Full Text of SB3179 100th General Assembly
SB3179sam002 100TH GENERAL ASSEMBLY | Sen. Laura M. Murphy Filed: 4/20/2018
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| 1 | | AMENDMENT TO SENATE BILL 3179
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3179, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Department of Human Services Act is amended | 6 | | by changing Section 1-17 as follows:
| 7 | | (20 ILCS 1305/1-17)
| 8 | | Sec. 1-17. Inspector General. | 9 | | (a) Nature and purpose. It is the express intent of the | 10 | | General Assembly to ensure the health, safety, and financial | 11 | | condition of individuals receiving services in this State due | 12 | | to mental illness, developmental disability, or both by | 13 | | protecting those persons from acts of abuse, neglect, or both | 14 | | by service providers. To that end, the Office of the Inspector | 15 | | General for the Department of Human Services is created to | 16 | | investigate and report upon allegations of the abuse, neglect, |
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| 1 | | or financial exploitation of individuals receiving services | 2 | | within mental health facilities, developmental disabilities | 3 | | facilities, and community agencies operated, licensed, funded | 4 | | or certified by the Department of Human Services, but not | 5 | | licensed or certified by any other State agency. | 6 | | (b) Definitions. The following definitions apply to this | 7 | | Section: | 8 | | "Adult student with a disability" means an adult student, | 9 | | age 18 through 21, inclusive, with an Individual Education | 10 | | Program, other than a resident of a facility licensed by the | 11 | | Department of Children and Family Services in accordance with | 12 | | the Child Care Act of 1969. For purposes of this definition, | 13 | | "through age 21, inclusive", means through the day before the | 14 | | student's 22nd birthday. | 15 | | "Agency" or "community agency" means (i) a community agency | 16 | | licensed, funded, or certified by the Department, but not | 17 | | licensed or certified by any other human services agency of the | 18 | | State, to provide mental health service or developmental | 19 | | disabilities service, or (ii) a program licensed, funded, or | 20 | | certified by the Department, but not licensed or certified by | 21 | | any other human services agency of the State, to provide mental | 22 | | health service or developmental disabilities service. | 23 | | "Aggravating circumstance" means a factor that is | 24 | | attendant to a finding and that tends to compound or increase | 25 | | the culpability of the accused. | 26 | | "Allegation" means an assertion, complaint, suspicion, or |
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| 1 | | incident involving any of the following conduct by an employee, | 2 | | facility, or agency against an individual or individuals: | 3 | | mental abuse, physical abuse, sexual abuse, neglect, or | 4 | | financial exploitation. | 5 | | "Day" means working day, unless otherwise specified. | 6 | | "Deflection" means a situation in which an individual is | 7 | | presented for admission to a facility or agency, and the | 8 | | facility staff or agency staff do not admit the individual. | 9 | | "Deflection" includes triage, redirection, and denial of | 10 | | admission. | 11 | | "Department" means the Department of Human Services. | 12 | | "Developmental disability" means "developmental | 13 | | disability" as defined in the Mental Health and Developmental | 14 | | Disabilities Code. | 15 | | "Egregious neglect" means a finding of neglect as | 16 | | determined by the Inspector General that (i) represents a gross | 17 | | failure to adequately provide for, or a callused indifference | 18 | | to, the health, safety, or medical needs of an individual and | 19 | | (ii) results in an individual's death or other serious | 20 | | deterioration of an individual's physical condition or mental | 21 | | condition. | 22 | | "Employee" means any person who provides services at the | 23 | | facility or agency on-site or off-site. The service | 24 | | relationship can be with the individual or with the facility or | 25 | | agency. Also, "employee" includes any employee or contractual | 26 | | agent of the Department of Human Services or the community |
