State of Illinois
2021 and 2022


Introduced 1/31/2022, by Rep. William Davis


See Index

    Amends the Illinois Act on the Aging. Removes a provision concerning a bi-monthly report on the progress of the Community Care Program. Amends the Illinois Coal and Energy Development Bond Act. Repeals specified provisions concerning bonds and investments. Amends the Department of Human Services Act. Removes provisions concerning the reporting of allegations of adult students with disabilities. Amends the State Finance Act. Repeals provisions concerning cash flow borrowing and general funds liquidity. Amends the Illinois Procurement Code. Removes a provision requiring the Department of Central Management Services to report on specified State agency reports. Amends the Community Services Act. Removes provisions concerning the creation and duties of a commission related to the financing for community services. Amends the Unified Code of Corrections. Repeals provisions concerning specified annual reports and a residential and transition treatment program for women. Amends the Workers' Compensation Act. Provides requirements concerning the selection of certified independent arbitrators for claims by former and current employees of the Illinois Workers' Compensation Commission. Repeals provision creating a Commission Review Board. Makes conforming and other changes. Effective immediately.

LRB102 24774 RJF 34017 b





HB5186LRB102 24774 RJF 34017 b

1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Act on the Aging is amended by
5changing Section 4.02 as follows:
6    (20 ILCS 105/4.02)  (from Ch. 23, par. 6104.02)
7    Sec. 4.02. Community Care Program. The Department shall
8establish a program of services to prevent unnecessary
9institutionalization of persons age 60 and older in need of
10long term care or who are established as persons who suffer
11from Alzheimer's disease or a related disorder under the
12Alzheimer's Disease Assistance Act, thereby enabling them to
13remain in their own homes or in other living arrangements.
14Such preventive services, which may be coordinated with other
15programs for the aged and monitored by area agencies on aging
16in cooperation with the Department, may include, but are not
17limited to, any or all of the following:
18        (a) (blank);
19        (b) (blank);
20        (c) home care aide services;
21        (d) personal assistant services;
22        (e) adult day services;
23        (f) home-delivered meals;



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1        (g) education in self-care;
2        (h) personal care services;
3        (i) adult day health services;
4        (j) habilitation services;
5        (k) respite care;
6        (k-5) community reintegration services;
7        (k-6) flexible senior services;
8        (k-7) medication management;
9        (k-8) emergency home response;
10        (l) other nonmedical social services that may enable
11    the person to become self-supporting; or
12        (m) clearinghouse for information provided by senior
13    citizen home owners who want to rent rooms to or share
14    living space with other senior citizens.
15    The Department shall establish eligibility standards for
16such services. In determining the amount and nature of
17services for which a person may qualify, consideration shall
18not be given to the value of cash, property or other assets
19held in the name of the person's spouse pursuant to a written
20agreement dividing marital property into equal but separate
21shares or pursuant to a transfer of the person's interest in a
22home to his spouse, provided that the spouse's share of the
23marital property is not made available to the person seeking
24such services.
25    Beginning January 1, 2008, the Department shall require as
26a condition of eligibility that all new financially eligible



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1applicants apply for and enroll in medical assistance under
2Article V of the Illinois Public Aid Code in accordance with
3rules promulgated by the Department.
4    The Department shall, in conjunction with the Department
5of Public Aid (now Department of Healthcare and Family
6Services), seek appropriate amendments under Sections 1915 and
71924 of the Social Security Act. The purpose of the amendments
8shall be to extend eligibility for home and community based
9services under Sections 1915 and 1924 of the Social Security
10Act to persons who transfer to or for the benefit of a spouse
11those amounts of income and resources allowed under Section
121924 of the Social Security Act. Subject to the approval of
13such amendments, the Department shall extend the provisions of
14Section 5-4 of the Illinois Public Aid Code to persons who, but
15for the provision of home or community-based services, would
16require the level of care provided in an institution, as is
17provided for in federal law. Those persons no longer found to
18be eligible for receiving noninstitutional services due to
19changes in the eligibility criteria shall be given 45 days
20notice prior to actual termination. Those persons receiving
21notice of termination may contact the Department and request
22the determination be appealed at any time during the 45 day
23notice period. The target population identified for the
24purposes of this Section are persons age 60 and older with an
25identified service need. Priority shall be given to those who
26are at imminent risk of institutionalization. The services



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1shall be provided to eligible persons age 60 and older to the
2extent that the cost of the services together with the other
3personal maintenance expenses of the persons are reasonably
4related to the standards established for care in a group
5facility appropriate to the person's condition. These
6non-institutional services, pilot projects or experimental
7facilities may be provided as part of or in addition to those
8authorized by federal law or those funded and administered by
9the Department of Human Services. The Departments of Human
10Services, Healthcare and Family Services, Public Health,
11Veterans' Affairs, and Commerce and Economic Opportunity and
12other appropriate agencies of State, federal and local
13governments shall cooperate with the Department on Aging in
14the establishment and development of the non-institutional
15services. The Department shall require an annual audit from
16all personal assistant and home care aide vendors contracting
17with the Department under this Section. The annual audit shall
18assure that each audited vendor's procedures are in compliance
19with Department's financial reporting guidelines requiring an
20administrative and employee wage and benefits cost split as
21defined in administrative rules. The audit is a public record
22under the Freedom of Information Act. The Department shall
23execute, relative to the nursing home prescreening project,
24written inter-agency agreements with the Department of Human
25Services and the Department of Healthcare and Family Services,
26to effect the following: (1) intake procedures and common



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1eligibility criteria for those persons who are receiving
2non-institutional services; and (2) the establishment and
3development of non-institutional services in areas of the
4State where they are not currently available or are
5undeveloped. On and after July 1, 1996, all nursing home
6prescreenings for individuals 60 years of age or older shall
7be conducted by the Department.
8    As part of the Department on Aging's routine training of
9case managers and case manager supervisors, the Department may
10include information on family futures planning for persons who
11are age 60 or older and who are caregivers of their adult
12children with developmental disabilities. The content of the
13training shall be at the Department's discretion.
14    The Department is authorized to establish a system of
15recipient copayment for services provided under this Section,
16such copayment to be based upon the recipient's ability to pay
17but in no case to exceed the actual cost of the services
18provided. Additionally, any portion of a person's income which
19is equal to or less than the federal poverty standard shall not
20be considered by the Department in determining the copayment.
21The level of such copayment shall be adjusted whenever
22necessary to reflect any change in the officially designated
23federal poverty standard.
24    The Department, or the Department's authorized
25representative, may recover the amount of moneys expended for
26services provided to or in behalf of a person under this



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1Section by a claim against the person's estate or against the
2estate of the person's surviving spouse, but no recovery may
3be had until after the death of the surviving spouse, if any,
4and then only at such time when there is no surviving child who
5is under age 21 or blind or who has a permanent and total
6disability. This paragraph, however, shall not bar recovery,
7at the death of the person, of moneys for services provided to
8the person or in behalf of the person under this Section to
9which the person was not entitled; provided that such recovery
10shall not be enforced against any real estate while it is
11occupied as a homestead by the surviving spouse or other
12dependent, if no claims by other creditors have been filed
13against the estate, or, if such claims have been filed, they
14remain dormant for failure of prosecution or failure of the
15claimant to compel administration of the estate for the
16purpose of payment. This paragraph shall not bar recovery from
17the estate of a spouse, under Sections 1915 and 1924 of the
18Social Security Act and Section 5-4 of the Illinois Public Aid
19Code, who precedes a person receiving services under this
20Section in death. All moneys for services paid to or in behalf
21of the person under this Section shall be claimed for recovery
22from the deceased spouse's estate. "Homestead", as used in
23this paragraph, means the dwelling house and contiguous real
24estate occupied by a surviving spouse or relative, as defined
25by the rules and regulations of the Department of Healthcare
26and Family Services, regardless of the value of the property.



