Rep. William Davis

Filed: 2/25/2022





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2    AMENDMENT NO. ______. Amend House Bill 5186 by replacing
3everything after the enacting clause with the following:
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.



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1    Section 10. The Department of Human Services Act is
2amended by changing Section 1-17 as follows:
3    (20 ILCS 1305/1-17)
4    Sec. 1-17. Inspector General.
5    (a) Nature and purpose. It is the express intent of the
6General Assembly to ensure the health, safety, and financial
7condition of individuals receiving services in this State due
8to mental illness, developmental disability, or both by
9protecting those persons from acts of abuse, neglect, or both
10by service providers. To that end, the Office of the Inspector
11General for the Department of Human Services is created to
12investigate and report upon allegations of the abuse, neglect,
13or financial exploitation of individuals receiving services
14within mental health facilities, developmental disabilities
15facilities, and community agencies operated, licensed, funded,
16or certified by the Department of Human Services, but not
17licensed or certified by any other State agency.
18    (b) Definitions. The following definitions apply to this
20    "Adult student with a disability" means an adult student,
21age 18 through 21, inclusive, with an Individual Education
22Program, other than a resident of a facility licensed by the
23Department of Children and Family Services in accordance with
24the Child Care Act of 1969. For purposes of this definition,



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1"through age 21, inclusive", means through the day before the
2student's 22nd birthday.
3    "Agency" or "community agency" means (i) a community
4agency licensed, funded, or certified by the Department, but
5not licensed or certified by any other human services agency
6of the State, to provide mental health service or
7developmental disabilities service, or (ii) a program
8licensed, funded, or certified by the Department, but not
9licensed or certified by any other human services agency of
10the State, to provide mental health service or developmental
11disabilities service.
12    "Aggravating circumstance" means a factor that is
13attendant to a finding and that tends to compound or increase
14the culpability of the accused.
15    "Allegation" means an assertion, complaint, suspicion, or
16incident involving any of the following conduct by an
17employee, facility, or agency against an individual or
18individuals: mental abuse, physical abuse, sexual abuse,
19neglect, or financial exploitation.
20    "Day" means working day, unless otherwise specified.
21    "Deflection" means a situation in which an individual is
22presented for admission to a facility or agency, and the
23facility staff or agency staff do not admit the individual.
24"Deflection" includes triage, redirection, and denial of
26    "Department" means the Department of Human Services.



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1    "Developmental disability" means "developmental
2disability" as defined in the Mental Health and Developmental
3Disabilities Code.
4    "Egregious neglect" means a finding of neglect as
5determined by the Inspector General that (i) represents a
6gross failure to adequately provide for, or a callused
7indifference to, the health, safety, or medical needs of an
8individual and (ii) results in an individual's death or other
9serious deterioration of an individual's physical condition or
10mental condition.
11    "Employee" means any person who provides services at the
12facility or agency on-site or off-site. The service
13relationship can be with the individual or with the facility
14or agency. Also, "employee" includes any employee or
15contractual agent of the Department of Human Services or the
16community agency involved in providing or monitoring or
17administering mental health or developmental disability
18services. This includes but is not limited to: owners,
19operators, payroll personnel, contractors, subcontractors, and
21    "Facility" or "State-operated facility" means a mental
22health facility or developmental disabilities facility
23operated by the Department.
24    "Financial exploitation" means taking unjust advantage of
25an individual's assets, property, or financial resources
26through deception, intimidation, or conversion for the



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1employee's, facility's, or agency's own advantage or benefit.
2    "Finding" means the Office of Inspector General's
3determination regarding whether an allegation is
4substantiated, unsubstantiated, or unfounded.
5    "Health Care Worker Registry" or "Registry" means the
6Health Care Worker Registry under the Health Care Worker
7Background Check Act.
8    "Individual" means any person receiving mental health
9service, developmental disabilities service, or both from a
10facility or agency, while either on-site or off-site.
11    "Mental abuse" means the use of demeaning, intimidating,
12or threatening words, signs, gestures, or other actions by an
13employee about an individual and in the presence of an
14individual or individuals that results in emotional distress
15or maladaptive behavior, or could have resulted in emotional
16distress or maladaptive behavior, for any individual present.
17    "Mental illness" means "mental illness" as defined in the
18Mental Health and Developmental Disabilities Code.
19    "Mentally ill" means having a mental illness.
20    "Mitigating circumstance" means a condition that (i) is
21attendant to a finding, (ii) does not excuse or justify the
22conduct in question, but (iii) may be considered in evaluating
23the severity of the conduct, the culpability of the accused,
24or both the severity of the conduct and the culpability of the
26    "Neglect" means an employee's, agency's, or facility's