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| 1 | | agency involved in providing or monitoring or administering | 2 | | mental health or developmental disability services. This | 3 | | includes but is not limited to: owners, operators, payroll | 4 | | personnel, contractors, subcontractors, and volunteers. | 5 | | "Facility" or "State-operated facility" means a mental | 6 | | health facility or developmental disabilities facility | 7 | | operated by the Department. | 8 | | "Financial exploitation" means taking unjust advantage of | 9 | | an individual's assets, property, or financial resources | 10 | | through deception, intimidation, or conversion for the | 11 | | employee's, facility's, or agency's own advantage or benefit. | 12 | | "Finding" means the Office of Inspector General's | 13 | | determination regarding whether an allegation is | 14 | | substantiated, unsubstantiated, or unfounded. | 15 | | "Health Care Worker Registry" or "Registry" means the | 16 | | Health Care Worker Registry under the Health Care Worker | 17 | | Background Check Act. | 18 | | "Individual" means any person receiving mental health | 19 | | service, developmental disabilities service, or both from a | 20 | | facility or agency, while either on-site or off-site. | 21 | | "Mental abuse" means the use of demeaning, intimidating, or | 22 | | threatening words, signs, gestures, or other actions by an | 23 | | employee about an individual and in the presence of an | 24 | | individual or individuals that results in emotional distress or | 25 | | maladaptive behavior, or could have resulted in emotional | 26 | | distress or maladaptive behavior, for any individual present. |
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| 1 | | "Mental illness" means "mental illness" as defined in the | 2 | | Mental Health and Developmental Disabilities Code. | 3 | | "Mentally ill" means having a mental illness. | 4 | | "Mitigating circumstance" means a condition that (i) is | 5 | | attendant to a finding, (ii) does not excuse or justify the | 6 | | conduct in question, but (iii) may be considered in evaluating | 7 | | the severity of the conduct, the culpability of the accused, or | 8 | | both the severity of the conduct and the culpability of the | 9 | | accused. | 10 | | "Neglect" means an employee's, agency's, or facility's | 11 | | failure to provide adequate medical care, personal care, or | 12 | | maintenance and that, as a consequence, (i) causes an | 13 | | individual pain, injury, or emotional distress, (ii) results in | 14 | | either an individual's maladaptive behavior or the | 15 | | deterioration of an individual's physical condition or mental | 16 | | condition, or (iii) places the individual's health or safety at | 17 | | substantial risk. | 18 | | "Person with a developmental disability" means a person | 19 | | having a developmental disability. | 20 | | "Physical abuse" means an employee's non-accidental and | 21 | | inappropriate contact with an individual that causes bodily | 22 | | harm. "Physical abuse" includes actions that cause bodily harm | 23 | | as a result of an employee directing an individual or person to | 24 | | physically abuse another individual. | 25 | | "Recommendation" means an admonition, separate from a | 26 | | finding, that requires action by the facility, agency, or |
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| 1 | | Department to correct a systemic issue, problem, or deficiency | 2 | | identified during an investigation. | 3 | | "Required reporter" means any employee who suspects, | 4 | | witnesses, or is informed of an allegation of any one or more | 5 | | of the following: mental abuse, physical abuse, sexual abuse, | 6 | | neglect, or financial exploitation. | 7 | | "Secretary" means the Chief Administrative Officer of the | 8 | | Department. | 9 | | "Sexual abuse" means any sexual contact or intimate | 10 | | physical contact between an employee and an individual, | 11 | | including an employee's coercion or encouragement of an | 12 | | individual to engage in sexual behavior that results in sexual | 13 | | contact, intimate physical contact, sexual behavior, or | 14 | | intimate physical behavior. Sexual abuse also includes (i) an | 15 | | employee's actions that result in the sending or showing of | 16 | | sexually explicit images to an individual via computer, | 17 | | cellular phone, electronic mail, portable electronic device, | 18 | | or other media with or without contact with the individual or | 19 | | (ii) an employee's posting of sexually explicit images of an | 20 | | individual online or elsewhere whether or not there is contact | 21 | | with the individual. | 22 | | "Sexually explicit images" includes, but is not limited to, | 23 | | any material which depicts nudity, sexual conduct, or | 24 | | sado-masochistic abuse, or which contains explicit and | 25 | | detailed verbal descriptions or narrative accounts of sexual | 26 | | excitement, sexual conduct, or sado-masochistic abuse. |
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| 1 | | "Substantiated" means there is a preponderance of the | 2 | | evidence to support the allegation. | 3 | | "Unfounded" means there is no credible evidence to support | 4 | | the allegation. | 5 | | "Unsubstantiated" means there is credible evidence, but | 6 | | less than a preponderance of evidence to support the | 7 | | allegation. | 8 | | (c) Appointment. The Governor shall appoint, and the Senate | 9 | | shall confirm, an Inspector General. The Inspector General | 10 | | shall be appointed for a term of 4 years and shall function | 11 | | within the Department of Human Services and report to the | 12 | | Secretary and the Governor. | 13 | | (d) Operation and appropriation. The Inspector General | 14 | | shall function independently within the Department with | 