Full Text of SB2782 94th General Assembly
SB2782 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB2782
Introduced 1/20/2006, by Sen. Debbie DeFrancesco Halvorson SYNOPSIS AS INTRODUCED: |
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210 ILCS 30/6 |
from Ch. 111 1/2, par. 4166 |
740 ILCS 110/11 |
from Ch. 91 1/2, par. 811 |
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Amends the Abused and Neglected Long Term Care Facility Residents Reporting
Act; provides for disclosure of investigative reports to the Department of Financial and Professional Regulation and for the disclosure of investigative reports in connection with individuals receiving services at community agencies. Amends the Mental Health and Developmental Disabilities Confidentiality Act; provides for the disclosure of mental health or developmental disabilities service records and communications in accordance with the Abused and Neglected Long Term Care Facility Residents Reporting Act and the Abuse of Adults with Disabilities Intervention Act. Effective immediately.
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A BILL FOR
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SB2782 |
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LRB094 15527 DRJ 50726 b |
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| AN ACT concerning health.
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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 Facility | 5 |
| Residents Reporting
Act is amended by changing Section 6 as | 6 |
| follows:
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| (210 ILCS 30/6) (from Ch. 111 1/2, par. 4166)
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| Sec. 6. All reports of suspected abuse or neglect made | 9 |
| under this Act
shall be made immediately by telephone to the | 10 |
| Department's central register
established under Section 14 on | 11 |
| the single, State-wide, toll-free telephone
number established | 12 |
| under Section 13, or in person or by telephone through
the | 13 |
| nearest Department office. No long term care facility | 14 |
| administrator,
agent or employee, or any other person, shall | 15 |
| screen reports or otherwise
withhold any reports from the | 16 |
| Department, and no long term care facility,
department of State | 17 |
| government, or other agency shall establish any rules,
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| criteria, standards or guidelines to the contrary. Every long | 19 |
| term care
facility, department of State government and other | 20 |
| agency whose employees
are required to make or cause to be made | 21 |
| reports under Section 4 shall
notify its employees of the | 22 |
| provisions of that Section and of this Section,
and provide to | 23 |
| the Department documentation that such notification has been
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| given. The Department of Human Services shall train all of its | 25 |
| mental health and developmental
disabilities employees in the | 26 |
| detection and reporting of suspected
abuse and neglect of | 27 |
| residents. Reports made to the central register
through the | 28 |
| State-wide, toll-free telephone number shall be transmitted to
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| appropriate Department offices and municipal health | 30 |
| departments that have
responsibility for licensing long term | 31 |
| care facilities under the Nursing
Home Care Act. All reports | 32 |
| received through offices of the Department
shall be forwarded |
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LRB094 15527 DRJ 50726 b |
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| to the central register, in a manner and form described
by the | 2 |
| Department. The Department shall be capable of receiving | 3 |
| reports of
suspected abuse and neglect 24 hours a day, 7 days a | 4 |
| week. Reports shall
also be made in writing deposited in the | 5 |
| U.S. mail, postage prepaid, within
24 hours after having | 6 |
| reasonable cause to believe that the condition of the
resident | 7 |
| resulted from abuse or neglect. Such reports may in addition be
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| made to the local law enforcement agency in the same manner. | 9 |
| However, in
the event a report is made to the local law | 10 |
| enforcement agency, the
reporter also shall immediately so | 11 |
| inform the Department. The Department
shall initiate an | 12 |
| investigation of each report of resident abuse and
neglect | 13 |
| under this Act, whether oral or written, as provided for in | 14 |
| Section
3-702 of the Nursing Home Care Act, except that reports | 15 |
| of abuse which
indicate that a resident's life or safety is in | 16 |
| imminent danger shall be
investigated within 24 hours of such | 17 |
| report. The Department may delegate to
law enforcement | 18 |
| officials or other public agencies the duty to perform such
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| investigation.