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1failure to provide adequate medical care, personal care, or
2maintenance and that, as a consequence, (i) causes an
3individual pain, injury, or emotional distress, (ii) results
4in either an individual's maladaptive behavior or the
5deterioration of an individual's physical condition or mental
6condition, or (iii) places the individual's health or safety
7at substantial risk.
8    "Person with a developmental disability" means a person
9having a developmental disability.
10    "Physical abuse" means an employee's non-accidental and
11inappropriate contact with an individual that causes bodily
12harm. "Physical abuse" includes actions that cause bodily harm
13as a result of an employee directing an individual or person to
14physically abuse another individual.
15    "Recommendation" means an admonition, separate from a
16finding, that requires action by the facility, agency, or
17Department to correct a systemic issue, problem, or deficiency
18identified during an investigation.
19    "Required reporter" means any employee who suspects,
20witnesses, or is informed of an allegation of any one or more
21of the following: mental abuse, physical abuse, sexual abuse,
22neglect, or financial exploitation.
23    "Secretary" means the Chief Administrative Officer of the
25    "Sexual abuse" means any sexual contact or intimate
26physical contact between an employee and an individual,



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1including an employee's coercion or encouragement of an
2individual to engage in sexual behavior that results in sexual
3contact, intimate physical contact, sexual behavior, or
4intimate physical behavior. Sexual abuse also includes (i) an
5employee's actions that result in the sending or showing of
6sexually explicit images to an individual via computer,
7cellular phone, electronic mail, portable electronic device,
8or other media with or without contact with the individual or
9(ii) an employee's posting of sexually explicit images of an
10individual online or elsewhere whether or not there is contact
11with the individual.
12    "Sexually explicit images" includes, but is not limited
13to, any material which depicts nudity, sexual conduct, or
14sado-masochistic abuse, or which contains explicit and
15detailed verbal descriptions or narrative accounts of sexual
16excitement, sexual conduct, or sado-masochistic abuse.
17    "Substantiated" means there is a preponderance of the
18evidence to support the allegation.
19    "Unfounded" means there is no credible evidence to support
20the allegation.
21    "Unsubstantiated" means there is credible evidence, but
22less than a preponderance of evidence to support the
24    (c) Appointment. The Governor shall appoint, and the
25Senate shall confirm, an Inspector General. The Inspector
26General shall be appointed for a term of 4 years and shall



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1function within the Department of Human Services and report to
2the Secretary and the Governor.
3    (d) Operation and appropriation. The Inspector General
4shall function independently within the Department with
5respect to the operations of the Office, including the
6performance of investigations and issuance of findings and
7recommendations. The appropriation for the Office of Inspector
8General shall be separate from the overall appropriation for
9the Department.
10    (e) Powers and duties. The Inspector General shall
11investigate reports of suspected mental abuse, physical abuse,
12sexual abuse, neglect, or financial exploitation of
13individuals in any mental health or developmental disabilities
14facility or agency and shall have authority to take immediate
15action to prevent any one or more of the following from
16happening to individuals under its jurisdiction: mental abuse,
17physical abuse, sexual abuse, neglect, or financial
18exploitation. Upon written request of an agency of this State,
19the Inspector General may assist another agency of the State
20in investigating reports of the abuse, neglect, or abuse and
21neglect of persons with mental illness, persons with
22developmental disabilities, or persons with both. To comply
23with the requirements of subsection (k) of this Section, the
24Inspector General shall also review all reportable deaths for
25which there is no allegation of abuse or neglect. Nothing in
26this Section shall preempt any duties of the Medical Review



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1Board set forth in the Mental Health and Developmental
2Disabilities Code. The Inspector General shall have no
3authority to investigate alleged violations of the State
4Officials and Employees Ethics Act. Allegations of misconduct
5under the State Officials and Employees Ethics Act shall be
6referred to the Office of the Governor's Executive Inspector
7General for investigation.
8    (f) Limitations. The Inspector General shall not conduct
9an investigation within an agency or facility if that
10investigation would be redundant to or interfere with an
11investigation conducted by another State agency. The Inspector
12General shall have no supervision over, or involvement in, the
13routine programmatic, licensing, funding, or certification
14operations of the Department. Nothing in this subsection
15limits investigations by the Department that may otherwise be
16required by law or that may be necessary in the Department's
17capacity as central administrative authority responsible for
18the operation of the State's mental health and developmental
19disabilities facilities.
20    (g) Rulemaking authority. The Inspector General shall
21promulgate rules establishing minimum requirements for
22reporting allegations as well as for initiating, conducting,
23and completing investigations based upon the nature of the
24allegation or allegations. The rules shall clearly establish
25that if 2 or more State agencies could investigate an
26allegation, the Inspector General shall not conduct an



