Full Text of SB1368 95th General Assembly
SB1368eng 95TH GENERAL ASSEMBLY
|
|
|
SB1368 Engrossed |
|
LRB095 04137 DRJ 26714 b |
|
| 1 |
| AN ACT concerning State government.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Department of Human Services Act is amended | 5 |
| by adding Section 1-17 as follows: | 6 |
| (20 ILCS 1305/1-17 new) | 7 |
| Sec. 1-17. Inspector General. | 8 |
| (a) Appointment; powers and duties. The Governor shall | 9 |
| appoint, and the Senate shall confirm, an Inspector General. | 10 |
| The Inspector General shall be appointed for a term of 4 years | 11 |
| and shall function within the Department of Human Services and | 12 |
| report to the Secretary of Human Services and the Governor. The | 13 |
| Inspector General shall function independently within the | 14 |
| Department of Human Services with respect to the operations of | 15 |
| the office, including the performance of investigations and | 16 |
| issuance of findings and recommendations. The appropriation | 17 |
| for the Office of Inspector General shall be separate from the | 18 |
| overall appropriation for the Department of Human Services. The | 19 |
| Inspector General shall investigate reports of suspected abuse | 20 |
| or neglect (as those terms are defined by the Department of | 21 |
| Human Services) of patients or residents in any mental health | 22 |
| or developmental disabilities facility operated by the | 23 |
| Department of Human Services and shall have authority to |
|
|
|
SB1368 Engrossed |
- 2 - |
LRB095 04137 DRJ 26714 b |
|
| 1 |
| investigate and take immediate action on reports of abuse or | 2 |
| neglect of recipients, whether patients or residents, in any | 3 |
| mental health or developmental disabilities facility or | 4 |
| program that is licensed or certified by the Department of | 5 |
| Human Services (as successor to the Department of Mental Health | 6 |
| and Developmental Disabilities) or that is funded by the | 7 |
| Department of Human Services (as successor to the Department of | 8 |
| Mental Health and Developmental Disabilities) and is not | 9 |
| licensed or certified by any agency of the State. At the | 10 |
| specific, written request of an agency of the State other than | 11 |
| the Department of Human Services (as successor to the | 12 |
| Department of Mental Health and Developmental Disabilities), | 13 |
| the Inspector General may cooperate in investigating reports of | 14 |
| abuse and neglect of persons with mental illness or persons | 15 |
| with developmental disabilities. The Inspector General shall | 16 |
| have no supervision over or involvement in routine, | 17 |
| programmatic, licensure, or certification operations of the | 18 |
| Department of Human Services or any of its funded agencies. | 19 |
| The Inspector General shall promulgate rules establishing | 20 |
| minimum requirements for reporting allegations of abuse and | 21 |
| neglect and initiating, conducting, and completing | 22 |
| investigations. The promulgated rules shall clearly set forth | 23 |
| that in instances where 2 or more State agencies could | 24 |
| investigate an allegation of abuse or neglect, the Inspector | 25 |
| General shall not conduct an investigation that is redundant to | 26 |
| an investigation conducted by another State agency. The rules |
|
|
|
SB1368 Engrossed |
- 3 - |
LRB095 04137 DRJ 26714 b |
|
| 1 |
| shall establish criteria for determining, based upon the nature | 2 |
| of the allegation, the appropriate method of investigation, | 3 |
| which may include, but need not be limited to, site visits, | 4 |
| telephone contacts, or requests for written responses from | 5 |
| agencies. The rules shall also clarify how the Office of the | 6 |
| Inspector General shall interact with the licensing unit of the | 7 |
| Department of Human Services in investigations of allegations | 8 |
| of abuse or neglect. Any allegations or investigations of | 9 |
| reports made pursuant to this Act shall remain confidential | 10 |
| until a final report is completed. The resident or patient who | 11 |
| allegedly was abused or neglected and his or her legal guardian | 12 |
| shall be informed by the facility or agency of the report of | 13 |
| alleged abuse or neglect. Final reports regarding | 14 |
| unsubstantiated or unfounded allegations shall remain | 15 |
| confidential, except that final reports may be disclosed | 16 |
| pursuant to Section 6 of the Abused and Neglected Long Term | 17 |
| Care Facility Residents Reporting Act. | 18 |
| For purposes of this Section, "required reporter" means a | 19 |
| person who suspects, witnesses, or is informed of an allegation | 20 |
| of abuse and neglect at a State-operated facility or a | 21 |
| community agency and who is either: (i) a person employed at a | 22 |
| State-operated facility or a community agency on or off site | 23 |
| who is providing or monitoring services to an individual or | 24 |
| individuals or is providing services to the State-operated | 25 |
| facility or the community agency; or (ii) any person or | 26 |
| contractual agent of the Department of Human Services involved |
|
|
|
SB1368 Engrossed |
- 4 - |
LRB095 04137 DRJ 26714 b |
|
| 1 |
| in providing, monitoring, or administering mental health or | 2 |
| developmental services, including, but not limited to, payroll | 3 |
| personnel, contractors, subcontractors, and volunteers. A | 4 |
| required reporter shall report the allegation of abuse or | 5 |
| neglect, or cause a report to be made, to the Office of the | 6 |
| Inspector General (OIG) Hotline no later than 4 hours after the | 7 |
| initial discovery of the incident of alleged abuse or neglect. | 8 |
| A required reporter as defined in this paragraph who willfully | 9 |
| fails to comply with the reporting requirement is guilty of a | 10 |
| Class A misdemeanor. | 11 |
| For purposes of this Section, "State-operated facility" | 12 |
| means a mental health facility or a developmental disability | 13 |
| facility as defined in Sections 1-114 and 1-107 of the Mental | 14 |
| Health and Developmental Disabilities Code. | 15 |
| For purposes of this Section, "community agency" or | 16 |
| "agency" means any community entity or program providing mental | 17 |
| health or developmental disabilities services that is | 18 |
| licensed, certified, or funded by the Department of Human | 19 |
| Services and is not licensed or certified by an other human | 20 |
| services agency of the State (for example, the Department of | 21 |
| Public Health, the Department of Children and Family Services, | 22 |
| or the Department of Healthcare and Family Services). | 23 |
| When the Office of the Inspector General has substantiated | 24 |
| a case of abuse or neglect, the Inspector General shall include | 25 |
| in the final report any mitigating or aggravating circumstances | 26 |
| that were identified during the investigation. Upon |
|
|
|
SB1368 Engrossed |
- 5 - |
LRB095 04137 DRJ 26714 b |
|
| 1 |
