HB5492 95TH GENERAL ASSEMBLY

LRB095 15957 DRJ 41967 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB5492

Introduced , by Rep. Kathleen A. Ryg

SYNOPSIS AS INTRODUCED:

210 ILCS 50/32.6 new
210 ILCS 85/9	from Ch. 111 1/2, par. 150
210 ILCS 85/9.6 new

Amends the Emergency Medical Services (EMS) Systems Act and the Hospital Licensing Act. Requires the Department of Public Health to investigate every allegation of abuse or neglect of a vulnerable adult who is a patient in a freestanding emergency center (FEC) or hospital that is received by the Department. Provides that no administrator, agent, or employee of an FEC or hospital may abuse or neglect a vulnerable adult who is a patient in the facility. Sets forth requirements for reporting allegations of abuse or neglect, including persons required to make such reports. Requires the Department of Public Health to investigate allegations of abuse or neglect of vulnerable adults, and requires FECs and hospitals to conduct internal reviews in connection with such allegations. Requires FECs and hospitals to regularly train employees in detecting and reporting abuse or neglect of vulnerable adults. Prohibits retaliation against a person who lawfully and in good faith reports alleged abuse or neglect.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Emergency Medical Services (EMS) Systems Act is amended by adding Section 32.6 as follows:

(210 ILCS 50/32.6 new)

Sec. 32.6. Freestanding Emergency Center; abuse or neglect of vulnerable adult.

(a) In this Section:

"Abuse" means any physical or mental injury or sexual assault inflicted on a vulnerable adult, other than by accidental means, in an FEC.

"Allegation" means any assertion, complaint, or suspicion that abuse or neglect of a vulnerable adult may have occurred.

"FEC" means a Freestanding Emergency Center licensed under Section 32.5.

"Neglect" means a failure in an FEC to provide adequate medical or other care, which failure results in physical or mental injury to a patient or in the deterioration of a patient's physical or mental condition.

"Vulnerable adult" means an individual who (i) is at least 18 years of age but less than 60 years of age, (ii) regardless of his or her mental capacity, has or is suspected of having a physical, mental, or developmental impairment, and (iii) is receiving, is requesting, or may be in need of emergency treatment services, including evaluation for a determination of service needs.

(b) No administrator, agent, or employee of an FEC may abuse or neglect a vulnerable adult who is a patient in the FEC.

(c) The following persons shall be required to report all allegations of abuse and neglect of vulnerable adults: any FEC administrator, agent, or employee, and any physician, surgeon, dentist, osteopath, chiropractor, podiatrist, EMT/paramedic, nurse, aide, social worker, social services administrator, coroner, law enforcement or security personnel, religious practitioner, field personnel from a hospital accreditation agency, personnel of the Illinois Department of Healthcare and Family Services or the Illinois Department of Public Health or any county or municipal health or human services department, personnel of the Illinois Department of Human Services, the Illinois Guardianship and Advocacy Commission, the Illinois Department on Aging or its subsidiary Agencies on Aging, or the Illinois Department of Financial and Professional Regulation, and personnel or agents of any other agency that is conducting a health or disability-related service. Required reporters include all employees of the State of Illinois who are involved in providing services to vulnerable adults, including professionals providing medical, rehabilitative, or dental services to vulnerable adults, and all employees of community service agencies who provide services to vulnerable adults in a setting outside that FEC.

(d) Any person required to report under subsection (c) who witnesses, discovers, or is told of possible abuse or neglect of a vulnerable adult, or who has reason to believe that a vulnerable adult may have been abused or neglected within an FEC, shall immediately report those allegations to the Department. FEC employees shall immediately report all allegations to the FEC administrator according to the facility's procedures. All reports from FECs to the Department must be made by telephone and in writing. No FEC administrator, agent, or employee, nor any other person, may screen reports or otherwise withhold reports from the Department, and no FEC shall establish criteria, guidelines, rules, procedures, or policies that alter or unreasonably delay reports to the Department.

The Department shall investigate every allegation of abuse or neglect of a vulnerable adult received by the Department. Under no circumstances may an FEC's internal review of an allegation of abuse or neglect of a vulnerable adult under subsection (e) replace an investigation of the allegation by the Department.

(e) In every event the FEC must, upon receipt of any allegation, promptly conduct an internal review to ensure the alleged victim's safety. Measures to protect an alleged victim shall be taken as deemed necessary by the facility's administrator and may include, but are not limited to, removing suspected violators from further patient contact during the internal review. All internal reviews are to be conducted by a designated FEC employee or agent who is qualified to detect abuse and neglect and is not involved in the alleged victim's treatment. All internal review findings must be documented and filed according to facility procedures and shall be made available to the Department. All internal review files, including information regarding the disposition of each report, shall also be made available, subject to confidentiality requirements, to the Illinois Guardianship and Advocacy Commission and any other agency or legal representative in the course of monitoring or investigating rights protections for recipients of services.

(f) Every FEC shall regularly train all employees in the detection and reporting of abuse and neglect of vulnerable adults.

(g) Retaliation in any form against a person who lawfully and in good faith makes report of abuse or neglect to an FEC administrator or to the Department is prohibited.