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1investigation that would be redundant to, or interfere with,
2an investigation conducted by another State agency. The rules
3shall further clarify the method and circumstances under which
4the Office of Inspector General may interact with the
5licensing, funding, or certification units of the Department
6in preventing further occurrences of mental abuse, physical
7abuse, sexual abuse, neglect, egregious neglect, and financial
9    (h) Training programs. The Inspector General shall (i)
10establish a comprehensive program to ensure that every person
11authorized to conduct investigations receives ongoing training
12relative to investigation techniques, communication skills,
13and the appropriate means of interacting with persons
14receiving treatment for mental illness, developmental
15disability, or both mental illness and developmental
16disability, and (ii) establish and conduct periodic training
17programs for facility and agency employees concerning the
18prevention and reporting of any one or more of the following:
19mental abuse, physical abuse, sexual abuse, neglect, egregious
20neglect, or financial exploitation. The Inspector General
21shall further ensure (i) every person authorized to conduct
22investigations at community agencies receives ongoing training
23in Title 59, Parts 115, 116, and 119 of the Illinois
24Administrative Code, and (ii) every person authorized to
25conduct investigations shall receive ongoing training in Title
2659, Part 50 of the Illinois Administrative Code. Nothing in



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



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1    colluding with other employees to provide false
2    information to an Office of the Inspector General
3    investigator, (v) destroying evidence, (vi) withholding
4    evidence, or (vii) otherwise obstructing an Office of the
5    Inspector General investigation. Additionally, any
6    employee who, during an unannounced site visit or written
7    response compliance check, fails to cooperate with
8    requests from the Office of the Inspector General is in
9    violation of this Act.
10    (j) Subpoena powers. The Inspector General shall have the
11power to subpoena witnesses and compel the production of all
12documents and physical evidence relating to his or her
13investigations and any hearings authorized by this Act. This
14subpoena power shall not extend to persons or documents of a
15labor organization or its representatives insofar as the
16persons are acting in a representative capacity to an employee
17whose conduct is the subject of an investigation or the
18documents relate to that representation. Any person who
19otherwise fails to respond to a subpoena or who knowingly
20provides false information to the Office of the Inspector
21General by subpoena during an investigation is guilty of a
22Class A misdemeanor.
23    (k) Reporting allegations and deaths.
24        (1) Allegations. If an employee witnesses, is told of,
25    or has reason to believe an incident of mental abuse,
26    physical abuse, sexual abuse, neglect, or financial



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1    exploitation has occurred, the employee, agency, or
2    facility shall report the allegation by phone to the
3    Office of the Inspector General hotline according to the
4    agency's or facility's procedures, but in no event later
5    than 4 hours after the initial discovery of the incident,
6    allegation, or suspicion of any one or more of the
7    following: mental abuse, physical abuse, sexual abuse,
8    neglect, or financial exploitation. A required reporter as
9    defined in subsection (b) of this Section who knowingly or
10    intentionally fails to comply with these reporting
11    requirements is guilty of a Class A misdemeanor.
12        (2) Deaths. Absent an allegation, a required reporter
13    shall, within 24 hours after initial discovery, report by
14    phone to the Office of the Inspector General hotline each
15    of the following:
16            (i) Any death of an individual occurring within 14
17        calendar days after discharge or transfer of the
18        individual from a residential program or facility.
19            (ii) Any death of an individual occurring within
20        24 hours after deflection from a residential program
21        or facility.
22            (iii) Any other death of an individual occurring
23        at an agency or facility or at any Department-funded
24        site.
25        (3) Retaliation. It is a violation of this Act for any
26    employee or administrator of an agency or facility to take



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1    retaliatory action against an employee who acts in good
2    faith in conformance with his or her duties as a required
3    reporter.
4    (l) Reporting to law enforcement. (1) Reporting criminal
5acts. Within 24 hours after determining that there is credible
6evidence indicating that a criminal act may have been
7committed or that special expertise may be required in an
8investigation, the Inspector General shall notify the Illinois
9State Police or other appropriate law enforcement authority,
10or ensure that such notification is made. The Illinois State
11Police shall investigate any report from a State-operated
12facility indicating a possible murder, sexual assault, or
13other felony by an employee. All investigations conducted by
14the Inspector General shall be conducted in a manner designed
15to ensure the preservation of evidence for possible use in a
16criminal prosecution.
17        (2) Reporting allegations of adult students with
18    disabilities. Upon receipt of a reportable allegation
19    regarding an adult student with a disability, the
20    Department's Office of the Inspector General shall
21    determine whether the allegation meets the criteria for
22    the Domestic Abuse Program under the Abuse of Adults with
23    Disabilities Intervention Act. If the allegation is
24    reportable to that program, the Office of the Inspector
25    General shall initiate an investigation. If the allegation
26    is not reportable to the Domestic Abuse Program, the