| determination that a report of neglect is substantiated, the | 2 |
| Inspector General shall then determine whether such neglect | 3 |
| rises to the level of egregious neglect. | 4 |
| (b) Department of State Police. The Inspector General | 5 |
| shall, within 24 hours after determining that a reported | 6 |
| allegation of suspected abuse or neglect indicates that any | 7 |
| possible criminal act has been committed or that special | 8 |
| expertise is required in the investigation, immediately notify | 9 |
| the Department of State Police or the appropriate law | 10 |
| enforcement entity. The Department of State Police shall | 11 |
| investigate any report from a State-operated facility | 12 |
| indicating a possible murder, rape, or other felony. All | 13 |
| investigations conducted by the Inspector General shall be | 14 |
| conducted in a manner designed to ensure the preservation of | 15 |
| evidence for possible use in a criminal prosecution. | 16 |
| (b-5) Preliminary report of investigation; facility or | 17 |
| agency response. The Inspector General shall make a | 18 |
| determination to accept or reject a preliminary report of the | 19 |
| investigation of alleged abuse or neglect based on established | 20 |
| investigative procedures. Notice of the Inspector General's | 21 |
| determination must be given to the person who claims to be the | 22 |
| victim of the abuse or neglect, to the person or persons | 23 |
| alleged to have been responsible for abuse or neglect, and to | 24 |
| the facility or agency. The facility or agency or the person or | 25 |
| persons alleged to have been responsible for the abuse or | 26 |
| neglect and the person who claims to be the victim of the abuse |
|
|
|
SB1368 Engrossed |
- 6 - |
LRB095 04137 DRJ 26714 b |
|
| 1 |
| or neglect may request clarification or reconsideration based | 2 |
| on additional information. For cases where the allegation of | 3 |
| abuse or neglect is substantiated, the Inspector General shall | 4 |
| require the facility or agency to submit a written response. | 5 |
| The written response from a facility or agency shall address in | 6 |
| a concise and reasoned manner the actions that the agency or | 7 |
| facility will take or has taken to protect the resident or | 8 |
| patient from abuse or neglect, prevent reoccurrences, and | 9 |
| eliminate problems identified and shall include implementation | 10 |
| and completion dates for all such action. | 11 |
| (c) Inspector General's report; facility's or agency's | 12 |
| implementation reports. The Inspector General shall, within 10 | 13 |
| calendar days after the transmittal date of a completed | 14 |
| investigation where abuse or neglect is substantiated or | 15 |
| administrative action is recommended, provide a complete | 16 |
| report on the case to the Secretary of Human Services and to | 17 |
| the agency in which the abuse or neglect is alleged to have | 18 |
| happened. The complete report shall include a written response | 19 |
| from the agency or facility operated by the State to the | 20 |
| Inspector General that addresses in a concise and reasoned | 21 |
| manner the actions that the agency or facility will take or has | 22 |
| taken to protect the resident or patient from abuse or neglect, | 23 |
| prevent reoccurrences, and eliminate problems identified and | 24 |
| shall include implementation and completion dates for all such | 25 |
| action. The Secretary of Human Services shall accept or reject | 26 |
| the response and establish how the Department will determine |
|
|
|
SB1368 Engrossed |
- 7 - |
LRB095 04137 DRJ 26714 b |
|
| 1 |
| whether the facility or program followed the approved response. | 2 |
| The Secretary may require Department personnel to visit the | 3 |
| facility or agency for training, technical assistance, | 4 |
| programmatic, licensure, or certification purposes. | 5 |
| Administrative action, including sanctions, may be applied | 6 |
| should the Secretary reject the response or should the facility | 7 |
| or agency fail to follow the approved response. Within 30 days | 8 |
| after the Secretary has approved a response, the facility or | 9 |
| agency making the response shall provide an implementation | 10 |
| report to the Inspector General on the status of the corrective | 11 |
| action implemented. Within 60 days after the Secretary has | 12 |
| approved the response, the facility or agency shall send notice | 13 |
| of the completion of the corrective action or shall send an | 14 |
| updated implementation report. The facility or agency shall | 15 |
| continue sending updated implementation reports every 60 days | 16 |
| until the facility or agency sends a notice of the completion | 17 |
| of the corrective action. The Inspector General shall review | 18 |
| any implementation plan that takes more than 120 days. The | 19 |
| Inspector General shall monitor compliance through a random | 20 |
| review of completed corrective actions. This monitoring may | 21 |
| include, but need not be limited to, site visits, telephone | 22 |
| contacts, or requests for written documentation from the | 23 |
| facility or agency to determine whether the facility or agency | 24 |
| is in compliance with the approved response. The facility or | 25 |
| agency shall inform the resident or patient and the legal | 26 |
| guardian whether the reported allegation was substantiated, |
|
|
|
SB1368 Engrossed |
- 8 - |
LRB095 04137 DRJ 26714 b |
|
| 1 |
| unsubstantiated, or unfounded. There shall be an appeals | 2 |
| process for any person or agency that is subject to any action | 3 |
| based on a recommendation or recommendations. | 4 |
| (d) Sanctions. The Inspector General may recommend to the | 5 |
| Departments of Public Health and Human Services sanctions to be | 6 |
| imposed against mental health and developmental disabilities | 7 |
| facilities under the jurisdiction of the Department of Human | 8 |
| Services for the protection of residents, including | 9 |
| appointment of on-site monitors or receivers, transfer or | 10 |
| relocation of residents, and closure of units. The Inspector | 11 |
| General may seek the assistance of the Attorney General or any | 12 |
| of the several State's Attorneys in imposing such sanctions. | 13 |
| Whenever the Inspector General issues any recommendations to | 14 |
| the Secretary of Human Services, the Secretary shall provide a | 15 |
| written response. | 16 |
| (e) Training programs. The Inspector General shall | 17 |
| establish and conduct periodic training programs for | 18 |
| Department of Human Services employees and community agency | 19 |
| employees concerning the prevention and reporting of neglect | 20 |
| and abuse. | 21 |
| (f) Access to facilities. The Inspector General shall at | 22 |
| all times be granted access to any mental health or | 23 |
| developmental disabilities facility operated by the Department | 24 |
| of Human Services, shall establish and conduct unannounced site | 25 |