(h) The provisions of this Section do not relieve any FEC administrator, agent, or employee from making contact with appropriate law enforcement authorities as required by law.

Section 10. The Hospital Licensing Act is amended by changing Section 9 and by adding Section 9.6 as follows:

(210 ILCS 85/9) (from Ch. 111 1/2, par. 150)

Sec. 9. Inspections and investigations. The Department shall make or cause to be made such inspections and investigations as it deems necessary, except that the Department shall investigate every allegation of abuse or neglect of a vulnerable adult received by the Department. Under no circumstances may a hospital's internal review of an allegation of abuse or neglect of a vulnerable adult under subsection (e) of Section 9.6 replace an investigation of the allegation by the Department. Information received by the Department through filed reports, inspection, or as otherwise authorized under this Act shall not be disclosed publicly in such manner as to identify individuals or hospitals, except (i) in a proceeding involving the denial, suspension, or revocation of a permit to establish a hospital or a proceeding involving the denial, suspension, or revocation of a license to open, conduct, operate, and maintain a hospital, (ii) to the Department of Children and Family Services in the course of a child abuse or neglect investigation conducted by that Department or by the Department of Public Health, (iii) in accordance with Section 6.14a of this Act, or (iv) in other circumstances as may be approved by the Hospital Licensing Board.

(Source: P.A. 90-608, eff. 6-30-98; 91-242, eff. 1-1-00.)

(210 ILCS 85/9.6 new)

Sec. 9.6. Abuse or neglect of vulnerable adult.

(a) In this Section:

"Abuse" means any physical or mental injury or sexual assault inflicted on a vulnerable adult, other than by accidental means, in a hospital.

"Allegation" means any assertion, complaint, or suspicion that abuse or neglect of a vulnerable adult may have occurred.

"Neglect" means a failure in a hospital to provide adequate medical or other care, which failure results in physical or mental injury to a patient or in the deterioration of a patient's physical or mental condition.

"Vulnerable adult" means an individual who (i) is at least 18 years of age but less than 60 years of age, (ii) regardless of his or her mental capacity, has or is suspected of having a physical, mental, or developmental impairment, and (iii) is receiving, is requesting, or may be in need of hospital services, including evaluation for a determination of service needs.

(b) No administrator, agent, or employee of a hospital may abuse or neglect a vulnerable adult who is a patient in the hospital.

(c) The following persons shall be required to report all allegations of abuse and neglect of vulnerable adults: any hospital administrator, agent, or employee, and any physician, surgeon, dentist, osteopath, chiropractor, podiatrist, EMT/paramedic, nurse, aide, social worker, social services administrator, coroner, law enforcement or security personnel, religious practitioner, field personnel from a hospital accreditation agency, personnel of the Illinois Department of Healthcare and Family Services or the Illinois Department of Public Health or any county or municipal health or human services department, personnel of the Illinois Department of Human Services, the Illinois Guardianship and Advocacy Commission, the Illinois Department on Aging or its subsidiary Agencies on Aging, or the Illinois Department of Financial and Professional Regulation, and personnel of any other agency that is conducting a health or disability-related service. Required reporters include all employees of the State of Illinois who are involved in providing services to vulnerable adults, including professionals providing medical, rehabilitative, or dental services to vulnerable adults, and all employees of community service agencies who provide services to vulnerable adults in a setting outside that hospital.

(d) Any person required to report under subsection (c) who witnesses, discovers, or is told of possible abuse or neglect of a vulnerable adult, or who has reason to believe that a vulnerable adult may have been abused or neglected within a hospital, shall immediately report such allegations to the Department. Hospital employees shall immediately report all allegations to the hospital administrator according to the facility's procedures. All reports from hospitals to the Department must be made by telephone and in writing. No hospital administrator, agent, or employee, nor any other person, may screen reports or otherwise withhold reports from the Department, and no hospital shall establish criteria, guidelines, rules, procedures, or policies that alter or unreasonably delay reports to the Department.

The Department shall investigate every allegation of abuse or neglect of a vulnerable adult received by the Department. Under no circumstances may a hospital's internal review of an allegation of abuse or neglect of a vulnerable adult under subsection (e) replace an investigation of the allegation by the Department.

(e) In every event the hospital must, upon receipt of any allegation, promptly conduct an internal review to ensure the alleged victim's safety. Measures to protect an alleged victim shall be taken as deemed necessary by the facility's administrator and may include, but are not limited to, removing suspected violators from further patient contact during the internal review. All internal reviews are to be conducted by a designated hospital employee or agent who is qualified to detect abuse and neglect and is not involved in the alleged victim's treatment. All internal review findings must be documented and filed according to facility procedures and shall be made available to the Department. All internal review files, including information regarding the disposition of each report, shall also be made available, subject to confidentiality requirements, to the Illinois Guardianship and Advocacy Commission and any other agency or legal representative in the course of monitoring or investigating rights protections for recipients of services.

(f) Every hospital shall regularly train all employees in the detection and reporting of abuse and neglect of vulnerable adults.

(g) Retaliation in any form against a person who lawfully and in good faith makes report of abuse or neglect to a hospital administrator or to the Department is prohibited.

(h) The provisions of this Section do not relieve any hospital administrator, agent, or employee from making contact with appropriate law enforcement authorities as required by law.