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1    Office of the Inspector General shall make an expeditious
2    referral to the respective law enforcement entity. If the
3    alleged victim is already receiving services from the
4    Department, the Office of the Inspector General shall also
5    make a referral to the respective Department of Human
6    Services' Division or Bureau.
7    (m) Investigative reports. Upon completion of an
8investigation, the Office of Inspector General shall issue an
9investigative report identifying whether the allegations are
10substantiated, unsubstantiated, or unfounded. Within 10
11business days after the transmittal of a completed
12investigative report substantiating an allegation, finding an
13allegation is unsubstantiated, or if a recommendation is made,
14the Inspector General shall provide the investigative report
15on the case to the Secretary and to the director of the
16facility or agency where any one or more of the following
17occurred: mental abuse, physical abuse, sexual abuse, neglect,
18egregious neglect, or financial exploitation. The director of
19the facility or agency shall be responsible for maintaining
20the confidentiality of the investigative report consistent
21with State and federal law. In a substantiated case, the
22investigative report shall include any mitigating or
23aggravating circumstances that were identified during the
24investigation. If the case involves substantiated neglect, the
25investigative report shall also state whether egregious
26neglect was found. An investigative report may also set forth



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1recommendations. All investigative reports prepared by the
2Office of the Inspector General shall be considered
3confidential and shall not be released except as provided by
4the law of this State or as required under applicable federal
5law. Unsubstantiated and unfounded reports shall not be
6disclosed except as allowed under Section 6 of the Abused and
7Neglected Long Term Care Facility Residents Reporting Act. Raw
8data used to compile the investigative report shall not be
9subject to release unless required by law or a court order.
10"Raw data used to compile the investigative report" includes,
11but is not limited to, any one or more of the following: the
12initial complaint, witness statements, photographs,
13investigator's notes, police reports, or incident reports. If
14the allegations are substantiated, the victim, the victim's
15guardian, and the accused shall be provided with a redacted
16copy of the investigative report. Death reports where there
17was no allegation of abuse or neglect shall only be released
18pursuant to applicable State or federal law or a valid court
19order. Unredacted investigative reports, as well as raw data,
20may be shared with a local law enforcement entity, a State's
21Attorney's office, or a county coroner's office upon written
23    (n) Written responses, clarification requests, and
24reconsideration requests.
25        (1) Written responses. Within 30 calendar days from
26    receipt of a substantiated investigative report or an



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1    investigative report which contains recommendations,
2    absent a reconsideration request, the facility or agency
3    shall file a written response that addresses, in a concise
4    and reasoned manner, the actions taken to: (i) protect the
5    individual; (ii) prevent recurrences; and (iii) eliminate
6    the problems identified. The response shall include the
7    implementation and completion dates of such actions. If
8    the written response is not filed within the allotted 30
9    calendar day period, the Secretary shall determine the
10    appropriate corrective action to be taken.
11        (2) Requests for clarification. The facility, agency,
12    victim or guardian, or the subject employee may request
13    that the Office of Inspector General clarify the finding
14    or findings for which clarification is sought.
15        (3) Requests for reconsideration. The facility,
16    agency, victim or guardian, or the subject employee may
17    request that the Office of the Inspector General
18    reconsider the finding or findings or the recommendations.
19    A request for reconsideration shall be subject to a
20    multi-layer review and shall include at least one reviewer
21    who did not participate in the investigation or approval
22    of the original investigative report. After the
23    multi-layer review process has been completed, the
24    Inspector General shall make the final determination on
25    the reconsideration request. The investigation shall be
26    reopened if the reconsideration determination finds that