| visits to those facilities at least once annually, and shall be | 26 |
| granted access, for the purpose of investigating a report of |
|
|
|
SB1368 Engrossed |
- 9 - |
LRB095 04137 DRJ 26714 b |
|
| 1 |
| abuse or neglect, to the records of the Department of Human | 2 |
| Services and to any facility or program funded by the | 3 |
| Department of Human Services that is subject under the | 4 |
| provisions of this Section to investigation by the Inspector | 5 |
| General for a report of abuse or neglect. | 6 |
| (g) Other investigations. Nothing in this Section shall | 7 |
| limit investigations by the Department of Human Services that | 8 |
| may otherwise be required by law or that may be necessary in | 9 |
| that Department's capacity as the central administrative | 10 |
| authority responsible for the operation of State mental health | 11 |
| and developmental disability facilities. | 12 |
| (g-5) Health care worker registry. After notice and an | 13 |
| opportunity for a hearing that is separate and distinct from | 14 |
| the Office of the Inspector General's appeals process as | 15 |
| implemented under subsection (c) of this Section, the Inspector | 16 |
| General shall report to the Department of Public Health's | 17 |
| health care worker registry under Section 3-206.01 of the | 18 |
| Nursing Home Care Act the identity of individuals against whom | 19 |
| there has been a substantiated finding of physical or sexual | 20 |
| abuse or egregious neglect of a service recipient. | 21 |
| Nothing in this subsection shall diminish or impair the | 22 |
| rights of a person who is a member of a collective bargaining | 23 |
| unit pursuant to the Illinois Public Labor Relations Act or | 24 |
| pursuant to any federal labor statute. An individual who is a | 25 |
| member of a collective bargaining unit as described above shall | 26 |
| not be reported to the Department of Public Health's health |
|
|
|
SB1368 Engrossed |
- 10 - |
LRB095 04137 DRJ 26714 b |
|
| 1 |
| care worker registry until the exhaustion of that individual's | 2 |
| grievance and arbitration rights, or until 3 months after the | 3 |
| initiation of the grievance process, whichever occurs first, | 4 |
| provided that the Department of Human Services' hearing under | 5 |
| this subsection regarding the reporting of an individual to the | 6 |
| Department of Public Health's health care worker registry has | 7 |
| concluded. Notwithstanding anything hereinafter or previously | 8 |
| provided, if an action taken by an employer against an | 9 |
| individual as a result of the circumstances that led to a | 10 |
| finding of physical or sexual abuse or egregious neglect is | 11 |
| later overturned under a grievance or arbitration procedure | 12 |
| provided for in Section 8 of the Illinois Public Labor | 13 |
| Relations Act or under a collective bargaining agreement, the | 14 |
| report must be removed from the registry. | 15 |
| The Department of Human Services shall promulgate or amend | 16 |
| rules as necessary or appropriate to establish procedures for | 17 |
| reporting to the registry, including the definition of | 18 |
| egregious neglect, procedures for notice to the individual and | 19 |
| victim, appeal and hearing procedures, and petition for removal | 20 |
| of the report from the registry. The portion of the rules | 21 |
| pertaining to hearings shall provide that, at the hearing, both | 22 |
| parties may present written and oral evidence. The Department | 23 |
| shall be required to establish by a preponderance of the | 24 |
| evidence that the Office of the Inspector General's finding of | 25 |
| physical or sexual abuse or egregious neglect warrants | 26 |
| reporting to the Department of Public Health's health care |
|
|
|
SB1368 Engrossed |
- 11 - |
LRB095 04137 DRJ 26714 b |
|
| 1 |
| worker registry under Section 3-206.01 of the Nursing Home Care | 2 |
| Act. | 3 |
| Notice to the individual shall include a clear and concise | 4 |
| statement of the grounds on which the report to the registry is | 5 |
| based and notice of the opportunity for a hearing to contest | 6 |
| the report. The Department of Human Services shall provide the | 7 |
| notice by certified mail to the last known address of the | 8 |
| individual. The notice shall give the individual an opportunity | 9 |
| to contest the report in a hearing before the Department of | 10 |
| Human Services or to submit a written response to the findings | 11 |
| instead of requesting a hearing. If the individual does not | 12 |
| request a hearing or if after notice and a hearing the | 13 |
| Department of Human Services finds that the report is valid, | 14 |
| the finding shall be included as part of the registry, as well | 15 |
| as a brief statement from the reported individual if he or she | 16 |
| chooses to make a statement. The Department of Public Health | 17 |
| shall make available to the public information reported to the | 18 |
| registry. In a case of inquiries concerning an individual | 19 |
| listed in the registry, any information disclosed concerning a | 20 |
| finding of abuse or neglect shall also include disclosure of | 21 |
| the individual's brief statement in the registry relating to | 22 |
| the reported finding or include a clear and accurate summary of | 23 |
| the statement. | 24 |
| At any time after the report of the registry, an individual | 25 |
| may petition the Department of Human Services for removal from | 26 |
| the registry of the finding against him or her. Upon receipt of |
|
|
|
SB1368 Engrossed |
- 12 - |
LRB095 04137 DRJ 26714 b |
|
| 1 |
| such a petition, the Department of Human Services shall conduct | 2 |
| an investigation and hearing on the petition. Upon completion | 3 |
| of the investigation and hearing, the Department of Human | 4 |
| Services shall report the removal of the finding to the | 5 |
| registry unless the Department of Human Services determines | 6 |
| that removal is not in the public interest. | 7 |
| (h) Quality Care Board. There is created, within the Office | 8 |
| of the Inspector General, a Quality Care Board to be composed | 9 |
| of 7 members appointed by the Governor with the advice and | 10 |
| consent of the Senate. One of the members shall be designated | 11 |
| as chairman by the Governor. Of the initial appointments made | 12 |
| by the Governor, 4 Board members shall each be appointed for a | 13 |
| term of 4 years and 3 members shall each be appointed for a | 14 |
| term of 2 years. Upon the expiration of each member's term, a | 15 |
| successor shall be appointed for a term of 4 years. In the case | 16 |
| of a vacancy in the office of any member, the Governor shall | 17 |
| appoint a successor for the remainder of the unexpired term. | 18 |
| Members appointed by the Governor shall be qualified by | 19 |
| professional knowledge or experience in the area of law, | 20 |
| investigatory techniques, or in the area of care of the | 21 |
| mentally ill or developmentally disabled. Two members | 22 |