15 | | respect to the operations of the Office, including the | 16 | | performance of investigations and issuance of findings and | 17 | | recommendations. The appropriation for the Office of Inspector | 18 | | General shall be separate from the overall appropriation for | 19 | | the Department. | 20 | | (e) Powers and duties. The Inspector General shall | 21 | | investigate reports of suspected mental abuse, physical abuse, | 22 | | sexual abuse, neglect, or financial exploitation of | 23 | | individuals in any mental health or developmental disabilities | 24 | | facility or agency and shall have authority to take immediate | 25 | | action to prevent any one or more of the following from | 26 | | happening to individuals under its jurisdiction: mental abuse, |
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| 1 | | physical abuse, sexual abuse, neglect, or financial | 2 | | exploitation. Upon written request of an agency of this State, | 3 | | the Inspector General may assist another agency of the State in | 4 | | investigating reports of the abuse, neglect, or abuse and | 5 | | neglect of persons with mental illness, persons with | 6 | | developmental disabilities, or persons with both. To comply | 7 | | with the requirements of subsection (k) of this Section, the | 8 | | Inspector General shall also review all reportable deaths for | 9 | | which there is no allegation of abuse or neglect. Nothing in | 10 | | this Section shall preempt any duties of the Medical Review | 11 | | Board set forth in the Mental Health and Developmental | 12 | | Disabilities Code. The Inspector General shall have no | 13 | | authority to investigate alleged violations of the State | 14 | | Officials and Employees Ethics Act. Allegations of misconduct | 15 | | under the State Officials and Employees Ethics Act shall be | 16 | | referred to the Office of the Governor's Executive Inspector | 17 | | General for investigation. | 18 | | (f) Limitations. The Inspector General shall not conduct an | 19 | | investigation within an agency or facility if that | 20 | | investigation would be redundant to or interfere with an | 21 | | investigation conducted by another State agency. The Inspector | 22 | | General shall have no supervision over, or involvement in, the | 23 | | routine programmatic, licensing, funding, or certification | 24 | | operations of the Department. Nothing in this subsection limits | 25 | | investigations by the Department that may otherwise be required | 26 | | by law or that may be necessary in the Department's capacity as |
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| 1 | | central administrative authority responsible for the operation | 2 | | of the State's mental health and developmental disabilities | 3 | | facilities. | 4 | | (g) Rulemaking authority. The Inspector General shall | 5 | | promulgate rules establishing minimum requirements for | 6 | | reporting allegations as well as for initiating, conducting, | 7 | | and completing investigations based upon the nature of the | 8 | | allegation or allegations. The rules shall clearly establish | 9 | | that if 2 or more State agencies could investigate an | 10 | | allegation, the Inspector General shall not conduct an | 11 | | investigation that would be redundant to, or interfere with, an | 12 | | investigation conducted by another State agency. The rules | 13 | | shall further clarify the method and circumstances under which | 14 | | the Office of Inspector General may interact with the | 15 | | licensing, funding, or certification units of the Department in | 16 | | preventing further occurrences of mental abuse, physical | 17 | | abuse, sexual abuse, neglect, egregious neglect, and financial | 18 | | exploitation. | 19 | | (h) Training programs. The Inspector General shall (i) | 20 | | establish a comprehensive program to ensure that every person | 21 | | authorized to conduct investigations receives ongoing training | 22 | | relative to investigation techniques, communication skills, | 23 | | and the appropriate means of interacting with persons receiving | 24 | | treatment for mental illness, developmental disability, or | 25 | | both mental illness and developmental disability, and (ii) | 26 | | establish and conduct periodic training programs for facility |
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| 1 | | and agency employees concerning the prevention and reporting of | 2 | | any one or more of the following: mental abuse, physical abuse, | 3 | | sexual abuse, neglect, egregious neglect, or financial | 4 | | exploitation. The Inspector General shall further ensure (i) | 5 | | every person authorized to conduct investigations at community | 6 | | agencies receives ongoing training in Title 59, Parts 115, 116, | 7 | | and 119, and (ii) every person authorized to conduct | 8 | | investigations shall receive ongoing training in Title 59, Part | 9 | | 50. Nothing in this Section shall be deemed to prevent the | 10 | | Office of Inspector General from conducting any other training | 11 | | as determined by the Inspector General to be