HB5186 EngrossedLRB102 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    (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    Section 5. The Illinois Coal and Energy Development Bond
16Act is amended by repealing Sections 7, 8, 9, 10, 11, 12, 13,
1714, 15, 16, and 17.
18    Section 10. The Department of Human Services Act is
19amended by changing Section 1-17 as follows:
20    (20 ILCS 1305/1-17)
21    Sec. 1-17. Inspector General.
22    (a) Nature and purpose. It is the express intent of the



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1General Assembly to ensure the health, safety, and financial
2condition of individuals receiving services in this State due
3to mental illness, developmental disability, or both by
4protecting those persons from acts of abuse, neglect, or both
5by service providers. To that end, the Office of the Inspector
6General for the Department of Human Services is created to
7investigate and report upon allegations of the abuse, neglect,
8or financial exploitation of individuals receiving services
9within mental health facilities, developmental disabilities
10facilities, and community agencies operated, licensed, funded,
11or certified by the Department of Human Services, but not
12licensed or certified by any other State agency.
13    (b) Definitions. The following definitions apply to this
15    "Adult student with a disability" means an adult student,
16age 18 through 21, inclusive, with an Individual Education
17Program, other than a resident of a facility licensed by the
18Department of Children and Family Services in accordance with
19the Child Care Act of 1969. For purposes of this definition,
20"through age 21, inclusive", means through the day before the
21student's 22nd birthday.
22    "Agency" or "community agency" means (i) a community
23agency licensed, funded, or certified by the Department, but
24not licensed or certified by any other human services agency
25of the State, to provide mental health service or
26developmental disabilities service, or (ii) a program



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1licensed, funded, or certified by the Department, but not
2licensed or certified by any other human services agency of
3the State, to provide mental health service or developmental
4disabilities service.
5    "Aggravating circumstance" means a factor that is
6attendant to a finding and that tends to compound or increase
7the culpability of the accused.
8    "Allegation" means an assertion, complaint, suspicion, or
9incident involving any of the following conduct by an
10employee, facility, or agency against an individual or
11individuals: mental abuse, physical abuse, sexual abuse,
12neglect, or financial exploitation.
13    "Day" means working day, unless otherwise specified.
14    "Deflection" means a situation in which an individual is
15presented for admission to a facility or agency, and the
16facility staff or agency staff do not admit the individual.
17"Deflection" includes triage, redirection, and denial of
19    "Department" means the Department of Human Services.
20    "Developmental disability" means "developmental
21disability" as defined in the Mental Health and Developmental
22Disabilities Code.
23    "Egregious neglect" means a finding of neglect as
24determined by the Inspector General that (i) represents a
25gross failure to adequately provide for, or a callused
26indifference to, the health, safety, or medical needs of an



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1individual and (ii) results in an individual's death or other
2serious deterioration of an individual's physical condition or
3mental condition.
4    "Employee" means any person who provides services at the
5facility or agency on-site or off-site. The service
6relationship can be with the individual or with the facility
7or agency. Also, "employee" includes any employee or
8contractual agent of the Department of Human Services or the
9community agency involved in providing or monitoring or
10administering mental health or developmental disability
11services. This includes but is not limited to: owners,
12operators, payroll personnel, contractors, subcontractors, and
14    "Facility" or "State-operated facility" means a mental
15health facility or developmental disabilities facility
16operated by the Department.
17    "Financial exploitation" means taking unjust advantage of
18an individual's assets, property, or financial resources
19through deception, intimidation, or conversion for the
20employee's, facility's, or agency's own advantage or benefit.
21    "Finding" means the Office of Inspector General's
22determination regarding whether an allegation is
23substantiated, unsubstantiated, or unfounded.
24    "Health Care Worker Registry" or "Registry" means the
25Health Care Worker Registry under the Health Care Worker
26Background Check Act.



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1    "Individual" means any person receiving mental health
2service, developmental disabilities service, or both from a
3facility or agency, while either on-site or off-site.
4    "Mental abuse" means the use of demeaning, intimidating,
5or threatening words, signs, gestures, or other actions by an
6employee about an individual and in the presence of an
7individual or individuals that results in emotional distress
8or maladaptive behavior, or could have resulted in emotional
9distress or maladaptive behavior, for any individual present.
10    "Mental illness" means "mental illness" as defined in the
11Mental Health and Developmental Disabilities Code.
12    "Mentally ill" means having a mental illness.
13    "Mitigating circumstance" means a condition that (i) is
14attendant to a finding, (ii) does not excuse or justify the
15conduct in question, but (iii) may be considered in evaluating
16the severity of the conduct, the culpability of the accused,
17or both the severity of the conduct and the culpability of the
19    "Neglect" means an employee's, agency's, or facility's
20failure to provide adequate medical care, personal care, or
21maintenance and that, as a consequence, (i) causes an
22individual pain, injury, or emotional distress, (ii) results
23in either an individual's maladaptive behavior or the
24deterioration of an individual's physical condition or mental
25condition, or (iii) places the individual's health or safety
26at substantial risk.