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1    The Department shall increase the effectiveness of the
2existing Community Care Program by:
3        (1) ensuring that in-home services included in the
4    care plan are available on evenings and weekends;
5        (2) ensuring that care plans contain the services that
6    eligible participants need based on the number of days in
7    a month, not limited to specific blocks of time, as
8    identified by the comprehensive assessment tool selected
9    by the Department for use statewide, not to exceed the
10    total monthly service cost maximum allowed for each
11    service; the Department shall develop administrative rules
12    to implement this item (2);
13        (3) ensuring that the participants have the right to
14    choose the services contained in their care plan and to
15    direct how those services are provided, based on
16    administrative rules established by the Department;
17        (4) ensuring that the determination of need tool is
18    accurate in determining the participants' level of need;
19    to achieve this, the Department, in conjunction with the
20    Older Adult Services Advisory Committee, shall institute a
21    study of the relationship between the Determination of
22    Need scores, level of need, service cost maximums, and the
23    development and utilization of service plans no later than
24    May 1, 2008; findings and recommendations shall be
25    presented to the Governor and the General Assembly no
26    later than January 1, 2009; recommendations shall include



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1    all needed changes to the service cost maximums schedule
2    and additional covered services;
3        (5) ensuring that homemakers can provide personal care
4    services that may or may not involve contact with clients,
5    including but not limited to:
6            (A) bathing;
7            (B) grooming;
8            (C) toileting;
9            (D) nail care;
10            (E) transferring;
11            (F) respiratory services;
12            (G) exercise; or
13            (H) positioning;
14        (6) ensuring that homemaker program vendors are not
15    restricted from hiring homemakers who are family members
16    of clients or recommended by clients; the Department may
17    not, by rule or policy, require homemakers who are family
18    members of clients or recommended by clients to accept
19    assignments in homes other than the client;
20        (7) ensuring that the State may access maximum federal
21    matching funds by seeking approval for the Centers for
22    Medicare and Medicaid Services for modifications to the
23    State's home and community based services waiver and
24    additional waiver opportunities, including applying for
25    enrollment in the Balance Incentive Payment Program by May
26    1, 2013, in order to maximize federal matching funds; this



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1    shall include, but not be limited to, modification that
2    reflects all changes in the Community Care Program
3    services and all increases in the services cost maximum;
4        (8) ensuring that the determination of need tool
5    accurately reflects the service needs of individuals with
6    Alzheimer's disease and related dementia disorders;
7        (9) ensuring that services are authorized accurately
8    and consistently for the Community Care Program (CCP); the
9    Department shall implement a Service Authorization policy
10    directive; the purpose shall be to ensure that eligibility
11    and services are authorized accurately and consistently in
12    the CCP program; the policy directive shall clarify
13    service authorization guidelines to Care Coordination
14    Units and Community Care Program providers no later than
15    May 1, 2013;
16        (10) working in conjunction with Care Coordination
17    Units, the Department of Healthcare and Family Services,
18    the Department of Human Services, Community Care Program
19    providers, and other stakeholders to make improvements to
20    the Medicaid claiming processes and the Medicaid
21    enrollment procedures or requirements as needed,
22    including, but not limited to, specific policy changes or
23    rules to improve the up-front enrollment of participants
24    in the Medicaid program and specific policy changes or
25    rules to insure more prompt submission of bills to the
26    federal government to secure maximum federal matching



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1    dollars as promptly as possible; the Department on Aging
2    shall have at least 3 meetings with stakeholders by
3    January 1, 2014 in order to address these improvements;
4        (11) requiring home care service providers to comply
5    with the rounding of hours worked provisions under the
6    federal Fair Labor Standards Act (FLSA) and as set forth
7    in 29 CFR 785.48(b) by May 1, 2013;
8        (12) implementing any necessary policy changes or
9    promulgating any rules, no later than January 1, 2014, to
10    assist the Department of Healthcare and Family Services in
11    moving as many participants as possible, consistent with
12    federal regulations, into coordinated care plans if a care
13    coordination plan that covers long term care is available
14    in the recipient's area; and
15        (13) maintaining fiscal year 2014 rates at the same
16    level established on January 1, 2013.
17    By January 1, 2009 or as soon after the end of the Cash and
18Counseling Demonstration Project as is practicable, the
19Department may, based on its evaluation of the demonstration
20project, promulgate rules concerning personal assistant
21services, to include, but need not be limited to,
22qualifications, employment screening, rights under fair labor
23standards, training, fiduciary agent, and supervision
24requirements. All applicants shall be subject to the
25provisions of the Health Care Worker Background Check Act.
26    The Department shall develop procedures to enhance



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1availability of services on evenings, weekends, and on an
2emergency basis to meet the respite needs of caregivers.
3Procedures shall be developed to permit the utilization of
4services in successive blocks of 24 hours up to the monthly
5maximum established by the Department. Workers providing these
6services shall be appropriately trained.
7    Beginning on the effective date of this amendatory Act of
81991, no person may perform chore/housekeeping and home care
9aide services under a program authorized by this Section
10unless that person has been issued a certificate of
11pre-service to do so by his or her employing agency.
12Information gathered to effect such certification shall
13include (i) the person's name, (ii) the date the person was
14hired by his or her current employer, and (iii) the training,
15including dates and levels. Persons engaged in the program
16authorized by this Section before the effective date of this
17amendatory Act of 1991 shall be issued a certificate of all
18pre- and in-service training from his or her employer upon
19submitting the necessary information. The employing agency
20shall be required to retain records of all staff pre- and
21in-service training, and shall provide such records to the
22Department upon request and upon termination of the employer's
23contract with the Department. In addition, the employing
24agency is responsible for the issuance of certifications of
25in-service training completed to their employees.
26    The Department is required to develop a system to ensure



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1that persons working as home care aides and personal
2assistants receive increases in their wages when the federal
3minimum wage is increased by requiring vendors to certify that
4they are meeting the federal minimum wage statute for home
5care aides and personal assistants. An employer that cannot
6ensure that the minimum wage increase is being given to home
7care aides and personal assistants shall be denied any
8increase in reimbursement costs.
9    The Community Care Program Advisory Committee is created
10in the Department on Aging. The Director shall appoint
11individuals to serve in the Committee, who shall serve at
12their own expense. Members of the Committee must abide by all
13applicable ethics laws. The Committee shall advise the
14Department on issues related to the Department's program of
15services to prevent unnecessary institutionalization. The
16Committee shall meet on a bi-monthly basis and shall serve to
17identify and advise the Department on present and potential
18issues affecting the service delivery network, the program's
19clients, and the Department and to recommend solution
20strategies. Persons appointed to the Committee shall be
21appointed on, but not limited to, their own and their agency's
22experience with the program, geographic representation, and
23willingness to serve. The Director shall appoint members to
24the Committee to represent provider, advocacy, policy
25research, and other constituencies committed to the delivery
26of high quality home and community-based services to older



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1adults. Representatives shall be appointed to ensure
2representation from community care providers including, but
3not limited to, adult day service providers, homemaker
4providers, case coordination and case management units,
5emergency home response providers, statewide trade or labor
6unions that represent home care aides and direct care staff,
7area agencies on aging, adults over age 60, membership
8organizations representing older adults, and other
9organizational entities, providers of care, or individuals
10with demonstrated interest and expertise in the field of home
11and community care as determined by the Director.
12    Nominations may be presented from any agency or State
13association with interest in the program. The Director, or his
14or her designee, shall serve as the permanent co-chair of the
15advisory committee. One other co-chair shall be nominated and
16approved by the members of the committee on an annual basis.
17Committee members' terms of appointment shall be for 4 years
18with one-quarter of the appointees' terms expiring each year.
19A member shall continue to serve until his or her replacement
20is named. The Department shall fill vacancies that have a
21remaining term of over one year, and this replacement shall
22occur through the annual replacement of expiring terms. The
23Director shall designate Department staff to provide technical
24assistance and staff support to the committee. Department
25representation shall not constitute membership of the
26committee. All Committee papers, issues, recommendations,



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1reports, and meeting memoranda are advisory only. The
2Director, or his or her designee, shall make a written report,
3as requested by the Committee, regarding issues before the
5    The Department on Aging and the Department of Human
6Services shall cooperate in the development and submission of
7an annual report on programs and services provided under this
8Section. Such joint report shall be filed with the Governor
9and the General Assembly on or before September 30 each year.
10    The requirement for reporting to the General Assembly
11shall be satisfied by filing copies of the report as required
12by Section 3.1 of the General Assembly Organization Act and
13filing such additional copies with the State Government Report
14Distribution Center for the General Assembly as is required
15under paragraph (t) of Section 7 of the State Library Act.
16    Those persons previously found eligible for receiving
17non-institutional services whose services were discontinued
18under the Emergency Budget Act of Fiscal Year 1992, and who do
19not meet the eligibility standards in effect on or after July
201, 1992, shall remain ineligible on and after July 1, 1992.
21Those persons previously not required to cost-share and who
22were required to cost-share effective March 1, 1992, shall
23continue to meet cost-share requirements on and after July 1,
241992. Beginning July 1, 1992, all clients will be required to
25meet eligibility, cost-share, and other requirements and will
26have services discontinued or altered when they fail to meet



