliance audit, or | 9 |
| other attestation
engagement, as is appropriate to the agency's | 10 |
| operations under generally
accepted
government auditing | 11 |
| standards, of each State agency except the Auditor
General or | 12 |
| his office at least once
during every biennium, except as is | 13 |
| otherwise provided in regulations
adopted under Section 3-8. | 14 |
| The general direction and supervision of the
financial audit | 15 |
| program may be delegated only to an individual who is a
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| Certified Public Accountant and a payroll employee of the | 17 |
| Office of the
Auditor General. In the conduct of financial | 18 |
| audits, compliance audits, and
other attestation engagements, | 19 |
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Auditor General may inquire into and report upon matters | 20 |
| properly within
the scope of a performance audit, provided that
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| such inquiry
shall be limited to matters arising during the | 22 |
| ordinary course of the
financial audit.
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| In any year the Auditor General shall conduct any special | 24 |
| audits as may
be necessary to form an opinion on the financial | 25 |
| statements of
this State, as
prepared by the Comptroller, and | 26 |
| to certify that this presentation is in
accordance with | 27 |
| generally accepted accounting principles for government.
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| Simultaneously with the biennial compliance audit of the
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| Department of
Human Services, the
Auditor General shall
conduct | 30 |
| a program audit of each facility under the jurisdiction of that
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| Department that is described in Section 4 of the
Mental Health
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| and Developmental Disabilities Administrative Act. The program |
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HB0398 |
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LRB094 06903 RSP 37015 b |
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| audit
shall include an examination of the records of each | 2 |
| facility concerning
(i) reports of suspected abuse or neglect | 3 |
| of any patient or resident of the
facility and (ii) reports of | 4 |
| suspected abuse of facility staff by patients or residents . The | 5 |
| Auditor General shall report the findings of the program
audit | 6 |
| to the Governor and the General Assembly, including findings
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| concerning patterns or trends relating to (i) abuse or neglect | 8 |
| of facility
patients and residents or (ii) abuse of facility | 9 |
| staff . However, for any year for which the Inspector
General | 10 |
| submits a report to the Governor and General Assembly as | 11 |
| required under
Section 6.7 of the Abused and Neglected Long | 12 |
| Term Care Facility Residents
Reporting Act, the Auditor General | 13 |
| need not conduct the program audit otherwise
required under | 14 |
| this paragraph.
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| The Auditor General shall conduct a performance
audit of a
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| State agency when so directed by the Commission, or by either | 17 |
| house of
the General Assembly, in a resolution identifying the | 18 |
| subject, parties
and scope. Such a directing resolution may:
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| (a) require the Auditor General to examine and report | 20 |
| upon specific
management efficiencies or cost | 21 |
| effectiveness proposals specified therein;
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| (b) in the case of a program audit, set forth specific | 23 |
| program
objectives, responsibilities or duties or may | 24 |
| specify the program
performance standards or program | 25 |
| evaluation standards to be the basis of
the program audit;
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| (c) be directed at particular procedures or functions | 27 |
| established by
statute, by administrative regulation or by | 28 |
| precedent; and
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| (d) require the Auditor General to examine and report | 30 |
| upon specific
proposals relating to state programs | 31 |
| specified in the resolution.
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| The Commission may by resolution clarify, further direct, | 33 |
| or limit
the scope of any audit directed by a resolution of the | 34 |
| House or Senate,
provided that any such action by the | 35 |
| Commission must be consistent with
the terms of the directing | 36 |
| resolution.
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HB0398 |
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LRB094 06903 RSP 37015 b |
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| (Source: P.A. 93-630, eff. 12-23-03.)
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| Section 10. The Abused and Neglected Long Term Care | 3 |
| Facility Residents Reporting Act is amended by changing Section | 4 |
| 6.8 as follows: | 5 |
| (210 ILCS 30/6.8) (from Ch. 111 1/2, par. 4166.8)
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| Sec. 6.8. Program audit. The Auditor General shall conduct | 7 |
| a biennial
program audit of the office of the Inspector General | 8 |
| in relation to the
Inspector General's compliance with this | 9 |
| Act. The audit shall specifically
include the Inspector | 10 |
| General's effectiveness in investigating reports of
alleged | 11 |
| neglect or abuse of residents in any facility operated by the
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| Department of Human Services and in making recommendations for | 13 |
| sanctions to
the Departments of
Human Services and Public
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| Health. The audit shall also include an examination of the | 15 |
| records of each facility concerning the abuse or suspected | 16 |
| abuse of facility staff by patients or residents and the | 17 |
| Inspector General's effectiveness in investigating these kinds | 18 |
| of reports. The Auditor General shall conduct the program audit | 19 |
| according to the
provisions of the Illinois State Auditing Act | 20 |
| and shall report its findings to
the General Assembly no later | 21 |
| than January 1 of each odd-numbered year.
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| (Source: P.A. 92-358, eff. 8-15-01; 93-636, eff. 12-31-03.)
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