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1    "Person with a developmental disability" means a person
2having a developmental disability.
3    "Physical abuse" means an employee's non-accidental and
4inappropriate contact with an individual that causes bodily
5harm. "Physical abuse" includes actions that cause bodily harm
6as a result of an employee directing an individual or person to
7physically abuse another individual.
8    "Recommendation" means an admonition, separate from a
9finding, that requires action by the facility, agency, or
10Department to correct a systemic issue, problem, or deficiency
11identified during an investigation.
12    "Required reporter" means any employee who suspects,
13witnesses, or is informed of an allegation of any one or more
14of the following: mental abuse, physical abuse, sexual abuse,
15neglect, or financial exploitation.
16    "Secretary" means the Chief Administrative Officer of the
18    "Sexual abuse" means any sexual contact or intimate
19physical contact between an employee and an individual,
20including an employee's coercion or encouragement of an
21individual to engage in sexual behavior that results in sexual
22contact, intimate physical contact, sexual behavior, or
23intimate physical behavior. Sexual abuse also includes (i) an
24employee's actions that result in the sending or showing of
25sexually explicit images to an individual via computer,
26cellular phone, electronic mail, portable electronic device,



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1or other media with or without contact with the individual or
2(ii) an employee's posting of sexually explicit images of an
3individual online or elsewhere whether or not there is contact
4with the individual.
5    "Sexually explicit images" includes, but is not limited
6to, any material which depicts nudity, sexual conduct, or
7sado-masochistic abuse, or which contains explicit and
8detailed verbal descriptions or narrative accounts of sexual
9excitement, sexual conduct, or sado-masochistic abuse.
10    "Substantiated" means there is a preponderance of the
11evidence to support the allegation.
12    "Unfounded" means there is no credible evidence to support
13the allegation.
14    "Unsubstantiated" means there is credible evidence, but
15less than a preponderance of evidence to support the
17    (c) Appointment. The Governor shall appoint, and the
18Senate shall confirm, an Inspector General. The Inspector
19General shall be appointed for a term of 4 years and shall
20function within the Department of Human Services and report to
21the Secretary and the Governor.
22    (d) Operation and appropriation. The Inspector General
23shall function independently within the Department with
24respect to the operations of the Office, including the
25performance of investigations and issuance of findings and
26recommendations. The appropriation for the Office of Inspector



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1General shall be separate from the overall appropriation for
2the Department.
3    (e) Powers and duties. The Inspector General shall
4investigate reports of suspected mental abuse, physical abuse,
5sexual abuse, neglect, or financial exploitation of
6individuals in any mental health or developmental disabilities
7facility or agency and shall have authority to take immediate
8action to prevent any one or more of the following from
9happening to individuals under its jurisdiction: mental abuse,
10physical abuse, sexual abuse, neglect, or financial
11exploitation. Upon written request of an agency of this State,
12the Inspector General may assist another agency of the State
13in investigating reports of the abuse, neglect, or abuse and
14neglect of persons with mental illness, persons with
15developmental disabilities, or persons with both. To comply
16with the requirements of subsection (k) of this Section, the
17Inspector General shall also review all reportable deaths for
18which there is no allegation of abuse or neglect. Nothing in
19this Section shall preempt any duties of the Medical Review
20Board set forth in the Mental Health and Developmental
21Disabilities Code. The Inspector General shall have no
22authority to investigate alleged violations of the State
23Officials and Employees Ethics Act. Allegations of misconduct
24under the State Officials and Employees Ethics Act shall be
25referred to the Office of the Governor's Executive Inspector
26General for investigation.



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1    (f) Limitations. The Inspector General shall not conduct
2an investigation within an agency or facility if that
3investigation would be redundant to or interfere with an
4investigation conducted by another State agency. The Inspector
5General shall have no supervision over, or involvement in, the
6routine programmatic, licensing, funding, or certification
7operations of the Department. Nothing in this subsection
8limits investigations by the Department that may otherwise be
9required by law or that may be necessary in the Department's
10capacity as central administrative authority responsible for
11the operation of the State's mental health and developmental
12disabilities facilities.
13    (g) Rulemaking authority. The Inspector General shall
14promulgate rules establishing minimum requirements for
15reporting allegations as well as for initiating, conducting,
16and completing investigations based upon the nature of the
17allegation or allegations. The rules shall clearly establish
18that if 2 or more State agencies could investigate an
19allegation, the Inspector General shall not conduct an
20investigation that would be redundant to, or interfere with,
21an investigation conducted by another State agency. The rules
22shall further clarify the method and circumstances under which
23the Office of Inspector General may interact with the
24licensing, funding, or certification units of the Department
25in preventing further occurrences of mental abuse, physical
26abuse, sexual abuse, neglect, egregious neglect, and financial