| appointed by the Governor shall be persons with a disability or | 23 |
| a parent of a person with a disability. Members shall serve | 24 |
| without compensation, but shall be reimbursed for expenses | 25 |
| incurred in connection with the performance of their duties as | 26 |
| members. |
|
|
|
SB1368 Engrossed |
- 13 - |
LRB095 04137 DRJ 26714 b |
|
| 1 |
| The Board shall meet quarterly, and may hold other meetings | 2 |
| on the call of the chairman. Four members shall constitute a | 3 |
| quorum. The Board may adopt rules and regulations it deems | 4 |
| necessary to govern its own procedures. | 5 |
| (i) Scope and function of the Quality Care Board. The Board | 6 |
| shall monitor and oversee the operations, policies, and | 7 |
| procedures of the Inspector General to assure the prompt and | 8 |
| thorough investigation of allegations of neglect and abuse. In | 9 |
| fulfilling these responsibilities, the Board may do the | 10 |
| following: | 11 |
| (1) Provide independent, expert consultation to the | 12 |
| Inspector General on policies and protocols for | 13 |
| investigations of alleged neglect and abuse. | 14 |
| (2) Review existing regulations relating to the | 15 |
| operation of facilities under the control of the Department | 16 |
| of Human Services. | 17 |
| (3) Advise the Inspector General as to the content of | 18 |
| training activities authorized under this Section. | 19 |
| (4) Recommend policies concerning methods for | 20 |
| improving the intergovernmental relationships between the | 21 |
| Office of the Inspector General and other State or federal | 22 |
| agencies. | 23 |
| (j) Investigators. The Inspector General shall establish a | 24 |
| comprehensive program to ensure that every person employed or | 25 |
| newly hired to conduct investigations shall receive training on | 26 |
| an on-going basis concerning investigative techniques, |
|
|
|
SB1368 Engrossed |
- 14 - |
LRB095 04137 DRJ 26714 b |
|
| 1 |
| communication skills, and the appropriate means of contact with | 2 |
| persons admitted or committed to the mental health or | 3 |
| developmental disabilities facilities under the jurisdiction | 4 |
| of the Department of Human Services. | 5 |
| (k) Subpoenas; testimony; penalty. The Inspector General | 6 |
| shall have the power to subpoena witnesses and compel the | 7 |
| production of books and papers pertinent to an investigation | 8 |
| authorized by this Act, provided that the power to subpoena or | 9 |
| to compel the production of books and papers shall not extend | 10 |
| to the person or documents of a labor organization or its | 11 |
| representatives insofar as the person or documents of a labor | 12 |
| organization relate to the function of representing an employee | 13 |
| subject to investigation under this Act. Mental health records | 14 |
| of patients shall be confidential as provided under the Mental | 15 |
| Health and Developmental Disabilities Confidentiality Act. Any | 16 |
| person who fails to appear in response to a subpoena or to | 17 |
| answer any question or produce any books or papers pertinent to | 18 |
| an investigation under this Act, except as otherwise provided | 19 |
| in this Section, or who knowingly gives false testimony in | 20 |
| relation to an investigation under this Act is guilty of a | 21 |
| Class A misdemeanor. | 22 |
| (l) Annual report. The Inspector General shall provide to | 23 |
| the General Assembly and the Governor, no later than January 1 | 24 |
| of each year, a summary of reports and investigations made | 25 |
| under this Act for the prior fiscal year with respect to | 26 |
| residents of institutions under the jurisdiction of the |
|
|
|
SB1368 Engrossed |
- 15 - |
LRB095 04137 DRJ 26714 b |
|
| 1 |
| Department of Human Services. The report shall detail the | 2 |
| imposition of sanctions and the final disposition of those | 3 |
| recommendations. The summaries shall not contain any | 4 |
| confidential or identifying information concerning the | 5 |
| subjects of the reports and investigations. The report shall | 6 |
| also include a trend analysis of the number of reported | 7 |
| allegations and their disposition, for each facility and | 8 |
| Department-wide, for the most recent 3-year time period and a | 9 |
| statement, for each facility, of the staffing-to-patient | 10 |
| ratios. The ratios shall include only the number of direct care | 11 |
| staff. The report shall also include detailed recommended | 12 |
| administrative actions and matters for consideration by the | 13 |
| General Assembly. | 14 |
| (m) Program audit. The Auditor General shall conduct a | 15 |
| biennial program audit of the Office of the Inspector General | 16 |
| in relation to the Inspector General's compliance with this | 17 |
| Act. The audit shall specifically include the Inspector | 18 |
| General's effectiveness in investigating reports of alleged | 19 |
| neglect or abuse of residents in any facility operated by the | 20 |
| Department of Human Services and in making recommendations for | 21 |
| sanctions to the Departments of Human Services and Public | 22 |
| Health. The Auditor General shall conduct the program audit | 23 |
| according to the provisions of the Illinois State Auditing Act | 24 |
| and shall report its findings to the General Assembly no later | 25 |
| than January 1 of each odd-numbered year. |
|
|
|
SB1368 Engrossed |
- 16 - |
LRB095 04137 DRJ 26714 b |
|
| 1 |
| Section 7. The Mental Health and Developmental | 2 |
| Disabilities Administrative Act is amended by changing Section | 3 |
| 7.3 as follows:
| 4 |
| (20 ILCS 1705/7.3)
| 5 |
| Sec. 7.3. Health care worker
Nurse aide registry; finding | 6 |
| of abuse or neglect. The
Department
shall require that no | 7 |
| facility, service agency, or support agency providing
mental | 8 |
| health
or developmental disability services that is licensed, | 9 |
| certified, operated, or
funded by the
Department shall employ a | 10 |
| person, in any capacity, who is identified by the health care | 11 |
| worker
nurse aide
registry as having been subject of a | 12 |
| substantiated finding of abuse or neglect
of a service | 13 |
| recipient. Any owner or operator of a community agency who is | 14 |
| identified by the health care worker
nurse aide registry as | 15 |
| having been the subject of a substantiated finding of abuse or | 16 |
| neglect of a service recipient is prohibited from any | 17 |
| involvement in any capacity with the provision of Department | 18 |
| funded mental health or developmental disability services. The
| 19 |
| Department shall establish and maintain the rules that are
| 20 |
| necessary or
appropriate to effectuate the intent of this | 21 |
| Section. The provisions of this
Section shall not
apply to any | 22 |
| facility, service agency, or support agency licensed or | 23 |
| certified
by a State
agency other than the Department, unless | 24 |
| operated by the Department of Human
Services.
