Illinois General Assembly - Full Text of SB1445
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Full Text of SB1445  102nd General Assembly

SB1445sam001 102ND GENERAL ASSEMBLY

Sen. Sue Rezin

Filed: 5/7/2021

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1445

2    AMENDMENT NO. ______. Amend Senate Bill 1445 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The State Officials and Employees Ethics Act
5is amended by changing Sections 25-20 and 25-70 as follows:
 
6    (5 ILCS 430/25-20)
7    Sec. 25-20. Duties of the Legislative Inspector General.
8In addition to duties otherwise assigned by law, the
9Legislative Inspector General shall have the following duties:
10        (1) To receive and investigate allegations of
11    violations of this Act. Except as otherwise provided in
12    paragraph (1.5), an investigation may not be initiated
13    more than one year after the most recent act of the alleged
14    violation or of a series of alleged violations except
15    where there is reasonable cause to believe that fraudulent
16    concealment has occurred. To constitute fraudulent

 

 

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1    concealment sufficient to toll this limitations period,
2    there must be an affirmative act or representation
3    calculated to prevent discovery of the fact that a
4    violation has occurred. The Legislative Inspector General
5    shall have the discretion to determine the appropriate
6    means of investigation as permitted by law.
7        (1.5) Notwithstanding any provision of law to the
8    contrary, the Legislative Inspector General, whether
9    appointed by the Legislative Ethics Commission or the
10    General Assembly, may initiate an investigation based on
11    information provided to the Office of the Legislative
12    Inspector General or the Legislative Ethics Commission
13    during the period from December 1, 2014 through November
14    3, 2017. Any investigation initiated under this paragraph
15    (1.5) must be initiated within one year after the
16    effective date of this amendatory Act of the 100th General
17    Assembly.
18        Notwithstanding any provision of law to the contrary,
19    the Legislative Inspector General, through the Attorney
20    General, shall have the authority to file a complaint
21    related to any founded violations that occurred during the
22    period December 1, 2014 through November 3, 2017 to the
23    Legislative Ethics Commission, and the Commission shall
24    have jurisdiction to conduct administrative hearings
25    related to any pleadings filed by the Legislative
26    Inspector General, provided the complaint is filed with

 

 

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1    the Commission no later than 6 months after the summary
2    report is provided to the Attorney General in accordance
3    with subsection (c) of Section 25-50.
4        (2) To request information relating to an
5    investigation from any person when the Legislative
6    Inspector General deems that information necessary in
7    conducting an investigation.
8        (3) To issue subpoenas, with the advance approval of
9    the Commission, to compel the attendance of witnesses for
10    the purposes of testimony and production of documents and
11    other items for inspection and copying and to make service
12    of those subpoenas and subpoenas issued under item (7) of
13    Section 25-15. The Legislative Inspector General shall
14    have the power to subpoena a former State employee as
15    described in subsection (d) of Section 25-5 to correct a
16    systemic issue, problem, or deficiency identified during
17    an investigation authorized by this Article.
18        (4) To submit reports as required by this Act.
19        (5) To file pleadings in the name of the Legislative
20    Inspector General with the Legislative Ethics Commission,
21    through the Attorney General, as provided in this Article
22    if the Attorney General finds that reasonable cause exists
23    to believe that a violation has occurred.
24        (6) To assist and coordinate the ethics officers for
25    State agencies under the jurisdiction of the Legislative
26    Inspector General and to work with those ethics officers.

 

 

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1        (7) To participate in or conduct, when appropriate,
2    multi-jurisdictional investigations.
3        (8) To request, as the Legislative Inspector General
4    deems appropriate, from ethics officers of State agencies
5    under his or her jurisdiction, reports or information on
6    (i) the content of a State agency's ethics training
7    program and (ii) the percentage of new officers and
8    employees who have completed ethics training.
9        (9) To establish a policy that ensures the appropriate
10    handling and correct recording of all investigations of
11    allegations and to ensure that the policy is accessible
12    via the Internet in order that those seeking to report
13    those allegations are familiar with the process and that
14    the subjects of those allegations are treated fairly.
15        (10) To post information to the Legislative Inspector
16    General's website explaining to complainants and subjects
17    of an investigation the legal limitations on the
18    Legislative Inspector General's ability to provide
19    information to them and a general overview of the
20    investigation process.
21(Source: P.A. 100-553, eff. 11-16-17; 100-588, eff. 6-8-18.)
 