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1these requirements.
2    For the purposes of this Section, "flexible senior
3services" refers to services that require one-time or periodic
4expenditures including, but not limited to, respite care, home
5modification, assistive technology, housing assistance, and
7    The Department shall implement an electronic service
8verification based on global positioning systems or other
9cost-effective technology for the Community Care Program no
10later than January 1, 2014.
11    The Department shall require, as a condition of
12eligibility, enrollment in the medical assistance program
13under Article V of the Illinois Public Aid Code (i) beginning
14August 1, 2013, if the Auditor General has reported that the
15Department has failed to comply with the reporting
16requirements of Section 2-27 of the Illinois State Auditing
17Act; or (ii) beginning June 1, 2014, if the Auditor General has
18reported that the Department has not undertaken the required
19actions listed in the report required by subsection (a) of
20Section 2-27 of the Illinois State Auditing Act.
21    The Department shall delay Community Care Program services
22until an applicant is determined eligible for medical
23assistance under Article V of the Illinois Public Aid Code (i)
24beginning August 1, 2013, if the Auditor General has reported
25that the Department has failed to comply with the reporting
26requirements of Section 2-27 of the Illinois State Auditing



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1Act; or (ii) beginning June 1, 2014, if the Auditor General has
2reported that the Department has not undertaken the required
3actions listed in the report required by subsection (a) of
4Section 2-27 of the Illinois State Auditing Act.
5    The Department shall implement co-payments for the
6Community Care Program at the federally allowable maximum
7level (i) beginning August 1, 2013, if the Auditor General has
8reported that the Department has failed to comply with the
9reporting requirements of Section 2-27 of the Illinois State
10Auditing Act; or (ii) beginning June 1, 2014, if the Auditor
11General has reported that the Department has not undertaken
12the required actions listed in the report required by
13subsection (a) of Section 2-27 of the Illinois State Auditing
15    The Department shall provide a bi-monthly report on the
16progress of the Community Care Program reforms set forth in
17this amendatory Act of the 98th General Assembly to the
18Governor, the Speaker of the House of Representatives, the
19Minority Leader of the House of Representatives, the President
20of the Senate, and the Minority Leader of the Senate.
21    The Department shall conduct a quarterly review of Care
22Coordination Unit performance and adherence to service
23guidelines. The quarterly review shall be reported to the
24Speaker of the House of Representatives, the Minority Leader
25of the House of Representatives, the President of the Senate,
26and the Minority Leader of the Senate. The Department shall



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1collect and report longitudinal data on the performance of
2each care coordination unit. Nothing in this paragraph shall
3be construed to require the Department to identify specific
4care coordination units.
5    In regard to community care providers, failure to comply
6with Department on Aging policies shall be cause for
7disciplinary action, including, but not limited to,
8disqualification from serving Community Care Program clients.
9Each provider, upon submission of any bill or invoice to the
10Department for payment for services rendered, shall include a
11notarized statement, under penalty of perjury pursuant to
12Section 1-109 of the Code of Civil Procedure, that the
13provider has complied with all Department policies.
14    The Director of the Department on Aging shall make
15information available to the State Board of Elections as may
16be required by an agreement the State Board of Elections has
17entered into with a multi-state voter registration list
18maintenance system.
19    Within 30 days after July 6, 2017 (the effective date of
20Public Act 100-23), rates shall be increased to $18.29 per
21hour, for the purpose of increasing, by at least $.72 per hour,
22the wages paid by those vendors to their employees who provide
23homemaker services. The Department shall pay an enhanced rate
24under the Community Care Program to those in-home service
25provider agencies that offer health insurance coverage as a
26benefit to their direct service worker employees consistent



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1with the mandates of Public Act 95-713. For State fiscal years
22018 and 2019, the enhanced rate shall be $1.77 per hour. The
3rate shall be adjusted using actuarial analysis based on the
4cost of care, but shall not be set below $1.77 per hour. The
5Department shall adopt rules, including emergency rules under
6subsections (y) and (bb) of Section 5-45 of the Illinois
7Administrative Procedure Act, to implement the provisions of
8this paragraph.
9    The General Assembly finds it necessary to authorize an
10aggressive Medicaid enrollment initiative designed to maximize
11federal Medicaid funding for the Community Care Program which
12produces significant savings for the State of Illinois. The
13Department on Aging shall establish and implement a Community
14Care Program Medicaid Initiative. Under the Initiative, the
15Department on Aging shall, at a minimum: (i) provide an
16enhanced rate to adequately compensate care coordination units
17to enroll eligible Community Care Program clients into
18Medicaid; (ii) use recommendations from a stakeholder
19committee on how best to implement the Initiative; and (iii)
20establish requirements for State agencies to make enrollment
21in the State's Medical Assistance program easier for seniors.
22    The Community Care Program Medicaid Enrollment Oversight
23Subcommittee is created as a subcommittee of the Older Adult
24Services Advisory Committee established in Section 35 of the
25Older Adult Services Act to make recommendations on how best
26to increase the number of medical assistance recipients who



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1are enrolled in the Community Care Program. The Subcommittee
2shall consist of all of the following persons who must be
3appointed within 30 days after the effective date of this
4amendatory Act of the 100th General Assembly:
5        (1) The Director of Aging, or his or her designee, who
6    shall serve as the chairperson of the Subcommittee.
7        (2) One representative of the Department of Healthcare
8    and Family Services, appointed by the Director of
9    Healthcare and Family Services.
10        (3) One representative of the Department of Human
11    Services, appointed by the Secretary of Human Services.
12        (4) One individual representing a care coordination
13    unit, appointed by the Director of Aging.
14        (5) One individual from a non-governmental statewide
15    organization that advocates for seniors, appointed by the
16    Director of Aging.
17        (6) One individual representing Area Agencies on
18    Aging, appointed by the Director of Aging.
19        (7) One individual from a statewide association
20    dedicated to Alzheimer's care, support, and research,
21    appointed by the Director of Aging.
22        (8) One individual from an organization that employs
23    persons who provide services under the Community Care
24    Program, appointed by the Director of Aging.
25        (9) One member of a trade or labor union representing
26    persons who provide services under the Community Care



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1    Program, appointed by the Director of Aging.
2        (10) One member of the Senate, who shall serve as
3    co-chairperson, appointed by the President of the Senate.
4        (11) One member of the Senate, who shall serve as
5    co-chairperson, appointed by the Minority Leader of the
6    Senate.
7        (12) One member of the House of Representatives, who
8    shall serve as co-chairperson, appointed by the Speaker of
9    the House of Representatives.
10        (13) One member of the House of Representatives, who
11    shall serve as co-chairperson, appointed by the Minority
12    Leader of the House of Representatives.
13        (14) One individual appointed by a labor organization
14    representing frontline employees at the Department of
15    Human Services.
16    The Subcommittee shall provide oversight to the Community
17Care Program Medicaid Initiative and shall meet quarterly. At
18each Subcommittee meeting the Department on Aging shall
19provide the following data sets to the Subcommittee: (A) the
20number of Illinois residents, categorized by planning and
21service area, who are receiving services under the Community
22Care Program and are enrolled in the State's Medical
23Assistance Program; (B) the number of Illinois residents,
24categorized by planning and service area, who are receiving
25services under the Community Care Program, but are not
26enrolled in the State's Medical Assistance Program; and (C)



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1the number of Illinois residents, categorized by planning and
2service area, who are receiving services under the Community
3Care Program and are eligible for benefits under the State's
4Medical Assistance Program, but are not enrolled in the
5State's Medical Assistance Program. In addition to this data,
6the Department on Aging shall provide the Subcommittee with
7plans on how the Department on Aging will reduce the number of
8Illinois residents who are not enrolled in the State's Medical
9Assistance Program but who are eligible for medical assistance
10benefits. The Department on Aging shall enroll in the State's
11Medical Assistance Program those Illinois residents who
12receive services under the Community Care Program and are
13eligible for medical assistance benefits but are not enrolled
14in the State's Medicaid Assistance Program. The data provided
15to the Subcommittee shall be made available to the public via
16the Department on Aging's website.
17    The Department on Aging, with the involvement of the
18Subcommittee, shall collaborate with the Department of Human
19Services and the Department of Healthcare and Family Services
20on how best to achieve the responsibilities of the Community
21Care Program Medicaid Initiative.
22    The Department on Aging, the Department of Human Services,
23and the Department of Healthcare and Family Services shall
24coordinate and implement a streamlined process for seniors to
25access benefits under the State's Medical Assistance Program.
26    The Subcommittee shall collaborate with the Department of



