Full Text of HB2858 103rd General Assembly
HB2858sam001 103RD GENERAL ASSEMBLY | Sen. Jil Tracy Filed: 5/11/2023
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| 1 | | AMENDMENT TO HOUSE BILL 2858
| 2 | | AMENDMENT NO. ______. Amend House Bill 2858 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Act on the Aging is amended by | 5 | | changing Section 4.04 as follows:
| 6 | | (20 ILCS 105/4.04) (from Ch. 23, par. 6104.04)
| 7 | | Sec. 4.04. Long Term Care Ombudsman Program. The purpose | 8 | | of the Long Term Care Ombudsman Program is to ensure that older | 9 | | persons and persons with disabilities receive quality | 10 | | services. This is accomplished by providing advocacy services | 11 | | for residents of long term care facilities and participants | 12 | | receiving home care and community-based care. Managed care is | 13 | | increasingly becoming the vehicle for delivering health and | 14 | | long-term services and supports to seniors and persons with | 15 | | disabilities, including dual eligible participants. The | 16 | | additional ombudsman authority will allow advocacy services to |
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| 1 | | be provided to Illinois participants for the first time and | 2 | | will produce a cost savings for the State of Illinois by | 3 | | supporting the rebalancing efforts of the Patient Protection | 4 | | and Affordable Care Act.
| 5 | | (a) Long Term Care Ombudsman Program. The Department shall
| 6 | | establish a Long Term Care Ombudsman Program, through the | 7 | | Office of State
Long Term Care Ombudsman ("the Office"), in | 8 | | accordance with the provisions of
the Older Americans Act of | 9 | | 1965, as now or hereafter amended. The Long Term Care | 10 | | Ombudsman Program is authorized, subject to sufficient | 11 | | appropriations, to advocate on behalf of older persons and | 12 | | persons with disabilities residing in their own homes or | 13 | | community-based settings, relating to matters which may | 14 | | adversely affect the health, safety, welfare, or rights of | 15 | | such individuals.
| 16 | | (b) Definitions. As used in this Section, unless the | 17 | | context requires
otherwise:
| 18 | | (1) "Access" means the right to:
| 19 | | (i) Enter any long term care facility or assisted | 20 | | living or shared
housing establishment or supportive | 21 | | living facility;
| 22 | | (ii) Communicate privately and without restriction | 23 | | with any resident, regardless of age,
who consents to | 24 | | the communication;
| 25 | | (iii) Seek consent to communicate privately and | 26 | | without restriction
with any participant or resident, |
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| 1 | | regardless of age;
| 2 | | (iv) Inspect and copy the clinical and other | 3 | | records of a participant or resident, regardless of | 4 | | age, with the
express written consent of the | 5 | | participant or resident;
| 6 | | (v) Observe all areas of the long term care | 7 | | facility or supportive
living facilities, assisted | 8 | | living or shared housing establishment except the
| 9 | | living area of any resident who protests the | 10 | | observation; and
| 11 | | (vi) Subject to permission of the participant or | 12 | | resident requesting services or his or her | 13 | | representative, enter a home or community-based | 14 | | setting. | 15 | | (2) "Long Term Care Facility" means (i) any facility | 16 | | as defined by Section
1-113 of the Nursing Home Care Act, | 17 | | as now or hereafter amended; (ii) any
skilled nursing | 18 | | facility or a nursing facility which meets the
| 19 | | requirements of Section 1819(a), (b), (c), and (d) or | 20 | | Section 1919(a), (b),
(c), and (d) of the Social Security | 21 | | Act, as now or hereafter amended (42
U.S.C. 1395i-3(a), | 22 | | (b), (c), and (d) and 42 U.S.C. 1396r(a), (b), (c), and
| 23 | | (d)); (iii) any facility as defined by Section 1-113 of | 24 | | the ID/DD Community Care Act, as now or hereafter amended; | 25 | | (iv) any facility as defined by Section 1-113 of MC/DD | 26 | | Act, as now or hereafter amended; and (v) any facility |
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| 1 | | licensed under Section 4-105 or 4-201 of the Specialized | 2 | | Mental Health Rehabilitation Act of 2013, as now or | 3 | | hereafter amended.