necessary or | 12 | | helpful. | 13 | | (i) Duty to cooperate. | 14 | | (1) The Inspector General shall at all times be granted | 15 | | access to any facility or agency for the purpose of | 16 | | investigating any allegation, conducting unannounced site | 17 | | visits, monitoring compliance with a written response, or | 18 | | completing any other statutorily assigned duty. The | 19 | | Inspector General shall conduct unannounced site visits to | 20 | | each facility at least annually for the purpose of | 21 | | reviewing and making recommendations on systemic issues | 22 | | relative to preventing, reporting, investigating, and | 23 | | responding to all of the following: mental abuse, physical | 24 | | abuse, sexual abuse, neglect, egregious neglect, or | 25 | | financial exploitation. | 26 | | (2) Any employee who fails to cooperate with an Office |
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| 1 | | of the Inspector General investigation is in violation of | 2 | | this Act. Failure to cooperate with an investigation | 3 | | includes, but is not limited to, any one or more of the | 4 | | following: (i) creating and transmitting a false report to | 5 | | the Office of the Inspector General hotline, (ii) providing | 6 | | false information to an Office of the Inspector General | 7 | | Investigator during an investigation, (iii) colluding with | 8 | | other employees to cover up evidence, (iv) colluding with | 9 | | other employees to provide false information to an Office | 10 | | of the Inspector General investigator, (v) destroying | 11 | | evidence, (vi) withholding evidence, or (vii) otherwise | 12 | | obstructing an Office of the Inspector General | 13 | | investigation. Additionally, any employee who, during an | 14 | | unannounced site visit or written response compliance | 15 | | check, fails to cooperate with requests from the Office of | 16 | | the Inspector General is in violation of this Act. | 17 | | (j) Subpoena powers. The Inspector General shall have the | 18 | | power to subpoena witnesses and compel the production of all | 19 | | documents and physical evidence relating to his or her | 20 | | investigations and any hearings authorized by this Act. This | 21 | | subpoena power shall not extend to persons or documents of a | 22 | | labor organization or its representatives insofar as the | 23 | | persons are acting in a representative capacity to an employee | 24 | | whose conduct is the subject of an investigation or the | 25 | | documents relate to that representation. Any person who | 26 | | otherwise fails to respond to a subpoena or who knowingly |
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| 1 | | provides false information to the Office of the Inspector | 2 | | General by subpoena during an investigation is guilty of a | 3 | | Class A misdemeanor. | 4 | | (k) Reporting allegations and deaths. | 5 | | (1) Allegations. If an employee witnesses, is told of, | 6 | | or has reason to believe an incident of mental abuse, | 7 | | physical abuse, sexual abuse, neglect, or financial | 8 | | exploitation has occurred, the employee, agency, or | 9 | | facility shall report the allegation by phone to the Office | 10 | | of the Inspector General hotline according to the agency's | 11 | | or facility's procedures, but in no event later than 4 | 12 | | hours after the initial discovery of the incident, | 13 | | allegation, or suspicion of any one or more of the | 14 | | following: mental abuse, physical abuse, sexual abuse, | 15 | | neglect, or financial exploitation. A required reporter as | 16 | | defined in subsection (b) of this Section who knowingly or | 17 | | intentionally fails to comply with these reporting | 18 | | requirements is guilty of a Class A misdemeanor. | 19 | | (2) Deaths. Absent an allegation, a required reporter | 20 | | shall, within 24 hours after initial discovery, report by | 21 | | phone to the Office of the Inspector General hotline each | 22 | | of the following: | 23 | | (i) Any death of an individual occurring within 14 | 24 | | calendar days after discharge or transfer of the | 25 | | individual from a residential program or facility. | 26 | | (ii) Any death of an individual occurring within 24 |
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| 1 | | hours after deflection from a residential program or | 2 | | facility. | 3 | | (iii) Any other death of an individual occurring at | 4 | | an agency or facility or at any Department-funded site. | 5 | | (3) Retaliation. It is a violation of this Act for any | 6 | | employee or administrator of an agency or facility to take | 7 | | retaliatory action against an employee who acts in good | 8 | | faith in conformance with his or her duties as a required | 9 | | reporter. | 10 | | (l) Reporting to law enforcement. | 11 | | (1) Reporting criminal acts. Within 24 hours after | 12 | | determining that there is credible evidence indicating | 13 | | that a criminal act may have been committed or that special | 14 | | expertise may be required in an investigation, the | 15 | | Inspector General shall notify the Department of State | 16 | | Police or other appropriate law enforcement authority, or | 17 | | ensure that such notification is made. The Department of | 18 | | State Police shall investigate any report from a | 19 | | State-operated facility indicating a possible murder, | 20 | | sexual assault, or other felony by an employee. All | 21 | | investigations conducted by the Inspector General shall be | 22 | | conducted in a manner designed to ensure the preservation | 23 | | of evidence for possible use in a criminal prosecution. | 24 | | (2) Reporting allegations of adult students with | 25 | | disabilities. Upon receipt of a reportable allegation | 26 | | regarding an adult student with a disability, the |
