HB3918 EngrossedLRB102 13815 KTG 19165 b

1    AN ACT concerning aging.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Adult Protective Services Act is amended by
5changing Section 2 as follows:
6    (320 ILCS 20/2)  (from Ch. 23, par. 6602)
7    Sec. 2. Definitions. As used in this Act, unless the
8context requires otherwise:
9    (a) "Abuse" means causing any physical, mental or sexual
10injury to an eligible adult, including exploitation of such
11adult's financial resources.
12    Nothing in this Act shall be construed to mean that an
13eligible adult is a victim of abuse, neglect, or self-neglect
14for the sole reason that he or she is being furnished with or
15relies upon treatment by spiritual means through prayer alone,
16in accordance with the tenets and practices of a recognized
17church or religious denomination.
18    Nothing in this Act shall be construed to mean that an
19eligible adult is a victim of abuse because of health care
20services provided or not provided by licensed health care
22    (a-5) "Abuser" means a person who abuses, neglects, or
23financially exploits an eligible adult.



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1    (a-6) "Adult with disabilities" means a person aged 18
2through 59 who resides in a domestic living situation and
3whose disability as defined in subsection (c-5) impairs his or
4her ability to seek or obtain protection from abuse, neglect,
5or exploitation.
6    (a-7) "Caregiver" means a person who either as a result of
7a family relationship, voluntarily, or in exchange for
8compensation has assumed responsibility for all or a portion
9of the care of an eligible adult who needs assistance with
10activities of daily living or instrumental activities of daily
12    (b) "Department" means the Department on Aging of the
13State of Illinois.
14    (c) "Director" means the Director of the Department.
15    (c-5) "Disability" means a physical or mental disability,
16including, but not limited to, a developmental disability, an
17intellectual disability, a mental illness as defined under the
18Mental Health and Developmental Disabilities Code, or dementia
19as defined under the Alzheimer's Disease Assistance Act.
20    (d) "Domestic living situation" means a residence where
21the eligible adult at the time of the report lives alone or
22with his or her family or a caregiver, or others, or other
23community-based unlicensed facility, but is not:
24        (1) A licensed facility as defined in Section 1-113 of
25    the Nursing Home Care Act;
26        (1.5) A facility licensed under the ID/DD Community



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1    Care Act;
2        (1.6) A facility licensed under the MC/DD Act;
3        (1.7) A facility licensed under the Specialized Mental
4    Health Rehabilitation Act of 2013;
5        (2) A "life care facility" as defined in the Life Care
6    Facilities Act;
7        (3) A home, institution, or other place operated by
8    the federal government or agency thereof or by the State
9    of Illinois;
10        (4) A hospital, sanitarium, or other institution, the
11    principal activity or business of which is the diagnosis,
12    care, and treatment of human illness through the
13    maintenance and operation of organized facilities
14    therefor, which is required to be licensed under the
15    Hospital Licensing Act;
16        (5) A "community living facility" as defined in the
17    Community Living Facilities Licensing Act;
18        (6) (Blank);
19        (7) A "community-integrated living arrangement" as
20    defined in the Community-Integrated Living Arrangements
21    Licensure and Certification Act or a "community
22    residential alternative" as licensed under that Act;
23        (8) An assisted living or shared housing establishment
24    as defined in the Assisted Living and Shared Housing Act;
25    or
26        (9) A supportive living facility as described in



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1    Section 5-5.01a of the Illinois Public Aid Code.
2    (e) "Eligible adult" means either an adult with
3disabilities aged 18 through 59 or a person aged 60 or older
4who resides in a domestic living situation and is, or is
5alleged to be, abused, neglected, or financially exploited by
6another individual or who neglects himself or herself.
7"Eligible adult" also includes an adult who resides in any of
8the facilities that are excluded from the definition of
9"domestic living situation" under paragraphs (1) through (9)
10of subsection (d), if either: (i) the alleged abuse or neglect
11occurs outside of the facility and not under facility
12supervision and the alleged abuser is a family member,
13caregiver, or another person who has a continuing relationship
14with the adult; or (ii) the alleged financial exploitation is
15perpetrated by a family member, caregiver, or another person
16who has a continuing relationship with the adult, but who is
17not an employee of the facility where the adult resides.
18    (f) "Emergency" means a situation in which an eligible
19adult is living in conditions presenting a risk of death or
20physical, mental or sexual injury and the provider agency has
21reason to believe the eligible adult is unable to consent to
22services which would alleviate that risk.
23    (f-1) "Financial exploitation" means the use of an
24eligible adult's resources by another to the disadvantage of
25that adult or the profit or advantage of a person other than
26that adult.