| 4 | | (2.5) "Assisted living establishment" and "shared | 5 | | housing establishment"
have the meanings given those terms | 6 | | in Section 10 of the Assisted Living and
Shared Housing | 7 | | Act.
| 8 | | (2.7) "Supportive living facility" means a facility | 9 | | established under
Section 5-5.01a of the Illinois Public | 10 | | Aid Code.
| 11 | | (2.8) "Community-based setting" means any place of | 12 | | abode other than an individual's private home. | 13 | | (3) "State Long Term Care Ombudsman" means any person | 14 | | employed by the
Department to fulfill
the requirements of | 15 | | the Office of State Long Term Care Ombudsman as
required | 16 | | under the Older Americans Act of 1965, as now or hereafter | 17 | | amended,
and Departmental policy.
| 18 | | (3.1) "Ombudsman" means any designated representative | 19 | | of the State Long Term Care Ombudsman Program; provided | 20 | | that the representative, whether he is
paid for or | 21 | | volunteers his ombudsman services, shall be qualified and
| 22 | | designated by the Office to perform the duties of an | 23 | | ombudsman as specified by
the Department in rules and in | 24 | | accordance with the provisions of
the Older Americans Act | 25 | | of 1965, as now or hereafter amended.
| 26 | | (4) "Participant" means an older person aged 60 or |
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| 1 | | over or an adult with a disability aged 18 through 59 who | 2 | | is eligible for services under any of the following: | 3 | | (i) A medical assistance waiver administered by | 4 | | the State. | 5 | | (ii) A managed care organization providing care | 6 | | coordination and other services to seniors and persons | 7 | | with disabilities. | 8 | | (5) "Resident" means an older person aged 60 or over | 9 | | or an adult with a disability aged 18 through 59 who | 10 | | resides in a long-term care facility. | 11 | | (c) Ombudsman; rules. The Office of State Long Term Care | 12 | | Ombudsman shall
be composed of at least one full-time | 13 | | ombudsman and shall include a system of
designated regional | 14 | | long term care ombudsman programs. Each regional program
shall | 15 | | be designated by the State Long Term Care Ombudsman as a | 16 | | subdivision of
the Office and any representative of a regional | 17 | | program shall be treated as a
representative of the Office.
| 18 | | The Department, in consultation with the Office, shall | 19 | | promulgate
administrative rules in accordance with the | 20 | | provisions of the Older Americans
Act of 1965, as now or | 21 | | hereafter amended, to establish the responsibilities of
the | 22 | | Department and the Office of State Long Term Care Ombudsman | 23 | | and the
designated regional Ombudsman programs. The | 24 | | administrative rules shall include
the responsibility of the | 25 | | Office and designated regional programs to
investigate and | 26 | | resolve complaints made by or on behalf of residents of long
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| 1 | | term care facilities, supportive living facilities, and | 2 | | assisted living and
shared housing establishments, and | 3 | | participants residing in their own homes or community-based | 4 | | settings, including the option to serve residents and | 5 | | participants under the age of 60, relating to actions, | 6 | | inaction, or
decisions of providers, or their representatives, | 7 | | of such
facilities and establishments, of public agencies, or | 8 | | of social services agencies,
which may adversely affect the | 9 | | health, safety, welfare, or rights of such
residents and | 10 | | participants. The Office and designated regional programs may | 11 | | represent all residents and participants, but are not required | 12 | | by this Act to represent persons under 60 years of age, except | 13 | | to the extent required by federal law.
When necessary and | 14 | | appropriate, representatives of the Office shall refer
| 15 | | complaints to the appropriate regulatory State agency.