22    (5 ILCS 430/25-70)
23    Sec. 25-70. Cooperation in investigations. It is the duty
24of every officer, and employee, and former State employee
25under the jurisdiction of the Legislative Inspector General,

 

 

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1including any inspector general serving in any State agency
2under the jurisdiction of the Legislative Inspector General,
3to cooperate with the Legislative Inspector General and the
4Attorney General in any investigation undertaken pursuant to
5this Act. Failure to cooperate includes, but is not limited
6to, intentional omissions and knowing false statements.
7Failure to cooperate with an investigation of the Legislative
8Inspector General or the Attorney General is grounds for
9disciplinary action, including dismissal. Nothing in this
10Section limits or alters a person's existing rights or
11privileges under State or federal law.
12(Source: P.A. 100-588, eff. 6-8-18.)
 
13    Section 10. The Children and Family Services Act is
14amended by changing Section 35.5 as follows:
 
15    (20 ILCS 505/35.5)
16    Sec. 35.5. Inspector General.
17    (a) The Governor shall appoint, and the Senate shall
18confirm, an Inspector General who shall have the authority to
19conduct investigations into allegations of or incidents of
20possible misconduct, misfeasance, malfeasance, or violations
21of rules, procedures, or laws by any employee, former employee
22as defined in subsection (f-5), foster parent, service
23provider, or contractor of the Department of Children and
24Family Services, except for allegations of violations of the

 

 

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1State Officials and Employees Ethics Act which shall be
2referred to the Office of the Governor's Executive Inspector
3General for investigation. The Inspector General shall make
4recommendations to the Director of Children and Family
5Services concerning sanctions or disciplinary actions against
6Department employees or providers of service under contract to
7the Department. The Director of Children and Family Services
8shall provide the Inspector General with an implementation
9report on the status of any corrective actions taken on
10recommendations under review and shall continue sending
11updated reports until the corrective action is completed. The
12Director shall provide a written response to the Inspector
13General indicating the status of any sanctions or disciplinary
14actions against employees or providers of service involving
15any investigation subject to review. In any case, information
16included in the reports to the Inspector General and
17Department responses shall be subject to the public disclosure
18requirements of the Abused and Neglected Child Reporting Act.
19Any investigation conducted by the Inspector General shall be
20independent and separate from the investigation mandated by
21the Abused and Neglected Child Reporting Act. The Inspector
22General shall be appointed for a term of 4 years. The Inspector
23General shall function independently within the Department of
24Children and Family Services with respect to the operations of
25the Office of Inspector General, including the performance of
26investigations and issuance of findings and recommendations,

 

 

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1and shall report to the Director of Children and Family
2Services and the Governor and perform other duties the
3Director may designate. The Inspector General shall adopt
4rules as necessary to carry out the functions, purposes, and
5duties of the office of Inspector General in the Department of
6Children and Family Services, in accordance with the Illinois
7Administrative Procedure Act and any other applicable law.
8    (b) The Inspector General shall have access to all
9information and personnel necessary to perform the duties of
10the office. To minimize duplication of efforts, and to assure
11consistency and conformance with the requirements and
12procedures established in the B.H. v. Suter consent decree and
13to share resources when appropriate, the Inspector General
14shall coordinate his or her activities with the Bureau of
15Quality Assurance within the Department.
16    (c) The Inspector General shall be the primary liaison
17between the Department and the Department of State Police with
18regard to investigations conducted under the Inspector
19General's auspices. If the Inspector General determines that a
20possible criminal act has been committed, or that special
21expertise is required in the investigation, he or she shall
22immediately notify the Department of State Police. All
23investigations conducted by the Inspector General shall be
24conducted in a manner designed to ensure the preservation of
25evidence for possible use in a criminal prosecution.
26    (d) The Inspector General may recommend to the Department

 

 