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| 1 | | Department's Office of the Inspector General shall | 2 | | determine whether the allegation meets the criteria for the | 3 | | Domestic Abuse Program under the Abuse of Adults with | 4 | | Disabilities Intervention Act. If the allegation is | 5 | | reportable to that program, the Office of the Inspector | 6 | | General shall initiate an investigation. If the allegation | 7 | | is not reportable to the Domestic Abuse Program, the Office | 8 | | of the Inspector General shall make an expeditious referral | 9 | | to the respective law enforcement entity. If the alleged | 10 | | victim is already receiving services from the Department, | 11 | | the Office of the Inspector General shall also make a | 12 | | referral to the respective Department of Human Services' | 13 | | Division or Bureau. | 14 | | (m) Investigative reports. Upon completion of an | 15 | | investigation, the Office of Inspector General shall issue an | 16 | | investigative report identifying whether the allegations are | 17 | | substantiated, unsubstantiated, or unfounded. Within 10 | 18 | | business days after the transmittal of a completed | 19 | | investigative report substantiating an allegation, finding an | 20 | | allegation is unsubstantiated, or if a recommendation is made, | 21 | | the Inspector General shall provide the investigative report on | 22 | | the case to the Secretary and to the director of the facility | 23 | | or agency where any one or more of the following occurred: | 24 | | mental abuse, physical abuse, sexual abuse, neglect, egregious | 25 | | neglect, or financial exploitation. The director of the | 26 | | facility or agency shall be responsible for maintaining the |
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| 1 | | confidentiality of the investigative report consistent with | 2 | | State and federal law. In a substantiated case, the | 3 | | investigative report shall include any mitigating or | 4 | | aggravating circumstances that were identified during the | 5 | | investigation. If the case involves substantiated neglect, the | 6 | | investigative report shall also state whether egregious | 7 | | neglect was found. An investigative report may also set forth | 8 | | recommendations. All investigative reports prepared by the | 9 | | Office of the Inspector General shall be considered | 10 | | confidential and shall not be released except as provided by | 11 | | the law of this State or as required under applicable federal | 12 | | law. Unsubstantiated and unfounded reports shall not be | 13 | | disclosed except as allowed under Section 6 of the Abused and | 14 | | Neglected Long Term Care Facility Residents Reporting Act. Raw | 15 | | data used to compile the investigative report shall not be | 16 | | subject to release unless required by law or a court order. | 17 | | "Raw data used to compile the investigative report" includes, | 18 | | but is not limited to, any one or more of the following: the | 19 | | initial complaint, witness statements, photographs, | 20 | | investigator's notes, police reports, or incident reports. If | 21 | | the allegations are substantiated, the accused shall be | 22 | | provided with a redacted copy of the investigative report. | 23 | | Death reports where there was no allegation of abuse or neglect | 24 | | shall only be released pursuant to applicable State or federal | 25 | | law or a valid court order. | 26 | | (n) Written responses and reconsideration requests. |
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| 1 | | (1) Written responses. Within 30 calendar days from | 2 | | receipt of a substantiated investigative report or an | 3 | | investigative report which contains recommendations, | 4 | | absent a reconsideration request, the facility or agency | 5 | | shall file a written response that addresses, in a concise | 6 | | and reasoned manner, the actions taken to: (i) protect the | 7 | | individual; (ii) prevent recurrences; and (iii) eliminate | 8 | | the problems identified. The response shall include the | 9 | | implementation and completion dates of such actions. If the | 10 | | written response is not filed within the allotted 30 | 11 | | calendar day period, the Secretary shall determine the | 12 | | appropriate corrective action to be taken. | 13 | | (2) Reconsideration requests. The