The | 16 | | Department, in consultation with the Office, shall cooperate | 17 | | with the
Department of Human Services and other State agencies | 18 | | in providing information and training to
designated regional | 19 | | long term care ombudsman programs about the appropriate
| 20 | | assessment and treatment (including information about | 21 | | appropriate supportive
services, treatment options, and | 22 | | assessment of rehabilitation potential) of the participants | 23 | | they serve. | 24 | | The State Long Term Care Ombudsman and all other | 25 | | ombudsmen, as defined in paragraph (3.1) of subsection (b) | 26 | | must submit to background checks under the Health Care Worker |
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| 1 | | Background Check Act and receive training, as prescribed by | 2 | | the Illinois Department on Aging, before visiting facilities, | 3 | | private homes, or community-based settings. The training must | 4 | | include information specific to assisted living | 5 | | establishments, supportive living facilities, shared housing | 6 | | establishments, private homes, and community-based settings | 7 | | and to the rights of residents and participants guaranteed | 8 | | under the corresponding Acts and administrative rules.
| 9 | | (c-5) Consumer Choice Information Reports. The Office | 10 | | shall: | 11 | | (1) In collaboration with the Attorney General, create | 12 | | a Consumer Choice Information Report form to be completed | 13 | | by all licensed long term care facilities to aid | 14 | | Illinoisans and their families in making informed choices | 15 | | about long term care. The Office shall create a Consumer | 16 | | Choice Information Report for each type of licensed long | 17 | | term care facility. The Office shall collaborate with the | 18 | | Attorney General and the Department of Human Services to | 19 | | create a Consumer Choice Information Report form for | 20 | | facilities licensed under the ID/DD Community Care Act or | 21 | | the MC/DD Act. | 22 | | (2) Develop a database of Consumer Choice Information | 23 | | Reports completed by licensed long term care facilities | 24 | | that includes information in the following consumer | 25 | | categories: | 26 | | (A) Medical Care, Services, and Treatment. |
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| 1 | | (B) Special Services and Amenities. | 2 | | (C) Staffing. | 3 | | (D) Facility Statistics and Resident Demographics. | 4 | | (E) Ownership and Administration. | 5 | | (F) Safety and Security. | 6 | | (G) Meals and Nutrition. | 7 | | (H) Rooms, Furnishings, and Equipment. | 8 | | (I) Family, Volunteer, and Visitation Provisions. | 9 | | (3) Make this information accessible to the public, | 10 | | including on the Internet by means of a hyperlink on the | 11 | | Office's World Wide Web home page. Information about | 12 | | facilities licensed under the ID/DD Community Care Act or | 13 | | the MC/DD Act shall be made accessible to the public by the | 14 | | Department of Human Services, including on the Internet by | 15 | | means of a hyperlink on the Department of Human Services' | 16 | | "For Customers" website. | 17 | | (4) Have the authority, with the Attorney General, to | 18 | | verify that information provided by a facility is | 19 | | accurate. | 20 | | (5) Request a new report from any licensed facility | 21 | | whenever it deems necessary.
| 22 | | (6) Include in the Office's Consumer Choice
| 23 | | Information Report for each type of licensed long term | 24 | | care
facility additional information on each licensed long | 25 | | term
care facility in the State of Illinois, including
| 26 | | information regarding each facility's compliance with the
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| 1 | | relevant State and federal statutes, rules, and standards;
| 2 | | customer satisfaction surveys; and information generated
| 3 | | from quality measures developed by the Centers for | 4 | | Medicare
and Medicaid Services. | 5 | | (d) Access and visitation rights.
| 6 | | (1) In accordance with subparagraphs (A) and (E) of | 7 | | paragraph (3) of
subsection (c) of Section 1819
and | 8 | | subparagraphs (A) and (E) of paragraph (3) of subsection | 9 | | (c) of Section
1919 of the Social Security Act, as now or | 10 | | hereafter amended (42 U.S.C.