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1of Children and Family Services, the Department of Public
2Health, or any other appropriate agency, sanctions to be
3imposed against service providers under the jurisdiction of or
4under contract with the Department for the protection of
5children in the custody or under the guardianship of the
6Department who received services from those providers. The
7Inspector General may seek the assistance of the Attorney
8General or any of the several State's Attorneys in imposing
9sanctions.
10    (e) The Inspector General shall at all times be granted
11access to any foster home, facility, or program operated for
12or licensed or funded by the Department.
13    (f) Nothing in this Section shall limit investigations by
14the Department of Children and Family Services that may
15otherwise be required by law or that may be necessary in that
16Department's capacity as the central administrative authority
17for child welfare.
18    (f-5) It is the duty of every employee and former employee
19to cooperate with the Inspector General in any investigation
20undertaken in accordance with this Act. For purposes of this
21Section, "former employee" means a former agency director,
22senior administrator, or any other individual who, while
23employed at the Department, had the authority to implement
24policy action for (i) the Department, (ii) an agency under
25contract with the Department, or (iii) any facility or program
26operated for or licensed or funded by the Department.

 

 

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1    (g) The Inspector General shall have the power to subpoena
2witnesses and compel the production of books and papers
3pertinent to an investigation authorized by this Act. The
4Inspector General shall have the power to subpoena a former
5employee as defined in subsection (f-5) to correct a systemic
6issue, problem, or deficiency identified during an
7investigation authorized by this Act. The power to subpoena or
8to compel the production of books and papers, however, shall
9not extend to the person or documents of a labor organization
10or its representatives insofar as the person or documents of a
11labor organization relate to the function of representing an
12employee subject to investigation under this Act. Any person
13who fails to appear in response to a subpoena or to answer any
14question or produce any books or papers pertinent to an
15investigation under this Act, except as otherwise provided in
16this Section, or who knowingly gives false testimony in
17relation to an investigation under this Act is guilty of a
18Class A misdemeanor.
19    (h) The Inspector General shall provide to the General
20Assembly and the Governor, no later than January 1 of each
21year, a summary of reports and investigations made under this
22Section for the prior fiscal year. The summaries shall detail
23the imposition of sanctions and the final disposition of those
24recommendations. The summaries shall not contain any
25confidential or identifying information concerning the
26subjects of the reports and investigations. The summaries also

 

 

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1shall include detailed recommended administrative actions and
2matters for consideration by the General Assembly.
3(Source: P.A. 95-527, eff. 6-1-08; 96-555, eff. 8-18-09.)
 
4    Section 15. The Department of Human Services Act is
5amended by changing Section 1-17 as follows:
 
6    (20 ILCS 1305/1-17)
7    Sec. 1-17. Inspector General.
8    (a) Nature and purpose. It is the express intent of the
9General Assembly to ensure the health, safety, and financial
10condition of individuals receiving services in this State due
11to mental illness, developmental disability, or both by
12protecting those persons from acts of abuse, neglect, or both
13by service providers. To that end, the Office of the Inspector
14General for the Department of Human Services is created to
15investigate and report upon allegations of the abuse, neglect,
16or financial exploitation of individuals receiving services
17within mental health facilities, developmental disabilities
18facilities, and community agencies operated, licensed, funded,
19or certified by the Department of Human Services, but not
20licensed or certified by any other State agency.
21    (b) Definitions. The following definitions apply to this
22Section:
23    "Adult student with a disability" means an adult student,
24age 18 through 21, inclusive, with an Individual Education

 

 

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1Program, other than a resident of a facility licensed by the
2Department of Children and Family Services in accordance with
3the Child Care Act of 1969. For purposes of this definition,
4"through age 21, inclusive", means through the day before the
5student's 22nd birthday.
6    "Agency" or "community agency" means (i) a community
7agency licensed, funded, or certified by the Department, but
8not licensed or certified by any other human services agency
9of the State, to provide mental health service or
10developmental disabilities service, or (ii) a program
11licensed, funded, or certified by the Department, but not
12licensed or certified by any other human services agency of
13the State, to provide mental health service or developmental
14disabilities service.
15    "Aggravating circumstance" means a factor that is
16attendant to a finding and that tends to compound or increase
17the culpability of the accused.
18    "Allegation" means an assertion, complaint, suspicion, or
19incident involving any of the following conduct by an
20employee, facility, or agency against an individual or
21individuals: mental abuse, physical abuse, sexual abuse,
22neglect, or financial exploitation.
23    "Day" means working day, unless otherwise specified.
24    "Deflection" means a situation in which an individual is
25presented for admission to a facility or agency, and the
26facility staff or agency staff do not admit the individual.