facility, agency, | 14 | | victim or guardian, or the subject employee may request | 15 | | that the Office of Inspector General reconsider or clarify | 16 | | its finding based upon additional information. | 17 | | (o) Disclosure of the finding by the Inspector General. The | 18 | | Inspector General shall disclose the finding of an | 19 | | investigation to the following persons: (i) the Governor, (ii) | 20 | | the Secretary, (iii) the director of the facility or agency, | 21 | | (iv) the alleged victims and their guardians, (v) the | 22 | | complainant, and (vi) the accused. This information shall | 23 | | include whether the allegations were deemed substantiated, | 24 | | unsubstantiated, or unfounded. | 25 | | (p) Secretary review. Upon review of the Inspector | 26 | | General's investigative report and any agency's or facility's |
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| 1 | | written response, the Secretary shall accept or reject the | 2 | | written response and notify the Inspector General of that | 3 | | determination. The Secretary may further direct that other | 4 | | administrative action be taken, including, but not limited to, | 5 | | any one or more of the following: (i) additional site visits, | 6 | | (ii) training, (iii) provision of technical assistance | 7 | | relative to administrative needs, licensure or certification, | 8 | | or (iv) the imposition of appropriate sanctions. | 9 | | (q) Action by facility or agency. Within 30 days of the | 10 | | date the Secretary approves the written response or directs | 11 | | that further administrative action be taken, the facility or | 12 | | agency shall provide an implementation report to the Inspector | 13 | | General that provides the status of the action taken. The | 14 | | facility or agency shall be allowed an additional 30 days to | 15 | | send notice of completion of the action or to send an updated | 16 | | implementation report. If the action has not been completed | 17 | | within the additional 30-day 30 day period, the facility or | 18 | | agency shall send updated implementation reports every 60 days | 19 | | until completion. The Inspector General shall conduct a review | 20 | | of any implementation plan that takes more than 120 days after | 21 | | approval to complete, and shall monitor compliance through a | 22 | | random review of approved written responses, which may include, | 23 | | but are not limited to: (i) site visits, (ii) telephone | 24 | | contact, and (iii) requests for additional documentation | 25 | | evidencing compliance. | 26 | | (r) Sanctions. Sanctions, if imposed by the Secretary under |
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| 1 | | Subdivision (p)(iv) of this Section, shall be designed to | 2 | | prevent further acts of mental abuse, physical abuse, sexual | 3 | | abuse, neglect, egregious neglect, or financial exploitation | 4 | | or some combination of one or more of those acts at a facility | 5 | | or agency, and may include any one or more of the following: | 6 | | (1) Appointment of on-site monitors. | 7 | | (2) Transfer or relocation of an individual or | 8 | | individuals. | 9 | | (3) Closure of units. | 10 | | (4) Termination of any one or more of the following: | 11 | | (i) Department licensing, (ii) funding, or (iii) | 12 | | certification. | 13 | | The Inspector General may seek the assistance of the | 14 | | Illinois Attorney General or the office of any State's Attorney | 15 | | in implementing sanctions. | 16 | | (s) Health Care Worker Registry. | 17 | | (1) Reporting to the Registry. The Inspector General | 18 | | shall report to the Department of Public Health's Health | 19 | | Care Worker Registry, a public registry, the identity and | 20 | | finding of each employee of a facility or agency against | 21 | | whom there is a final investigative report containing a | 22 | | substantiated allegation of physical or sexual abuse, | 23 | | financial exploitation, or egregious neglect of an | 24 | | individual. | 25 | | (2) Notice to employee. Prior to reporting the name of | 26 | | an employee, the employee shall be notified of the |
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| 1 | | Department's obligation to report and shall be granted an | 2 | | opportunity to request an administrative hearing, the sole | 3 | | purpose of which is to determine if the substantiated | 4 | | finding warrants reporting to the Registry. Notice to the | 5 | | employee shall contain a clear and concise statement of the | 6 | | grounds on which the report to the Registry is based, offer | 7 | | the employee an opportunity for a hearing, and identify the | 8 | | process for requesting such a hearing. Notice is sufficient | 9 | | if provided by certified mail to the employee's last known | 10 | | address. If the employee fails to request a hearing within | 11 | | 30 days from the date of the notice, the Inspector General | 12 | | shall report the name of the employee to the Registry. | 13 | | Nothing in this subdivision (s)(2) shall diminish or impair | 14 | | the rights of a person who is a