Sen. Napoleon Harris, III

Filed: 3/18/2022





10200HB5186sam001LRB102 24774 DTM 37564 a


2    AMENDMENT NO. ______. Amend House Bill 5186 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Act on the Aging is amended by
5changing Section 4.02 as follows:
6    (20 ILCS 105/4.02)  (from Ch. 23, par. 6104.02)
7    Sec. 4.02. Community Care Program. The Department shall
8establish a program of services to prevent unnecessary
9institutionalization of persons age 60 and older in need of
10long term care or who are established as persons who suffer
11from Alzheimer's disease or a related disorder under the
12Alzheimer's Disease Assistance Act, thereby enabling them to
13remain in their own homes or in other living arrangements.
14Such preventive services, which may be coordinated with other
15programs for the aged and monitored by area agencies on aging
16in cooperation with the Department, may include, but are not



10200HB5186sam001- 2 -LRB102 24774 DTM 37564 a

1limited to, any or all of the following:
2        (a) (blank);
3        (b) (blank);
4        (c) home care aide services;
5        (d) personal assistant services;
6        (e) adult day services;
7        (f) home-delivered meals;
8        (g) education in self-care;
9        (h) personal care services;
10        (i) adult day health services;
11        (j) habilitation services;
12        (k) respite care;
13        (k-5) community reintegration services;
14        (k-6) flexible senior services;
15        (k-7) medication management;
16        (k-8) emergency home response;
17        (l) other nonmedical social services that may enable
18    the person to become self-supporting; or
19        (m) clearinghouse for information provided by senior
20    citizen home owners who want to rent rooms to or share
21    living space with other senior citizens.
22    The Department shall establish eligibility standards for
23such services. In determining the amount and nature of
24services for which a person may qualify, consideration shall
25not be given to the value of cash, property or other assets
26held in the name of the person's spouse pursuant to a written



10200HB5186sam001- 3 -LRB102 24774 DTM 37564 a

1agreement dividing marital property into equal but separate
2shares or pursuant to a transfer of the person's interest in a
3home to his spouse, provided that the spouse's share of the
4marital property is not made available to the person seeking
5such services.
6    Beginning January 1, 2008, the Department shall require as
7a condition of eligibility that all new financially eligible
8applicants apply for and enroll in medical assistance under
9Article V of the Illinois Public Aid Code in accordance with
10rules promulgated by the Department.
11    The Department shall, in conjunction with the Department
12of Public Aid (now Department of Healthcare and Family
13Services), seek appropriate amendments under Sections 1915 and
141924 of the Social Security Act. The purpose of the amendments
15shall be to extend eligibility for home and community based
16services under Sections 1915 and 1924 of the Social Security
17Act to persons who transfer to or for the benefit of a spouse
18those amounts of income and resources allowed under Section
191924 of the Social Security Act. Subject to the approval of
20such amendments, the Department shall extend the provisions of
21Section 5-4 of the Illinois Public Aid Code to persons who, but
22for the provision of home or community-based services, would
23require the level of care provided in an institution, as is
24provided for in federal law. Those persons no longer found to
25be eligible for receiving noninstitutional services due to
26changes in the eligibility criteria shall be given 45 days



10200HB5186sam001- 4 -LRB102 24774 DTM 37564 a

1notice prior to actual termination. Those persons receiving
2notice of termination may contact the Department and request
3the determination be appealed at any time during the 45 day
4notice period. The target population identified for the
5purposes of this Section are persons age 60 and older with an
6identified service need. Priority shall be given to those who
7are at imminent risk of institutionalization. The services
8shall be provided to eligible persons age 60 and older to the
9extent that the cost of the services together with the other
10personal maintenance expenses of the persons are reasonably
11related to the standards established for care in a group
12facility appropriate to the person's condition. These
13non-institutional services, pilot projects or experimental
14facilities may be provided as part of or in addition to those
15authorized by federal law or those funded and administered by
16the Department of Human Services. The Departments of Human
17Services, Healthcare and Family Services, Public Health,
18Veterans' Affairs, and Commerce and Economic Opportunity and
19other appropriate agencies of State, federal and local
20governments shall cooperate with the Department on Aging in
21the establishment and development of the non-institutional
22services. The Department shall require an annual audit from
23all personal assistant and home care aide vendors contracting
24with the Department under this Section. The annual audit shall
25assure that each audited vendor's procedures are in compliance
26with Department's financial reporting guidelines requiring an



10200HB5186sam001- 5 -LRB102 24774 DTM 37564 a

1administrative and employee wage and benefits cost split as
2defined in administrative rules. The audit is a public record
3under the Freedom of Information Act. The Department shall
4execute, relative to the nursing home prescreening project,
5written inter-agency agreements with the Department of Human
6Services and the Department of Healthcare and Family Services,
7to effect the following: (1) intake procedures and common
8eligibility criteria for those persons who are receiving
9non-institutional services; and (2) the establishment and
10development of non-institutional services in areas of the
11State where they are not currently available or are
12undeveloped. On and after July 1, 1996, all nursing home
13prescreenings for individuals 60 years of age or older shall
14be conducted by the Department.
15    As part of the Department on Aging's routine training of
16case managers and case manager supervisors, the Department may
17include information on family futures planning for persons who
18are age 60 or older and who are caregivers of their adult
19children with developmental disabilities. The content of the
20training shall be at the Department's discretion.
21    The Department is authorized to establish a system of
22recipient copayment for services provided under this Section,
23such copayment to be based upon the recipient's ability to pay
24but in no case to exceed the actual cost of the services
25provided. Additionally, any portion of a person's income which
26is equal to or less than the federal poverty standard shall not