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1Human Services on the adoption of a uniform application
2submission process. The Department of Human Services and any
3other State agency involved with processing the medical
4assistance application of any person enrolled in the Community
5Care Program shall include the appropriate care coordination
6unit in all communications related to the determination or
7status of the application.
8    The Community Care Program Medicaid Initiative shall
9provide targeted funding to care coordination units to help
10seniors complete their applications for medical assistance
11benefits. On and after July 1, 2019, care coordination units
12shall receive no less than $200 per completed application,
13which rate may be included in a bundled rate for initial intake
14services when Medicaid application assistance is provided in
15conjunction with the initial intake process for new program
17    The Community Care Program Medicaid Initiative shall cease
18operation 5 years after the effective date of this amendatory
19Act of the 100th General Assembly, after which the
20Subcommittee shall dissolve.
21(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
22100-1148, eff. 12-10-18; 101-10, eff. 6-5-19.)
23    (20 ILCS 1110/7 rep.)
24    (20 ILCS 1110/8 rep.)
25    (20 ILCS 1110/9 rep.)



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1    (20 ILCS 1110/10 rep.)
2    (20 ILCS 1110/11 rep.)
3    (20 ILCS 1110/12 rep.)
4    (20 ILCS 1110/13 rep.)
5    (20 ILCS 1110/14 rep.)
6    (20 ILCS 1110/15 rep.)
7    (20 ILCS 1110/16 rep.)
8    (20 ILCS 1110/17 rep.)
9    Section 10. The Illinois Coal and Energy Development Bond
10Act is amended by repealing Sections 7, 8, 9, 10, 11, 12, 13,
1114, 15, 16, and 17.
12    Section 15. The Department of Human Services Act is
13amended by changing Section 1-17 as follows:
14    (20 ILCS 1305/1-17)
15    Sec. 1-17. Inspector General.
16    (a) Nature and purpose. It is the express intent of the
17General Assembly to ensure the health, safety, and financial
18condition of individuals receiving services in this State due
19to mental illness, developmental disability, or both by
20protecting those persons from acts of abuse, neglect, or both
21by service providers. To that end, the Office of the Inspector
22General for the Department of Human Services is created to
23investigate and report upon allegations of the abuse, neglect,
24or financial exploitation of individuals receiving services



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1within mental health facilities, developmental disabilities
2facilities, and community agencies operated, licensed, funded,
3or certified by the Department of Human Services, but not
4licensed or certified by any other State agency.
5    (b) Definitions. The following definitions apply to this
7    "Adult student with a disability" means an adult student,
8age 18 through 21, inclusive, with an Individual Education
9Program, other than a resident of a facility licensed by the
10Department of Children and Family Services in accordance with
11the Child Care Act of 1969. For purposes of this definition,
12"through age 21, inclusive", means through the day before the
13student's 22nd birthday.
14    "Agency" or "community agency" means (i) a community
15agency licensed, funded, or certified by the Department, but
16not licensed or certified by any other human services agency
17of the State, to provide mental health service or
18developmental disabilities service, or (ii) a program
19licensed, funded, or certified by the Department, but not
20licensed or certified by any other human services agency of
21the State, to provide mental health service or developmental
22disabilities service.
23    "Aggravating circumstance" means a factor that is
24attendant to a finding and that tends to compound or increase
25the culpability of the accused.
26    "Allegation" means an assertion, complaint, suspicion, or



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1incident involving any of the following conduct by an
2employee, facility, or agency against an individual or
3individuals: mental abuse, physical abuse, sexual abuse,
4neglect, or financial exploitation.
5    "Day" means working day, unless otherwise specified.
6    "Deflection" means a situation in which an individual is
7presented for admission to a facility or agency, and the
8facility staff or agency staff do not admit the individual.
9"Deflection" includes triage, redirection, and denial of
11    "Department" means the Department of Human Services.
12    "Developmental disability" means "developmental
13disability" as defined in the Mental Health and Developmental
14Disabilities Code.
15    "Egregious neglect" means a finding of neglect as
16determined by the Inspector General that (i) represents a
17gross failure to adequately provide for, or a callused
18indifference to, the health, safety, or medical needs of an
19individual and (ii) results in an individual's death or other
20serious deterioration of an individual's physical condition or
21mental condition.
22    "Employee" means any person who provides services at the
23facility or agency on-site or off-site. The service
24relationship can be with the individual or with the facility
25or agency. Also, "employee" includes any employee or
26contractual agent of the Department of Human Services or the



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1community agency involved in providing or monitoring or
2administering mental health or developmental disability
3services. This includes but is not limited to: owners,
4operators, payroll personnel, contractors, subcontractors, and
6    "Facility" or "State-operated facility" means a mental
7health facility or developmental disabilities facility
8operated by the Department.
9    "Financial exploitation" means taking unjust advantage of
10an individual's assets, property, or financial resources
11through deception, intimidation, or conversion for the
12employee's, facility's, or agency's own advantage or benefit.
13    "Finding" means the Office of Inspector General's
14determination regarding whether an allegation is
15substantiated, unsubstantiated, or unfounded.
16    "Health Care Worker Registry" or "Registry" means the
17Health Care Worker Registry under the Health Care Worker
18Background Check Act.
19    "Individual" means any person receiving mental health
20service, developmental disabilities service, or both from a
21facility or agency, while either on-site or off-site.
22    "Mental abuse" means the use of demeaning, intimidating,
23or threatening words, signs, gestures, or other actions by an
24employee about an individual and in the presence of an
25individual or individuals that results in emotional distress
26or maladaptive behavior, or could have resulted in emotional



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1distress or maladaptive behavior, for any individual present.
2    "Mental illness" means "mental illness" as defined in the
3Mental Health and Developmental Disabilities Code.
4    "Mentally ill" means having a mental illness.
5    "Mitigating circumstance" means a condition that (i) is
6attendant to a finding, (ii) does not excuse or justify the
7conduct in question, but (iii) may be considered in evaluating
8the severity of the conduct, the culpability of the accused,
9or both the severity of the conduct and the culpability of the
11    "Neglect" means an employee's, agency's, or facility's
12failure to provide adequate medical care, personal care, or
13maintenance and that, as a consequence, (i) causes an
14individual pain, injury, or emotional distress, (ii) results
15in either an individual's maladaptive behavior or the
16deterioration of an individual's physical condition or mental
17condition, or (iii) places the individual's health or safety
18at substantial risk.
19    "Person with a developmental disability" means a person
20having a developmental disability.
21    "Physical abuse" means an employee's non-accidental and
22inappropriate contact with an individual that causes bodily
23harm. "Physical abuse" includes actions that cause bodily harm
24as a result of an employee directing an individual or person to
25physically abuse another individual.
26    "Recommendation" means an admonition, separate from a



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1finding, that requires action by the facility, agency, or
2Department to correct a systemic issue, problem, or deficiency
3identified during an investigation.
4    "Required reporter" means any employee who suspects,
5witnesses, or is informed of an allegation of any one or more
6of the following: mental abuse, physical abuse, sexual abuse,
7neglect, or financial exploitation.
8    "Secretary" means the Chief Administrative Officer of the
10    "Sexual abuse" means any sexual contact or intimate
11physical contact between an employee and an individual,
12including an employee's coercion or encouragement of an
13individual to engage in sexual behavior that results in sexual
14contact, intimate physical contact, sexual behavior, or
15intimate physical behavior. Sexual abuse also includes (i) an
16employee's actions that result in the sending or showing of
17sexually explicit images to an individual via computer,
18cellular phone, electronic mail, portable electronic device,
19or other media with or without contact with the individual or
20(ii) an employee's posting of sexually explicit images of an
21individual online or elsewhere whether or not there is contact
22with the individual.
23    "Sexually explicit images" includes, but is not limited
24to, any material which depicts nudity, sexual conduct, or
25sado-masochistic abuse, or which contains explicit and
26detailed verbal descriptions or narrative accounts of sexual