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2    (h) Training programs. The Inspector General shall (i)
3establish a comprehensive program to ensure that every person
4authorized to conduct investigations receives ongoing training
5relative to investigation techniques, communication skills,
6and the appropriate means of interacting with persons
7receiving treatment for mental illness, developmental
8disability, or both mental illness and developmental
9disability, and (ii) establish and conduct periodic training
10programs for facility and agency employees concerning the
11prevention and reporting of any one or more of the following:
12mental abuse, physical abuse, sexual abuse, neglect, egregious
13neglect, or financial exploitation. The Inspector General
14shall further ensure (i) every person authorized to conduct
15investigations at community agencies receives ongoing training
16in Title 59, Parts 115, 116, and 119 of the Illinois
17Administrative Code, and (ii) every person authorized to
18conduct investigations shall receive ongoing training in Title
1959, Part 50 of the Illinois Administrative Code. Nothing in
20this Section shall be deemed to prevent the Office of
21Inspector General from conducting any other training as
22determined by the Inspector General to be necessary or
24    (i) Duty to cooperate.
25        (1) The Inspector General shall at all times be
26    granted access to any facility or agency for the purpose



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1    of investigating any allegation, conducting unannounced
2    site visits, monitoring compliance with a written
3    response, or completing any other statutorily assigned
4    duty. The Inspector General shall conduct unannounced site
5    visits to each facility at least annually for the purpose
6    of reviewing and making recommendations on systemic issues
7    relative to preventing, reporting, investigating, and
8    responding to all of the following: mental abuse, physical
9    abuse, sexual abuse, neglect, egregious neglect, or
10    financial exploitation.
11        (2) Any employee who fails to cooperate with an Office
12    of the Inspector General investigation is in violation of
13    this Act. Failure to cooperate with an investigation
14    includes, but is not limited to, any one or more of the
15    following: (i) creating and transmitting a false report to
16    the Office of the Inspector General hotline, (ii)
17    providing false information to an Office of the Inspector
18    General Investigator during an investigation, (iii)
19    colluding with other employees to cover up evidence, (iv)
20    colluding with other employees to provide false
21    information to an Office of the Inspector General
22    investigator, (v) destroying evidence, (vi) withholding
23    evidence, or (vii) otherwise obstructing an Office of the
24    Inspector General investigation. Additionally, any
25    employee who, during an unannounced site visit or written
26    response compliance check, fails to cooperate with



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1    requests from the Office of the Inspector General is in
2    violation of this Act.
3    (j) Subpoena powers. The Inspector General shall have the
4power to subpoena witnesses and compel the production of all
5documents and physical evidence relating to his or her
6investigations and any hearings authorized by this Act. This
7subpoena power shall not extend to persons or documents of a
8labor organization or its representatives insofar as the
9persons are acting in a representative capacity to an employee
10whose conduct is the subject of an investigation or the
11documents relate to that representation. Any person who
12otherwise fails to respond to a subpoena or who knowingly
13provides false information to the Office of the Inspector
14General by subpoena during an investigation is guilty of a
15Class A misdemeanor.
16    (k) Reporting allegations and deaths.
17        (1) Allegations. If an employee witnesses, is told of,
18    or has reason to believe an incident of mental abuse,
19    physical abuse, sexual abuse, neglect, or financial
20    exploitation has occurred, the employee, agency, or
21    facility shall report the allegation by phone to the
22    Office of the Inspector General hotline according to the
23    agency's or facility's procedures, but in no event later
24    than 4 hours after the initial discovery of the incident,
25    allegation, or suspicion of any one or more of the
26    following: mental abuse, physical abuse, sexual abuse,



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1    neglect, or financial exploitation. A required reporter as
2    defined in subsection (b) of this Section who knowingly or
3    intentionally fails to comply with these reporting
4    requirements is guilty of a Class A misdemeanor.
5        (2) Deaths. Absent an allegation, a required reporter
6    shall, within 24 hours after initial discovery, report by
7    phone to the Office of the Inspector General hotline each
8    of the following:
9            (i) Any death of an individual occurring within 14
10        calendar days after discharge or transfer of the
11        individual from a residential program or facility.
12            (ii) Any death of an individual occurring within
13        24 hours after deflection from a residential program
14        or facility.
15            (iii) Any other death of an individual occurring
16        at an agency or facility or at any Department-funded
17        site.
18        (3) Retaliation. It is a violation of this Act for any
19    employee or administrator of an agency or facility to take
20    retaliatory action against an employee who acts in good
21    faith in conformance with his or her duties as a required
22    reporter.
23    (l) Reporting to law enforcement. (1) Reporting criminal
24acts. Within 24 hours after determining that there is credible
25evidence indicating that a criminal act may have been
26committed or that special expertise may be required in an



