Full Text of HB4530 103rd General Assembly
HB4530 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB4530 Introduced 1/31/2024, by Rep. Joyce Mason SYNOPSIS AS INTRODUCED: | | 320 ILCS 20/2 | from Ch. 23, par. 6602 |
| Amends the Adult Protective Services Act. Expands the Act to provide adult protective services to persons 18 years of age or older who are enrolled in a school district, charter school, or nonpublic school in this State. |
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| | A BILL FOR |
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| 1 | | AN ACT concerning adult protective services. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Adult Protective Services Act is amended by | 5 | | changing Section 2 as follows: | 6 | | (320 ILCS 20/2) (from Ch. 23, par. 6602) | 7 | | Sec. 2. Definitions. As used in this Act, unless the | 8 | | context requires otherwise: | 9 | | (a) "Abandonment" means the desertion or willful forsaking | 10 | | of an eligible adult by an individual responsible for the care | 11 | | and custody of that eligible adult under circumstances in | 12 | | which a reasonable person would continue to provide care and | 13 | | custody. Nothing in this Act shall be construed to mean that an | 14 | | eligible adult is a victim of abandonment because of health | 15 | | care services provided or not provided by licensed health care | 16 | | professionals. | 17 | | (a-1) "Abuse" means causing any physical, mental or sexual | 18 | | injury to an eligible adult, including exploitation of such | 19 | | adult's financial resources, and abandonment. | 20 | | Nothing in this Act shall be construed to mean that an | 21 | | eligible adult is a victim of abuse, abandonment, neglect, or | 22 | | self-neglect for the sole reason that he or she is being | 23 | | furnished with or relies upon treatment by spiritual means |
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| 1 | | through prayer alone, in accordance with the tenets and | 2 | | practices of a recognized church or religious denomination. | 3 | | Nothing in this Act shall be construed to mean that an | 4 | | eligible adult is a victim of abuse because of health care | 5 | | services provided or not provided by licensed health care | 6 | | professionals. | 7 | | Nothing in this Act shall be construed to mean that an | 8 | | eligible adult is a victim of abuse in cases of criminal | 9 | | activity by strangers, telemarketing scams, consumer fraud, | 10 | | internet fraud, home repair disputes, complaints against a | 11 | | homeowners' association, or complaints between landlords and | 12 | | tenants. | 13 | | (a-5) "Abuser" means a person who is a family member, | 14 | | caregiver, or another person who has a continuing relationship | 15 | | with the eligible adult and abuses, abandons, neglects, or | 16 | | financially exploits an eligible adult. | 17 | | (a-6) "Adult with disabilities" means a person aged 18 | 18 | | through 59 who resides in a domestic living situation and | 19 | | whose disability as defined in subsection (c-5) impairs his or | 20 | | her ability to seek or obtain protection from abuse, | 21 | | abandonment, neglect, or exploitation. | 22 | | (a-7) "Caregiver" means a person who either as a result of | 23 | | a family relationship, voluntarily, or in exchange for | 24 | | compensation has assumed responsibility for all or a portion | 25 | | of the care of an eligible adult who needs assistance with | 26 | | activities of daily living or instrumental activities of daily |
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| 1 | | living. | 2 | | (b) "Department" means the Department on Aging of the | 3 | | State of Illinois. | 4 | | (c) "Director" means the Director of the Department. | 5 | | (c-5) "Disability" means a physical or mental disability, | 6 | | including, but not limited to, a developmental disability, an | 7 | | intellectual disability, a mental illness as defined under the | 8 | | Mental Health and Developmental Disabilities Code, or dementia | 9 | | as defined under the Alzheimer's Disease Assistance Act. | 10 | | (d) "Domestic living situation" means a residence where | 11 | | the eligible adult at the time of the report lives alone or | 12 | | with his or her family or a caregiver, or others, or other | 13 | | community-based unlicensed facility, but is not: | 14 | | (1) A licensed facility as defined in Section 1-113 of | 15 | | the Nursing Home Care Act; | 16 | | (1.5) A facility licensed under the ID/DD Community | 17 | | Care Act; | 18 | | (1.6) A facility licensed under the MC/DD Act; | 19 | | (1.7) A facility licensed under the Specialized Mental | 20 | | Health Rehabilitation Act of 2013; | 21 | | (2) A "life care facility" as defined in the Life Care | 22 | | Facilities Act; | 23 | | (3) A home, institution, or other place operated by | 24 | | the federal government or agency thereof or by the State | 25 | | of Illinois; | 26 | | (4) A hospital, sanitarium, or other institution, the |
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| 1 | | principal activity or business of which is the diagnosis, | 2 | | care, and treatment of human illness through the | 3 | | maintenance and operation of organized facilities | 4 | | therefor, which is required to be licensed under the | 5 | | Hospital Licensing Act; | 6 | | (5) A "community living facility" as defined in the | 7 | | Community Living Facilities Licensing Act; | 8 | | (6) (Blank); | 9 | | (7) A "community-integrated living arrangement" as | 10 | | defined in the Community-Integrated Living Arrangements | 11 | | Licensure and Certification Act or a "community | 12 | | residential alternative" as licensed under that Act; | 13 | | (8) An assisted living or shared housing establishment | 14 | | as defined in the Assisted Living and Shared Housing Act; | 15 | | or | 16 | | (9) A supportive living facility as described in | 17 | | Section 5-5.01a of the Illinois Public Aid Code. | 18 | | (e) "Eligible adult" means either a person aged 18 or | 19 | | older who is enrolled in a school district, charter school, or | 20 | | nonpublic school in this State, an adult with disabilities | 21 | | aged 18 through 59 , or a person aged 60 or older who resides in | 22 | | a domestic living situation and is, or is alleged to be, | 23 | | abused, abandoned, neglected, or financially exploited by | 24 | | another individual or who neglects himself or herself. | 25 | | "Eligible adult" also includes an adult who resides in any of | 26 | | the facilities that are excluded from the definition of |