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1    additional information is needed to complete the
2    investigative record.
3    (o) Disclosure of the finding by the Inspector General.
4The Inspector General shall disclose the finding of an
5investigation to the following persons: (i) the Governor, (ii)
6the Secretary, (iii) the director of the facility or agency,
7(iv) the alleged victims and their guardians, (v) the
8complainant, and (vi) the accused. This information shall
9include whether the allegations were deemed substantiated,
10unsubstantiated, or unfounded.
11    (p) Secretary review. Upon review of the Inspector
12General's investigative report and any agency's or facility's
13written response, the Secretary shall accept or reject the
14written response and notify the Inspector General of that
15determination. The Secretary may further direct that other
16administrative action be taken, including, but not limited to,
17any one or more of the following: (i) additional site visits,
18(ii) training, (iii) provision of technical assistance
19relative to administrative needs, licensure, or certification,
20or (iv) the imposition of appropriate sanctions.
21    (q) Action by facility or agency. Within 30 days of the
22date the Secretary approves the written response or directs
23that further administrative action be taken, the facility or
24agency shall provide an implementation report to the Inspector
25General that provides the status of the action taken. The
26facility or agency shall be allowed an additional 30 days to



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1send notice of completion of the action or to send an updated
2implementation report. If the action has not been completed
3within the additional 30-day period, the facility or agency
4shall send updated implementation reports every 60 days until
5completion. The Inspector General shall conduct a review of
6any implementation plan that takes more than 120 days after
7approval to complete, and shall monitor compliance through a
8random review of approved written responses, which may
9include, but are not limited to: (i) site visits, (ii)
10telephone contact, and (iii) requests for additional
11documentation evidencing compliance.
12    (r) Sanctions. Sanctions, if imposed by the Secretary
13under Subdivision (p)(iv) of this Section, shall be designed
14to prevent further acts of mental abuse, physical abuse,
15sexual abuse, neglect, egregious neglect, or financial
16exploitation or some combination of one or more of those acts
17at a facility or agency, and may include any one or more of the
19        (1) Appointment of on-site monitors.
20        (2) Transfer or relocation of an individual or
21    individuals.
22        (3) Closure of units.
23        (4) Termination of any one or more of the following:
24    (i) Department licensing, (ii) funding, or (iii)
25    certification.
26    The Inspector General may seek the assistance of the



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1Illinois Attorney General or the office of any State's
2Attorney in implementing sanctions.
3    (s) Health Care Worker Registry.
4        (1) Reporting to the Registry. The Inspector General
5    shall report to the Department of Public Health's Health
6    Care Worker Registry, a public registry, the identity and
7    finding of each employee of a facility or agency against
8    whom there is a final investigative report containing a
9    substantiated allegation of physical or sexual abuse,
10    financial exploitation, or egregious neglect of an
11    individual.
12        (2) Notice to employee. Prior to reporting the name of
13    an employee, the employee shall be notified of the
14    Department's obligation to report and shall be granted an
15    opportunity to request an administrative hearing, the sole
16    purpose of which is to determine if the substantiated
17    finding warrants reporting to the Registry. Notice to the
18    employee shall contain a clear and concise statement of
19    the grounds on which the report to the Registry is based,
20    offer the employee an opportunity for a hearing, and
21    identify the process for requesting such a hearing. Notice
22    is sufficient if provided by certified mail to the
23    employee's last known address. If the employee fails to
24    request a hearing within 30 days from the date of the
25    notice, the Inspector General shall report the name of the
26    employee to the Registry. Nothing in this subdivision



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1    (s)(2) shall diminish or impair the rights of a person who
2    is a member of a collective bargaining unit under the
3    Illinois Public Labor Relations Act or under any other
4    federal labor statute.
5        (3) Registry hearings. If the employee requests an
6    administrative hearing, the employee shall be granted an
7    opportunity to appear before an administrative law judge
8    to present reasons why the employee's name should not be
9    reported to the Registry. The Department shall bear the
10    burden of presenting evidence that establishes, by a
11    preponderance of the evidence, that the substantiated
12    finding warrants reporting to the Registry. After
13    considering all the evidence presented, the administrative
14    law judge shall make a recommendation to the Secretary as
15    to whether the substantiated finding warrants reporting
16    the name of the employee to the Registry. The Secretary
17    shall render the final decision. The Department and the
18    employee shall have the right to request that the
19    administrative law judge consider a stipulated disposition
20    of these proceedings.
21        (4) Testimony at Registry hearings. A person who makes
22    a report or who investigates a report under this Act shall
23    testify fully in any judicial proceeding resulting from
24    such a report, as to any evidence of abuse or neglect, or
25    the cause thereof. No evidence shall be excluded by reason
26    of any common law or statutory privilege relating to