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1investigation, the Inspector General shall notify the Illinois
2State Police or other appropriate law enforcement authority,
3or ensure that such notification is made. The Illinois State
4Police shall investigate any report from a State-operated
5facility indicating a possible murder, sexual assault, or
6other felony by an employee. All investigations conducted by
7the Inspector General shall be conducted in a manner designed
8to ensure the preservation of evidence for possible use in a
9criminal prosecution.
10        (2) Reporting allegations of adult students with
11    disabilities. Upon receipt of a reportable allegation
12    regarding an adult student with a disability, the
13    Department's Office of the Inspector General shall
14    determine whether the allegation meets the criteria for
15    the Domestic Abuse Program under the Abuse of Adults with
16    Disabilities Intervention Act. If the allegation is
17    reportable to that program, the Office of the Inspector
18    General shall initiate an investigation. If the allegation
19    is not reportable to the Domestic Abuse Program, the
20    Office of the Inspector General shall make an expeditious
21    referral to the respective law enforcement entity. If the
22    alleged victim is already receiving services from the
23    Department, the Office of the Inspector General shall also
24    make a referral to the respective Department of Human
25    Services' Division or Bureau.
26    (m) Investigative reports. Upon completion of an



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1investigation, the Office of Inspector General shall issue an
2investigative report identifying whether the allegations are
3substantiated, unsubstantiated, or unfounded. Within 10
4business days after the transmittal of a completed
5investigative report substantiating an allegation, finding an
6allegation is unsubstantiated, or if a recommendation is made,
7the Inspector General shall provide the investigative report
8on the case to the Secretary and to the director of the
9facility or agency where any one or more of the following
10occurred: mental abuse, physical abuse, sexual abuse, neglect,
11egregious neglect, or financial exploitation. The director of
12the facility or agency shall be responsible for maintaining
13the confidentiality of the investigative report consistent
14with State and federal law. In a substantiated case, the
15investigative report shall include any mitigating or
16aggravating circumstances that were identified during the
17investigation. If the case involves substantiated neglect, the
18investigative report shall also state whether egregious
19neglect was found. An investigative report may also set forth
20recommendations. All investigative reports prepared by the
21Office of the Inspector General shall be considered
22confidential and shall not be released except as provided by
23the law of this State or as required under applicable federal
24law. Unsubstantiated and unfounded reports shall not be
25disclosed except as allowed under Section 6 of the Abused and
26Neglected Long Term Care Facility Residents Reporting Act. Raw



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1data used to compile the investigative report shall not be
2subject to release unless required by law or a court order.
3"Raw data used to compile the investigative report" includes,
4but is not limited to, any one or more of the following: the
5initial complaint, witness statements, photographs,
6investigator's notes, police reports, or incident reports. If
7the allegations are substantiated, the victim, the victim's
8guardian, and the accused shall be provided with a redacted
9copy of the investigative report. Death reports where there
10was no allegation of abuse or neglect shall only be released
11pursuant to applicable State or federal law or a valid court
12order. Unredacted investigative reports, as well as raw data,
13may be shared with a local law enforcement entity, a State's
14Attorney's office, or a county coroner's office upon written
16    (n) Written responses, clarification requests, and
17reconsideration requests.
18        (1) Written responses. Within 30 calendar days from
19    receipt of a substantiated investigative report or an
20    investigative report which contains recommendations,
21    absent a reconsideration request, the facility or agency
22    shall file a written response that addresses, in a concise
23    and reasoned manner, the actions taken to: (i) protect the
24    individual; (ii) prevent recurrences; and (iii) eliminate
25    the problems identified. The response shall include the
26    implementation and completion dates of such actions. If



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1    the written response is not filed within the allotted 30
2    calendar day period, the Secretary shall determine the
3    appropriate corrective action to be taken.
4        (2) Requests for clarification. The facility, agency,
5    victim or guardian, or the subject employee may request
6    that the Office of Inspector General clarify the finding
7    or findings for which clarification is sought.
8        (3) Requests for reconsideration. The facility,
9    agency, victim or guardian, or the subject employee may
10    request that the Office of the Inspector General
11    reconsider the finding or findings or the recommendations.
12    A request for reconsideration shall be subject to a
13    multi-layer review and shall include at least one reviewer
14    who did not participate in the investigation or approval
15    of the original investigative report. After the
16    multi-layer review process has been completed, the
17    Inspector General shall make the final determination on
18    the reconsideration request. The investigation shall be
19    reopened if the reconsideration determination finds that
20    additional information is needed to complete the
21    investigative record.
22    (o) Disclosure of the finding by the Inspector General.
23The Inspector General shall disclose the finding of an
24investigation to the following persons: (i) the Governor, (ii)
25the Secretary, (iii) the director of the facility or agency,
26(iv) the alleged victims and their guardians, (v) the