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1excitement, sexual conduct, or sado-masochistic abuse.
2    "Substantiated" means there is a preponderance of the
3evidence to support the allegation.
4    "Unfounded" means there is no credible evidence to support
5the allegation.
6    "Unsubstantiated" means there is credible evidence, but
7less than a preponderance of evidence to support the
9    (c) Appointment. The Governor shall appoint, and the
10Senate shall confirm, an Inspector General. The Inspector
11General shall be appointed for a term of 4 years and shall
12function within the Department of Human Services and report to
13the Secretary and the Governor.
14    (d) Operation and appropriation. The Inspector General
15shall function independently within the Department with
16respect to the operations of the Office, including the
17performance of investigations and issuance of findings and
18recommendations. The appropriation for the Office of Inspector
19General shall be separate from the overall appropriation for
20the Department.
21    (e) Powers and duties. The Inspector General shall
22investigate reports of suspected mental abuse, physical abuse,
23sexual abuse, neglect, or financial exploitation of
24individuals in any mental health or developmental disabilities
25facility or agency and shall have authority to take immediate
26action to prevent any one or more of the following from



HB5186- 30 -LRB102 24774 RJF 34017 b

1happening to individuals under its jurisdiction: mental abuse,
2physical abuse, sexual abuse, neglect, or financial
3exploitation. Upon written request of an agency of this State,
4the Inspector General may assist another agency of the State
5in investigating reports of the abuse, neglect, or abuse and
6neglect of persons with mental illness, persons with
7developmental disabilities, or persons with both. To comply
8with the requirements of subsection (k) of this Section, the
9Inspector General shall also review all reportable deaths for
10which there is no allegation of abuse or neglect. Nothing in
11this Section shall preempt any duties of the Medical Review
12Board set forth in the Mental Health and Developmental
13Disabilities Code. The Inspector General shall have no
14authority to investigate alleged violations of the State
15Officials and Employees Ethics Act. Allegations of misconduct
16under the State Officials and Employees Ethics Act shall be
17referred to the Office of the Governor's Executive Inspector
18General for investigation.
19    (f) Limitations. The Inspector General shall not conduct
20an investigation within an agency or facility if that
21investigation would be redundant to or interfere with an
22investigation conducted by another State agency. The Inspector
23General shall have no supervision over, or involvement in, the
24routine programmatic, licensing, funding, or certification
25operations of the Department. Nothing in this subsection
26limits investigations by the Department that may otherwise be



HB5186- 31 -LRB102 24774 RJF 34017 b

1required by law or that may be necessary in the Department's
2capacity as central administrative authority responsible for
3the operation of the State's mental health and developmental
4disabilities facilities.
5    (g) Rulemaking authority. The Inspector General shall
6promulgate rules establishing minimum requirements for
7reporting allegations as well as for initiating, conducting,
8and completing investigations based upon the nature of the
9allegation or allegations. The rules shall clearly establish
10that if 2 or more State agencies could investigate an
11allegation, the Inspector General shall not conduct an
12investigation that would be redundant to, or interfere with,
13an investigation conducted by another State agency. The rules
14shall further clarify the method and circumstances under which
15the Office of Inspector General may interact with the
16licensing, funding, or certification units of the Department
17in preventing further occurrences of mental abuse, physical
18abuse, sexual abuse, neglect, egregious neglect, and financial
20    (h) Training programs. The Inspector General shall (i)
21establish a comprehensive program to ensure that every person
22authorized to conduct investigations receives ongoing training
23relative to investigation techniques, communication skills,
24and the appropriate means of interacting with persons
25receiving treatment for mental illness, developmental
26disability, or both mental illness and developmental



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1disability, and (ii) establish and conduct periodic training
2programs for facility and agency employees concerning the
3prevention and reporting of any one or more of the following:
4mental abuse, physical abuse, sexual abuse, neglect, egregious
5neglect, or financial exploitation. The Inspector General
6shall further ensure (i) every person authorized to conduct
7investigations at community agencies receives ongoing training
8in Title 59, Parts 115, 116, and 119 of the Illinois
9Administrative Code, and (ii) every person authorized to
10conduct investigations shall receive ongoing training in Title
1159, Part 50 of the Illinois Administrative Code. Nothing in
12this Section shall be deemed to prevent the Office of
13Inspector General from conducting any other training as
14determined by the Inspector General to be necessary or
16    (i) Duty to cooperate.
17        (1) The Inspector General shall at all times be
18    granted access to any facility or agency for the purpose
19    of investigating any allegation, conducting unannounced
20    site visits, monitoring compliance with a written
21    response, or completing any other statutorily assigned
22    duty. The Inspector General shall conduct unannounced site
23    visits to each facility at least annually for the purpose
24    of reviewing and making recommendations on systemic issues
25    relative to preventing, reporting, investigating, and
26    responding to all of the following: mental abuse, physical



HB5186- 33 -LRB102 24774 RJF 34017 b

1    abuse, sexual abuse, neglect, egregious neglect, or
2    financial exploitation.
3        (2) Any employee who fails to cooperate with an Office
4    of the Inspector General investigation is in violation of
5    this Act. Failure to cooperate with an investigation
6    includes, but is not limited to, any one or more of the
7    following: (i) creating and transmitting a false report to
8    the Office of the Inspector General hotline, (ii)
9    providing false information to an Office of the Inspector
10    General Investigator during an investigation, (iii)
11    colluding with other employees to cover up evidence, (iv)
12    colluding with other employees to provide false
13    information to an Office of the Inspector General
14    investigator, (v) destroying evidence, (vi) withholding
15    evidence, or (vii) otherwise obstructing an Office of the
16    Inspector General investigation. Additionally, any
17    employee who, during an unannounced site visit or written
18    response compliance check, fails to cooperate with
19    requests from the Office of the Inspector General is in
20    violation of this Act.
21    (j) Subpoena powers. The Inspector General shall have the
22power to subpoena witnesses and compel the production of all
23documents and physical evidence relating to his or her
24investigations and any hearings authorized by this Act. This
25subpoena power shall not extend to persons or documents of a
26labor organization or its representatives insofar as the



HB5186- 34 -LRB102 24774 RJF 34017 b

1persons are acting in a representative capacity to an employee
2whose conduct is the subject of an investigation or the
3documents relate to that representation. Any person who
4otherwise fails to respond to a subpoena or who knowingly
5provides false information to the Office of the Inspector
6General by subpoena during an investigation is guilty of a
7Class A misdemeanor.
8    (k) Reporting allegations and deaths.
9        (1) Allegations. If an employee witnesses, is told of,
10    or has reason to believe an incident of mental abuse,
11    physical abuse, sexual abuse, neglect, or financial
12    exploitation has occurred, the employee, agency, or
13    facility shall report the allegation by phone to the
14    Office of the Inspector General hotline according to the
15    agency's or facility's procedures, but in no event later
16    than 4 hours after the initial discovery of the incident,
17    allegation, or suspicion of any one or more of the
18    following: mental abuse, physical abuse, sexual abuse,
19    neglect, or financial exploitation. A required reporter as
20    defined in subsection (b) of this Section who knowingly or
21    intentionally fails to comply with these reporting
22    requirements is guilty of a Class A misdemeanor.
23        (2) Deaths. Absent an allegation, a required reporter
24    shall, within 24 hours after initial discovery, report by
25    phone to the Office of the Inspector General hotline each
26    of the following:



HB5186- 35 -LRB102 24774 RJF 34017 b

1            (i) Any death of an individual occurring within 14
2        calendar days after discharge or transfer of the
3        individual from a residential program or facility.
4            (ii) Any death of an individual occurring within
5        24 hours after deflection from a residential program
6        or facility.
7            (iii) Any other death of an individual occurring
8        at an agency or facility or at any Department-funded
9        site.
10        (3) Retaliation. It is a violation of this Act for any
11    employee or administrator of an agency or facility to take
12    retaliatory action against an employee who acts in good
13    faith in conformance with his or her duties as a required
14    reporter.
15    (l) Reporting to law enforcement. (1) Reporting criminal
16acts. Within 24 hours after determining that there is credible
17evidence indicating that a criminal act may have been
18committed or that special expertise may be required in an
19investigation, the Inspector General shall notify the Illinois
20State Police or other appropriate law enforcement authority,
21or ensure that such notification is made. The Illinois State
22Police shall investigate any report from a State-operated
23facility indicating a possible murder, sexual assault, or
24other felony by an employee. All investigations conducted by
25the Inspector General shall be conducted in a manner designed
26to ensure the preservation of evidence for possible use in a