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| 1 | | "domestic living situation" under paragraphs (1) through (9) | 2 | | of subsection (d), if either: (i) the alleged abuse, | 3 | | abandonment, or neglect occurs outside of the facility and not | 4 | | under facility supervision and the alleged abuser is a family | 5 | | member, caregiver, or another person who has a continuing | 6 | | relationship with the adult; or (ii) the alleged financial | 7 | | exploitation is perpetrated by a family member, caregiver, or | 8 | | another person who has a continuing relationship with the | 9 | | adult, but who is not an employee of the facility where the | 10 | | adult resides. | 11 | | (f) "Emergency" means a situation in which an eligible | 12 | | adult is living in conditions presenting a risk of death or | 13 | | physical, mental or sexual injury and the provider agency has | 14 | | reason to believe the eligible adult is unable to consent to | 15 | | services which would alleviate that risk. | 16 | | (f-1) "Financial exploitation" means the use of an | 17 | | eligible adult's resources by another to the disadvantage of | 18 | | that adult or the profit or advantage of a person other than | 19 | | that adult. | 20 | | (f-3) "Investment advisor" means any person required to | 21 | | register as an investment adviser or investment adviser | 22 | | representative under Section 8 of the Illinois Securities Law | 23 | | of 1953, which for purposes of this Act excludes any bank, | 24 | | trust company, savings bank, or credit union, or their | 25 | | respective employees. | 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); | 26 | | (7) any employee of the State of Illinois not |
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| 1 | | otherwise specified herein who is involved in providing | 2 | | services to eligible adults, including professionals | 3 | | providing medical or rehabilitation services and all other | 4 | | persons having direct contact with eligible adults; | 5 | | (8) a person who performs the duties of a coroner or | 6 | | medical examiner; | 7 | | (9) a person who performs the duties of a paramedic or | 8 | | an emergency medical technician; or | 9 | | (10) a person who performs the duties of an investment | 10 | | advisor. | 11 | | (g) "Neglect" means another individual's failure to | 12 | | provide an eligible adult with or willful withholding from an | 13 | | eligible adult the necessities of life including, but not | 14 | | limited to, food, clothing, shelter or health care. This | 15 | | subsection does not create any new affirmative duty to provide | 16 | | support to eligible adults. Nothing in this Act shall be | 17 | | construed to mean that an eligible adult is a victim of neglect | 18 | | because of health care services provided or not provided by | 19 | | licensed health care professionals. | 20 | | (h) "Provider agency" means any public or nonprofit agency | 21 | | in a planning and service area that is selected by the | 22 | | Department or appointed by the regional administrative agency | 23 | | with prior approval by the Department on Aging to receive and | 24 | | assess reports of alleged or suspected abuse, abandonment, | 25 | | neglect, or financial exploitation. A provider agency is also | 26 | | referenced as a "designated agency" in this Act. |
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| 1 | | (i) "Regional administrative agency" means any public or | 2 | | nonprofit agency in a planning and service area that provides | 3 | | regional oversight and performs functions as set forth in | 4 | | subsection (b) of Section 3 of this Act. The Department shall | 5 | | designate an Area Agency on Aging as the regional | 6 | | administrative agency or, in the event the Area Agency on | 7 | | Aging in that planning and service area is deemed by the | 8 | | Department to be unwilling or unable to provide those | 9 | | functions, the Department may serve as the regional | 10 | | administrative agency or designate another qualified entity to | 11 | | serve as the regional administrative agency; any such | 12 | | designation shall be subject to terms set forth by the | 13 | | Department. | 14 | | (i-5) "Self-neglect" means a condition that is the result | 15 | | of an eligible adult's inability, due to physical or mental | 16 | | impairments, or both, or a diminished capacity, to perform | 17 | | essential self-care tasks that substantially threaten his or | 18 | | her own health, including: providing essential food, clothing, | 19 | | shelter, and health care; and obtaining goods and services | 20 | | necessary to maintain physical health, mental health, | 21 | | emotional well-being, and general safety. The term includes | 22 | | compulsive hoarding, which is characterized by the acquisition | 23 | | and retention of large quantities of items and materials that | 24 | | produce an extensively cluttered living space, which | 25 | | significantly impairs the performance of essential self-care | 26 | | tasks or otherwise substantially threatens life or safety. |
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| 1 | | (j) "Substantiated case" means a reported case of alleged | 2 | | or suspected abuse, abandonment, neglect, financial | 3 | | exploitation, or self-neglect in which a provider agency, | 4 | | after assessment, determines that there is reason to believe | 5 | | abuse, abandonment, neglect, or financial exploitation has | 6 | | occurred. | 7 | | (k) "Verified" means a determination that there is "clear | 8 | | and convincing evidence" that the specific injury or harm | 9 | | alleged was the result of abuse, abandonment, neglect, or | 10 | | financial exploitation. | 11 | | (Source: P.A. 102-244, eff. 1-1-22; 102-953, eff. 5-27-22; | 12 | | 103-329, eff. 1-1-24 .) |
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