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1complainant, and (vi) the accused. This information shall
2include whether the allegations were deemed substantiated,
3unsubstantiated, or unfounded.
4    (p) Secretary review. Upon review of the Inspector
5General's investigative report and any agency's or facility's
6written response, the Secretary shall accept or reject the
7written response and notify the Inspector General of that
8determination. The Secretary may further direct that other
9administrative action be taken, including, but not limited to,
10any one or more of the following: (i) additional site visits,
11(ii) training, (iii) provision of technical assistance
12relative to administrative needs, licensure, or certification,
13or (iv) the imposition of appropriate sanctions.
14    (q) Action by facility or agency. Within 30 days of the
15date the Secretary approves the written response or directs
16that further administrative action be taken, the facility or
17agency shall provide an implementation report to the Inspector
18General that provides the status of the action taken. The
19facility or agency shall be allowed an additional 30 days to
20send notice of completion of the action or to send an updated
21implementation report. If the action has not been completed
22within the additional 30-day period, the facility or agency
23shall send updated implementation reports every 60 days until
24completion. The Inspector General shall conduct a review of
25any implementation plan that takes more than 120 days after
26approval to complete, and shall monitor compliance through a



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1random review of approved written responses, which may
2include, but are not limited to: (i) site visits, (ii)
3telephone contact, and (iii) requests for additional
4documentation evidencing compliance.
5    (r) Sanctions. Sanctions, if imposed by the Secretary
6under Subdivision (p)(iv) of this Section, shall be designed
7to prevent further acts of mental abuse, physical abuse,
8sexual abuse, neglect, egregious neglect, or financial
9exploitation or some combination of one or more of those acts
10at a facility or agency, and may include any one or more of the
12        (1) Appointment of on-site monitors.
13        (2) Transfer or relocation of an individual or
14    individuals.
15        (3) Closure of units.
16        (4) Termination of any one or more of the following:
17    (i) Department licensing, (ii) funding, or (iii)
18    certification.
19    The Inspector General may seek the assistance of the
20Illinois Attorney General or the office of any State's
21Attorney in implementing sanctions.
22    (s) Health Care Worker Registry.
23        (1) Reporting to the Registry. The Inspector General
24    shall report to the Department of Public Health's Health
25    Care Worker Registry, a public registry, the identity and
26    finding of each employee of a facility or agency against



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1    whom there is a final investigative report containing a
2    substantiated allegation of physical or sexual abuse,
3    financial exploitation, or egregious neglect of an
4    individual.
5        (2) Notice to employee. Prior to reporting the name of
6    an employee, the employee shall be notified of the
7    Department's obligation to report and shall be granted an
8    opportunity to request an administrative hearing, the sole
9    purpose of which is to determine if the substantiated
10    finding warrants reporting to the Registry. Notice to the
11    employee shall contain a clear and concise statement of
12    the grounds on which the report to the Registry is based,
13    offer the employee an opportunity for a hearing, and
14    identify the process for requesting such a hearing. Notice
15    is sufficient if provided by certified mail to the
16    employee's last known address. If the employee fails to
17    request a hearing within 30 days from the date of the
18    notice, the Inspector General shall report the name of the
19    employee to the Registry. Nothing in this subdivision
20    (s)(2) shall diminish or impair the rights of a person who
21    is a member of a collective bargaining unit under the
22    Illinois Public Labor Relations Act or under any other
23    federal labor statute.
24        (3) Registry hearings. If the employee requests an
25    administrative hearing, the employee shall be granted an
26    opportunity to appear before an administrative law judge



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1    to present reasons why the employee's name should not be
2    reported to the Registry. The Department shall bear the
3    burden of presenting evidence that establishes, by a
4    preponderance of the evidence, that the substantiated
5    finding warrants reporting to the Registry. After
6    considering all the evidence presented, the administrative
7    law judge shall make a recommendation to the Secretary as
8    to whether the substantiated finding warrants reporting
9    the name of the employee to the Registry. The Secretary
10    shall render the final decision. The Department and the
11    employee shall have the right to request that the
12    administrative law judge consider a stipulated disposition
13    of these proceedings.
14        (4) Testimony at Registry hearings. A person who makes
15    a report or who investigates a report under this Act shall
16    testify fully in any judicial proceeding resulting from
17    such a report, as to any evidence of abuse or neglect, or
18    the cause thereof. No evidence shall be excluded by reason
19    of any common law or statutory privilege relating to
20    communications between the alleged perpetrator of abuse or
21    neglect, or the individual alleged as the victim in the
22    report, and the person making or investigating the report.
23    Testimony at hearings is exempt from the confidentiality
24    requirements of subsection (f) of Section 10 of the Mental
25    Health and Developmental Disabilities Confidentiality Act.
26        (5) Employee's rights to collateral action. No