 

 

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1"Deflection" includes triage, redirection, and denial of
2admission.
3    "Department" means the Department of Human Services.
4    "Developmental disability" means "developmental
5disability" as defined in the Mental Health and Developmental
6Disabilities Code.
7    "Egregious neglect" means a finding of neglect as
8determined by the Inspector General that (i) represents a
9gross failure to adequately provide for, or a callused
10indifference to, the health, safety, or medical needs of an
11individual and (ii) results in an individual's death or other
12serious deterioration of an individual's physical condition or
13mental condition.
14    "Employee" means any person who provides services at the
15facility or agency on-site or off-site. The service
16relationship can be with the individual or with the facility
17or agency. Also, "employee" includes any employee or
18contractual agent of the Department of Human Services or the
19community agency involved in providing or monitoring or
20administering mental health or developmental disability
21services. This includes but is not limited to: owners,
22operators, payroll personnel, contractors, subcontractors, and
23volunteers.
24    "Facility" or "State-operated facility" means a mental
25health facility or developmental disabilities facility
26operated by the Department.

 

 

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1    "Financial exploitation" means taking unjust advantage of
2an individual's assets, property, or financial resources
3through deception, intimidation, or conversion for the
4employee's, facility's, or agency's own advantage or benefit.
5    "Finding" means the Office of Inspector General's
6determination regarding whether an allegation is
7substantiated, unsubstantiated, or unfounded.
8    "Former employee" means a former agency director, senior
9administrator, or any other individual who, while employed at
10the Department, had the authority to implement policy action
11for the Department, a facility, or an agency.
12    "Health Care Worker Registry" or "Registry" means the
13Health Care Worker Registry under the Health Care Worker
14Background Check Act.
15    "Individual" means any person receiving mental health
16service, developmental disabilities service, or both from a
17facility or agency, while either on-site or off-site.
18    "Mental abuse" means the use of demeaning, intimidating,
19or threatening words, signs, gestures, or other actions by an
20employee about an individual and in the presence of an
21individual or individuals that results in emotional distress
22or maladaptive behavior, or could have resulted in emotional
23distress or maladaptive behavior, for any individual present.
24    "Mental illness" means "mental illness" as defined in the
25Mental Health and Developmental Disabilities Code.
26    "Mentally ill" means having a mental illness.

 

 

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1    "Mitigating circumstance" means a condition that (i) is
2attendant to a finding, (ii) does not excuse or justify the
3conduct in question, but (iii) may be considered in evaluating
4the severity of the conduct, the culpability of the accused,
5or both the severity of the conduct and the culpability of the
6accused.
7    "Neglect" means an employee's, agency's, or facility's
8failure to provide adequate medical care, personal care, or
9maintenance and that, as a consequence, (i) causes an
10individual pain, injury, or emotional distress, (ii) results
11in either an individual's maladaptive behavior or the
12deterioration of an individual's physical condition or mental
13condition, or (iii) places the individual's health or safety
14at substantial risk.
15    "Person with a developmental disability" means a person
16having a developmental disability.
17    "Physical abuse" means an employee's non-accidental and
18inappropriate contact with an individual that causes bodily
19harm. "Physical abuse" includes actions that cause bodily harm
20as a result of an employee directing an individual or person to
21physically abuse another individual.
22    "Recommendation" means an admonition, separate from a
23finding, that requires action by the facility, agency, or
24Department to correct a systemic issue, problem, or deficiency
25identified during an investigation.
26    "Required reporter" means any employee who suspects,

 

 

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1witnesses, or is informed of an allegation of any one or more
2of the following: mental abuse, physical abuse, sexual abuse,
3neglect, or financial exploitation.
4    "Secretary" means the Chief Administrative Officer of the
5Department.
6    "Sexual abuse" means any sexual contact or intimate
7physical contact between an employee and an individual,
8including an employee's coercion or encouragement of an
9individual to engage in sexual behavior that results in sexual
10contact, intimate physical contact, sexual behavior, or
11intimate physical behavior. Sexual abuse also includes (i) an
12employee's actions that result in the sending or showing of
13sexually explicit images to an individual via computer,
14cellular phone, electronic mail, portable electronic device,
15or other media with or without contact with the individual or
16(ii) an employee's posting of sexually explicit images of an
17individual online or elsewhere whether or not there is contact
18with the individual.
19    "Sexually explicit images" includes, but is not limited
20to, any material which depicts nudity, sexual conduct, or
21sado-masochistic abuse, or which contains explicit and
22detailed verbal descriptions or narrative accounts of sexual
23excitement, sexual conduct, or sado-masochistic abuse.
24    "Substantiated" means there is a preponderance of the
25evidence to support the allegation.
26    "Unfounded" means there is no credible evidence to support