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| With respect to investigations of reports of suspected | 21 |
| abuse or neglect
of residents of mental health and | 22 |
| developmental disabilities institutions
under the jurisdiction | 23 |
| of the Department of
Human Services, the
Department shall | 24 |
| transmit
copies of such reports to the Department of State | 25 |
| Police, the Department of
Human Services, and the
Inspector | 26 |
| General
appointed under Section 6.2. If the Department receives | 27 |
| a report
of suspected abuse or neglect of a recipient of | 28 |
| services as defined in Section
1-123 of the Mental Health and | 29 |
| Developmental Disabilities Code, the
Department shall transmit | 30 |
| copies of such report to the Inspector General
and the | 31 |
| Directors of the Guardianship and Advocacy Commission and the
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| agency designated by the Governor pursuant to the Protection | 33 |
| and Advocacy
for Developmentally Disabled Persons Act. When | 34 |
| requested by the Director
of the Guardianship and Advocacy | 35 |
| Commission ,
or the agency designated by the
Governor pursuant | 36 |
| to the Protection and Advocacy for Developmentally
Disabled |
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| Persons Act , or the Department of Financial and Professional | 2 |
| Regulation , the Department, the Department of Human Services | 3 |
| and the Department of State Police shall make
available a copy | 4 |
| of the final investigative report regarding investigations
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| conducted by their respective agencies on incidents of | 6 |
| suspected abuse or
neglect of residents of mental health and | 7 |
| developmental disabilities
institutions or individuals | 8 |
| receiving services at community agencies under the | 9 |
| jurisdiction of the Department of Human Services. Such final | 10 |
| investigative
report shall not contain witness statements, | 11 |
| investigation notes, draft
summaries, results of lie detector | 12 |
| tests, investigative files or other raw data
which was used to | 13 |
| compile the final investigative report. Specifically, the
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| final investigative report of the Department of State Police | 15 |
| shall mean the
Director's final transmittal letter. The | 16 |
| Department of Human Services shall also make available a
copy | 17 |
| of the results of disciplinary proceedings of employees | 18 |
| involved in
incidents of abuse or neglect to the Directors. All | 19 |
| identifiable
information in reports provided shall not be | 20 |
| further disclosed except as
provided by the Mental Health and | 21 |
| Developmental Disabilities
Confidentiality Act. Nothing in | 22 |
| this Section is intended to limit or
construe the power or | 23 |
| authority granted to the agency designated by the
Governor | 24 |
| pursuant to the Protection and Advocacy for Developmentally
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| Disabled Persons Act, pursuant to any other State or federal | 26 |
| statute.
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| With respect to investigations of reported resident abuse | 28 |
| or neglect, the
Department shall effect with appropriate law | 29 |
| enforcement agencies formal
agreements concerning methods and | 30 |
| procedures for the conduct of investigations
into the criminal | 31 |
| histories of any administrator, staff assistant or employee
of | 32 |
| the nursing home or other person responsible for the residents | 33 |
| care,
as well as for other residents in the nursing home who | 34 |
| may be in a position
to abuse, neglect or exploit the patient. | 35 |
| Pursuant to the formal agreements
entered into with appropriate | 36 |
| law enforcement agencies, the Department may
request |
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| information with respect to whether the person or persons set | 2 |
| forth
in this paragraph have ever been charged with a crime and | 3 |
| if so, the
disposition of those charges. Unless the criminal | 4 |
| histories of the
subjects involved crimes of violence or | 5 |
| resident abuse or neglect, the
Department shall be entitled | 6 |
| only to information limited in scope to
charges and their | 7 |
| dispositions. In cases where prior crimes of violence or
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| resident abuse or neglect are involved, a more detailed report | 9 |
| can be made
available to authorized representatives of the | 10 |
| Department, pursuant to the
agreements entered into with | 11 |
| appropriate law enforcement agencies. Any
criminal charges and | 12 |
| their disposition information obtained by the
Department shall | 13 |
| be confidential and may not be transmitted outside the
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| Department, except as required herein, to authorized | 15 |
| representatives or
delegates of the Department, and may not be | 16 |
| transmitted to anyone within
the Department who is not duly | 17 |
| authorized to handle resident abuse or
neglect investigations.
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| The Department shall effect formal agreements with | 19 |
| appropriate law
enforcement agencies in the various counties | 20 |
| and communities to encourage
cooperation and coordination in | 21 |
| the handling of resident abuse or neglect
cases pursuant to | 22 |
| this Act. The Department shall adopt and implement
methods and | 23 |
| procedures to promote statewide uniformity in the handling of
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| reports of abuse and neglect under this Act, and those methods | 25 |
| and
procedures shall be adhered to by personnel of the | 26 |
| Department involved in
such investigations and reporting. The | 27 |
| Department shall also make
information required by this Act | 28 |
| available to authorized personnel within
the Department, as | 29 |
| well as its authorized representatives.
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| The Department shall keep a continuing record of all | 31 |
| reports made
pursuant to this Act, including indications of the | 32 |
| final determination of
any investigation and the final | 33 |
| disposition of all reports.
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| The Department shall report annually to the General | 35 |
| Assembly on the
incidence of abuse and neglect of long term | 36 |
| care facility residents, with
special attention to residents |
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| who are mentally disabled. The report shall
include but not be | 2 |
| limited to data on the number and source of reports of
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| suspected abuse or neglect filed under this Act, the nature of | 4 |
| any injuries
to residents, the final determination of | 5 |
| investigations, the type and
number of cases where abuse or | 6 |
| neglect is determined to exist, and the
final disposition of | 7 |
| cases.
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| (Source: P.A. 89-507, eff. 7-1-97.)