1395i-3 (c)(3)(A) and (E) and | 11 | | 42 U.S.C. 1396r (c)(3)(A) and (E)), and
Section
712 of the | 12 | | Older Americans Act of 1965, as now or hereafter
amended | 13 | | (42 U.S.C. 3058f), a long term care facility, supportive | 14 | | living
facility, assisted living
establishment, and shared | 15 | | housing establishment must:
| 16 | | (i) permit immediate access to any resident, | 17 | | regardless of age, by a designated
ombudsman;
| 18 | | (ii) permit representatives of the Office, with | 19 | | the permission of the resident, the
resident's legal | 20 | | representative , or the resident's legal guardian, to | 21 | | examine and copy a resident's
clinical and other | 22 | | records, regardless of the age of the resident, and if | 23 | | a resident is unable to consent to such
review, and has | 24 | | no legal guardian, permit representatives of the | 25 | | Office
appropriate access, as defined by the | 26 | | Department, in consultation with the
Office, in |
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| 1 | | administrative rules, to the resident's records; and
| 2 | | (iii) permit a representative of the Program to | 3 | | communicate privately and without restriction with any | 4 | | participant who consents to the communication | 5 | | regardless of the consent of, or withholding of | 6 | | consent by, a legal guardian or an agent named in a | 7 | | power of attorney executed by the participant. | 8 | | (2) Each long term care facility, supportive living | 9 | | facility, assisted
living establishment, and
shared | 10 | | housing establishment shall display, in multiple, | 11 | | conspicuous
public places within the facility accessible | 12 | | to both visitors and residents and
in an easily readable | 13 | | format, the address and phone number of the Office of the
| 14 | | Long Term Care Ombudsman, in a manner prescribed by the | 15 | | Office.
| 16 | | (e) Immunity. An ombudsman or any representative of the | 17 | | Office participating
in the good faith performance of his or | 18 | | her official duties
shall have immunity from any liability | 19 | | (civil, criminal or otherwise) in
any proceedings (civil, | 20 | | criminal or otherwise) brought as a consequence of
the | 21 | | performance of his official duties.
| 22 | | (f) Business offenses.
| 23 | | (1) No person shall:
| 24 | | (i) Intentionally prevent, interfere with, or | 25 | | attempt to impede in any
way any representative of the | 26 | | Office in the performance of his
official
duties under |
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| 1 | | this Act and the Older Americans Act of 1965; or
| 2 | | (ii) Intentionally retaliate, discriminate | 3 | | against, or effect reprisals
against any long term | 4 | | care facility resident or employee for contacting or
| 5 | | providing information to any representative of the | 6 | | Office.
| 7 | | (2) A violation of this Section is a business offense, | 8 | | punishable by a
fine not to exceed $501.
| 9 | | (3) The State Long Term Care Ombudsman shall
notify | 10 | | the State's Attorney of the
county in which the long term | 11 | | care facility, supportive living facility, or
assisted | 12 | | living or shared housing establishment is located,
or the | 13 | | Attorney General, of any violations of this Section.
| 14 | | (g) Confidentiality of records and identities. The | 15 | | Department shall
establish procedures for the disclosure by | 16 | | the State Ombudsman or the regional
ombudsmen
entities of | 17 | | files maintained by the program. The procedures shall provide | 18 | | that
the files and records may be disclosed only at the | 19 | | discretion of the State Long
Term Care
Ombudsman or the person | 20 | | designated by the State Ombudsman to disclose the files
and | 21 | | records, and the procedures shall prohibit the disclosure of | 22 | | the identity
of any complainant, resident, participant, | 23 | | witness, or employee of a long term care provider
unless:
| 24 | | (1) the complainant, resident, participant, witness, | 25 | | or employee of a long term care
provider or his or her | 26 | | legal representative consents to the disclosure and the
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| 1 | | consent is in writing;
| 2 | | (2) the complainant, resident, participant, witness, | 3 | | or employee of a long term care
provider gives consent | 4 | | orally; and the consent is documented contemporaneously
in | 5 | | writing in
accordance with such requirements as the | 6 | | Department shall establish; or
| 7 | | (3) the disclosure is required by court order.