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1    reporting to the Registry shall occur and no hearing shall
2    be set or proceed if an employee notifies the Inspector
3    General in writing, including any supporting
4    documentation, that he or she is formally contesting an
5    adverse employment action resulting from a substantiated
6    finding by complaint filed with the Illinois Civil Service
7    Commission, or which otherwise seeks to enforce the
8    employee's rights pursuant to any applicable collective
9    bargaining agreement. If an action taken by an employer
10    against an employee as a result of a finding of physical
11    abuse, sexual abuse, or egregious neglect is overturned
12    through an action filed with the Illinois Civil Service
13    Commission or under any applicable collective bargaining
14    agreement and if that employee's name has already been
15    sent to the Registry, the employee's name shall be removed
16    from the Registry.
17        (6) Removal from Registry. At any time after the
18    report to the Registry, but no more than once in any
19    12-month period, an employee may petition the Department
20    in writing to remove his or her name from the Registry.
21    Upon receiving notice of such request, the Inspector
22    General shall conduct an investigation into the petition.
23    Upon receipt of such request, an administrative hearing
24    will be set by the Department. At the hearing, the
25    employee shall bear the burden of presenting evidence that
26    establishes, by a preponderance of the evidence, that



HB5186 Engrossed- 23 -LRB102 24774 RJF 34017 b

1    removal of the name from the Registry is in the public
2    interest. The parties may jointly request that the
3    administrative law judge consider a stipulated disposition
4    of these proceedings.
5    (t) Review of Administrative Decisions. The Department
6shall preserve a record of all proceedings at any formal
7hearing conducted by the Department involving Health Care
8Worker Registry hearings. Final administrative decisions of
9the Department are subject to judicial review pursuant to
10provisions of the Administrative Review Law.
11    (u) Quality Care Board. There is created, within the
12Office of the Inspector General, a Quality Care Board to be
13composed of 7 members appointed by the Governor with the
14advice and consent of the Senate. One of the members shall be
15designated as chairman by the Governor. Of the initial
16appointments made by the Governor, 4 Board members shall each
17be appointed for a term of 4 years and 3 members shall each be
18appointed for a term of 2 years. Upon the expiration of each
19member's term, a successor shall be appointed for a term of 4
20years. In the case of a vacancy in the office of any member,
21the Governor shall appoint a successor for the remainder of
22the unexpired term.
23    Members appointed by the Governor shall be qualified by
24professional knowledge or experience in the area of law,
25investigatory techniques, or in the area of care of the
26mentally ill or care of persons with developmental



HB5186 Engrossed- 24 -LRB102 24774 RJF 34017 b

1disabilities. Two members appointed by the Governor shall be
2persons with a disability or parents of persons with a
3disability. Members shall serve without compensation, but
4shall be reimbursed for expenses incurred in connection with
5the performance of their duties as members.
6    The Board shall meet quarterly, and may hold other
7meetings on the call of the chairman. Four members shall
8constitute a quorum allowing the Board to conduct its
9business. The Board may adopt rules and regulations it deems
10necessary to govern its own procedures.
11    The Board shall monitor and oversee the operations,
12policies, and procedures of the Inspector General to ensure
13the prompt and thorough investigation of allegations of
14neglect and abuse. In fulfilling these responsibilities, the
15Board may do the following:
16        (1) Provide independent, expert consultation to the
17    Inspector General on policies and protocols for
18    investigations of alleged abuse, neglect, or both abuse
19    and neglect.
20        (2) Review existing regulations relating to the
21    operation of facilities.
22        (3) Advise the Inspector General as to the content of
23    training activities authorized under this Section.
24        (4) Recommend policies concerning methods for
25    improving the intergovernmental relationships between the
26    Office of the Inspector General and other State or federal



HB5186 Engrossed- 25 -LRB102 24774 RJF 34017 b

1    offices.
2    (v) Annual report. The Inspector General shall provide to
3the General Assembly and the Governor, no later than January 1
4of each year, a summary of reports and investigations made
5under this Act for the prior fiscal year with respect to
6individuals receiving mental health or developmental
7disabilities services. The report shall detail the imposition
8of sanctions, if any, and the final disposition of any
9corrective or administrative action directed by the Secretary.
10The summaries shall not contain any confidential or
11identifying information of any individual, but shall include
12objective data identifying any trends in the number of
13reported allegations, the timeliness of the Office of the
14Inspector General's investigations, and their disposition, for
15each facility and Department-wide, for the most recent 3-year
16time period. The report shall also identify, by facility, the
17staff-to-patient ratios taking account of direct care staff
18only. The report shall also include detailed recommended
19administrative actions and matters for consideration by the
20General Assembly.
21    (w) Program audit. The Auditor General shall conduct a
22program audit of the Office of the Inspector General on an
23as-needed basis, as determined by the Auditor General. The
24audit shall specifically include the Inspector General's
25compliance with the Act and effectiveness in investigating
26reports of allegations occurring in any facility or agency.