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1    communications between the alleged perpetrator of abuse or
2    neglect, or the individual alleged as the victim in the
3    report, and the person making or investigating the report.
4    Testimony at hearings is exempt from the confidentiality
5    requirements of subsection (f) of Section 10 of the Mental
6    Health and Developmental Disabilities Confidentiality Act.
7        (5) Employee's rights to collateral action. No
8    reporting to the Registry shall occur and no hearing shall
9    be set or proceed if an employee notifies the Inspector
10    General in writing, including any supporting
11    documentation, that he or she is formally contesting an
12    adverse employment action resulting from a substantiated
13    finding by complaint filed with the Illinois Civil Service
14    Commission, or which otherwise seeks to enforce the
15    employee's rights pursuant to any applicable collective
16    bargaining agreement. If an action taken by an employer
17    against an employee as a result of a finding of physical
18    abuse, sexual abuse, or egregious neglect is overturned
19    through an action filed with the Illinois Civil Service
20    Commission or under any applicable collective bargaining
21    agreement and if that employee's name has already been
22    sent to the Registry, the employee's name shall be removed
23    from the Registry.
24        (6) Removal from Registry. At any time after the
25    report to the Registry, but no more than once in any
26    12-month period, an employee may petition the Department



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1    in writing to remove his or her name from the Registry.
2    Upon receiving notice of such request, the Inspector
3    General shall conduct an investigation into the petition.
4    Upon receipt of such request, an administrative hearing
5    will be set by the Department. At the hearing, the
6    employee shall bear the burden of presenting evidence that
7    establishes, by a preponderance of the evidence, that
8    removal of the name from the Registry is in the public
9    interest. The parties may jointly request that the
10    administrative law judge consider a stipulated disposition
11    of these proceedings.
12    (t) Review of Administrative Decisions. The Department
13shall preserve a record of all proceedings at any formal
14hearing conducted by the Department involving Health Care
15Worker Registry hearings. Final administrative decisions of
16the Department are subject to judicial review pursuant to
17provisions of the Administrative Review Law.
18    (u) Quality Care Board. There is created, within the
19Office of the Inspector General, a Quality Care Board to be
20composed of 7 members appointed by the Governor with the
21advice and consent of the Senate. One of the members shall be
22designated as chairman by the Governor. Of the initial
23appointments made by the Governor, 4 Board members shall each
24be appointed for a term of 4 years and 3 members shall each be
25appointed for a term of 2 years. Upon the expiration of each
26member's term, a successor shall be appointed for a term of 4



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1years. In the case of a vacancy in the office of any member,
2the Governor shall appoint a successor for the remainder of
3the unexpired term.
4    Members appointed by the Governor shall be qualified by
5professional knowledge or experience in the area of law,
6investigatory techniques, or in the area of care of the
7mentally ill or care of persons with developmental
8disabilities. Two members appointed by the Governor shall be
9persons with a disability or parents of persons with a
10disability. Members shall serve without compensation, but
11shall be reimbursed for expenses incurred in connection with
12the performance of their duties as members.
13    The Board shall meet quarterly, and may hold other
14meetings on the call of the chairman. Four members shall
15constitute a quorum allowing the Board to conduct its
16business. The Board may adopt rules and regulations it deems
17necessary to govern its own procedures.
18    The Board shall monitor and oversee the operations,
19policies, and procedures of the Inspector General to ensure
20the prompt and thorough investigation of allegations of
21neglect and abuse. In fulfilling these responsibilities, the
22Board may do the following:
23        (1) Provide independent, expert consultation to the
24    Inspector General on policies and protocols for
25    investigations of alleged abuse, neglect, or both abuse
26    and neglect.



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1        (2) Review existing regulations relating to the
2    operation of facilities.
3        (3) Advise the Inspector General as to the content of
4    training activities authorized under this Section.
5        (4) Recommend policies concerning methods for
6    improving the intergovernmental relationships between the
7    Office of the Inspector General and other State or federal
8    offices.
9    (v) Annual report. The Inspector General shall provide to
10the General Assembly and the Governor, no later than January 1
11of each year, a summary of reports and investigations made
12under this Act for the prior fiscal year with respect to
13individuals receiving mental health or developmental
14disabilities services. The report shall detail the imposition
15of sanctions, if any, and the final disposition of any
16corrective or administrative action directed by the Secretary.
17The summaries shall not contain any confidential or
18identifying information of any individual, but shall include
19objective data identifying any trends in the number of
20reported allegations, the timeliness of the Office of the
21Inspector General's investigations, and their disposition, for
22each facility and Department-wide, for the most recent 3-year
23time period. The report shall also identify, by facility, the
24staff-to-patient ratios taking account of direct care staff
25only. The report shall also include detailed recommended
26administrative actions and matters for consideration by the