10200HB5186sam001- 6 -LRB102 24774 DTM 37564 a

1be considered by the Department in determining the copayment.
2The level of such copayment shall be adjusted whenever
3necessary to reflect any change in the officially designated
4federal poverty standard.
5    The Department, or the Department's authorized
6representative, may recover the amount of moneys expended for
7services provided to or in behalf of a person under this
8Section by a claim against the person's estate or against the
9estate of the person's surviving spouse, but no recovery may
10be had until after the death of the surviving spouse, if any,
11and then only at such time when there is no surviving child who
12is under age 21 or blind or who has a permanent and total
13disability. This paragraph, however, shall not bar recovery,
14at the death of the person, of moneys for services provided to
15the person or in behalf of the person under this Section to
16which the person was not entitled; provided that such recovery
17shall not be enforced against any real estate while it is
18occupied as a homestead by the surviving spouse or other
19dependent, if no claims by other creditors have been filed
20against the estate, or, if such claims have been filed, they
21remain dormant for failure of prosecution or failure of the
22claimant to compel administration of the estate for the
23purpose of payment. This paragraph shall not bar recovery from
24the estate of a spouse, under Sections 1915 and 1924 of the
25Social Security Act and Section 5-4 of the Illinois Public Aid
26Code, who precedes a person receiving services under this



10200HB5186sam001- 7 -LRB102 24774 DTM 37564 a

1Section in death. All moneys for services paid to or in behalf
2of the person under this Section shall be claimed for recovery
3from the deceased spouse's estate. "Homestead", as used in
4this paragraph, means the dwelling house and contiguous real
5estate occupied by a surviving spouse or relative, as defined
6by the rules and regulations of the Department of Healthcare
7and Family Services, regardless of the value of the property.
8    The Department shall increase the effectiveness of the
9existing Community Care Program by:
10        (1) ensuring that in-home services included in the
11    care plan are available on evenings and weekends;
12        (2) ensuring that care plans contain the services that
13    eligible participants need based on the number of days in
14    a month, not limited to specific blocks of time, as
15    identified by the comprehensive assessment tool selected
16    by the Department for use statewide, not to exceed the
17    total monthly service cost maximum allowed for each
18    service; the Department shall develop administrative rules
19    to implement this item (2);
20        (3) ensuring that the participants have the right to
21    choose the services contained in their care plan and to
22    direct how those services are provided, based on
23    administrative rules established by the Department;
24        (4) ensuring that the determination of need tool is
25    accurate in determining the participants' level of need;
26    to achieve this, the Department, in conjunction with the



10200HB5186sam001- 8 -LRB102 24774 DTM 37564 a

1    Older Adult Services Advisory Committee, shall institute a
2    study of the relationship between the Determination of
3    Need scores, level of need, service cost maximums, and the
4    development and utilization of service plans no later than
5    May 1, 2008; findings and recommendations shall be
6    presented to the Governor and the General Assembly no
7    later than January 1, 2009; recommendations shall include
8    all needed changes to the service cost maximums schedule
9    and additional covered services;
10        (5) ensuring that homemakers can provide personal care
11    services that may or may not involve contact with clients,
12    including but not limited to:
13            (A) bathing;
14            (B) grooming;
15            (C) toileting;
16            (D) nail care;
17            (E) transferring;
18            (F) respiratory services;
19            (G) exercise; or
20            (H) positioning;
21        (6) ensuring that homemaker program vendors are not
22    restricted from hiring homemakers who are family members
23    of clients or recommended by clients; the Department may
24    not, by rule or policy, require homemakers who are family
25    members of clients or recommended by clients to accept
26    assignments in homes other than the client;



10200HB5186sam001- 9 -LRB102 24774 DTM 37564 a

1        (7) ensuring that the State may access maximum federal
2    matching funds by seeking approval for the Centers for
3    Medicare and Medicaid Services for modifications to the
4    State's home and community based services waiver and
5    additional waiver opportunities, including applying for
6    enrollment in the Balance Incentive Payment Program by May
7    1, 2013, in order to maximize federal matching funds; this
8    shall include, but not be limited to, modification that
9    reflects all changes in the Community Care Program
10    services and all increases in the services cost maximum;
11        (8) ensuring that the determination of need tool
12    accurately reflects the service needs of individuals with
13    Alzheimer's disease and related dementia disorders;
14        (9) ensuring that services are authorized accurately
15    and consistently for the Community Care Program (CCP); the
16    Department shall implement a Service Authorization policy
17    directive; the purpose shall be to ensure that eligibility
18    and services are authorized accurately and consistently in
19    the CCP program; the policy directive shall clarify
20    service authorization guidelines to Care Coordination
21    Units and Community Care Program providers no later than
22    May 1, 2013;
23        (10) working in conjunction with Care Coordination
24    Units, the Department of Healthcare and Family Services,
25    the Department of Human Services, Community Care Program
26    providers, and other stakeholders to make improvements to