HB5186 Engrossed- 26 -LRB102 24774 RJF 34017 b

1The Auditor General shall conduct the program audit according
2to the provisions of the Illinois State Auditing Act and shall
3report its findings to the General Assembly no later than
4January 1 following the audit period.
5    (x) Nothing in this Section shall be construed to mean
6that an individual is a victim of abuse or neglect because of
7health care services appropriately provided or not provided by
8health care professionals.
9    (y) Nothing in this Section shall require a facility,
10including its employees, agents, medical staff members, and
11health care professionals, to provide a service to an
12individual in contravention of that individual's stated or
13implied objection to the provision of that service on the
14ground that that service conflicts with the individual's
15religious beliefs or practices, nor shall the failure to
16provide a service to an individual be considered abuse under
17this Section if the individual has objected to the provision
18of that service based on his or her religious beliefs or
20(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.)
21    (20 ILCS 2712/Act rep.)
22    Section 15. The Broadband Access on Passenger Rail Law is
24    (20 ILCS 3930/7.6 rep.)



HB5186 Engrossed- 27 -LRB102 24774 RJF 34017 b

1    Section 20. The Illinois Criminal Justice Information Act
2is amended by repealing Section 7.6.
3    (20 ILCS 5035/Act rep.)
4    Section 25. The Illinois Human Services Commission Act is
6    (30 ILCS 105/5h rep.)
7    Section 30. The State Finance Act is amended by repealing
8Section 5h.
9    Section 35. The Illinois Procurement Code is amended by
10changing Section 25-55 as follows:
11    (30 ILCS 500/25-55)
12    Sec. 25-55. Annual reports. Every printed annual report
13produced by a State agency shall bear a statement indicating
14whether it was printed by the State of Illinois or by contract
15and indicating the printing cost per copy and the number of
16copies printed. The Department of Central Management Services
17shall prepare and submit to the General Assembly on the fourth
18Wednesday of January in each year a report setting forth with
19respect to each State agency for the calendar year immediately
20preceding the calendar year in which the report is filed the
21total quantity of annual reports printed, the total cost, and
22the cost per copy and the cost per page of the annual report of



HB5186 Engrossed- 28 -LRB102 24774 RJF 34017 b

1the State agency printed during the calendar year covered by
2the report.
3(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
4    (205 ILCS 405/3.2 rep.)
5    Section 40. The Currency Exchange Act is amended by
6repealing Section 3.2.
7    Section 45. The Grain Code is amended by changing Section
830-25 as follows:
9    (240 ILCS 40/30-25)
10    Sec. 30-25. Grain Insurance Reserve Fund. Upon payment in
11full of all money that has been transferred to the Fund prior
12to June 30, 2003 from the General Revenue Fund as provided for
13under subsection (h) of Section 25-20, the State of Illinois
14shall, subject to appropriation, remit $2,000,000 to the
15Corporation to be held in a separate and discrete account to be
16used to the extent the assets in the Fund are insufficient to
17satisfy claimants as payment of their claims become due as set
18forth in subsection (h) of Section 25-20. The remittance of
19the $2,000,000 reserve shall be made to the Corporation within
2060 days of payment in full of all money transferred to the Fund
21as set forth above in this Section 30-25. All income received
22by the Reserve Fund shall be deposited in the Fund within 35
23days of the end of each calendar quarter.



HB5186 Engrossed- 29 -LRB102 24774 RJF 34017 b

1(Source: P.A. 93-225, eff. 7-21-03.)
2    Section 50. The Community Services Act is amended by
3changing Section 4 as follows:
4    (405 ILCS 30/4)  (from Ch. 91 1/2, par. 904)
5    Sec. 4. Financing for community services.
6    (a) The Department of Human Services is authorized to
7provide financial reimbursement to eligible private service
8providers, corporations, local government entities or
9voluntary associations for the provision of services to
10persons with mental illness, persons with a developmental
11disability, and persons with substance use disorders who are
12living in the community for the purpose of achieving the goals
13of this Act.
14    The Department shall utilize the following funding
15mechanisms for community services:
16        (1) Purchase of Care Contracts: services purchased on
17    a predetermined fee per unit of service basis from private
18    providers or governmental entities. Fee per service rates
19    are set by an established formula which covers some
20    portion of personnel, supplies, and other allowable costs,
21    and which makes some allowance for geographic variations
22    in costs as well as for additional program components.
23        (2) Grants: sums of money which the Department grants
24    to private providers or governmental entities pursuant to



HB5186 Engrossed- 30 -LRB102 24774 RJF 34017 b

1    the grant recipient's agreement to provide certain
2    services, as defined by departmental grant guidelines, to
3    an approximate number of service recipients. Grant levels
4    are set through consideration of personnel, supply and
5    other allowable costs, as well as other funds available to
6    the program.
7        (3) Other Funding Arrangements: funding mechanisms may
8    be established on a pilot basis in order to examine the
9    feasibility of alternative financing arrangements for the
10    provision of community services.
11    The Department shall establish and maintain an equitable
12system of payment which allows providers to improve persons
13with disabilities' capabilities for independence and reduces
14their reliance on State-operated services.
15    For services classified as entitlement services under
16federal law or guidelines, caps may not be placed on the total
17amount of payment a provider may receive in a fiscal year and
18the Department shall not require that a portion of the
19payments due be made in a subsequent fiscal year based on a
20yearly payment cap.
21    (b) (Blank). The Governor shall create a commission by
22September 1, 2009, or as soon thereafter as possible, to
23review funding methodologies, identify gaps in funding,
24identify revenue, and prioritize use of that revenue for
25community developmental disability services, mental health
26services, alcohol and substance abuse services, rehabilitation