| 8 | | (h) Legal representation. The Attorney General shall
| 9 | | provide legal representation to any representative of the | 10 | | Office
against
whom suit or other legal action is brought in | 11 | | connection with the
performance of the representative's | 12 | | official duties, in accordance with the
State Employee | 13 | | Indemnification Act.
| 14 | | (i) Treatment by prayer and spiritual means. Nothing in | 15 | | this Act shall
be construed to authorize or require the | 16 | | medical supervision, regulation
or control of remedial care or | 17 | | treatment of any resident in a long term
care facility | 18 | | operated exclusively by and for members or adherents of any
| 19 | | church or religious denomination the tenets and practices of | 20 | | which include
reliance solely upon spiritual means through | 21 | | prayer for healing.
| 22 | | (j) The Long Term Care Ombudsman Fund is created as a | 23 | | special fund in the State treasury to receive moneys for the | 24 | | express purposes of this Section. All interest earned on | 25 | | moneys in the fund shall be credited to the fund. Moneys | 26 | | contained in the fund shall be used to support the purposes of |
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| 1 | | this Section. | 2 | | (k) Each Regional Ombudsman may, in accordance with rules | 3 | | promulgated by the Office, establish a multi-disciplinary team | 4 | | to act in an advisory role for the purpose of providing | 5 | | professional knowledge and expertise in handling complex | 6 | | abuse, neglect, and advocacy issues involving participants. | 7 | | Each multi-disciplinary team may consist of one or more | 8 | | volunteer representatives from any combination of at least 7 | 9 | | members from the following professions: banking or finance; | 10 | | disability care; health care; pharmacology; law; law | 11 | | enforcement; emergency responder; mental health care; clergy; | 12 | | coroner or medical examiner; substance abuse; domestic | 13 | | violence; sexual assault; or other related fields. To support | 14 | | multi-disciplinary teams in this role, law enforcement | 15 | | agencies and coroners or medical examiners shall supply | 16 | | records as may be requested in particular cases. The Regional | 17 | | Ombudsman, or his or her designee, of the area in which the | 18 | | multi-disciplinary team is created shall be the facilitator of | 19 | | the multi-disciplinary team. | 20 | | (Source: P.A. 102-1033, eff. 1-1-23 .)
| 21 | | Section 10. The Adult Protective Services Act is amended | 22 | | by changing Section 2 as follows:
| 23 | | (320 ILCS 20/2) (from Ch. 23, par. 6602)
| 24 | | Sec. 2. Definitions. As used in this Act, unless the |
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| 1 | | context
requires otherwise:
| 2 | | (a) "Abandonment" means the desertion or willful forsaking | 3 | | of an eligible adult by an individual responsible for the care | 4 | | and custody of that eligible adult under circumstances in | 5 | | which a reasonable person would continue to provide care and | 6 | | custody. Nothing in this Act shall be construed to mean that an | 7 | | eligible adult is a victim of abandonment because of health | 8 | | care services provided or not provided by licensed health care | 9 | | professionals. | 10 | | (a-1) "Abuse" means causing any physical, mental or sexual | 11 | | injury to an
eligible adult, including exploitation of such | 12 | | adult's financial resources, and abandonment.
| 13 | | Nothing in this Act shall be construed to mean that an | 14 | | eligible adult is a
victim of abuse, abandonment, neglect, or | 15 | | self-neglect for the sole reason that he or she is being
| 16 | | furnished with or relies upon treatment by spiritual means | 17 | | through prayer
alone, in accordance with the tenets and | 18 | | practices of a recognized church
or religious denomination.