 

 

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1the allegation.
2    "Unsubstantiated" means there is credible evidence, but
3less than a preponderance of evidence to support the
4allegation.
5    (c) Appointment. The Governor shall appoint, and the
6Senate shall confirm, an Inspector General. The Inspector
7General shall be appointed for a term of 4 years and shall
8function within the Department of Human Services and report to
9the Secretary and the Governor.
10    (d) Operation and appropriation. The Inspector General
11shall function independently within the Department with
12respect to the operations of the Office, including the
13performance of investigations and issuance of findings and
14recommendations. The appropriation for the Office of Inspector
15General shall be separate from the overall appropriation for
16the Department.
17    (e) Powers and duties. The Inspector General shall
18investigate reports of suspected mental abuse, physical abuse,
19sexual abuse, neglect, or financial exploitation of
20individuals in any mental health or developmental disabilities
21facility or agency and shall have authority to take immediate
22action to prevent any one or more of the following from
23happening to individuals under its jurisdiction: mental abuse,
24physical abuse, sexual abuse, neglect, or financial
25exploitation. Upon written request of an agency of this State,
26the Inspector General may assist another agency of the State

 

 

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

 

 

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1    (g) Rulemaking authority. The Inspector General shall
2promulgate rules establishing minimum requirements for
3reporting allegations as well as for initiating, conducting,
4and completing investigations based upon the nature of the
5allegation or allegations. The rules shall clearly establish
6that if 2 or more State agencies could investigate an
7allegation, the Inspector General shall not conduct an
8investigation that would be redundant to, or interfere with,
9an investigation conducted by another State agency. The rules
10shall further clarify the method and circumstances under which
11the Office of Inspector General may interact with the
12licensing, funding, or certification units of the Department
13in preventing further occurrences of mental abuse, physical
14abuse, sexual abuse, neglect, egregious neglect, and financial
15exploitation.
16    (h) Training programs. The Inspector General shall (i)
17establish a comprehensive program to ensure that every person
18authorized to conduct investigations receives ongoing training
19relative to investigation techniques, communication skills,
20and the appropriate means of interacting with persons
21receiving treatment for mental illness, developmental
22disability, or both mental illness and developmental
23disability, and (ii) establish and conduct periodic training
24programs for facility and agency employees concerning the
25prevention and reporting of any one or more of the following:
26mental abuse, physical abuse, sexual abuse, neglect, egregious

 

 

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1neglect, or financial exploitation. The Inspector General
2shall further ensure (i) every person authorized to conduct
3investigations at community agencies receives ongoing training
4in Title 59, Parts 115, 116, and 119 of the Illinois
5Administrative Code, and (ii) every person authorized to
6conduct investigations shall receive ongoing training in Title
759, Part 50 of the Illinois Administrative Code. Nothing in
8this Section shall be deemed to prevent the Office of
9Inspector General from conducting any other training as
10determined by the Inspector General to be necessary or
11helpful.
12    (i) Duty to cooperate.
13        (1) The Inspector General shall at all times be
14    granted access to any facility or agency for the purpose
15    of investigating any allegation, conducting unannounced
16    site visits, monitoring compliance with a written
17    response, or completing any other statutorily assigned
18    duty. The Inspector General shall conduct unannounced site
19    visits to each facility at least annually for the purpose
20    of reviewing and making recommendations on systemic issues
21    relative to preventing, reporting, investigating, and
22    responding to all of the following: mental abuse, physical
23    abuse, sexual abuse, neglect, egregious neglect, or
24    financial exploitation.
25        (2) Any employee or former employee who fails to
26    cooperate with an Office of the Inspector General