| 25 |
| (Source: P.A. 94-934, eff. 6-26-06.)
|
|
|
|
SB1368 Engrossed |
- 17 - |
LRB095 04137 DRJ 26714 b |
|
| 1 |
| Section 10. The Abused and Neglected Long Term Care | 2 |
| Facility Residents Reporting
Act is amended by changing Section | 3 |
| 6 as follows:
| 4 |
| (210 ILCS 30/6) (from Ch. 111 1/2, par. 4166)
| 5 |
| Sec. 6. All reports of suspected abuse or neglect made | 6 |
| under this Act
shall be made immediately by telephone to the | 7 |
| Department's central register
established under Section 14 on | 8 |
| the single, State-wide, toll-free telephone
number established | 9 |
| under Section 13, or in person or by telephone through
the | 10 |
| nearest Department office. No long term care facility | 11 |
| administrator,
agent or employee, or any other person, shall | 12 |
| screen reports or otherwise
withhold any reports from the | 13 |
| Department, and no long term care facility,
department of State | 14 |
| government, or other agency shall establish any rules,
| 15 |
| criteria, standards or guidelines to the contrary. Every long | 16 |
| term care
facility, department of State government and other | 17 |
| agency whose employees
are required to make or cause to be made | 18 |
| reports under Section 4 shall
notify its employees of the | 19 |
| provisions of that Section and of this Section,
and provide to | 20 |
| the Department documentation that such notification has been
| 21 |
| given. The Department of Human Services shall train all of its | 22 |
| mental health and developmental
disabilities employees in the | 23 |
| detection and reporting of suspected
abuse and neglect of | 24 |
| residents. Reports made to the central register
through the |
|
|
|
SB1368 Engrossed |
- 18 - |
LRB095 04137 DRJ 26714 b |
|
| 1 |
| State-wide, toll-free telephone number shall be transmitted to
| 2 |
| appropriate Department offices and municipal health | 3 |
| departments that have
responsibility for licensing long term | 4 |
| care facilities under the Nursing
Home Care Act. All reports | 5 |
| received through offices of the Department
shall be forwarded | 6 |
| to the central register, in a manner and form described
by the | 7 |
| Department. The Department shall be capable of receiving | 8 |
| reports of
suspected abuse and neglect 24 hours a day, 7 days a | 9 |
| week. Reports shall
also be made in writing deposited in the | 10 |
| U.S. mail, postage prepaid, within
24 hours after having | 11 |
| reasonable cause to believe that the condition of the
resident | 12 |
| resulted from abuse or neglect. Such reports may in addition be
| 13 |
| made to the local law enforcement agency in the same manner. | 14 |
| However, in
the event a report is made to the local law | 15 |
| enforcement agency, the
reporter also shall immediately so | 16 |
| inform the Department. The Department
shall initiate an | 17 |
| investigation of each report of resident abuse and
neglect | 18 |
| under this Act, whether oral or written, as provided for in | 19 |
| Section
3-702 of the Nursing Home Care Act, except that reports | 20 |
| of abuse which
indicate that a resident's life or safety is in | 21 |
| imminent danger shall be
investigated within 24 hours of such | 22 |
| report. The Department may delegate to
law enforcement | 23 |
| officials or other public agencies the duty to perform such
| 24 |
| investigation.
| 25 |
| With respect to investigations of reports of suspected | 26 |
| abuse or neglect
of residents of mental health and |
|
|
|
SB1368 Engrossed |
- 19 - |
LRB095 04137 DRJ 26714 b |
|
| 1 |
| developmental disabilities institutions
under the jurisdiction | 2 |
| of the Department of
Human Services, the
Department shall | 3 |
| transmit
copies of such reports to the Department of State | 4 |
| Police, the Department of
Human Services, and the
Inspector | 5 |
| General
appointed under Section 1-17 of the Department of Human | 6 |
| Services Act
6.2 . If the Department receives a report
of | 7 |
| suspected abuse or neglect of a recipient of services as | 8 |
| defined in Section
1-123 of the Mental Health and Developmental | 9 |
| Disabilities Code, the
Department shall transmit copies of such | 10 |
| report to the Inspector General
and the Directors of the | 11 |
| Guardianship and Advocacy Commission and the
agency designated | 12 |
| by the Governor pursuant to the Protection and Advocacy
for | 13 |
| Developmentally Disabled Persons Act. When requested by the | 14 |
| Director
of the Guardianship and Advocacy Commission, the | 15 |
| agency designated by the
Governor pursuant to the Protection | 16 |
| and Advocacy for Developmentally
Disabled Persons Act, or the | 17 |
| Department of Financial and Professional Regulation, the | 18 |
| Department, the Department of Human Services and the Department | 19 |
| of State Police shall make
available a copy of the final | 20 |
| investigative report regarding investigations
conducted by | 21 |
| their respective agencies on incidents of suspected abuse or
| 22 |
| neglect of residents of mental health and developmental | 23 |
| disabilities
institutions or individuals receiving services at | 24 |
| community agencies under the jurisdiction of the Department of | 25 |
| Human Services. Such final investigative
report shall not | 26 |
| contain witness statements, investigation notes, draft
|
|
|
|
SB1368 Engrossed |
- 20 - |
LRB095 04137 DRJ 26714 b |
|
| 1 |
| summaries, results of lie detector tests, investigative files | 2 |
| or other raw data
which was used to compile the final | 3 |
| investigative report. Specifically, the
final investigative | 4 |
| report of the Department of State Police shall mean the
| 5 |
| Director's final transmittal letter. The Department of Human | 6 |
| Services shall also make available a
copy of the results of | 7 |
| disciplinary proceedings of employees involved in
incidents of | 8 |
| abuse or neglect to the Directors. All identifiable
information | 9 |
| in reports provided shall not be further disclosed except as
| 10 |
| provided by the Mental Health and Developmental Disabilities
| 11 |
| Confidentiality Act. Nothing in this Section is intended to | 12 |
| limit or
construe the power or authority granted to the agency | 13 |
| designated by the
Governor pursuant to the Protection and | 14 |
| Advocacy for Developmentally
Disabled Persons Act, pursuant to | 15 |
| any other State or federal statute.
