Full Text of HB5492 95th General Assembly
HB5492ham002 95TH GENERAL ASSEMBLY
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Human Services Committee
Filed: 3/12/2008
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09500HB5492ham002 |
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LRB095 15957 DRJ 47892 a |
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| AMENDMENT TO HOUSE BILL 5492
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| AMENDMENT NO. ______. Amend House Bill 5492 by replacing | 3 |
| lines 10 through 23 on page 1 and lines 1 through 4 on page 2 | 4 |
| with the following: | 5 |
| " "Abuse" means any physical or mental injury or sexual | 6 |
| abuse inflicted on a vulnerable adult by a hospital employee | 7 |
| other than by accidental means. | 8 |
| "Accidental" means unplanned or unexpected occurrences | 9 |
| without intention or will. | 10 |
| "Allegation" means any assertion, complaint, or suspicion | 11 |
| that abuse or neglect of a vulnerable adult may have occurred. | 12 |
| "Employee" means any paid or retained person, | 13 |
| administrator, or agent, any contracted, subcontracted, or | 14 |
| independently contracted person, any volunteer, and any other | 15 |
| person who works in an FEC who might have contact with | 16 |
| patients. | 17 |
| "FEC" means a Freestanding Emergency Center licensed under | 18 |
| Section 32.5. |
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LRB095 15957 DRJ 47892 a |
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| "Mental injury" means harm arising from conduct by an | 2 |
| employee, including but not limited to the use of words, | 3 |
| gestures, and signs that are disparaging, derogatory, | 4 |
| humiliating, harassing, offensive, or threatening, or that | 5 |
| could precipitate emotional distress. | 6 |
| "Neglect" means failure by an FEC or any of its employees | 7 |
| to provide adequate medical or other care, including personal | 8 |
| maintenance, which failure results in physical or mental injury | 9 |
| to a vulnerable adult or results in the deterioration of a | 10 |
| vulnerable adult's physical or mental condition. | 11 |
| "Physical injury" means physical harm to an individual | 12 |
| caused by any non-accidental act or omission. | 13 |
| "Sexual abuse" means any act of sexual contact, sexual | 14 |
| penetration, sexual coercion, or sexual exploitation of an | 15 |
| individual. | 16 |
| "Vulnerable adult" means an individual who (i) is 18 years | 17 |
| of age or older, (ii) regardless of his or her mental capacity, | 18 |
| has or is suspected of having a physical disability, or a | 19 |
| mental or developmental disability as defined in the Mental | 20 |
| Health and Developmental Disabilities Code, and (iii) is | 21 |
| receiving, is requesting, or may be in need of hospital | 22 |
| services, including evaluation for a determination of service | 23 |
| needs. "; and
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| on page 3, by replacing lines 4 through 22 with the following: | 25 |
| " (d) Any person required to report under subsection (c) who |
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09500HB5492ham002 |
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LRB095 15957 DRJ 47892 a |
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| witnesses, suspects, discovers, is told of, or has reason to | 2 |
| believe that a vulnerable adult may have been abused or | 3 |
| neglected, or both abused and neglected, within an FEC shall | 4 |
| immediately, but in no event later than 4 hours after | 5 |
| discovery, report such allegations to the Department. FEC | 6 |
| employees shall immediately report all allegations to their | 7 |
| administrations according to the facility's internal | 8 |
| procedures. All reports from FECs to the Department must be | 9 |
| made by telephone to the Department's Central Complaint | 10 |
| Registry. A written report must be submitted to the Department | 11 |
| within 24 hours after the call. No FEC administrator, agent, or | 12 |
| employee, nor any other person, may screen reports or otherwise | 13 |
| withhold reports from the Department, and no FEC shall | 14 |
| establish criteria, guidelines, rules, procedures, or policies | 15 |
| that alter or unreasonably delay reports to the Department.