| 19 | | Nothing in this Act shall be construed to mean that an | 20 | | eligible adult is a
victim of abuse because of health care | 21 | | services provided or not provided by
licensed health care | 22 | | professionals.
| 23 | | (a-5) "Abuser" means a person who abuses, abandons, | 24 | | neglects, or financially
exploits an eligible adult.
| 25 | | (a-6) "Adult with disabilities" means a person aged 18 | 26 | | through 59 who resides in a domestic living situation and |
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| 1 | | whose disability as defined in subsection (c-5) impairs his or | 2 | | her ability to seek or obtain protection from abuse, | 3 | | abandonment, neglect, or exploitation. | 4 | | (a-7) "Caregiver" means a person who either as a result of | 5 | | a family
relationship, voluntarily, or in exchange for | 6 | | compensation has assumed
responsibility for all or a portion | 7 | | of the care of an eligible adult who needs
assistance with | 8 | | activities of daily
living or instrumental activities of daily | 9 | | living.
| 10 | | (b) "Department" means the Department on Aging of the | 11 | | State of Illinois.
| 12 | | (c) "Director" means the Director of the Department.
| 13 | | (c-5) "Disability" means a physical or mental disability, | 14 | | including, but not limited to, a developmental disability, an | 15 | | intellectual disability, a mental illness as defined under the | 16 | | Mental Health and Developmental Disabilities Code, or dementia | 17 | | as defined under the Alzheimer's Disease Assistance Act. | 18 | | (d) "Domestic living situation" means a residence where | 19 | | the eligible
adult at the time of the report lives alone or | 20 | | with his or her family or a caregiver, or others,
or other | 21 | | community-based unlicensed facility, but
is not:
| 22 | | (1) A licensed facility as defined in Section 1-113 of | 23 | | the Nursing Home
Care Act;
| 24 | | (1.5) A facility licensed under the ID/DD Community | 25 | | Care Act; | 26 | | (1.6) A facility licensed under the MC/DD Act; |
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| 1 | | (1.7) A facility licensed under the Specialized Mental | 2 | | Health Rehabilitation Act of 2013; | 3 | | (2) A "life care facility" as defined in the Life Care | 4 | | Facilities Act;
| 5 | | (3) A home, institution, or other place operated by | 6 | | the federal
government or agency thereof or by the State | 7 | | of Illinois;
| 8 | | (4) A hospital, sanitarium, or other institution, the | 9 | | principal activity
or business of which is the diagnosis, | 10 | | care, and treatment of human illness
through the | 11 | | maintenance and operation of organized facilities | 12 | | therefor,
which is required to be licensed under the | 13 | | Hospital Licensing Act;
| 14 | | (5) A "community living facility" as defined in the | 15 | | Community Living
Facilities Licensing Act;
| 16 | | (6) (Blank);
| 17 | | (7) A "community-integrated living arrangement" as | 18 | | defined in
the Community-Integrated Living Arrangements | 19 | | Licensure and Certification Act or a "community | 20 | | residential alternative" as licensed under that Act;
| 21 | | (8) An assisted living or shared housing establishment | 22 | | as defined in the Assisted Living and Shared Housing Act; | 23 | | or
| 24 | | (9) A supportive living facility as described in | 25 | | Section 5-5.01a of the Illinois Public Aid Code.
| 26 | | (e) "Eligible adult" means either an adult with |
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| 1 | | disabilities aged 18 through 59 or a person aged 60 or older | 2 | | who
resides in a domestic living situation and is, or is | 3 | | alleged
to be, abused, abandoned, neglected, or financially | 4 | | exploited by another individual or who neglects himself or | 5 | | herself. "Eligible adult" also includes an adult who resides | 6 | | in any of the facilities that are excluded from the definition | 7 | | of "domestic living situation" under paragraphs (1) through | 8 | | (9) of subsection (d), if either: (i) the alleged abuse, | 9 | | abandonment, or neglect occurs outside of the facility and not | 10 | | under facility supervision and the alleged abuser is a family | 11 | | member, caregiver, or another person who has a continuing | 12 | | relationship with the adult; or (ii) the alleged financial | 13 | | exploitation is perpetrated by a family member, caregiver, or | 14 | | another person who has a continuing relationship with the | 15 | | adult, but who is not an employee of the facility where the | 16 | | adult resides.