HB5186- 36 -LRB102 24774 RJF 34017 b

1criminal prosecution.
2        (2) Reporting allegations of adult students with
3    disabilities. Upon receipt of a reportable allegation
4    regarding an adult student with a disability, the
5    Department's Office of the Inspector General shall
6    determine whether the allegation meets the criteria for
7    the Domestic Abuse Program under the Abuse of Adults with
8    Disabilities Intervention Act. If the allegation is
9    reportable to that program, the Office of the Inspector
10    General shall initiate an investigation. If the allegation
11    is not reportable to the Domestic Abuse Program, the
12    Office of the Inspector General shall make an expeditious
13    referral to the respective law enforcement entity. If the
14    alleged victim is already receiving services from the
15    Department, the Office of the Inspector General shall also
16    make a referral to the respective Department of Human
17    Services' Division or Bureau.
18    (m) Investigative reports. Upon completion of an
19investigation, the Office of Inspector General shall issue an
20investigative report identifying whether the allegations are
21substantiated, unsubstantiated, or unfounded. Within 10
22business days after the transmittal of a completed
23investigative report substantiating an allegation, finding an
24allegation is unsubstantiated, or if a recommendation is made,
25the Inspector General shall provide the investigative report
26on the case to the Secretary and to the director of the



HB5186- 37 -LRB102 24774 RJF 34017 b

1facility or agency where any one or more of the following
2occurred: mental abuse, physical abuse, sexual abuse, neglect,
3egregious neglect, or financial exploitation. The director of
4the facility or agency shall be responsible for maintaining
5the confidentiality of the investigative report consistent
6with State and federal law. In a substantiated case, the
7investigative report shall include any mitigating or
8aggravating circumstances that were identified during the
9investigation. If the case involves substantiated neglect, the
10investigative report shall also state whether egregious
11neglect was found. An investigative report may also set forth
12recommendations. All investigative reports prepared by the
13Office of the Inspector General shall be considered
14confidential and shall not be released except as provided by
15the law of this State or as required under applicable federal
16law. Unsubstantiated and unfounded reports shall not be
17disclosed except as allowed under Section 6 of the Abused and
18Neglected Long Term Care Facility Residents Reporting Act. Raw
19data used to compile the investigative report shall not be
20subject to release unless required by law or a court order.
21"Raw data used to compile the investigative report" includes,
22but is not limited to, any one or more of the following: the
23initial complaint, witness statements, photographs,
24investigator's notes, police reports, or incident reports. If
25the allegations are substantiated, the victim, the victim's
26guardian, and the accused shall be provided with a redacted



HB5186- 38 -LRB102 24774 RJF 34017 b

1copy of the investigative report. Death reports where there
2was no allegation of abuse or neglect shall only be released
3pursuant to applicable State or federal law or a valid court
4order. Unredacted investigative reports, as well as raw data,
5may be shared with a local law enforcement entity, a State's
6Attorney's office, or a county coroner's office upon written
8    (n) Written responses, clarification requests, and
9reconsideration requests.
10        (1) Written responses. Within 30 calendar days from
11    receipt of a substantiated investigative report or an
12    investigative report which contains recommendations,
13    absent a reconsideration request, the facility or agency
14    shall file a written response that addresses, in a concise
15    and reasoned manner, the actions taken to: (i) protect the
16    individual; (ii) prevent recurrences; and (iii) eliminate
17    the problems identified. The response shall include the
18    implementation and completion dates of such actions. If
19    the written response is not filed within the allotted 30
20    calendar day period, the Secretary shall determine the
21    appropriate corrective action to be taken.
22        (2) Requests for clarification. The facility, agency,
23    victim or guardian, or the subject employee may request
24    that the Office of Inspector General clarify the finding
25    or findings for which clarification is sought.
26        (3) Requests for reconsideration. The facility,



HB5186- 39 -LRB102 24774 RJF 34017 b

1    agency, victim or guardian, or the subject employee may
2    request that the Office of the Inspector General
3    reconsider the finding or findings or the recommendations.
4    A request for reconsideration shall be subject to a
5    multi-layer review and shall include at least one reviewer
6    who did not participate in the investigation or approval
7    of the original investigative report. After the
8    multi-layer review process has been completed, the
9    Inspector General shall make the final determination on
10    the reconsideration request. The investigation shall be
11    reopened if the reconsideration determination finds that
12    additional information is needed to complete the
13    investigative record.
14    (o) Disclosure of the finding by the Inspector General.
15The Inspector General shall disclose the finding of an
16investigation to the following persons: (i) the Governor, (ii)
17the Secretary, (iii) the director of the facility or agency,
18(iv) the alleged victims and their guardians, (v) the
19complainant, and (vi) the accused. This information shall
20include whether the allegations were deemed substantiated,
21unsubstantiated, or unfounded.
22    (p) Secretary review. Upon review of the Inspector
23General's investigative report and any agency's or facility's
24written response, the Secretary shall accept or reject the
25written response and notify the Inspector General of that
26determination. The Secretary may further direct that other



HB5186- 40 -LRB102 24774 RJF 34017 b

1administrative action be taken, including, but not limited to,
2any one or more of the following: (i) additional site visits,
3(ii) training, (iii) provision of technical assistance
4relative to administrative needs, licensure, or certification,
5or (iv) the imposition of appropriate sanctions.
6    (q) Action by facility or agency. Within 30 days of the
7date the Secretary approves the written response or directs
8that further administrative action be taken, the facility or
9agency shall provide an implementation report to the Inspector
10General that provides the status of the action taken. The
11facility or agency shall be allowed an additional 30 days to
12send notice of completion of the action or to send an updated
13implementation report. If the action has not been completed
14within the additional 30-day period, the facility or agency
15shall send updated implementation reports every 60 days until
16completion. The Inspector General shall conduct a review of
17any implementation plan that takes more than 120 days after
18approval to complete, and shall monitor compliance through a
19random review of approved written responses, which may
20include, but are not limited to: (i) site visits, (ii)
21telephone contact, and (iii) requests for additional
22documentation evidencing compliance.
23    (r) Sanctions. Sanctions, if imposed by the Secretary
24under Subdivision (p)(iv) of this Section, shall be designed
25to prevent further acts of mental abuse, physical abuse,
26sexual abuse, neglect, egregious neglect, or financial



HB5186- 41 -LRB102 24774 RJF 34017 b

1exploitation or some combination of one or more of those acts
2at a facility or agency, and may include any one or more of the
4        (1) Appointment of on-site monitors.
5        (2) Transfer or relocation of an individual or
6    individuals.
7        (3) Closure of units.
8        (4) Termination of any one or more of the following:
9    (i) Department licensing, (ii) funding, or (iii)
10    certification.
11    The Inspector General may seek the assistance of the
12Illinois Attorney General or the office of any State's
13Attorney in implementing sanctions.
14    (s) Health Care Worker Registry.
15        (1) Reporting to the Registry. The Inspector General
16    shall report to the Department of Public Health's Health
17    Care Worker Registry, a public registry, the identity and
18    finding of each employee of a facility or agency against
19    whom there is a final investigative report containing a
20    substantiated allegation of physical or sexual abuse,
21    financial exploitation, or egregious neglect of an
22    individual.
23        (2) Notice to employee. Prior to reporting the name of
24    an employee, the employee shall be notified of the
25    Department's obligation to report and shall be granted an
26    opportunity to request an administrative hearing, the sole



HB5186- 42 -LRB102 24774 RJF 34017 b

1    purpose of which is to determine if the substantiated
2    finding warrants reporting to the Registry. Notice to the
3    employee shall contain a clear and concise statement of
4    the grounds on which the report to the Registry is based,
5    offer the employee an opportunity for a hearing, and
6    identify the process for requesting such a hearing. Notice
7    is sufficient if provided by certified mail to the
8    employee's last known address. If the employee fails to
9    request a hearing within 30 days from the date of the
10    notice, the Inspector General shall report the name of the
11    employee to the Registry. Nothing in this subdivision
12    (s)(2) shall diminish or impair the rights of a person who
13    is a member of a collective bargaining unit under the
14    Illinois Public Labor Relations Act or under any other
15    federal labor statute.
16        (3) Registry hearings. If the employee requests an
17    administrative hearing, the employee shall be granted an
18    opportunity to appear before an administrative law judge
19    to present reasons why the employee's name should not be
20    reported to the Registry. The Department shall bear the
21    burden of presenting evidence that establishes, by a
22    preponderance of the evidence, that the substantiated
23    finding warrants reporting to the Registry. After
24    considering all the evidence presented, the administrative
25    law judge shall make a recommendation to the Secretary as
26    to whether the substantiated finding warrants reporting