10200HB5186sam001- 10 -LRB102 24774 DTM 37564 a

1    the Medicaid claiming processes and the Medicaid
2    enrollment procedures or requirements as needed,
3    including, but not limited to, specific policy changes or
4    rules to improve the up-front enrollment of participants
5    in the Medicaid program and specific policy changes or
6    rules to insure more prompt submission of bills to the
7    federal government to secure maximum federal matching
8    dollars as promptly as possible; the Department on Aging
9    shall have at least 3 meetings with stakeholders by
10    January 1, 2014 in order to address these improvements;
11        (11) requiring home care service providers to comply
12    with the rounding of hours worked provisions under the
13    federal Fair Labor Standards Act (FLSA) and as set forth
14    in 29 CFR 785.48(b) by May 1, 2013;
15        (12) implementing any necessary policy changes or
16    promulgating any rules, no later than January 1, 2014, to
17    assist the Department of Healthcare and Family Services in
18    moving as many participants as possible, consistent with
19    federal regulations, into coordinated care plans if a care
20    coordination plan that covers long term care is available
21    in the recipient's area; and
22        (13) maintaining fiscal year 2014 rates at the same
23    level established on January 1, 2013.
24    By January 1, 2009 or as soon after the end of the Cash and
25Counseling Demonstration Project as is practicable, the
26Department may, based on its evaluation of the demonstration



10200HB5186sam001- 11 -LRB102 24774 DTM 37564 a

1project, promulgate rules concerning personal assistant
2services, to include, but need not be limited to,
3qualifications, employment screening, rights under fair labor
4standards, training, fiduciary agent, and supervision
5requirements. All applicants shall be subject to the
6provisions of the Health Care Worker Background Check Act.
7    The Department shall develop procedures to enhance
8availability of services on evenings, weekends, and on an
9emergency basis to meet the respite needs of caregivers.
10Procedures shall be developed to permit the utilization of
11services in successive blocks of 24 hours up to the monthly
12maximum established by the Department. Workers providing these
13services shall be appropriately trained.
14    Beginning on the effective date of this amendatory Act of
151991, no person may perform chore/housekeeping and home care
16aide services under a program authorized by this Section
17unless that person has been issued a certificate of
18pre-service to do so by his or her employing agency.
19Information gathered to effect such certification shall
20include (i) the person's name, (ii) the date the person was
21hired by his or her current employer, and (iii) the training,
22including dates and levels. Persons engaged in the program
23authorized by this Section before the effective date of this
24amendatory Act of 1991 shall be issued a certificate of all
25pre- and in-service training from his or her employer upon
26submitting the necessary information. The employing agency



10200HB5186sam001- 12 -LRB102 24774 DTM 37564 a

1shall be required to retain records of all staff pre- and
2in-service training, and shall provide such records to the
3Department upon request and upon termination of the employer's
4contract with the Department. In addition, the employing
5agency is responsible for the issuance of certifications of
6in-service training completed to their employees.
7    The Department is required to develop a system to ensure
8that persons working as home care aides and personal
9assistants receive increases in their wages when the federal
10minimum wage is increased by requiring vendors to certify that
11they are meeting the federal minimum wage statute for home
12care aides and personal assistants. An employer that cannot
13ensure that the minimum wage increase is being given to home
14care aides and personal assistants shall be denied any
15increase in reimbursement costs.
16    The Community Care Program Advisory Committee is created
17in the Department on Aging. The Director shall appoint
18individuals to serve in the Committee, who shall serve at
19their own expense. Members of the Committee must abide by all
20applicable ethics laws. The Committee shall advise the
21Department on issues related to the Department's program of
22services to prevent unnecessary institutionalization. The
23Committee shall meet on a bi-monthly basis and shall serve to
24identify and advise the Department on present and potential
25issues affecting the service delivery network, the program's
26clients, and the Department and to recommend solution



10200HB5186sam001- 13 -LRB102 24774 DTM 37564 a

1strategies. Persons appointed to the Committee shall be
2appointed on, but not limited to, their own and their agency's
3experience with the program, geographic representation, and
4willingness to serve. The Director shall appoint members to
5the Committee to represent provider, advocacy, policy
6research, and other constituencies committed to the delivery
7of high quality home and community-based services to older
8adults. Representatives shall be appointed to ensure
9representation from community care providers including, but
10not limited to, adult day service providers, homemaker
11providers, case coordination and case management units,
12emergency home response providers, statewide trade or labor
13unions that represent home care aides and direct care staff,
14area agencies on aging, adults over age 60, membership
15organizations representing older adults, and other
16organizational entities, providers of care, or individuals
17with demonstrated interest and expertise in the field of home
18and community care as determined by the Director.
19    Nominations may be presented from any agency or State
20association with interest in the program. The Director, or his
21or her designee, shall serve as the permanent co-chair of the
22advisory committee. One other co-chair shall be nominated and
23approved by the members of the committee on an annual basis.
24Committee members' terms of appointment shall be for 4 years
25with one-quarter of the appointees' terms expiring each year.
26A member shall continue to serve until his or her replacement



10200HB5186sam001- 14 -LRB102 24774 DTM 37564 a

1is named. The Department shall fill vacancies that have a
2remaining term of over one year, and this replacement shall
3occur through the annual replacement of expiring terms. The
4Director shall designate Department staff to provide technical
5assistance and staff support to the committee. Department
6representation shall not constitute membership of the
7committee. All Committee papers, issues, recommendations,
8reports, and meeting memoranda are advisory only. The
9Director, or his or her designee, shall make a written report,
10as requested by the Committee, regarding issues before the
12    The Department on Aging and the Department of Human
13Services shall cooperate in the development and submission of
14an annual report on programs and services provided under this
15Section. Such joint report shall be filed with the Governor
16and the General Assembly on or before September 30 each year.
17    The requirement for reporting to the General Assembly
18shall be satisfied by filing copies of the report as required
19by Section 3.1 of the General Assembly Organization Act and
20filing such additional copies with the State Government Report
21Distribution Center for the General Assembly as is required
22under paragraph (t) of Section 7 of the State Library Act.
23    Those persons previously found eligible for receiving
24non-institutional services whose services were discontinued
25under the Emergency Budget Act of Fiscal Year 1992, and who do
26not meet the eligibility standards in effect on or after July