| 16 |
| With respect to investigations of reported resident abuse | 17 |
| or neglect, the
Department shall effect with appropriate law | 18 |
| enforcement agencies formal
agreements concerning methods and | 19 |
| procedures for the conduct of investigations
into the criminal | 20 |
| histories of any administrator, staff assistant or employee
of | 21 |
| the nursing home or other person responsible for the residents | 22 |
| care,
as well as for other residents in the nursing home who | 23 |
| may be in a position
to abuse, neglect or exploit the patient. | 24 |
| Pursuant to the formal agreements
entered into with appropriate | 25 |
| law enforcement agencies, the Department may
request | 26 |
| information with respect to whether the person or persons set |
|
|
|
SB1368 Engrossed |
- 21 - |
LRB095 04137 DRJ 26714 b |
|
| 1 |
| forth
in this paragraph have ever been charged with a crime and | 2 |
| if so, the
disposition of those charges. Unless the criminal | 3 |
| histories of the
subjects involved crimes of violence or | 4 |
| resident abuse or neglect, the
Department shall be entitled | 5 |
| only to information limited in scope to
charges and their | 6 |
| dispositions. In cases where prior crimes of violence or
| 7 |
| resident abuse or neglect are involved, a more detailed report | 8 |
| can be made
available to authorized representatives of the | 9 |
| Department, pursuant to the
agreements entered into with | 10 |
| appropriate law enforcement agencies. Any
criminal charges and | 11 |
| their disposition information obtained by the
Department shall | 12 |
| be confidential and may not be transmitted outside the
| 13 |
| Department, except as required herein, to authorized | 14 |
| representatives or
delegates of the Department, and may not be | 15 |
| transmitted to anyone within
the Department who is not duly | 16 |
| authorized to handle resident abuse or
neglect investigations.
| 17 |
| The Department shall effect formal agreements with | 18 |
| appropriate law
enforcement agencies in the various counties | 19 |
| and communities to encourage
cooperation and coordination in | 20 |
| the handling of resident abuse or neglect
cases pursuant to | 21 |
| this Act. The Department shall adopt and implement
methods and | 22 |
| procedures to promote statewide uniformity in the handling of
| 23 |
| reports of abuse and neglect under this Act, and those methods | 24 |
| and
procedures shall be adhered to by personnel of the | 25 |
| Department involved in
such investigations and reporting. The | 26 |
| Department shall also make
information required by this Act |
|
|
|
SB1368 Engrossed |
- 22 - |
LRB095 04137 DRJ 26714 b |
|
| 1 |
| available to authorized personnel within
the Department, as | 2 |
| well as its authorized representatives.
| 3 |
| The Department shall keep a continuing record of all | 4 |
| reports made
pursuant to this Act, including indications of the | 5 |
| final determination of
any investigation and the final | 6 |
| disposition of all reports.
| 7 |
| The Department shall report annually to the General | 8 |
| Assembly on the
incidence of abuse and neglect of long term | 9 |
| care facility residents, with
special attention to residents | 10 |
| who are mentally disabled. The report shall
include but not be | 11 |
| limited to data on the number and source of reports of
| 12 |
| suspected abuse or neglect filed under this Act, the nature of | 13 |
| any injuries
to residents, the final determination of | 14 |
| investigations, the type and
number of cases where abuse or | 15 |
| neglect is determined to exist, and the
final disposition of | 16 |
| cases.
| 17 |
| (Source: P.A. 94-852, eff. 6-13-06.)
| 18 |
| (210 ILCS 30/6.2 rep.) | 19 |
| (210 ILCS 30/6.3 rep.) | 20 |
| (210 ILCS 30/6.4 rep.) | 21 |
| (210 ILCS 30/6.5 rep.) | 22 |
| (210 ILCS 30/6.6 rep.) | 23 |
| (210 ILCS 30/6.7 rep.) | 24 |
| (210 ILCS 30/6.8 rep.) | 25 |
| Section 15. The Abused and Neglected Long Term Care |
|
|
|
SB1368 Engrossed |
- 23 - |
LRB095 04137 DRJ 26714 b |
|
| 1 |
| Facility Residents Reporting
Act is amended by repealing | 2 |
| Sections 6.2, 6.3, 6.4, 6.5, 6.6, 6.7, and 6.8. | 3 |
| Section 20. The Nursing Home Care Act is amended by | 4 |
| changing Section 3-206.01 as follows:
| 5 |
| (210 ILCS 45/3-206.01) (from Ch. 111 1/2, par. 4153-206.01)
| 6 |
| Sec. 3-206.01. Health care worker
Nurse aide registry.
| 7 |
| (a) The Department shall establish and maintain a registry | 8 |
| of all
individuals who have satisfactorily completed the | 9 |
| training required
by Section 3-206. The registry shall include | 10 |
| the name of the nursing
assistant, habilitation aide, or child | 11 |
| care aide, his or her
current address, Social Security number, | 12 |
| and the date and location of
the training course completed by | 13 |
| the individual, and the date of the
individual's last criminal | 14 |
| records check. Any individual placed on the
registry is | 15 |
| required to inform the Department of any change of address
| 16 |
| within 30 days. A facility shall not employ an individual as a | 17 |
| nursing
assistant, habilitation aide, or child care aide
unless | 18 |
| the facility has inquired of the Department as to information | 19 |
| in the
registry concerning the individual and shall not employ | 20 |
| anyone not on the
registry unless the individual is enrolled in | 21 |
| a training program under
paragraph (5) of subsection (a) of | 22 |
| Section 3-206 of this Act.
| 23 |
| If the Department finds that a nursing assistant, | 24 |
| habilitation aide, or
child care aide has abused a resident, |
|
|
|
SB1368 Engrossed |
- 24 - |
LRB095 04137 DRJ 26714 b |
|
| 1 |
| neglected a resident, or misappropriated
resident property in a | 2 |
| facility, the Department shall notify the individual of
this | 3 |
| finding by certified mail sent to the address contained in the | 4 |
| registry.