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1guardian, and the accused shall be provided with a redacted
2copy of the investigative report. Death reports where there
3was no allegation of abuse or neglect shall only be released
4pursuant to applicable State or federal law or a valid court
5order. Unredacted investigative reports, as well as raw data,
6may be shared with a local law enforcement entity, a State's
7Attorney's office, or a county coroner's office upon written
8request.
9    (n) Written responses, clarification requests, and
10reconsideration requests.
11        (1) Written responses. Within 30 calendar days from
12    receipt of a substantiated investigative report or an
13    investigative report which contains recommendations,
14    absent a reconsideration request, the facility or agency
15    shall file a written response that addresses, in a concise
16    and reasoned manner, the actions taken to: (i) protect the
17    individual; (ii) prevent recurrences; and (iii) eliminate
18    the problems identified. The response shall include the
19    implementation and completion dates of such actions. If
20    the written response is not filed within the allotted 30
21    calendar day period, the Secretary shall determine the
22    appropriate corrective action to be taken.
23        (2) Requests for clarification. The facility, agency,
24    victim or guardian, or the subject employee may request
25    that the Office of Inspector General clarify the finding
26    or findings for which clarification is sought.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1health care professionals.
2    (y) Nothing in this Section shall require a facility,
3including its employees, agents, medical staff members, and
4health care professionals, to provide a service to an
5individual in contravention of that individual's stated or
6implied objection to the provision of that service on the
7ground that that service conflicts with the individual's
8religious beliefs or practices, nor shall the failure to
9provide a service to an individual be considered abuse under
10this Section if the individual has objected to the provision
11of that service based on his or her religious beliefs or
12practices.
13(Source: P.A. 100-313, eff. 8-24-17; 100-432, eff. 8-25-17;
14100-863, eff. 8-14-18; 100-943, eff. 1-1-19; 100-991, eff.
158-20-18; 100-1098, eff. 8-26-18; 101-81, eff. 7-12-19.)
 
16    Section 20. The Illinois Public Aid Code is amended by
17changing Section 12-13.1 as follows:
 
18    (305 ILCS 5/12-13.1)
19    Sec. 12-13.1. Inspector General.
20    (a) The Governor shall appoint, and the Senate shall
21confirm, an Inspector General who shall function within the
22Illinois Department of Public Aid (now Healthcare and Family
23Services) and report to the Governor. The term of the
24Inspector General shall expire on the third Monday of January,

 

 

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11997 and every 4 years thereafter.
2    (b) In order to prevent, detect, and eliminate fraud,
3waste, abuse, mismanagement, and misconduct, the Inspector
4General shall oversee the Department of Healthcare and Family
5Services' and the Department on Aging's integrity functions,
6which include, but are not limited to, the following:
7        (1) Investigation of misconduct by employees, former
8    employees as defined in subsection (e-5), vendors,
9    contractors and medical providers, except for allegations
10    of violations of the State Officials and Employees Ethics
11    Act which shall be referred to the Office of the
12    Governor's Executive Inspector General for investigation.
13        (2) Prepayment and post-payment audits of medical
14    providers related to ensuring that appropriate payments
15    are made for services rendered and to the prevention and
16    recovery of overpayments.
17        (3) Monitoring of quality assurance programs
18    administered by the Department of Healthcare and Family
19    Services and the Community Care Program administered by
20    the Department on Aging.
21        (4) Quality control measurements of the programs
22    administered by the Department of Healthcare and Family
23    Services and the Community Care Program administered by
24    the Department on Aging.
25        (5) Investigations of fraud or intentional program
26    violations committed by clients of the Department of

 

 

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1    Healthcare and Family Services and the Community Care
2    Program administered by the Department on Aging.
3        (6) Actions initiated against contractors, vendors, or
4    medical providers for any of the following reasons:
5            (A) Violations of the medical assistance program
6        and the Community Care Program administered by the
7        Department on Aging.
8            (B) Sanctions against providers brought in
9        conjunction with the Department of Public Health or
10        the Department of Human Services (as successor to the
11        Department of Mental Health and Developmental
12        Disabilities).
13            (C) Recoveries of assessments against hospitals
14        and long-term care facilities.
15            (D) Sanctions mandated by the United States
16        Department of Health and Human Services against
17        medical providers.
18            (E) Violations of contracts related to any
19        programs administered by the Department of Healthcare
20        and Family Services and the Community Care Program
21        administered by the Department on Aging.
22        (7) Representation of the Department of Healthcare and
23    Family Services at hearings with the Illinois Department
24    of Financial and Professional Regulation in actions taken
25    against professional licenses held by persons who are in
26    violation of orders for child support payments.