10200HB5186sam001- 15 -LRB102 24774 DTM 37564 a

11, 1992, shall remain ineligible on and after July 1, 1992.
2Those persons previously not required to cost-share and who
3were required to cost-share effective March 1, 1992, shall
4continue to meet cost-share requirements on and after July 1,
51992. Beginning July 1, 1992, all clients will be required to
6meet eligibility, cost-share, and other requirements and will
7have services discontinued or altered when they fail to meet
8these requirements.
9    For the purposes of this Section, "flexible senior
10services" refers to services that require one-time or periodic
11expenditures including, but not limited to, respite care, home
12modification, assistive technology, housing assistance, and
14    The Department shall implement an electronic service
15verification based on global positioning systems or other
16cost-effective technology for the Community Care Program no
17later than January 1, 2014.
18    The Department shall require, as a condition of
19eligibility, enrollment in the medical assistance program
20under Article V of the Illinois Public Aid Code (i) beginning
21August 1, 2013, if the Auditor General has reported that the
22Department has failed to comply with the reporting
23requirements of Section 2-27 of the Illinois State Auditing
24Act; or (ii) beginning June 1, 2014, if the Auditor General has
25reported that the Department has not undertaken the required
26actions listed in the report required by subsection (a) of



10200HB5186sam001- 16 -LRB102 24774 DTM 37564 a

1Section 2-27 of the Illinois State Auditing Act.
2    The Department shall delay Community Care Program services
3until an applicant is determined eligible for medical
4assistance under Article V of the Illinois Public Aid Code (i)
5beginning August 1, 2013, if the Auditor General has reported
6that the Department has failed to comply with the reporting
7requirements of Section 2-27 of the Illinois State Auditing
8Act; or (ii) beginning June 1, 2014, if the Auditor General has
9reported that the Department has not undertaken the required
10actions listed in the report required by subsection (a) of
11Section 2-27 of the Illinois State Auditing Act.
12    The Department shall implement co-payments for the
13Community Care Program at the federally allowable maximum
14level (i) beginning August 1, 2013, if the Auditor General has
15reported that the Department has failed to comply with the
16reporting requirements of Section 2-27 of the Illinois State
17Auditing Act; or (ii) beginning June 1, 2014, if the Auditor
18General has reported that the Department has not undertaken
19the required actions listed in the report required by
20subsection (a) of Section 2-27 of the Illinois State Auditing
22    The Department shall continue to provide other Community
23Care Program reports as required by statute.
24    The Department shall provide a bi-monthly report on the
25progress of the Community Care Program reforms set forth in
26this amendatory Act of the 98th General Assembly to the



10200HB5186sam001- 17 -LRB102 24774 DTM 37564 a

1Governor, the Speaker of the House of Representatives, the
2Minority Leader of the House of Representatives, the President
3of the Senate, and the Minority Leader of the Senate.
4    The Department shall conduct a quarterly review of Care
5Coordination Unit performance and adherence to service
6guidelines. The quarterly review shall be reported to the
7Speaker of the House of Representatives, the Minority Leader
8of the House of Representatives, the President of the Senate,
9and the Minority Leader of the Senate. The Department shall
10collect and report longitudinal data on the performance of
11each care coordination unit. Nothing in this paragraph shall
12be construed to require the Department to identify specific
13care coordination units.
14    In regard to community care providers, failure to comply
15with Department on Aging policies shall be cause for
16disciplinary action, including, but not limited to,
17disqualification from serving Community Care Program clients.
18Each provider, upon submission of any bill or invoice to the
19Department for payment for services rendered, shall include a
20notarized statement, under penalty of perjury pursuant to
21Section 1-109 of the Code of Civil Procedure, that the
22provider has complied with all Department policies.
23    The Director of the Department on Aging shall make
24information available to the State Board of Elections as may
25be required by an agreement the State Board of Elections has
26entered into with a multi-state voter registration list



10200HB5186sam001- 18 -LRB102 24774 DTM 37564 a

1maintenance system.
2    Within 30 days after July 6, 2017 (the effective date of
3Public Act 100-23), rates shall be increased to $18.29 per
4hour, for the purpose of increasing, by at least $.72 per hour,
5the wages paid by those vendors to their employees who provide
6homemaker services. The Department shall pay an enhanced rate
7under the Community Care Program to those in-home service
8provider agencies that offer health insurance coverage as a
9benefit to their direct service worker employees consistent
10with the mandates of Public Act 95-713. For State fiscal years
112018 and 2019, the enhanced rate shall be $1.77 per hour. The
12rate shall be adjusted using actuarial analysis based on the
13cost of care, but shall not be set below $1.77 per hour. The
14Department shall adopt rules, including emergency rules under
15subsections (y) and (bb) of Section 5-45 of the Illinois
16Administrative Procedure Act, to implement the provisions of
17this paragraph.
18    The General Assembly finds it necessary to authorize an
19aggressive Medicaid enrollment initiative designed to maximize
20federal Medicaid funding for the Community Care Program which
21produces significant savings for the State of Illinois. The
22Department on Aging shall establish and implement a Community
23Care Program Medicaid Initiative. Under the Initiative, the
24Department on Aging shall, at a minimum: (i) provide an
25enhanced rate to adequately compensate care coordination units
26to enroll eligible Community Care Program clients into