10200HB5186ham001- 26 -LRB102 24774 RJF 36921 a

1General Assembly.
2    (w) Program audit. The Auditor General shall conduct a
3program audit of the Office of the Inspector General on an
4as-needed basis, as determined by the Auditor General. The
5audit shall specifically include the Inspector General's
6compliance with the Act and effectiveness in investigating
7reports of allegations occurring in any facility or agency.
8The Auditor General shall conduct the program audit according
9to the provisions of the Illinois State Auditing Act and shall
10report its findings to the General Assembly no later than
11January 1 following the audit period.
12    (x) Nothing in this Section shall be construed to mean
13that an individual is a victim of abuse or neglect because of
14health care services appropriately provided or not provided by
15health care professionals.
16    (y) Nothing in this Section shall require a facility,
17including its employees, agents, medical staff members, and
18health care professionals, to provide a service to an
19individual in contravention of that individual's stated or
20implied objection to the provision of that service on the
21ground that that service conflicts with the individual's
22religious beliefs or practices, nor shall the failure to
23provide a service to an individual be considered abuse under
24this Section if the individual has objected to the provision
25of that service based on his or her religious beliefs or



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1(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.)
2    (20 ILCS 2712/Act rep.)
3    Section 15. The Broadband Access on Passenger Rail Law is
5    (20 ILCS 3930/7.6 rep.)
6    Section 20. The Illinois Criminal Justice Information Act
7is amended by repealing Section 7.6.
8    (20 ILCS 5035/Act rep.)
9    Section 25. The Illinois Human Services Commission Act is
11    (30 ILCS 105/5h rep.)
12    Section 30. The State Finance Act is amended by repealing
13Section 5h.
14    Section 35. The Illinois Procurement Code is amended by
15changing Section 25-55 as follows:
16    (30 ILCS 500/25-55)
17    Sec. 25-55. Annual reports. Every printed annual report
18produced by a State agency shall bear a statement indicating
19whether it was printed by the State of Illinois or by contract
20and indicating the printing cost per copy and the number of



10200HB5186ham001- 28 -LRB102 24774 RJF 36921 a

1copies printed. The Department of Central Management Services
2shall prepare and submit to the General Assembly on the fourth
3Wednesday of January in each year a report setting forth with
4respect to each State agency for the calendar year immediately
5preceding the calendar year in which the report is filed the
6total quantity of annual reports printed, the total cost, and
7the cost per copy and the cost per page of the annual report of
8the State agency printed during the calendar year covered by
9the report.
10(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
11    (205 ILCS 405/3.2 rep.)
12    Section 40. The Currency Exchange Act is amended by
13repealing Section 3.2.
14    Section 45. The Grain Code is amended by changing Section
1530-25 as follows:
16    (240 ILCS 40/30-25)
17    Sec. 30-25. Grain Insurance Reserve Fund. Upon payment in
18full of all money that has been transferred to the Fund prior
19to June 30, 2003 from the General Revenue Fund as provided for
20under subsection (h) of Section 25-20, the State of Illinois
21shall, subject to appropriation, remit $2,000,000 to the
22Corporation to be held in a separate and discrete account to be
23used to the extent the assets in the Fund are insufficient to



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1satisfy claimants as payment of their claims become due as set
2forth in subsection (h) of Section 25-20. The remittance of
3the $2,000,000 reserve shall be made to the Corporation within
460 days of payment in full of all money transferred to the Fund
5as set forth above in this Section 30-25. All income received
6by the Reserve Fund shall be deposited in the Fund within 35
7days of the end of each calendar quarter.
8(Source: P.A. 93-225, eff. 7-21-03.)
9    Section 50. The Community Services Act is amended by
10changing Section 4 as follows:
11    (405 ILCS 30/4)  (from Ch. 91 1/2, par. 904)
12    Sec. 4. Financing for community services.
13    (a) The Department of Human Services is authorized to
14provide financial reimbursement to eligible private service
15providers, corporations, local government entities or
16voluntary associations for the provision of services to
17persons with mental illness, persons with a developmental
18disability, and persons with substance use disorders who are
19living in the community for the purpose of achieving the goals
20of this Act.
21    The Department shall utilize the following funding
22mechanisms for community services:
23        (1) Purchase of Care Contracts: services purchased on
24    a predetermined fee per unit of service basis from private