HB5186 Engrossed- 31 -LRB102 24774 RJF 34017 b

1services, and early intervention services. The Office of the
2Governor shall provide staff support for the commission.
3    (c) (Blank). The first meeting of the commission shall be
4held within the first month after the creation and appointment
5of the commission, and a final report summarizing the
6commission's recommendations must be issued within 12 months
7after the first meeting, and no later than September 1, 2010,
8to the Governor and the General Assembly.
9    (d) (Blank). The commission shall have the following 13
10voting members:
11        (A) one member of the House of Representatives,
12    appointed by the Speaker of the House of Representatives;
13        (B) one member of the House of Representatives,
14    appointed by the House Minority Leader;
15        (C) one member of the Senate, appointed by the
16    President of the Senate;
17        (D) one member of the Senate, appointed by the Senate
18    Minority Leader;
19        (E) one person with a developmental disability, or a
20    family member or guardian of such a person, appointed by
21    the Governor;
22        (F) one person with a mental illness, or a family
23    member or guardian of such a person, appointed by the
24    Governor;
25        (G) two persons from unions that represent employees
26    of community providers that serve people with



HB5186 Engrossed- 32 -LRB102 24774 RJF 34017 b

1    developmental disabilities, mental illness, and alcohol
2    and substance abuse disorders, appointed by the Governor;
3    and
4        (H) five persons from statewide associations that
5    represent community providers that provide residential,
6    day training, and other developmental disability services,
7    mental health services, alcohol and substance abuse
8    services, rehabilitation services, or early intervention
9    services, or any combination of those, appointed by the
10    Governor.
11    The commission shall also have the following ex-officio,
12nonvoting members:
13        (I) the Director of the Governor's Office of
14    Management and Budget or his or her designee;
15        (J) the Chief Financial Officer of the Department of
16    Human Services or his or her designee;
17        (K) the Administrator of the Department of Healthcare
18    and Family Services Division of Finance or his or her
19    designee;
20        (L) the Director of the Department of Human Services
21    Division of Developmental Disabilities or his or her
22    designee;
23        (M) the Director of the Department of Human Services
24    Division of Mental Health or his or her designee; and
25        (N) the Director of the Department of Human Services
26    Division of Alcoholism and Substance Abuse or his or her



HB5186 Engrossed- 33 -LRB102 24774 RJF 34017 b

1    designee.
2    (e) The funding methodologies must reflect economic
3factors inherent in providing services and supports, recognize
4individual disability needs, and consider geographic
5differences, transportation costs, required staffing ratios,
6and mandates not currently funded.
7    (f) In accepting Department funds, providers shall
8recognize their responsibility to be accountable to the
9Department and the State for the delivery of services which
10are consistent with the philosophies and goals of this Act and
11the rules and regulations promulgated under it.
12(Source: P.A. 100-759, eff. 1-1-19.)
13    (730 ILCS 5/3-5-3 rep.)
14    (730 ILCS 5/5-8-1.3 rep.)
15    Section 55. The Unified Code of Corrections is amended by
16repealing Sections 3-5-3 and 5-8-1.3.
17    Section 60. The Workers' Compensation Act is amended by
18changing Section 18.1 as follows:
19    (820 ILCS 305/18.1)
20    Sec. 18.1. Claims by former and current employees of the
21Commission. All claims by current and former employees and
22appointees of the Commission shall be assigned to a certified
23independent arbitrator not employed by the Commission



HB5186 Engrossed- 34 -LRB102 24774 RJF 34017 b

1designated by the Chairman. In preparing the roster of
2approved certified independent arbitrators, the Chairman shall
3seek the advice and recommendation of the Commission or the
4Workers' Compensation Advisory Board at his or her discretion.
5The Chairman shall designate an arbitrator from a list of
6approved certified arbitrators provided by the Commission
7Review Board. If the Chairman is the claimant, then the
8independent arbitrator from the approved list shall be
9designated by the longest serving Commissioner. The designated
10independent arbitrator shall have the authority of arbitrators
11of the Commission regarding settlement and adjudication of the
12claim of the current and former employees and appointees of
13the Commission. The decision of the independent arbitrator
14shall become the decision of the Commission. An appeal of the
15independent arbitrator's decision shall be subject to judicial
16review in accordance with subsection (f) of Section 19.
17(Source: P.A. 97-18, eff. 6-28-11.)
18    (820 ILCS 305/14.1 rep.)
19    Section 65. The Workers' Compensation Act is amended by
20repealing Section 14.1.
21    Section 99. Effective date. This Act takes effect upon
22becoming law.