member of a collective | 15 | | bargaining unit under the Illinois Public Labor Relations | 16 | | Act or under any other federal labor statute. | 17 | | (3) Registry hearings. If the employee requests an | 18 | | administrative hearing, the employee shall be granted an | 19 | | opportunity to appear before an administrative law judge to | 20 | | present reasons why the employee's name should not be | 21 | | reported to the Registry. The Department shall bear the | 22 | | burden of presenting evidence that establishes, by a | 23 | | preponderance of the evidence, that the substantiated | 24 | | finding warrants reporting to the Registry. After | 25 | | considering all the evidence presented, the administrative | 26 | | law judge shall make a recommendation to the Secretary as |
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| 1 | | to whether the substantiated finding warrants reporting | 2 | | the name of the employee to the Registry. The Secretary | 3 | | shall render the final decision. The Department and the | 4 | | employee shall have the right to request that the | 5 | | administrative law judge consider a stipulated disposition | 6 | | of these proceedings. | 7 | | (4) Testimony at Registry hearings. A person who makes | 8 | | a report or who investigates a report under this Act shall | 9 | | testify fully in any judicial proceeding resulting from | 10 | | such a report, as to any evidence of abuse or neglect, or | 11 | | the cause thereof. No evidence shall be excluded by reason | 12 | | of any common law or statutory privilege relating to | 13 | | communications between the alleged perpetrator of abuse or | 14 | | neglect, or the individual alleged as the victim in the | 15 | | report, and the person making or investigating the report. | 16 | | Testimony at hearings is exempt from the confidentiality | 17 | | requirements of subsection (f) of Section 10 of the Mental | 18 | | Health and Developmental Disabilities Confidentiality Act. | 19 | | (5) Employee's rights to collateral action. No | 20 | | reporting to the Registry shall occur and no hearing shall | 21 | | be set or proceed if an employee notifies the Inspector | 22 | | General in writing, including any supporting | 23 | | documentation, that he or she is formally contesting an | 24 | | adverse employment action resulting from a substantiated | 25 | | finding by complaint filed with the Illinois Civil Service | 26 | | Commission, or which otherwise seeks to enforce the |
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| 1 | | employee's rights pursuant to any applicable collective | 2 | | bargaining agreement. If an action taken by an employer | 3 | | against an employee as a result of a finding of physical | 4 | | abuse, sexual abuse, or egregious neglect is overturned | 5 | | through an action filed with the Illinois Civil Service | 6 | | Commission or under any applicable collective bargaining | 7 | | agreement and if that employee's name has already been sent | 8 | | to the Registry, the employee's name shall be removed from | 9 | | the Registry. | 10 | | (6) Removal from Registry. At any time after the report | 11 | | to the Registry, but no more than once in any 12-month | 12 | | period, an employee may petition the Department in writing | 13 | | to remove his or her name from the Registry. Upon receiving | 14 | | notice of such request, the Inspector General shall conduct | 15 | | an investigation into the petition. Upon receipt of such | 16 | | request, an administrative hearing will be set by the | 17 | | Department. At the hearing, the employee shall bear the | 18 | | burden of presenting evidence that establishes, by a | 19 | | preponderance of the evidence, that removal of the name | 20 | | from the Registry is in the public interest. The parties | 21 | | may jointly request that the administrative law judge | 22 | | consider a stipulated disposition of these proceedings. | 23 | | (t) Review of Administrative Decisions. The Department | 24 | | shall preserve a record of all proceedings at any formal | 25 | | hearing conducted by the Department involving Health Care | 26 | | Worker Registry hearings. Final administrative decisions of |
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| 1 | | the Department are subject to judicial review pursuant to | 2 | | provisions of the Administrative Review Law. | 3 | | (u) Quality Care Board. There is created, within the Office | 4 | | of the Inspector General, a Quality Care Board to be composed | 5 | | of 7 members appointed by the Governor with the advice and | 6 | | consent of the Senate. One of the members shall be designated | 7 | | as chairman by the Governor. Of the initial appointments made | 8 | | by the Governor, 4 Board members shall each be appointed for a | 9 | | term of 4 years and 3 members shall each be appointed for a | 10 | | term of 2 years. Upon the expiration of each member's term, a | 11 | | successor shall be appointed for a term of 4 years. In the case | 12 | | of a vacancy in the office of any member, the Governor shall | 13 | | appoint a successor for