The | 16 |
| Department shall investigate every allegation of abuse or | 17 |
| neglect, or both, of a vulnerable adult received by the | 18 |
| Department pursuant to its administrative rules (177 Ill. | 19 |
| Admin. Code 400). Under no circumstances may a hospital's | 20 |
| internal review of an allegation of abuse or neglect, or both, | 21 |
| of a vulnerable adult under subsection (e) replace an | 22 |
| investigation of the allegation by "; and | 23 |
| by replacing lines 24 through 26 on page 3 and lines 1 through | 24 |
| 18 on page 4 with the following: | 25 |
| " Findings of abuse or neglect, or both, shall be subject to |
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LRB095 15957 DRJ 47892 a |
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| the Department's Health Care Worker Registry pursuant to the | 2 |
| Health Care Worker Background Check Act. | 3 |
| (e) In every event the FEC shall, upon receipt of any | 4 |
| allegation, promptly conduct an internal review to ensure the | 5 |
| alleged victim's safety. Internal reviews may follow | 6 |
| established FEC grievance procedures, but shall in no way | 7 |
| conflict with reporting to the Department as required under | 8 |
| subsection (d). Measures to protect an alleged victim shall be | 9 |
| taken as deemed necessary by the facility's administration and | 10 |
| may include, but need not be limited to, removing suspected | 11 |
| violators from further patient contact during the internal | 12 |
| review or during pendency of the Department's investigation. | 13 |
| All internal reviews are to be conducted by a designated FEC | 14 |
| employee or agent who is qualified to detect abuse and neglect | 15 |
| and is not involved in the alleged victim's treatment and has | 16 |
| no other appearance of a conflict of interest. All internal | 17 |
| review findings must be documented and filed according to | 18 |
| facility procedures and shall be made available to the | 19 |
| Department. All internal review files, including information | 20 |
| regarding the disposition of each report, shall also be made | 21 |
| available, subject to confidentiality requirements, to the | 22 |
| Illinois Guardianship and Advocacy Commission, the agency | 23 |
| designated by the Governor pursuant to the Protection and | 24 |
| Advocacy for Developmentally Disabled Persons Act, and any | 25 |
| other agency or legal representative in the course of | 26 |
| monitoring or investigating rights protections for recipients |
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09500HB5492ham002 |
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LRB095 15957 DRJ 47892 a |
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| of services. | 2 |
| (f) Every FEC shall ensure that all employees are trained | 3 |
| within one month of hire in the detection and reporting of | 4 |
| abuse and neglect of vulnerable adults and retrained every 2 | 5 |
| years thereafter. "; and | 6 |
| on page 6, by replacing lines 4 through 19 with the following: | 7 |
| " "Abuse" means any physical or mental injury or sexual | 8 |
| abuse inflicted on a vulnerable adult by a hospital employee | 9 |
| other than by accidental means. | 10 |
| "Accidental" means unplanned or unexpected occurrences | 11 |
| without intention or will. | 12 |
| "Allegation" means any assertion, complaint, or suspicion | 13 |
| that abuse or neglect of a vulnerable adult may have occurred. | 14 |
| "Employee" means any paid or retained person, | 15 |
| administrator, or agent, any contracted, subcontracted, or | 16 |
| independently contracted person, any volunteer, and any other | 17 |
| person who works in a hospital who might have contact with | 18 |
| patients. | 19 |
| "Mental injury" means harm arising from conduct by an | 20 |
| employee, including but not limited to the use of words, | 21 |
| gestures, and signs that are disparaging, derogatory, | 22 |
| humiliating, harassing, offensive, or threatening, or that | 23 |
| could precipitate emotional distress. | 24 |
| "Neglect" means failure by a hospital or any of its | 25 |
| employees to provide adequate medical or other care, including |
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09500HB5492ham002 |
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LRB095 15957 DRJ 47892 a |
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| 1 |
| personal maintenance, which failure results in physical or | 2 |
| mental injury to a vulnerable adult or results in the | 3 |
| deterioration of a vulnerable adult's physical or mental | 4 |
| condition. | 5 |
| "Physical injury" means physical harm to an individual | 6 |
| caused by any non-accidental act or omission. | 7 |
| "Sexual abuse" means any act of sexual contact, sexual | 8 |