10200HB5186ham001- 30 -LRB102 24774 RJF 36921 a

1    providers or governmental entities. Fee per service rates
2    are set by an established formula which covers some
3    portion of personnel, supplies, and other allowable costs,
4    and which makes some allowance for geographic variations
5    in costs as well as for additional program components.
6        (2) Grants: sums of money which the Department grants
7    to private providers or governmental entities pursuant to
8    the grant recipient's agreement to provide certain
9    services, as defined by departmental grant guidelines, to
10    an approximate number of service recipients. Grant levels
11    are set through consideration of personnel, supply and
12    other allowable costs, as well as other funds available to
13    the program.
14        (3) Other Funding Arrangements: funding mechanisms may
15    be established on a pilot basis in order to examine the
16    feasibility of alternative financing arrangements for the
17    provision of community services.
18    The Department shall establish and maintain an equitable
19system of payment which allows providers to improve persons
20with disabilities' capabilities for independence and reduces
21their reliance on State-operated services.
22    For services classified as entitlement services under
23federal law or guidelines, caps may not be placed on the total
24amount of payment a provider may receive in a fiscal year and
25the Department shall not require that a portion of the
26payments due be made in a subsequent fiscal year based on a



10200HB5186ham001- 31 -LRB102 24774 RJF 36921 a

1yearly payment cap.
2    (b) (Blank). The Governor shall create a commission by
3September 1, 2009, or as soon thereafter as possible, to
4review funding methodologies, identify gaps in funding,
5identify revenue, and prioritize use of that revenue for
6community developmental disability services, mental health
7services, alcohol and substance abuse services, rehabilitation
8services, and early intervention services. The Office of the
9Governor shall provide staff support for the commission.
10    (c) (Blank). The first meeting of the commission shall be
11held within the first month after the creation and appointment
12of the commission, and a final report summarizing the
13commission's recommendations must be issued within 12 months
14after the first meeting, and no later than September 1, 2010,
15to the Governor and the General Assembly.
16    (d) (Blank). The commission shall have the following 13
17voting members:
18        (A) one member of the House of Representatives,
19    appointed by the Speaker of the House of Representatives;
20        (B) one member of the House of Representatives,
21    appointed by the House Minority Leader;
22        (C) one member of the Senate, appointed by the
23    President of the Senate;
24        (D) one member of the Senate, appointed by the Senate
25    Minority Leader;
26        (E) one person with a developmental disability, or a



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



10200HB5186ham001- 33 -LRB102 24774 RJF 36921 a

1        (L) the Director of the Department of Human Services
2    Division of Developmental Disabilities or his or her
3    designee;
4        (M) the Director of the Department of Human Services
5    Division of Mental Health or his or her designee; and
6        (N) the Director of the Department of Human Services
7    Division of Alcoholism and Substance Abuse or his or her
8    designee.
9    (e) The funding methodologies must reflect economic
10factors inherent in providing services and supports, recognize
11individual disability needs, and consider geographic
12differences, transportation costs, required staffing ratios,
13and mandates not currently funded.
14    (f) In accepting Department funds, providers shall
15recognize their responsibility to be accountable to the
16Department and the State for the delivery of services which
17are consistent with the philosophies and goals of this Act and
18the rules and regulations promulgated under it.
19(Source: P.A. 100-759, eff. 1-1-19.)
20    (730 ILCS 5/3-5-3 rep.)
21    (730 ILCS 5/5-8-1.3 rep.)
22    Section 55. The Unified Code of Corrections is amended by
23repealing Sections 3-5-3 and 5-8-1.3.
24    Section 60. The Workers' Compensation Act is amended by



10200HB5186ham001- 34 -LRB102 24774 RJF 36921 a

1changing Section 18.1 as follows:
2    (820 ILCS 305/18.1)
3    Sec. 18.1. Claims by former and current employees of the
4Commission. All claims by current and former employees and
5appointees of the Commission shall be assigned to a certified
6independent arbitrator not employed by the Commission
7designated by the Chairman. In preparing the roster of
8approved certified independent arbitrators, the Chairman shall
9seek the advice and recommendation of the Commission or the
10Workers' Compensation Advisory Board at his or her discretion.
11The Chairman shall designate an arbitrator from a list of
12approved certified arbitrators provided by the Commission
13Review Board. If the Chairman is the claimant, then the
14independent arbitrator from the approved list shall be
15designated by the longest serving Commissioner. The designated
16independent arbitrator shall have the authority of arbitrators
17of the Commission regarding settlement and adjudication of the
18claim of the current and former employees and appointees of
19the Commission. The decision of the independent arbitrator
20shall become the decision of the Commission. An appeal of the
21independent arbitrator's decision shall be subject to judicial
22review in accordance with subsection (f) of Section 19.
23(Source: P.A. 97-18, eff. 6-28-11.)
24    (820 ILCS 305/14.1 rep.)



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1    Section 65. The Workers' Compensation Act is amended by
2repealing Section 14.1.
3    Section 99. Effective date. This Act takes effect upon
4becoming law.".