the remainder of the unexpired term. | 14 | | Members appointed by the Governor shall be qualified by | 15 | | professional knowledge or experience in the area of law, | 16 | | investigatory techniques, or in the area of care of the | 17 | | mentally ill or care of persons with developmental | 18 | | disabilities. Two members appointed by the Governor shall be | 19 | | persons with a disability or a parent of a person with a | 20 | | disability. Members shall serve without compensation, but | 21 | | shall be reimbursed for expenses incurred in connection with | 22 | | the performance of their duties as members. | 23 | | The Board shall meet quarterly, and may hold other meetings | 24 | | on the call of the chairman. Four members shall constitute a | 25 | | quorum allowing the Board to conduct its business. The Board | 26 | | may adopt rules and regulations it deems necessary to govern |
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| 1 | | its own procedures. | 2 | | The Board shall monitor and oversee the operations, | 3 | | policies, and procedures of the Inspector General to ensure the | 4 | | prompt and thorough investigation of allegations of neglect and | 5 | | abuse. In fulfilling these responsibilities, the Board may do | 6 | | the following: | 7 | | (1) Provide independent, expert consultation to the | 8 | | Inspector General on policies and protocols for | 9 | | investigations of alleged abuse, neglect, or both abuse and | 10 | | neglect. | 11 | | (2) Review existing regulations relating to the | 12 | | operation of facilities. | 13 | | (3) Advise the Inspector General as to the content of | 14 | | training activities authorized under this Section. | 15 | | (4) Recommend policies concerning methods for | 16 | | improving the intergovernmental relationships between the | 17 | | Office of the Inspector General and other State or federal | 18 | | offices. | 19 | | (v) Annual report. The Inspector General shall provide to | 20 | | the General Assembly and the Governor, no later than January 1 | 21 | | of each year, a summary of reports and investigations made | 22 | | under this Act for the prior fiscal year with respect to | 23 | | individuals receiving mental health or developmental | 24 | | disabilities services. The report shall detail the imposition | 25 | | of sanctions, if any, and the final disposition of any | 26 | | corrective or administrative action directed by the Secretary. |
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| 1 | | The summaries shall not contain any confidential or identifying | 2 | | information of any individual, but shall include objective data | 3 | | identifying any trends in the number of reported allegations, | 4 | | the timeliness of the Office of the Inspector General's | 5 | | investigations, and their disposition, for each facility and | 6 | | Department-wide, for the most recent 3-year time period. The | 7 | | report shall also identify, by facility, the staff-to-patient | 8 | | ratios taking account of direct care staff only. The report | 9 | | shall also include detailed recommended administrative actions | 10 | | and matters for consideration by the General Assembly. | 11 | | (w) Program audit. The Auditor General shall conduct a | 12 | | program audit of the Office of the Inspector General on an | 13 | | as-needed basis, as determined by the Auditor General. The | 14 | | audit shall specifically include the Inspector General's | 15 | | compliance with the Act and effectiveness in investigating | 16 | | reports of allegations occurring in any facility or agency. The | 17 | | Auditor General shall conduct the program audit according to | 18 | | the provisions of the Illinois State Auditing Act and shall | 19 | | report its findings to the General Assembly no later than | 20 | | January 1 following the audit period.
| 21 | | (x) Nothing in this Section shall be construed to mean that | 22 | | an individual is a victim of abuse or neglect because of health | 23 | | care services appropriately provided or not provided by health | 24 | | care professionals. | 25 | | (y) Nothing in this Section shall require a facility, | 26 | | including its employees, agents, medical staff members, and |
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| 1 | | health care professionals, to provide a service to an | 2 | | individual in contravention of that individual's stated or | 3 | | implied objection to the provision of that service on the | 4 | | ground that that service conflicts with the individual's | 5 | | religious beliefs or practices, nor shall the failure to | 6 | | provide a service to an individual be considered abuse under | 7 | | this Section if the individual has objected to the provision of | 8 | | that service based on his or her religious beliefs or | 9 | | practices.
| 10 | | (Source: P.A. 99-143, eff. 7-27-15; 99-323, eff. 8-7-15; | 11 | | 99-642, eff. 7-28-16; 100-313, eff. 8-24-17; 100-432, eff. | 12 | | 8-25-17; revised 9-27-17.)
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.".
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