| 17 | | (f) "Emergency" means a situation in which an eligible | 18 | | adult is living
in conditions presenting a risk of death or | 19 | | physical, mental or sexual
injury and the provider agency has | 20 | | reason to believe the eligible adult is
unable to
consent to | 21 | | services which would alleviate that risk.
| 22 | | (f-1) "Financial exploitation" means the use of an | 23 | | eligible adult's resources by another to the disadvantage of | 24 | | that adult or the profit or advantage of a person other than | 25 | | that adult. | 26 | | (f-5) "Mandated reporter" means any of the following |
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| 1 | | persons
while engaged in carrying out their professional | 2 | | duties:
| 3 | | (1) a professional or professional's delegate while | 4 | | engaged in: (i) social
services, (ii) law enforcement, | 5 | | (iii) education, (iv) the care of an eligible
adult or | 6 | | eligible adults, or (v) any of the occupations required to | 7 | | be licensed
under the Behavior Analyst Licensing Act,
the | 8 | | Clinical Psychologist Licensing Act, the Clinical Social | 9 | | Work and Social
Work Practice Act, the Illinois Dental | 10 | | Practice Act, the Dietitian Nutritionist Practice Act, the | 11 | | Marriage and Family Therapy Licensing Act, the
Medical | 12 | | Practice Act of 1987, the Naprapathic Practice Act, the
| 13 | | Nurse Practice Act, the Nursing Home
Administrators | 14 | | Licensing and
Disciplinary Act, the Illinois Occupational | 15 | | Therapy Practice Act, the Illinois
Optometric Practice Act | 16 | | of 1987, the Pharmacy Practice Act, the
Illinois Physical | 17 | | Therapy Act, the Physician Assistant Practice Act of 1987,
| 18 | | the Podiatric Medical Practice Act of 1987, the | 19 | | Respiratory Care Practice
Act,
the Professional Counselor | 20 | | and
Clinical Professional Counselor Licensing and Practice | 21 | | Act, the Illinois Speech-Language
Pathology and Audiology | 22 | | Practice Act, the Veterinary Medicine and Surgery
Practice | 23 | | Act of 2004, and the Illinois Public Accounting Act;
| 24 | | (1.5) an employee of an entity providing developmental | 25 | | disabilities services or service coordination funded by | 26 | | the Department of Human Services; |
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| 1 | | (2) an employee of a vocational rehabilitation | 2 | | facility prescribed or
supervised by the Department of | 3 | | Human Services;
| 4 | | (3) an administrator, employee, or person providing | 5 | | services in or through
an unlicensed community based | 6 | | facility;
| 7 | | (4) any religious practitioner who provides treatment | 8 | | by prayer or spiritual means alone in accordance with the | 9 | | tenets and practices of a recognized church or religious | 10 | | denomination, except as to information received in any | 11 | | confession or sacred communication enjoined by the | 12 | | discipline of the religious denomination to be held | 13 | | confidential;
| 14 | | (5) field personnel of the Department of Healthcare | 15 | | and Family Services, Department of Public
Health, and | 16 | | Department of Human Services, and any county or
municipal | 17 | | health department;
| 18 | | (6) personnel of the Department of Human Services, the | 19 | | Guardianship and
Advocacy Commission, the State Fire | 20 | | Marshal, local fire departments, the
Department on Aging | 21 | | and its subsidiary Area Agencies on Aging and provider
| 22 | | agencies, except the State Long Term Care Ombudsman and | 23 | | any of his or her representatives or volunteers where | 24 | | prohibited from making such a report pursuant to 45 CFR | 25 | | 1324.11(e)(3)(iv); and the Office of State Long Term Care | 26 | | Ombudsman;
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| 1 | | (7) any employee of the State of Illinois not | 2 | | otherwise specified herein
who is involved in providing | 3 | | services to eligible adults, including
professionals | 4 | | providing medical or rehabilitation services and all
other | 5 | | persons having direct contact with eligible adults;
| 6 | | (8) a person who performs the duties of a coroner
or | 7 | | medical examiner; or
| 8 | | (9) a person who performs the duties of a paramedic or | 9 | | an emergency
medical
technician.