The notice shall give the individual an opportunity | 5 |
| to contest the finding in a
hearing before the Department or to | 6 |
| submit a written response to the findings
in lieu of requesting | 7 |
| a hearing. If, after a hearing or if the individual does
not | 8 |
| request a hearing, the Department finds that the individual | 9 |
| abused a
resident, neglected a resident, or misappropriated | 10 |
| resident property in a
facility, the finding shall be included | 11 |
| as part of the registry as well as a
brief statement from the | 12 |
| individual, if he or she chooses to make such a
statement. The | 13 |
| Department shall make information in the registry available to
| 14 |
| the public. In the case of inquiries to the registry concerning | 15 |
| an individual
listed in the registry, any information disclosed | 16 |
| concerning such a finding
shall also include disclosure of any | 17 |
| statement in the registry relating to the
finding or a clear | 18 |
| and accurate summary of the statement.
| 19 |
| (b) The Department shall add to the health care worker
| 20 |
| nurse aide registry records
of findings as reported by the | 21 |
| Inspector General or remove from
the health care worker
nurse | 22 |
| aide registry records of findings as reported by the
Department | 23 |
| of Human Services, under subsection (g-5) of Section 1-17 of | 24 |
| the Department of Human Services Act
Section 6.2 of the Abused
| 25 |
| and Neglected Long Term Care Facility Residents Reporting Act .
| 26 |
| (Source: P.A. 91-598, eff. 1-1-00; 92-473, eff. 1-1-02; 92-651, |
|
|
|
SB1368 Engrossed |
- 25 - |
LRB095 04137 DRJ 26714 b |
|
| 1 |
| eff.
7-11-02.)
| 2 |
| Section 25. The Health Care Worker Background Check Act is | 3 |
| amended by changing Sections 30 and 40 as follows:
| 4 |
| (225 ILCS 46/30)
| 5 |
| Sec. 30. Non-fingerprint based UCIA criminal records | 6 |
| check.
| 7 |
| (a) Beginning on January 1, 1997,
an educational entity, | 8 |
| other than a secondary school, conducting a nurse aide
training | 9 |
| program must initiate
a UCIA criminal history records
check | 10 |
| prior to entry of an individual into the training program. A | 11 |
| nurse aide
seeking to be included on the health care worker
| 12 |
| nurse aide registry shall authorize
the Department of Public | 13 |
| Health
or its
designee that tests nurse aides or the health | 14 |
| care employer or its designee
to
request a criminal history | 15 |
| record check pursuant to the Uniform Conviction
Information Act | 16 |
| (UCIA) for each nurse aide applying for inclusion on the State | 17 |
| health care worker
nurse
aide registry. Any nurse aide not
| 18 |
| submitting the required authorization and
information for the | 19 |
| record check will not be added to the State health care worker
| 20 |
| nurse
aide registry. A nurse aide will not be entered on the | 21 |
| State health care worker
nurse aide
registry if the report from | 22 |
| the Department of State Police indicates that the
nurse aide | 23 |
| has a record of conviction of any of the criminal offenses
| 24 |
| enumerated in Section 25 unless the nurse aide's identity is |
|
|
|
SB1368 Engrossed |
- 26 - |
LRB095 04137 DRJ 26714 b |
|
| 1 |
| validated and
it is
determined that the nurse aide does
not | 2 |
| have a disqualifying criminal history record
based upon a
| 3 |
| fingerprint-based records check pursuant to Section 35 or the
| 4 |
| nurse aide receives a waiver pursuant to Section 40.
| 5 |
| (b) The Department of Public Health shall notify each | 6 |
| health care
employer inquiring as
to the information on the | 7 |
| State health care worker
nurse aide registry of the date of the | 8 |
| nurse
aide's last UCIA criminal history record check. If it has | 9 |
| been more than one
year since the records check, the health | 10 |
| care employer must initiate or have
initiated on his or her | 11 |
| behalf a UCIA
criminal history record check for the nurse
aide | 12 |
| pursuant to this Section. The health care employer must send a | 13 |
| copy of
the results of the record check to the State health | 14 |
| care worker
nurse aide registry for
an individual employed as a | 15 |
| nurse aide.
| 16 |
| (c) Beginning January 1, 1996, a health care employer who | 17 |
| makes a
conditional offer of employment to an applicant other | 18 |
| than a nurse
aide for position with duties that involve direct | 19 |
| care for clients, patients,
or residents must initiate or have | 20 |
| initiated on his or her behalf a UCIA
criminal history record | 21 |
| check for that
applicant.
| 22 |
| (d) No later than January 1, 1997, a health care employer | 23 |
| must initiate or
have initiated on his or her behalf a
UCIA | 24 |
| criminal history record check for all
employees other than | 25 |
| those enumerated in subsections (a), (b), and (c) of this
| 26 |
| Section with duties that involve direct care for clients, |
|
|
|
SB1368 Engrossed |
- 27 - |
LRB095 04137 DRJ 26714 b |
|
| 1 |
| patients, or
residents.
A health care employer having actual | 2 |
| knowledge from a source other than a
non-fingerprint check that | 3 |
| an employee has been
convicted of committing or attempting to | 4 |
| commit one of the offenses enumerated
in Section 25 of this Act | 5 |
| must initiate a fingerprint-based background check
within 10
| 6 |
| working days of acquiring that knowledge. The employer may | 7 |
| continue to
employ
that individual in a direct
care position, | 8 |
| may reassign that individual to a non-direct care position, or
| 9 |
| may suspend the individual until the results of the | 10 |
| fingerprint-based
background check are received.
| 11 |
| (d-5) Beginning January 1, 2006, each long-term care | 12 |
| facility operating in the State must initiate, or
have | 13 |
| initiated on its behalf, a
criminal history record check for | 14 |
| all
employees hired on or after January 1, 2006 with duties | 15 |
| that involve or may involve contact with residents or access to | 16 |
| the living quarters or the financial, medical, or personal | 17 |
| records of residents.