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| Section 10. The Mental Health and Developmental | 10 |
| Disabilities Confidentiality Act is amended by changing | 11 |
| Section 11 as follows:
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| (740 ILCS 110/11) (from Ch. 91 1/2, par. 811)
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| Sec. 11. Disclosure of records and communications. Records | 14 |
| and
communications may be disclosed:
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| (i) in accordance with the provisions of the
Abused and | 16 |
| Neglected Child Reporting Act;
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| (ii) when, and to the extent, a
therapist, in his or | 18 |
| her sole discretion, determines that disclosure is
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| necessary to initiate or continue civil commitment | 20 |
| proceedings under the laws
of this State or to otherwise | 21 |
| protect the recipient or other person against a
clear, | 22 |
| imminent risk of serious physical or mental injury or | 23 |
| disease or death
being inflicted upon the recipient or by | 24 |
| the recipient on himself or another;
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| (iii) when, and to the extent disclosure is, in the | 26 |
| sole discretion of the
therapist, necessary to the | 27 |
| provision of emergency medical care to a recipient
who is | 28 |
| unable to assert or waive his or her rights hereunder;
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| (iv) when
disclosure is necessary to collect sums or | 30 |
| receive third
party payment representing charges for | 31 |
| mental health or developmental
disabilities services | 32 |
| provided by a therapist or agency to a recipient
under | 33 |
| Chapter V of the Mental Health and Developmental | 34 |
| Disabilities Code or to
transfer debts under the |
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| Uncollected State Claims Act; however, disclosure
shall be | 2 |
| limited to information needed to pursue collection, and the
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| information so disclosed shall not be used for any other | 4 |
| purposes nor shall it
be redisclosed except in connection | 5 |
| with collection activities;
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| (v) when
requested by a family member, the Department | 7 |
| of Human Services may assist in
the location of the | 8 |
| interment site of a deceased recipient who is interred in a
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| cemetery established under Section 100-26 of the Mental | 10 |
| Health and
Developmental Disabilities Administrative Act;
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| (vi) in judicial proceedings
under Article VIII of | 12 |
| Chapter III and Article V of Chapter IV of the Mental
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| Health and Developmental Disabilities Code and proceedings | 14 |
| and investigations
preliminary thereto, to the State's | 15 |
| Attorney for the county or residence of a
person who is the | 16 |
| subject of such proceedings, or in which the person is | 17 |
| found,
or in which the facility is located, to the attorney | 18 |
| representing the recipient
in the judicial proceedings, to | 19 |
| any person or agency providing mental health
services that | 20 |
| are the subject of the proceedings and to that person's or
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| agency's attorney, to any court personnel, including but | 22 |
| not limited to judges
and circuit court clerks, and to a | 23 |
| guardian ad litem if one has been appointed
by the court, | 24 |
| provided that the information so disclosed shall not be | 25 |
| utilized
for any other purpose nor be redisclosed except in | 26 |
| connection with the
proceedings or investigations;
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| (vii) when, and to the extent disclosure is
necessary | 28 |
| to comply with the requirements of the Census Bureau in | 29 |
| taking the
federal Decennial Census;
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| (viii) when, and to the extent, in the
therapist's sole | 31 |
| discretion, disclosure is necessary to warn or protect a
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| specific individual against whom a recipient has made a | 33 |
| specific threat of
violence where there exists a | 34 |
| therapist-recipient relationship or a special
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| recipient-individual relationship;
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| (ix) in accordance with the Sex Offender
Registration |
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| Act; and
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| (x) in accordance with the Rights of Crime Victims and
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| Witnesses Act ; . | 4 |
| (xi) in accordance with Section 6 of the Abused and | 5 |
| Neglected Long Term Care Facility Residents Reporting Act; | 6 |
| and | 7 |
| (xii) in accordance with Section 55 of the Abuse of | 8 |
| Adults with Disabilities Intervention Act.
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| Any person, institution, or agency, under
this Act, | 10 |
| participating in good faith in the making of a report under the
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| Abused and Neglected Child Reporting Act or in the disclosure | 12 |
| of records and
communications under this Section, shall have | 13 |
| immunity from any liability,
civil, criminal or otherwise, that | 14 |
| might result by reason of such action. For
the purpose of any | 15 |
| proceeding, civil or criminal, arising out of a report or
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| disclosure under this Section, the good faith of any person, | 17 |
| institution, or
agency so reporting or disclosing shall be | 18 |
| presumed.
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| (Source: P.A. 90-423, eff. 8-15-97; 90-538, eff. 12-1-97; | 20 |
| 90-655, eff.
7-30-98; 91-357, eff. 7-29-99.)
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| Section 99. Effective date. This Act takes effect upon | 22 |
| becoming law.
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