10200HB5186sam001- 19 -LRB102 24774 DTM 37564 a

1Medicaid; (ii) use recommendations from a stakeholder
2committee on how best to implement the Initiative; and (iii)
3establish requirements for State agencies to make enrollment
4in the State's Medical Assistance program easier for seniors.
5    The Community Care Program Medicaid Enrollment Oversight
6Subcommittee is created as a subcommittee of the Older Adult
7Services Advisory Committee established in Section 35 of the
8Older Adult Services Act to make recommendations on how best
9to increase the number of medical assistance recipients who
10are enrolled in the Community Care Program. The Subcommittee
11shall consist of all of the following persons who must be
12appointed within 30 days after the effective date of this
13amendatory Act of the 100th General Assembly:
14        (1) The Director of Aging, or his or her designee, who
15    shall serve as the chairperson of the Subcommittee.
16        (2) One representative of the Department of Healthcare
17    and Family Services, appointed by the Director of
18    Healthcare and Family Services.
19        (3) One representative of the Department of Human
20    Services, appointed by the Secretary of Human Services.
21        (4) One individual representing a care coordination
22    unit, appointed by the Director of Aging.
23        (5) One individual from a non-governmental statewide
24    organization that advocates for seniors, appointed by the
25    Director of Aging.
26        (6) One individual representing Area Agencies on



10200HB5186sam001- 20 -LRB102 24774 DTM 37564 a

1    Aging, appointed by the Director of Aging.
2        (7) One individual from a statewide association
3    dedicated to Alzheimer's care, support, and research,
4    appointed by the Director of Aging.
5        (8) One individual from an organization that employs
6    persons who provide services under the Community Care
7    Program, appointed by the Director of Aging.
8        (9) One member of a trade or labor union representing
9    persons who provide services under the Community Care
10    Program, appointed by the Director of Aging.
11        (10) One member of the Senate, who shall serve as
12    co-chairperson, appointed by the President of the Senate.
13        (11) One member of the Senate, who shall serve as
14    co-chairperson, appointed by the Minority Leader of the
15    Senate.
16        (12) One member of the House of Representatives, who
17    shall serve as co-chairperson, appointed by the Speaker of
18    the House of Representatives.
19        (13) One member of the House of Representatives, who
20    shall serve as co-chairperson, appointed by the Minority
21    Leader of the House of Representatives.
22        (14) One individual appointed by a labor organization
23    representing frontline employees at the Department of
24    Human Services.
25    The Subcommittee shall provide oversight to the Community
26Care Program Medicaid Initiative and shall meet quarterly. At



10200HB5186sam001- 21 -LRB102 24774 DTM 37564 a

1each Subcommittee meeting the Department on Aging shall
2provide the following data sets to the Subcommittee: (A) the
3number of Illinois residents, categorized by planning and
4service area, who are receiving services under the Community
5Care Program and are enrolled in the State's Medical
6Assistance Program; (B) the number of Illinois residents,
7categorized by planning and service area, who are receiving
8services under the Community Care Program, but are not
9enrolled in the State's Medical Assistance Program; and (C)
10the number of Illinois residents, categorized by planning and
11service area, who are receiving services under the Community
12Care Program and are eligible for benefits under the State's
13Medical Assistance Program, but are not enrolled in the
14State's Medical Assistance Program. In addition to this data,
15the Department on Aging shall provide the Subcommittee with
16plans on how the Department on Aging will reduce the number of
17Illinois residents who are not enrolled in the State's Medical
18Assistance Program but who are eligible for medical assistance
19benefits. The Department on Aging shall enroll in the State's
20Medical Assistance Program those Illinois residents who
21receive services under the Community Care Program and are
22eligible for medical assistance benefits but are not enrolled
23in the State's Medicaid Assistance Program. The data provided
24to the Subcommittee shall be made available to the public via
25the Department on Aging's website.
26    The Department on Aging, with the involvement of the



10200HB5186sam001- 22 -LRB102 24774 DTM 37564 a

1Subcommittee, shall collaborate with the Department of Human
2Services and the Department of Healthcare and Family Services
3on how best to achieve the responsibilities of the Community
4Care Program Medicaid Initiative.
5    The Department on Aging, the Department of Human Services,
6and the Department of Healthcare and Family Services shall
7coordinate and implement a streamlined process for seniors to
8access benefits under the State's Medical Assistance Program.
9    The Subcommittee shall collaborate with the Department of
10Human Services on the adoption of a uniform application
11submission process. The Department of Human Services and any
12other State agency involved with processing the medical
13assistance application of any person enrolled in the Community
14Care Program shall include the appropriate care coordination
15unit in all communications related to the determination or
16status of the application.
17    The Community Care Program Medicaid Initiative shall
18provide targeted funding to care coordination units to help
19seniors complete their applications for medical assistance
20benefits. On and after July 1, 2019, care coordination units
21shall receive no less than $200 per completed application,
22which rate may be included in a bundled rate for initial intake
23services when Medicaid application assistance is provided in
24conjunction with the initial intake process for new program
26    The Community Care Program Medicaid Initiative shall cease