| penetration, sexual coercion, or sexual exploitation of an | 9 |
| individual. | 10 |
| "Vulnerable adult" means an individual who (i) is 18 years | 11 |
| of age or older, (ii) regardless of his or her mental capacity, | 12 |
| has or is suspected of having a physical disability, or a | 13 |
| mental or developmental disability as defined in the Mental | 14 |
| Health and Developmental Disabilities Code, and (iii) is | 15 |
| receiving, is requesting, or may be in need of hospital | 16 |
| services, including evaluation for a determination of service | 17 |
| needs. "; and | 18 |
| by replacing lines 20 through 26 on page 7 and lines 1 through | 19 |
| 12 on page 8 with the following: | 20 |
| " (d) Any person required to report under subsection (c) who | 21 |
| witnesses, suspects, discovers, is told of, or has reason to | 22 |
| believe that a vulnerable adult may have been abused or | 23 |
| neglected, or both abused and neglected, within a hospital | 24 |
| shall immediately, but in no event later than 4 hours after | 25 |
| discovery, report such allegations to the Department. Hospital |
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09500HB5492ham002 |
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LRB095 15957 DRJ 47892 a |
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| 1 |
| employees shall immediately report all allegations to their | 2 |
| administrations according to the facility's internal | 3 |
| procedures. All reports from hospitals to the Department must | 4 |
| be made by telephone to the Department's Central Complaint | 5 |
| Registry. A written report must be submitted to the Department | 6 |
| within 24 hours after the call. No hospital administrator, | 7 |
| agent, or employee, nor any other person, may screen reports or | 8 |
| otherwise withhold reports from the Department, and no hospital | 9 |
| shall establish criteria, guidelines, rules, procedures, or | 10 |
| policies that alter or unreasonably delay reports to the | 11 |
| Department.
The Department shall investigate every allegation | 12 |
| of abuse or neglect, or both, of a vulnerable adult received by | 13 |
| the Department pursuant to its administrative rules (177 Ill. | 14 |
| Admin. Code 400). Under no circumstances may a hospital's | 15 |
| internal review of an allegation of abuse or neglect, or both, | 16 |
| of a vulnerable adult under subsection (e) replace an | 17 |
| investigation of the allegation by "; and | 18 |
| by replacing lines 14 through 26 on page 8 and lines 1 through | 19 |
| 8 on page 9 with the following: | 20 |
| " Findings of abuse or neglect, or both, shall be subject to | 21 |
| the Department's Health Care Worker Registry pursuant to the | 22 |
| Health Care Worker Background Check Act. | 23 |
| (e) In every event the hospital shall, upon receipt of any | 24 |
| allegation, promptly conduct an internal review to ensure the | 25 |
| alleged victim's safety. Internal reviews may follow |
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09500HB5492ham002 |
- 8 - |
LRB095 15957 DRJ 47892 a |
|
| 1 |
| established hospital grievance procedures, but shall in no way | 2 |
| conflict with reporting to the Department as required under | 3 |
| subsection (d). Measures to protect an alleged victim shall be | 4 |
| taken as deemed necessary by the facility's administration and | 5 |
| may include, but need not be limited to, removing suspected | 6 |
| violators from further patient contact during the internal | 7 |
| review or during pendency of the Department's investigation. | 8 |
| All internal reviews are to be conducted by a designated | 9 |
| hospital employee or agent who is qualified to detect abuse and | 10 |
| neglect and is not involved in the alleged victim's treatment | 11 |
| and has no other appearance of a conflict of interest. All | 12 |
| internal review findings must be documented and filed according | 13 |
| to facility procedures and shall be made available to the | 14 |
| Department. All internal review files, including information | 15 |
| regarding the disposition of each report, shall also be made | 16 |
| available, subject to confidentiality requirements, to the | 17 |
| Illinois Guardianship and Advocacy Commission, the agency | 18 |
| designated by the Governor pursuant to the Protection and | 19 |
| Advocacy for Developmentally Disabled Persons Act, and any | 20 |
| other agency or legal representative in the course of | 21 |
| monitoring or investigating rights protections for recipients | 22 |
| of services. | 23 |
| (f) Every hospital shall ensure that all employees are | 24 |
| trained within one month of hire in the detection and reporting | 25 |
| of abuse and neglect of vulnerable adults and retrained every 2 | 26 |
| years thereafter. ".
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