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1    (f-3) "Insurance adjuster" means any company adjuster,
2independent adjuster, or public adjuster as defined in
3paragraph (1) of subsection (f) of Section 1575 of the
4Illinois Insurance Code.
5    (f-5) "Mandated reporter" means any of the following
6persons while engaged in carrying out their professional
8        (1) a professional or professional's delegate while
9    engaged in: (i) social services, (ii) law enforcement,
10    (iii) education, (iv) the care of an eligible adult or
11    eligible adults, or (v) any of the occupations required to
12    be licensed under the Clinical Psychologist Licensing Act,
13    the Clinical Social Work and Social Work Practice Act, the
14    Illinois Dental Practice Act, the Dietitian Nutritionist
15    Practice Act, the Marriage and Family Therapy Licensing
16    Act, the Medical Practice Act of 1987, the Naprapathic
17    Practice Act, the Nurse Practice Act, the Nursing Home
18    Administrators Licensing and Disciplinary Act, the
19    Illinois Occupational Therapy Practice Act, the Illinois
20    Optometric Practice Act of 1987, the Pharmacy Practice
21    Act, the Illinois Physical Therapy Act, the Physician
22    Assistant Practice Act of 1987, the Podiatric Medical
23    Practice Act of 1987, the Respiratory Care Practice Act,
24    the Professional Counselor and Clinical Professional
25    Counselor Licensing and Practice Act, the Illinois
26    Speech-Language Pathology and Audiology Practice Act, the



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1    Veterinary Medicine and Surgery Practice Act of 2004, and
2    the Illinois Public Accounting Act;
3        (1.5) an employee of an entity providing developmental
4    disabilities services or service coordination funded by
5    the Department of Human Services;
6        (2) an employee of a vocational rehabilitation
7    facility prescribed or supervised by the Department of
8    Human Services;
9        (3) an administrator, employee, or person providing
10    services in or through an unlicensed community based
11    facility;
12        (4) any religious practitioner who provides treatment
13    by prayer or spiritual means alone in accordance with the
14    tenets and practices of a recognized church or religious
15    denomination, except as to information received in any
16    confession or sacred communication enjoined by the
17    discipline of the religious denomination to be held
18    confidential;
19        (5) field personnel of the Department of Healthcare
20    and Family Services, Department of Public Health, and
21    Department of Human Services, and any county or municipal
22    health department;
23        (6) personnel of the Department of Human Services, the
24    Guardianship and Advocacy Commission, the State Fire
25    Marshal, local fire departments, the Department on Aging
26    and its subsidiary Area Agencies on Aging and provider



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1    agencies, excluding the State Long Term Care Ombudsman and
2    all representatives of the State Long Term Care Ombudsman
3    Program; and the Office of State Long Term Care Ombudsman;
4        (7) any employee of the State of Illinois not
5    otherwise specified herein who is involved in providing
6    services to eligible adults, including professionals
7    providing medical or rehabilitation services and all other
8    persons having direct contact with eligible adults;
9        (8) a person who performs the duties of a coroner or
10    medical examiner; or
11        (9) a person who performs the duties of a paramedic or
12    an emergency medical technician; .
13        (10) a person who performs the duties of an investment
14    advisor; or
15        (11) a person who performs the duties of an insurance
16    adjuster.
17    (g) "Neglect" means another individual's failure to
18provide an eligible adult with or willful withholding from an
19eligible adult the necessities of life including, but not
20limited to, food, clothing, shelter or health care. This
21subsection does not create any new affirmative duty to provide
22support to eligible adults. Nothing in this Act shall be
23construed to mean that an eligible adult is a victim of neglect
24because of health care services provided or not provided by
25licensed health care professionals.
26    (h) "Provider agency" means any public or nonprofit agency



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1in a planning and service area that is selected by the
2Department or appointed by the regional administrative agency
3with prior approval by the Department on Aging to receive and
4assess reports of alleged or suspected abuse, neglect, or
5financial exploitation. A provider agency is also referenced
6as a "designated agency" in this Act.
7    (i) "Regional administrative agency" means any public or
8nonprofit agency in a planning and service area that provides
9regional oversight and performs functions as set forth in
10subsection (b) of Section 3 of this Act. The Department shall
11designate an Area Agency on Aging as the regional
12administrative agency or, in the event the Area Agency on
13Aging in that planning and service area is deemed by the
14Department to be unwilling or unable to provide those
15functions, the Department may serve as the regional
16administrative agency or designate another qualified entity to
17serve as the regional administrative agency; any such
18designation shall be subject to terms set forth by the
20    (i-5) "Self-neglect" means a condition that is the result
21of an eligible adult's inability, due to physical or mental
22impairments, or both, or a diminished capacity, to perform
23essential self-care tasks that substantially threaten his or
24her own health, including: providing essential food, clothing,
25shelter, and health care; and obtaining goods and services
26necessary to maintain physical health, mental health,



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1emotional well-being, and general safety. The term includes
2compulsive hoarding, which is characterized by the acquisition
3and retention of large quantities of items and materials that
4produce an extensively cluttered living space, which
5significantly impairs the performance of essential self-care
6tasks or otherwise substantially threatens life or safety.
7    (j) "Substantiated case" means a reported case of alleged
8or suspected abuse, neglect, financial exploitation, or
9self-neglect in which a provider agency, after assessment,
10determines that there is reason to believe abuse, neglect, or
11financial exploitation has occurred.
12    (k) "Verified" means a determination that there is "clear
13and convincing evidence" that the specific injury or harm
14alleged was the result of abuse, neglect, or financial
16(Source: P.A. 99-180, eff. 7-29-15; 100-641, eff. 1-1-19.)
17    Section 99. Effective date. This Act takes effect upon
18becoming law.