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1    the name of the employee to the Registry. The Secretary
2    shall render the final decision. The Department and the
3    employee shall have the right to request that the
4    administrative law judge consider a stipulated disposition
5    of these proceedings.
6        (4) Testimony at Registry hearings. A person who makes
7    a report or who investigates a report under this Act shall
8    testify fully in any judicial proceeding resulting from
9    such a report, as to any evidence of abuse or neglect, or
10    the cause thereof. No evidence shall be excluded by reason
11    of any common law or statutory privilege relating to
12    communications between the alleged perpetrator of abuse or
13    neglect, or the individual alleged as the victim in the
14    report, and the person making or investigating the report.
15    Testimony at hearings is exempt from the confidentiality
16    requirements of subsection (f) of Section 10 of the Mental
17    Health and Developmental Disabilities Confidentiality Act.
18        (5) Employee's rights to collateral action. No
19    reporting to the Registry shall occur and no hearing shall
20    be set or proceed if an employee notifies the Inspector
21    General in writing, including any supporting
22    documentation, that he or she is formally contesting an
23    adverse employment action resulting from a substantiated
24    finding by complaint filed with the Illinois Civil Service
25    Commission, or which otherwise seeks to enforce the
26    employee's rights pursuant to any applicable collective



HB5186- 44 -LRB102 24774 RJF 34017 b

1    bargaining agreement. If an action taken by an employer
2    against an employee as a result of a finding of physical
3    abuse, sexual abuse, or egregious neglect is overturned
4    through an action filed with the Illinois Civil Service
5    Commission or under any applicable collective bargaining
6    agreement and if that employee's name has already been
7    sent to the Registry, the employee's name shall be removed
8    from the Registry.
9        (6) Removal from Registry. At any time after the
10    report to the Registry, but no more than once in any
11    12-month period, an employee may petition the Department
12    in writing to remove his or her name from the Registry.
13    Upon receiving notice of such request, the Inspector
14    General shall conduct an investigation into the petition.
15    Upon receipt of such request, an administrative hearing
16    will be set by the Department. At the hearing, the
17    employee shall bear the burden of presenting evidence that
18    establishes, by a preponderance of the evidence, that
19    removal of the name from the Registry is in the public
20    interest. The parties may jointly request that the
21    administrative law judge consider a stipulated disposition
22    of these proceedings.
23    (t) Review of Administrative Decisions. The Department
24shall preserve a record of all proceedings at any formal
25hearing conducted by the Department involving Health Care
26Worker Registry hearings. Final administrative decisions of



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1the Department are subject to judicial review pursuant to
2provisions of the Administrative Review Law.
3    (u) Quality Care Board. There is created, within the
4Office of the Inspector General, a Quality Care Board to be
5composed of 7 members appointed by the Governor with the
6advice and consent of the Senate. One of the members shall be
7designated as chairman by the Governor. Of the initial
8appointments made by the Governor, 4 Board members shall each
9be appointed for a term of 4 years and 3 members shall each be
10appointed for a term of 2 years. Upon the expiration of each
11member's term, a successor shall be appointed for a term of 4
12years. In the case of a vacancy in the office of any member,
13the Governor shall appoint a successor for the remainder of
14the unexpired term.
15    Members appointed by the Governor shall be qualified by
16professional knowledge or experience in the area of law,
17investigatory techniques, or in the area of care of the
18mentally ill or care of persons with developmental
19disabilities. Two members appointed by the Governor shall be
20persons with a disability or parents of persons with a
21disability. Members shall serve without compensation, but
22shall be reimbursed for expenses incurred in connection with
23the performance of their duties as members.
24    The Board shall meet quarterly, and may hold other
25meetings on the call of the chairman. Four members shall
26constitute a quorum allowing the Board to conduct its



HB5186- 46 -LRB102 24774 RJF 34017 b

1business. The Board may adopt rules and regulations it deems
2necessary to govern its own procedures.
3    The Board shall monitor and oversee the operations,
4policies, and procedures of the Inspector General to ensure
5the prompt and thorough investigation of allegations of
6neglect and abuse. In fulfilling these responsibilities, the
7Board may do the following:
8        (1) Provide independent, expert consultation to the
9    Inspector General on policies and protocols for
10    investigations of alleged abuse, neglect, or both abuse
11    and neglect.
12        (2) Review existing regulations relating to the
13    operation of facilities.
14        (3) Advise the Inspector General as to the content of
15    training activities authorized under this Section.
16        (4) Recommend policies concerning methods for
17    improving the intergovernmental relationships between the
18    Office of the Inspector General and other State or federal
19    offices.
20    (v) Annual report. The Inspector General shall provide to
21the General Assembly and the Governor, no later than January 1
22of each year, a summary of reports and investigations made
23under this Act for the prior fiscal year with respect to
24individuals receiving mental health or developmental
25disabilities services. The report shall detail the imposition
26of sanctions, if any, and the final disposition of any



HB5186- 47 -LRB102 24774 RJF 34017 b

1corrective or administrative action directed by the Secretary.
2The summaries shall not contain any confidential or
3identifying information of any individual, but shall include
4objective data identifying any trends in the number of
5reported allegations, the timeliness of the Office of the
6Inspector General's investigations, and their disposition, for
7each facility and Department-wide, for the most recent 3-year
8time period. The report shall also identify, by facility, the
9staff-to-patient ratios taking account of direct care staff
10only. The report shall also include detailed recommended
11administrative actions and matters for consideration by the
12General Assembly.
13    (w) Program audit. The Auditor General shall conduct a
14program audit of the Office of the Inspector General on an
15as-needed basis, as determined by the Auditor General. The
16audit shall specifically include the Inspector General's
17compliance with the Act and effectiveness in investigating
18reports of allegations occurring in any facility or agency.
19The Auditor General shall conduct the program audit according
20to the provisions of the Illinois State Auditing Act and shall
21report its findings to the General Assembly no later than
22January 1 following the audit period.
23    (x) Nothing in this Section shall be construed to mean
24that an individual is a victim of abuse or neglect because of
25health care services appropriately provided or not provided by
26health care professionals.



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1    (y) Nothing in this Section shall require a facility,
2including its employees, agents, medical staff members, and
3health care professionals, to provide a service to an
4individual in contravention of that individual's stated or
5implied objection to the provision of that service on the
6ground that that service conflicts with the individual's
7religious beliefs or practices, nor shall the failure to
8provide a service to an individual be considered abuse under
9this Section if the individual has objected to the provision
10of that service based on his or her religious beliefs or
12(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.)
13    (20 ILCS 2712/Act rep.)
14    Section 20. The Broadband Access on Passenger Rail Law is
16    (20 ILCS 3930/7.6 rep.)
17    Section 25. The Illinois Criminal Justice Information Act
18is amended by repealing Section 7.6.
19    (20 ILCS 5035/Act rep.)
20    Section 30. The Illinois Human Services Commission Act is
22    (30 ILCS 105/5h rep.)



HB5186- 49 -LRB102 24774 RJF 34017 b

1    Section 35. The State Finance Act is amended by repealing
2Section 5h.
3    Section 40. The Illinois Procurement Code is amended by
4changing Section 25-55 as follows:
5    (30 ILCS 500/25-55)
6    Sec. 25-55. Annual reports. Every printed annual report
7produced by a State agency shall bear a statement indicating
8whether it was printed by the State of Illinois or by contract
9and indicating the printing cost per copy and the number of
10copies printed. The Department of Central Management Services
11shall prepare and submit to the General Assembly on the fourth
12Wednesday of January in each year a report setting forth with
13respect to each State agency for the calendar year immediately
14preceding the calendar year in which the report is filed the
15total quantity of annual reports printed, the total cost, and
16the cost per copy and the cost per page of the annual report of
17the State agency printed during the calendar year covered by
18the report.
19(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
20    (205 ILCS 405/3.2 rep.)
21    Section 45. The Currency Exchange Act is amended by
22repealing Section 3.2.