 

 

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1    (b-5) At the request of the Secretary of Human Services,
2the Inspector General shall, in relation to any function
3performed by the Department of Human Services as successor to
4the Department of Public Aid, exercise one or more of the
5powers provided under this Section as if those powers related
6to the Department of Human Services; in such matters, the
7Inspector General shall report his or her findings to the
8Secretary of Human Services.
9    (c) Notwithstanding, and in addition to, any other
10provision of law, the Inspector General shall have access to
11all information, personnel and facilities of the Department of
12Healthcare and Family Services and the Department of Human
13Services (as successor to the Department of Public Aid), their
14employees, vendors, contractors and medical providers and any
15federal, State or local governmental agency that are necessary
16to perform the duties of the Office as directly related to
17public assistance programs administered by those departments.
18No medical provider shall be compelled, however, to provide
19individual medical records of patients who are not clients of
20the programs administered by the Department of Healthcare and
21Family Services. State and local governmental agencies are
22authorized and directed to provide the requested information,
23assistance or cooperation.
24    For purposes of enhanced program integrity functions and
25oversight, and to the extent consistent with applicable
26information and privacy, security, and disclosure laws, State

 

 

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1agencies and departments shall provide the Office of Inspector
2General access to confidential and other information and data,
3and the Inspector General is authorized to enter into
4agreements with appropriate federal agencies and departments
5to secure similar data. This includes, but is not limited to,
6information pertaining to: licensure; certification; earnings;
7immigration status; citizenship; wage reporting; unearned and
8earned income; pension income; employment; supplemental
9security income; social security numbers; National Provider
10Identifier (NPI) numbers; the National Practitioner Data Bank
11(NPDB); program and agency exclusions; taxpayer identification
12numbers; tax delinquency; corporate information; and death
13records.
14    The Inspector General shall enter into agreements with
15State agencies and departments, and is authorized to enter
16into agreements with federal agencies and departments, under
17which such agencies and departments shall share data necessary
18for medical assistance program integrity functions and
19oversight. The Inspector General shall enter into agreements
20with State agencies and departments, and is authorized to
21enter into agreements with federal agencies and departments,
22under which such agencies shall share data necessary for
23recipient and vendor screening, review, and investigation,
24including but not limited to vendor payment and recipient
25eligibility verification. The Inspector General shall develop,
26in cooperation with other State and federal agencies and

 

 

10200SB1445sam001- 40 -LRB102 11223 KTG 26087 a

1departments, and in compliance with applicable federal laws
2and regulations, appropriate and effective methods to share
3such data. The Inspector General shall enter into agreements
4with State agencies and departments, and is authorized to
5enter into agreements with federal agencies and departments,
6including, but not limited to: the Secretary of State; the
7Department of Revenue; the Department of Public Health; the
8Department of Human Services; and the Department of Financial
9and Professional Regulation.
10    The Inspector General shall have the authority to deny
11payment, prevent overpayments, and recover overpayments.
12    The Inspector General shall have the authority to deny or
13suspend payment to, and deny, terminate, or suspend the
14eligibility of, any vendor who fails to grant the Inspector
15General timely access to full and complete records, including
16records of recipients under the medical assistance program for
17the most recent 6 years, in accordance with Section 140.28 of
18Title 89 of the Illinois Administrative Code, and other
19information for the purpose of audits, investigations, or
20other program integrity functions, after reasonable written
21request by the Inspector General.
22    (d) The Inspector General shall serve as the Department of
23Healthcare and Family Services' primary liaison with law
24enforcement, investigatory and prosecutorial agencies,
25including but not limited to the following:
26        (1) The Department of State Police.