10200HB5186sam001- 23 -LRB102 24774 DTM 37564 a

1operation 5 years after the effective date of this amendatory
2Act of the 100th General Assembly, after which the
3Subcommittee shall dissolve.
4(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
5100-1148, eff. 12-10-18; 101-10, eff. 6-5-19.)
6    (20 ILCS 1110/7 rep.)
7    (20 ILCS 1110/8 rep.)
8    (20 ILCS 1110/9 rep.)
9    (20 ILCS 1110/10 rep.)
10    (20 ILCS 1110/11 rep.)
11    (20 ILCS 1110/12 rep.)
12    (20 ILCS 1110/13 rep.)
13    (20 ILCS 1110/14 rep.)
14    (20 ILCS 1110/15 rep.)
15    (20 ILCS 1110/16 rep.)
16    (20 ILCS 1110/17 rep.)
17    Section 10. The Illinois Coal and Energy Development Bond
18Act is amended by repealing Sections 7, 8, 9, 10, 11, 12, 13,
1914, 15, 16, and 17.
20    Section 15. The Department of Human Services Act is
21amended by changing Section 1-17 as follows:
22    (20 ILCS 1305/1-17)
23    Sec. 1-17. Inspector General.



10200HB5186sam001- 24 -LRB102 24774 DTM 37564 a

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



10200HB5186sam001- 25 -LRB102 24774 DTM 37564 a

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



10200HB5186sam001- 26 -LRB102 24774 DTM 37564 a

1indifference to, the health, safety, or medical needs of an
2individual and (ii) results in an individual's death or other
3serious deterioration of an individual's physical condition or
4mental condition.
5    "Employee" means any person who provides services at the
6facility or agency on-site or off-site. The service
7relationship can be with the individual or with the facility
8or agency. Also, "employee" includes any employee or
9contractual agent of the Department of Human Services or the
10community agency involved in providing or monitoring or
11administering mental health or developmental disability
12services. This includes but is not limited to: owners,
13operators, payroll personnel, contractors, subcontractors, and
15    "Facility" or "State-operated facility" means a mental
16health facility or developmental disabilities facility
17operated by the Department.
18    "Financial exploitation" means taking unjust advantage of
19an individual's assets, property, or financial resources
20through deception, intimidation, or conversion for the
21employee's, facility's, or agency's own advantage or benefit.
22    "Finding" means the Office of Inspector General's
23determination regarding whether an allegation is
24substantiated, unsubstantiated, or unfounded.
25    "Health Care Worker Registry" or "Registry" means the
26Health Care Worker Registry under the Health Care Worker



10200HB5186sam001- 27 -LRB102 24774 DTM 37564 a

1Background Check Act.
2    "Individual" means any person receiving mental health
3service, developmental disabilities service, or both from a
4facility or agency, while either on-site or off-site.
5    "Mental abuse" means the use of demeaning, intimidating,
6or threatening words, signs, gestures, or other actions by an
7employee about an individual and in the presence of an
8individual or individuals that results in emotional distress
9or maladaptive behavior, or could have resulted in emotional
10distress or maladaptive behavior, for any individual present.
11    "Mental illness" means "mental illness" as defined in the
12Mental Health and Developmental Disabilities Code.
13    "Mentally ill" means having a mental illness.
14    "Mitigating circumstance" means a condition that (i) is
15attendant to a finding, (ii) does not excuse or justify the
16conduct in question, but (iii) may be considered in evaluating
17the severity of the conduct, the culpability of the accused,
18or both the severity of the conduct and the culpability of the
20    "Neglect" means an employee's, agency's, or facility's
21failure to provide adequate medical care, personal care, or
22maintenance and that, as a consequence, (i) causes an
23individual pain, injury, or emotional distress, (ii) results
24in either an individual's maladaptive behavior or the
25deterioration of an individual's physical condition or mental
26condition, or (iii) places the individual's health or safety



10200HB5186sam001- 28 -LRB102 24774 DTM 37564 a

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



10200HB5186sam001- 29 -LRB102 24774 DTM 37564 a

1cellular phone, electronic mail, portable electronic device,
2or other media with or without contact with the individual or
3(ii) an employee's posting of sexually explicit images of an
4individual online or elsewhere whether or not there is contact
5with the individual.
6    "Sexually explicit images" includes, but is not limited
7to, any material which depicts nudity, sexual conduct, or
8sado-masochistic abuse, or which contains explicit and
9detailed verbal descriptions or narrative accounts of sexual
10excitement, sexual conduct, or sado-masochistic abuse.
11    "Substantiated" means there is a preponderance of the
12evidence to support the allegation.
13    "Unfounded" means there is no credible evidence to support
14the allegation.
15    "Unsubstantiated" means there is credible evidence, but
16less than a preponderance of evidence to support the
18    (c) Appointment. The Governor shall appoint, and the
19Senate shall confirm, an Inspector General. The Inspector
20General shall be appointed for a term of 4 years and shall
21function within the Department of Human Services and report to
22the Secretary and the Governor.
23    (d) Operation and appropriation. The Inspector General
24shall function independently within the Department with
25respect to the operations of the Office, including the
26performance of investigations and issuance of findings and