HB5186- 50 -LRB102 24774 RJF 34017 b

1    Section 50. The Grain Code is amended by changing Section
230-25 as follows:
3    (240 ILCS 40/30-25)
4    Sec. 30-25. Grain Insurance Reserve Fund. Upon payment in
5full of all money that has been transferred to the Fund prior
6to June 30, 2003 from the General Revenue Fund as provided for
7under subsection (h) of Section 25-20, the State of Illinois
8shall, subject to appropriation, remit $2,000,000 to the
9Corporation to be held in a separate and discrete account to be
10used to the extent the assets in the Fund are insufficient to
11satisfy claimants as payment of their claims become due as set
12forth in subsection (h) of Section 25-20. The remittance of
13the $2,000,000 reserve shall be made to the Corporation within
1460 days of payment in full of all money transferred to the Fund
15as set forth above in this Section 30-25. All income received
16by the Reserve Fund shall be deposited in the Fund within 35
17days of the end of each calendar quarter.
18(Source: P.A. 93-225, eff. 7-21-03.)
19    Section 55. The Community Services Act is amended by
20changing Section 4 as follows:
21    (405 ILCS 30/4)  (from Ch. 91 1/2, par. 904)
22    Sec. 4. Financing for community services.
23    (a) The Department of Human Services is authorized to



HB5186- 51 -LRB102 24774 RJF 34017 b

1provide financial reimbursement to eligible private service
2providers, corporations, local government entities or
3voluntary associations for the provision of services to
4persons with mental illness, persons with a developmental
5disability, and persons with substance use disorders who are
6living in the community for the purpose of achieving the goals
7of this Act.
8    The Department shall utilize the following funding
9mechanisms for community services:
10        (1) Purchase of Care Contracts: services purchased on
11    a predetermined fee per unit of service basis from private
12    providers or governmental entities. Fee per service rates
13    are set by an established formula which covers some
14    portion of personnel, supplies, and other allowable costs,
15    and which makes some allowance for geographic variations
16    in costs as well as for additional program components.
17        (2) Grants: sums of money which the Department grants
18    to private providers or governmental entities pursuant to
19    the grant recipient's agreement to provide certain
20    services, as defined by departmental grant guidelines, to
21    an approximate number of service recipients. Grant levels
22    are set through consideration of personnel, supply and
23    other allowable costs, as well as other funds available to
24    the program.
25        (3) Other Funding Arrangements: funding mechanisms may
26    be established on a pilot basis in order to examine the



HB5186- 52 -LRB102 24774 RJF 34017 b

1    feasibility of alternative financing arrangements for the
2    provision of community services.
3    The Department shall establish and maintain an equitable
4system of payment which allows providers to improve persons
5with disabilities' capabilities for independence and reduces
6their reliance on State-operated services.
7    For services classified as entitlement services under
8federal law or guidelines, caps may not be placed on the total
9amount of payment a provider may receive in a fiscal year and
10the Department shall not require that a portion of the
11payments due be made in a subsequent fiscal year based on a
12yearly payment cap.
13    (b) (Blank). The Governor shall create a commission by
14September 1, 2009, or as soon thereafter as possible, to
15review funding methodologies, identify gaps in funding,
16identify revenue, and prioritize use of that revenue for
17community developmental disability services, mental health
18services, alcohol and substance abuse services, rehabilitation
19services, and early intervention services. The Office of the
20Governor shall provide staff support for the commission.
21    (c) (Blank). The first meeting of the commission shall be
22held within the first month after the creation and appointment
23of the commission, and a final report summarizing the
24commission's recommendations must be issued within 12 months
25after the first meeting, and no later than September 1, 2010,
26to the Governor and the General Assembly.



HB5186- 53 -LRB102 24774 RJF 34017 b

1    (d) (Blank). The commission shall have the following 13
2voting members:
3        (A) one member of the House of Representatives,
4    appointed by the Speaker of the House of Representatives;
5        (B) one member of the House of Representatives,
6    appointed by the House Minority Leader;
7        (C) one member of the Senate, appointed by the
8    President of the Senate;
9        (D) one member of the Senate, appointed by the Senate
10    Minority Leader;
11        (E) one person with a developmental disability, or a
12    family member or guardian of such a person, appointed by
13    the Governor;
14        (F) one person with a mental illness, or a family
15    member or guardian of such a person, appointed by the
16    Governor;
17        (G) two persons from unions that represent employees
18    of community providers that serve people with
19    developmental disabilities, mental illness, and alcohol
20    and substance abuse disorders, appointed by the Governor;
21    and
22        (H) five persons from statewide associations that
23    represent community providers that provide residential,
24    day training, and other developmental disability services,
25    mental health services, alcohol and substance abuse
26    services, rehabilitation services, or early intervention



HB5186- 54 -LRB102 24774 RJF 34017 b

1    services, or any combination of those, appointed by the
2    Governor.
3    The commission shall also have the following ex-officio,
4nonvoting members:
5        (I) the Director of the Governor's Office of
6    Management and Budget or his or her designee;
7        (J) the Chief Financial Officer of the Department of
8    Human Services or his or her designee;
9        (K) the Administrator of the Department of Healthcare
10    and Family Services Division of Finance or his or her
11    designee;
12        (L) the Director of the Department of Human Services
13    Division of Developmental Disabilities or his or her
14    designee;
15        (M) the Director of the Department of Human Services
16    Division of Mental Health or his or her designee; and
17        (N) the Director of the Department of Human Services
18    Division of Alcoholism and Substance Abuse or his or her
19    designee.
20    (e) The funding methodologies must reflect economic
21factors inherent in providing services and supports, recognize
22individual disability needs, and consider geographic
23differences, transportation costs, required staffing ratios,
24and mandates not currently funded.
25    (f) In accepting Department funds, providers shall
26recognize their responsibility to be accountable to the



HB5186- 55 -LRB102 24774 RJF 34017 b

1Department and the State for the delivery of services which
2are consistent with the philosophies and goals of this Act and
3the rules and regulations promulgated under it.
4(Source: P.A. 100-759, eff. 1-1-19.)
5    (730 ILCS 5/3-5-3 rep.)
6    (730 ILCS 5/5-8-1.3 rep.)
7    Section 60. The Unified Code of Corrections is amended by
8repealing Sections 3-5-3 and 5-8-1.3.
9    Section 65. The Workers' Compensation Act is amended by
10changing Section 18.1 as follows:
11    (820 ILCS 305/18.1)
12    Sec. 18.1. Claims by former and current employees of the
13Commission. All claims by current and former employees and
14appointees of the Commission shall be assigned to a certified
15independent arbitrator not employed by the Commission
16designated by the Chairman. In preparing the roster of
17approved certified independent arbitrators, the Chairman shall
18seek the advice and recommendation of the Commission or the
19Workers' Compensation Advisory Board at his or her discretion.
20The Chairman shall designate an arbitrator from a list of
21approved certified arbitrators provided by the Commission
22Review Board. If the Chairman is the claimant, then the
23independent arbitrator from the approved list shall be



HB5186- 56 -LRB102 24774 RJF 34017 b

1designated by the longest serving Commissioner. The designated
2independent arbitrator shall have the authority of arbitrators
3of the Commission regarding settlement and adjudication of the
4claim of the current and former employees and appointees of
5the Commission. The decision of the independent arbitrator
6shall become the decision of the Commission. An appeal of the
7independent arbitrator's decision shall be subject to judicial
8review in accordance with subsection (f) of Section 19.
9(Source: P.A. 97-18, eff. 6-28-11.)
10    (820 ILCS 305/14.1 rep.)
11    Section 70. The Workers' Compensation Act is amended by
12repealing Section 14.1.
13    Section 99. Effective date. This Act takes effect upon
14becoming law.



HB5186- 57 -LRB102 24774 RJF 34017 b

2 Statutes amended in order of appearance
3    20 ILCS 105/4.02from Ch. 23, par. 6104.02
4    20 ILCS 1110/7 rep.
5    20 ILCS 1110/8 rep.
6    20 ILCS 1110/9 rep.
7    20 ILCS 1110/10 rep.
8    20 ILCS 1110/11 rep.
9    20 ILCS 1110/12 rep.
10    20 ILCS 1110/13 rep.
11    20 ILCS 1110/14 rep.
12    20 ILCS 1110/15 rep.
13    20 ILCS 1110/16 rep.
14    20 ILCS 1110/17 rep.
15    20 ILCS 1305/1-17
16    20 ILCS 2712/Act rep.
17    20 ILCS 3930/7.6 rep.
18    20 ILCS 5035/Act rep.
19    30 ILCS 105/5h rep.
20    30 ILCS 500/25-55
21    205 ILCS 405/3.2 rep.
22    240 ILCS 40/30-25
23    405 ILCS 30/4from Ch. 91 1/2, par. 904
24    730 ILCS 5/3-5-3 rep.
25    730 ILCS 5/5-8-1.3 rep.



HB5186- 58 -LRB102 24774 RJF 34017 b

1    820 ILCS 305/18.1
2    820 ILCS 305/14.1 rep.