 

 

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1        (2) The Federal Bureau of Investigation and other
2    federal law enforcement agencies.
3        (3) The various Inspectors General of federal agencies
4    overseeing the programs administered by the Department of
5    Healthcare and Family Services.
6        (4) The various Inspectors General of any other State
7    agencies with responsibilities for portions of programs
8    primarily administered by the Department of Healthcare and
9    Family Services.
10        (5) The Offices of the several United States Attorneys
11    in Illinois.
12        (6) The several State's Attorneys.
13        (7) The offices of the Centers for Medicare and
14    Medicaid Services that administer the Medicare and
15    Medicaid integrity programs.
16    The Inspector General shall meet on a regular basis with
17these entities to share information regarding possible
18misconduct by any persons or entities involved with the public
19aid programs administered by the Department of Healthcare and
20Family Services.
21    (e) All investigations conducted by the Inspector General
22shall be conducted in a manner that ensures the preservation
23of evidence for use in criminal prosecutions. If the Inspector
24General determines that a possible criminal act relating to
25fraud in the provision or administration of the medical
26assistance program has been committed, the Inspector General

 

 

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1shall immediately notify the Medicaid Fraud Control Unit. If
2the Inspector General determines that a possible criminal act
3has been committed within the jurisdiction of the Office, the
4Inspector General may request the special expertise of the
5Department of State Police. The Inspector General may present
6for prosecution the findings of any criminal investigation to
7the Office of the Attorney General, the Offices of the several
8United States Attorneys in Illinois or the several State's
9Attorneys.
10    (e-5) It is the duty of every employee and former employee
11to cooperate with the Inspector General in any investigation
12undertaken in accordance with this Code. For purposes of this
13Section, "former employee" means a former agency director,
14senior administrator, or any other individual who, while
15employed at the Department of Healthcare and Family Services
16or the Department of Human Services, had the authority to
17implement policy action concerning the public assistance
18programs established under this Code for (i) the Department of
19Healthcare and Family Services or the Department of Human
20Services, (ii) an agency under contract with the Department of
21Healthcare and Family Services or the Department of Human
22Services, or (iii) any facility or program operated for or
23licensed or funded by the Department of Healthcare and Family
24Services or the Department of Human Services.
25    (f) To carry out his or her duties as described in this
26Section, the Inspector General and his or her designees shall

 

 

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1have the power to compel by subpoena the attendance and
2testimony of witnesses and the production of books, electronic
3records and papers as directly related to public assistance
4programs administered by the Department of Healthcare and
5Family Services or the Department of Human Services (as
6successor to the Department of Public Aid). The Inspector
7General shall have the power to subpoena a former employee, as
8defined in subsection (e-5), of the Department of Healthcare
9and Family Services or the Department of Human Services to
10correct a systemic issue, problem, or deficiency identified
11during an investigation authorized by this Section. No medical
12provider shall be compelled, however, to provide individual
13medical records of patients who are not clients of the Medical
14Assistance Program.
15    (g) The Inspector General shall report all convictions,
16terminations, and suspensions taken against vendors,
17contractors and medical providers to the Department of
18Healthcare and Family Services and to any agency responsible
19for licensing or regulating those persons or entities.
20    (h) The Inspector General shall make annual reports,
21findings, and recommendations regarding the Office's
22investigations into reports of fraud, waste, abuse,
23mismanagement, or misconduct relating to any programs
24administered by the Department of Healthcare and Family
25Services or the Department of Human Services (as successor to
26the Department of Public Aid) to the General Assembly and the

 

 

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1Governor. These reports shall include, but not be limited to,
2the following information:
3        (1) Aggregate provider billing and payment
4    information, including the number of providers at various
5    Medicaid earning levels.
6        (2) The number of audits of the medical assistance
7    program and the dollar savings resulting from those
8    audits.
9        (3) The number of prescriptions rejected annually
10    under the Department of Healthcare and Family Services'
11    Refill Too Soon program and the dollar savings resulting
12    from that program.
13        (4) Provider sanctions, in the aggregate, including
14    terminations and suspensions.
15        (5) A detailed summary of the investigations
16    undertaken in the previous fiscal year. These summaries
17    shall comply with all laws and rules regarding maintaining
18    confidentiality in the public aid programs.
19    (i) Nothing in this Section shall limit investigations by
20the Department of Healthcare and Family Services or the
21Department of Human Services that may otherwise be required by
22law or that may be necessary in their capacity as the central
23administrative authorities responsible for administration of
24their agency's programs in this State.
25    (j) The Inspector General may issue shields or other
26distinctive identification to his or her employees not

 

 

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1exercising the powers of a peace officer if the Inspector
2General determines that a shield or distinctive identification
3is needed by an employee to carry out his or her
4responsibilities.
5(Source: P.A. 97-689, eff. 6-14-12; 98-8, eff. 5-3-13.)".