10200HB5186sam001- 30 -LRB102 24774 DTM 37564 a

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



10200HB5186sam001- 31 -LRB102 24774 DTM 37564 a

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



10200HB5186sam001- 32 -LRB102 24774 DTM 37564 a

1abuse, sexual abuse, neglect, egregious neglect, and financial
3    (h) Training programs. The Inspector General shall (i)
4establish a comprehensive program to ensure that every person
5authorized to conduct investigations receives ongoing training
6relative to investigation techniques, communication skills,
7and the appropriate means of interacting with persons
8receiving treatment for mental illness, developmental
9disability, or both mental illness and developmental
10disability, and (ii) establish and conduct periodic training
11programs for facility and agency employees concerning the
12prevention and reporting of any one or more of the following:
13mental abuse, physical abuse, sexual abuse, neglect, egregious
14neglect, or financial exploitation. The Inspector General
15shall further ensure (i) every person authorized to conduct
16investigations at community agencies receives ongoing training
17in Title 59, Parts 115, 116, and 119 of the Illinois
18Administrative Code, and (ii) every person authorized to
19conduct investigations shall receive ongoing training in Title
2059, Part 50 of the Illinois Administrative Code. Nothing in
21this Section shall be deemed to prevent the Office of
22Inspector General from conducting any other training as
23determined by the Inspector General to be necessary or
25    (i) Duty to cooperate.
26        (1) The Inspector General shall at all times be



10200HB5186sam001- 33 -LRB102 24774 DTM 37564 a

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



10200HB5186sam001- 34 -LRB102 24774 DTM 37564 a

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



10200HB5186sam001- 35 -LRB102 24774 DTM 37564 a

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



10200HB5186sam001- 36 -LRB102 24774 DTM 37564 a

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



10200HB5186sam001- 37 -LRB102 24774 DTM 37564 a

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



10200HB5186sam001- 38 -LRB102 24774 DTM 37564 a

1Neglected Long Term Care Facility Residents Reporting Act. Raw
2data used to compile the investigative report shall not be
3subject to release unless required by law or a court order.
4"Raw data used to compile the investigative report" includes,
5but is not limited to, any one or more of the following: the
6initial complaint, witness statements, photographs,
7investigator's notes, police reports, or incident reports. If
8the allegations are substantiated, the victim, the victim's
9guardian, and the accused shall be provided with a redacted
10copy of the investigative report. Death reports where there
11was no allegation of abuse or neglect shall only be released
12pursuant to applicable State or federal law or a valid court
13order. Unredacted investigative reports, as well as raw data,
14may be shared with a local law enforcement entity, a State's
15Attorney's office, or a county coroner's office upon written
17    (n) Written responses, clarification requests, and
18reconsideration requests.
19        (1) Written responses. Within 30 calendar days from
20    receipt of a substantiated investigative report or an
21    investigative report which contains recommendations,
22    absent a reconsideration request, the facility or agency
23    shall file a written response that addresses, in a concise
24    and reasoned manner, the actions taken to: (i) protect the
25    individual; (ii) prevent recurrences; and (iii) eliminate
26    the problems identified. The response shall include the



10200HB5186sam001- 39 -LRB102 24774 DTM 37564 a

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



10200HB5186sam001- 40 -LRB102 24774 DTM 37564 a

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



10200HB5186sam001- 41 -LRB102 24774 DTM 37564 a

1approval to complete, and shall monitor compliance through a
2random review of approved written responses, which may
3include, but are not limited to: (i) site visits, (ii)
4telephone contact, and (iii) requests for additional
5documentation evidencing compliance.
6    (r) Sanctions. Sanctions, if imposed by the Secretary
7under Subdivision (p)(iv) of this Section, shall be designed
8to prevent further acts of mental abuse, physical abuse,
9sexual abuse, neglect, egregious neglect, or financial
10exploitation or some combination of one or more of those acts
11at a facility or agency, and may include any one or more of the
13        (1) Appointment of on-site monitors.
14        (2) Transfer or relocation of an individual or
15    individuals.
16        (3) Closure of units.
17        (4) Termination of any one or more of the following:
18    (i) Department licensing, (ii) funding, or (iii)
19    certification.
20    The Inspector General may seek the assistance of the
21Illinois Attorney General or the office of any State's
22Attorney in implementing sanctions.
23    (s) Health Care Worker Registry.
24        (1) Reporting to the Registry. The Inspector General
25    shall report to the Department of Public Health's Health
26    Care Worker Registry, a public registry, the identity and



10200HB5186sam001- 42 -LRB102 24774 DTM 37564 a

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



10200HB5186sam001- 43 -LRB102 24774 DTM 37564 a

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



10200HB5186sam001- 44 -LRB102 24774 DTM 37564 a

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



10200HB5186sam001- 45 -LRB102 24774 DTM 37564 a

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



10200HB5186sam001- 46 -LRB102 24774 DTM 37564 a

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



10200HB5186sam001- 47 -LRB102 24774 DTM 37564 a

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



10200HB5186sam001- 48 -LRB102 24774 DTM 37564 a

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



10200HB5186sam001- 49 -LRB102 24774 DTM 37564 a

1    (20 ILCS 3930/7.6 rep.)
2    Section 25. The Illinois Criminal Justice Information Act
3is amended by repealing Section 7.6.
4    (20 ILCS 5035/Act rep.)
5    Section 30. The Illinois Human Services Commission Act is
7    (30 ILCS 105/5h rep.)
8    Section 35. The State Finance Act is amended by repealing
9Section 5h.
10    Section 40. The Illinois Procurement Code is amended by
11changing Section 25-55 as follows:
12    (30 ILCS 500/25-55)
13    Sec. 25-55. Annual reports. Every printed annual report
14produced by a State agency shall bear a statement indicating
15whether it was printed by the State of Illinois or by contract
16and indicating the printing cost per copy and the number of
17copies printed. The Department of Central Management Services
18shall prepare and submit to the General Assembly on the fourth
19Wednesday of January in each year a report setting forth with
20respect to each State agency for the calendar year immediately
21preceding the calendar year in which the report is filed the
22total quantity of annual reports printed, the total cost, and