| 10 | | (g) "Neglect" means
another individual's failure to | 11 | | provide an eligible
adult with or willful withholding from an | 12 | | eligible adult the necessities of
life including, but not | 13 | | limited to, food, clothing, shelter or health care.
This | 14 | | subsection does not create any new affirmative duty to provide | 15 | | support to
eligible adults. Nothing in this Act shall be | 16 | | construed to mean that an
eligible adult is a victim of neglect | 17 | | because of health care services provided
or not provided by | 18 | | licensed health care professionals.
| 19 | | (h) "Provider agency" means any public or nonprofit agency | 20 | | in a planning
and service area that is selected by the | 21 | | Department or appointed by the regional administrative agency | 22 | | with prior
approval by the Department on Aging to receive and | 23 | | assess reports of
alleged or suspected abuse, abandonment, | 24 | | neglect, or financial exploitation. A provider agency is also | 25 | | referenced as a "designated agency" in this Act.
| 26 | | (i) "Regional administrative agency" means any public or |
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| 1 | | nonprofit
agency in a planning and service area that provides | 2 | | regional oversight and performs functions as set forth in | 3 | | subsection (b) of Section 3 of this Act. The Department shall | 4 | | designate an Area Agency on Aging as the regional | 5 | | administrative agency or, in the event the Area Agency on | 6 | | Aging in that planning and service area is deemed by the | 7 | | Department to be unwilling or unable to provide those | 8 | | functions, the Department may serve as the regional | 9 | | administrative agency or designate another qualified entity to | 10 | | serve as the regional administrative agency; any such | 11 | | designation shall be subject to terms set forth by the | 12 | | Department.
| 13 | | (i-5) "Self-neglect" means a condition that is the result | 14 | | of an eligible adult's inability, due to physical or mental | 15 | | impairments, or both, or a diminished capacity, to perform | 16 | | essential self-care tasks that substantially threaten his or | 17 | | her own health, including: providing essential food, clothing, | 18 | | shelter, and health care; and obtaining goods and services | 19 | | necessary to maintain physical health, mental health, | 20 | | emotional well-being, and general safety. The term includes | 21 | | compulsive hoarding, which is characterized by the acquisition | 22 | | and retention of large quantities of items and materials that | 23 | | produce an extensively cluttered living space, which | 24 | | significantly impairs the performance of essential self-care | 25 | | tasks or otherwise substantially threatens life or safety.
| 26 | | (j) "Substantiated case" means a reported case of alleged |
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| 1 | | or suspected
abuse, abandonment, neglect, financial | 2 | | exploitation, or self-neglect in which a provider agency,
| 3 | | after assessment, determines that there is reason to believe | 4 | | abuse,
abandonment, neglect, or financial exploitation has | 5 | | occurred.
| 6 | | (k) "Verified" means a determination that there is "clear | 7 | | and convincing evidence" that the specific injury or harm | 8 | | alleged was the result of abuse, abandonment, neglect, or | 9 | | financial exploitation. | 10 | | (Source: P.A. 102-244, eff. 1-1-22; 102-953, eff. 5-27-22.)".
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