| 18 |
| (e) The request for a UCIA criminal history record check | 19 |
| must be in the form
prescribed by the Department of State
| 20 |
| Police.
| 21 |
| (f) The applicant or employee must be notified of the | 22 |
| following whenever a
non-fingerprint check is made:
| 23 |
| (i) that the health care employer shall request or have | 24 |
| requested on his
or her behalf a UCIA criminal history
| 25 |
| record check pursuant to this Act;
| 26 |
| (ii) that the applicant or employee has a right to |
|
|
|
SB1368 Engrossed |
- 28 - |
LRB095 04137 DRJ 26714 b |
|
| 1 |
| obtain a copy of the
criminal records report from the | 2 |
| health care employer, challenge the
accuracy and | 3 |
| completeness of the report,
and request a waiver under | 4 |
| Section 40 of this Act;
| 5 |
| (iii) that the applicant, if hired conditionally, may | 6 |
| be terminated if the
criminal records report indicates that | 7 |
| the applicant has a record of conviction
of any of the | 8 |
| criminal offenses enumerated in Section 25 unless the | 9 |
| applicant's
identity is validated and it
is determined that | 10 |
| the applicant does
not have a
disqualifying criminal | 11 |
| history record
based on a fingerprint-based records check | 12 |
| pursuant to
Section 35.
| 13 |
| (iv) that the applicant, if not hired conditionally, | 14 |
| shall not be hired if
the criminal records report indicates | 15 |
| that the applicant has a record of
conviction of any of the | 16 |
| criminal offenses enumerated in Section 25 unless the
| 17 |
| applicant's record is cleared based on a fingerprint-based | 18 |
| records check
pursuant to Section 35.
| 19 |
| (v) that the employee may be terminated if the criminal | 20 |
| records report
indicates that the employee has a record of | 21 |
| conviction of any of the criminal
offenses enumerated in | 22 |
| Section 25 unless the employee's
record is cleared
based on | 23 |
| a fingerprint-based records check pursuant to Section 35.
| 24 |
| (g) A health care employer may conditionally employ an | 25 |
| applicant
for
up to 3 months pending the results of a UCIA | 26 |
| criminal history record check.
|
|
|
|
SB1368 Engrossed |
- 29 - |
LRB095 04137 DRJ 26714 b |
|
| 1 |
| (Source: P.A. 94-665, eff. 1-1-06.)
| 2 |
| (225 ILCS 46/40)
| 3 |
| Sec. 40. Waiver.
| 4 |
| (a) An applicant, employee, or nurse aide may request a | 5 |
| waiver of the
prohibition against
employment by submitting the | 6 |
| following information to the entity responsible
for | 7 |
| inspecting, licensing, certifying, or registering the health | 8 |
| care employer
within 5 working days after the receipt of the | 9 |
| criminal records
report:
| 10 |
| (1) Information necessary to initiate a | 11 |
| fingerprint-based UCIA
criminal records check in a form and | 12 |
| manner prescribed by the
Department of State Police; and
| 13 |
| (2) The fee for a fingerprint-based UCIA criminal | 14 |
| records
check, which shall not exceed the actual cost of | 15 |
| the record check.
| 16 |
| (a-5) The entity responsible for inspecting, licensing, | 17 |
| certifying, or
registering the health care employer may accept | 18 |
| the results of the
fingerprint-based UCIA criminal records | 19 |
| check instead of the items required by
paragraphs (1) and (2) | 20 |
| of subsection (a).
| 21 |
| (b) The entity responsible for inspecting, licensing, | 22 |
| certifying, or
registering the health care employer may grant a | 23 |
| waiver based upon any
mitigating circumstances, which may | 24 |
| include, but need not be limited to:
| 25 |
| (1) The age of the individual at which the crime was |
|
|
|
SB1368 Engrossed |
- 30 - |
LRB095 04137 DRJ 26714 b |
|
| 1 |
| committed;
| 2 |
| (2) The circumstances surrounding the crime;
| 3 |
| (3) The length of time since the conviction;
| 4 |
| (4) The applicant or employee's criminal history since | 5 |
| the conviction;
| 6 |
| (5) The applicant or employee's work history;
| 7 |
| (6) The applicant or employee's current employment | 8 |
| references;
| 9 |
| (7) The applicant or employee's character references;
| 10 |
| (8) Health care worker
Nurse aide registry records; and
| 11 |
| (9) Other evidence demonstrating the ability of the | 12 |
| applicant or employee
to perform the employment | 13 |
| responsibilities competently and evidence that the
| 14 |
| applicant or employee does not pose a threat to the health | 15 |
| or safety of
residents, patients, or clients.
| 16 |
| (c) The entity responsible for inspecting, licensing, | 17 |
| certifying, or
registering a health care employer must inform | 18 |
| the health care employer
if a waiver is being sought and must | 19 |
| act upon the waiver request within 30 days
of
receipt of all | 20 |
| necessary information, as defined by rule.
| 21 |
| (d) An individual shall not be employed from the
time that | 22 |
| the employer receives the results of a non-fingerprint check
| 23 |
| containing disqualifying conditions until the time that the | 24 |
| individual receives
a waiver from the Department. If the | 25 |
| individual challenges the
results of the
non-fingerprint | 26 |
| check, the employer may continue to employ the individual if |
|
|
|
SB1368 Engrossed |
- 31 - |
LRB095 04137 DRJ 26714 b |
|
| 1 |
| the individual presents convincing evidence to the
employer | 2 |
| that the non-fingerprint check is invalid. If the individual
| 3 |
| challenges the results of the non-fingerprint check, his or her | 4 |
| identity shall
be validated by a fingerprint-based records | 5 |
| check in accordance with Section
35.
| 6 |
| (e) The entity responsible for inspecting, licensing,
| 7 |
| certifying, or
registering the health care employer shall be | 8 |
| immune from liability for any
waivers granted under this | 9 |
| Section.
| 10 |
| (f) A health care employer is not obligated to employ or | 11 |
| offer
permanent
employment to an applicant, or to retain an | 12 |
| employee who is granted a waiver
under this Section.
| 13 |
| (Source: P.A. 94-665, eff. 1-1-06.)
| 14 |
| Section 99. Effective date. This Act takes effect upon | 15 |
| becoming law.
|
|