10200HB5186sam001- 50 -LRB102 24774 DTM 37564 a

1the cost per copy and the cost per page of the annual report of
2the State agency printed during the calendar year covered by
3the report.
4(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
5    (205 ILCS 405/3.2 rep.)
6    Section 45. The Currency Exchange Act is amended by
7repealing Section 3.2.
8    Section 50. The Grain Code is amended by changing Section
930-25 as follows:
10    (240 ILCS 40/30-25)
11    Sec. 30-25. Grain Insurance Reserve Fund. Upon payment in
12full of all money that has been transferred to the Fund prior
13to June 30, 2003 from the General Revenue Fund as provided for
14under subsection (h) of Section 25-20, the State of Illinois
15shall, subject to appropriation, remit $2,000,000 to the
16Corporation to be held in a separate and discrete account to be
17used to the extent the assets in the Fund are insufficient to
18satisfy claimants as payment of their claims become due as set
19forth in subsection (h) of Section 25-20. The remittance of
20the $2,000,000 reserve shall be made to the Corporation within
2160 days of payment in full of all money transferred to the Fund
22as set forth above in this Section 30-25. All income received
23by the Reserve Fund shall be deposited in the Fund within 35



10200HB5186sam001- 51 -LRB102 24774 DTM 37564 a

1days of the end of each calendar quarter.
2(Source: P.A. 93-225, eff. 7-21-03.)
3    Section 55. The Community Services Act is amended by
4changing Section 4 as follows:
5    (405 ILCS 30/4)  (from Ch. 91 1/2, par. 904)
6    Sec. 4. Financing for community services.
7    (a) The Department of Human Services is authorized to
8provide financial reimbursement to eligible private service
9providers, corporations, local government entities or
10voluntary associations for the provision of services to
11persons with mental illness, persons with a developmental
12disability, and persons with substance use disorders who are
13living in the community for the purpose of achieving the goals
14of this Act.
15    The Department shall utilize the following funding
16mechanisms for community services:
17        (1) Purchase of Care Contracts: services purchased on
18    a predetermined fee per unit of service basis from private
19    providers or governmental entities. Fee per service rates
20    are set by an established formula which covers some
21    portion of personnel, supplies, and other allowable costs,
22    and which makes some allowance for geographic variations
23    in costs as well as for additional program components.
24        (2) Grants: sums of money which the Department grants



10200HB5186sam001- 52 -LRB102 24774 DTM 37564 a

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



10200HB5186sam001- 53 -LRB102 24774 DTM 37564 a

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



10200HB5186sam001- 54 -LRB102 24774 DTM 37564 a

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



10200HB5186sam001- 55 -LRB102 24774 DTM 37564 a

1    Division of Alcoholism and Substance Abuse or his or her
2    designee.
3    (e) The funding methodologies must reflect economic
4factors inherent in providing services and supports, recognize
5individual disability needs, and consider geographic
6differences, transportation costs, required staffing ratios,
7and mandates not currently funded.
8    (f) In accepting Department funds, providers shall
9recognize their responsibility to be accountable to the
10Department and the State for the delivery of services which
11are consistent with the philosophies and goals of this Act and
12the rules and regulations promulgated under it.
13(Source: P.A. 100-759, eff. 1-1-19.)
14    (730 ILCS 5/3-5-3 rep.)
15    (730 ILCS 5/5-8-1.3 rep.)
16    Section 60. The Unified Code of Corrections is amended by
17repealing Sections 3-5-3 and 5-8-1.3.
18    Section 65. The Workers' Compensation Act is amended by
19changing Section 18.1 as follows:
20    (820 ILCS 305/18.1)
21    Sec. 18.1. Claims by former and current employees of the
22Commission. All claims by current and former employees and
23appointees of the Commission shall be assigned to a certified



10200HB5186sam001- 56 -LRB102 24774 DTM 37564 a

1independent arbitrator not employed by the Commission
2designated by the Chairman. In preparing the roster of
3approved certified independent arbitrators, the Chairman shall
4seek the advice and recommendation of the Commission or the
5Workers' Compensation Advisory Board at his or her discretion.
6The Chairman shall designate an arbitrator from a list of
7approved certified arbitrators provided by the Commission
8Review Board. If the Chairman is the claimant, then the
9independent arbitrator from the approved list shall be
10designated by the longest serving Commissioner. The designated
11independent arbitrator shall have the authority of arbitrators
12of the Commission regarding settlement and adjudication of the
13claim of the current and former employees and appointees of
14the Commission. The decision of the independent arbitrator
15shall become the decision of the Commission. An appeal of the
16independent arbitrator's decision shall be subject to judicial
17review in accordance with subsection (f) of Section 19.
18(Source: P.A. 97-18, eff. 6-28-11.)
19    (820 ILCS 305/14.1 rep.)
20    Section 70. The Workers' Compensation Act is amended by
21repealing Section 14.1.
22    Section 99. Effective date. This Act takes effect upon
23becoming law.".