Full Text of SB1620 103rd General Assembly
SB1620 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB1620 Introduced 2/8/2023, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED: |
| 320 ILCS 20/2 | from Ch. 23, par. 6602 |
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Amends the Adult Protective Services Act. Excludes from the definition of "mandated reporter" the State Long-Term Care Ombudsman and the Ombudsman's representatives or volunteers when such persons are prohibited from making a report under federal regulations.
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| | A BILL FOR |
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| 1 | | AN ACT concerning aging.
| 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 | | (a-5) "Abuser" means a person who abuses, abandons, | 8 | | neglects, or financially
exploits an eligible adult.
| 9 | | (a-6) "Adult with disabilities" means a person aged 18 | 10 | | through 59 who resides in a domestic living situation and | 11 | | whose disability as defined in subsection (c-5) impairs his or | 12 | | her ability to seek or obtain protection from abuse, | 13 | | abandonment, neglect, or exploitation. | 14 | | (a-7) "Caregiver" means a person who either as a result of | 15 | | a family
relationship, voluntarily, or in exchange for | 16 | | compensation has assumed
responsibility for all or a portion | 17 | | of the care of an eligible adult who needs
assistance with | 18 | | activities of daily
living or instrumental activities of daily | 19 | | living.
| 20 | | (b) "Department" means the Department on Aging of the | 21 | | State of Illinois.
| 22 | | (c) "Director" means the Director of the Department.
| 23 | | (c-5) "Disability" means a physical or mental disability, | 24 | | including, but not limited to, a developmental disability, an | 25 | | intellectual disability, a mental illness as defined under the | 26 | | Mental Health and Developmental Disabilities Code, or dementia |
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| 1 | | as defined under the Alzheimer's Disease Assistance Act. | 2 | | (d) "Domestic living situation" means a residence where | 3 | | the eligible
adult at the time of the report lives alone or | 4 | | with his or her family or a caregiver, or others,
or other | 5 | | community-based unlicensed facility, but
is not:
| 6 | | (1) A licensed facility as defined in Section 1-113 of | 7 | | the Nursing Home
Care Act;
| 8 | | (1.5) A facility licensed under the ID/DD Community | 9 | | Care Act; | 10 | | (1.6) A facility licensed under the MC/DD Act; | 11 | | (1.7) A facility licensed under the Specialized Mental | 12 | | Health Rehabilitation Act of 2013; | 13 | | (2) A "life care facility" as defined in the Life Care | 14 | | Facilities Act;
| 15 | | (3) A home, institution, or other place operated by | 16 | | the federal
government or agency thereof or by the State | 17 | | of Illinois;
| 18 | | (4) A hospital, sanitarium, or other institution, the | 19 | | principal activity
or business of which is the diagnosis, | 20 | | care, and treatment of human illness
through the | 21 | | maintenance and operation of organized facilities | 22 | | therefor,
which is required to be licensed under the | 23 | | Hospital Licensing Act;
| 24 | | (5) A "community living facility" as defined in the | 25 | | Community Living
Facilities Licensing Act;
| 26 | | (6) (Blank);
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| 1 | | (7) A "community-integrated living arrangement" as | 2 | | defined in
the Community-Integrated Living Arrangements | 3 | | Licensure and Certification Act or a "community | 4 | | residential alternative" as licensed under that Act;
| 5 | | (8) An assisted living or shared housing establishment | 6 | | as defined in the Assisted Living and Shared Housing Act; | 7 | | or
| 8 | | (9) A supportive living facility as described in | 9 | | Section 5-5.01a of the Illinois Public Aid Code.
| 10 | | (e) "Eligible adult" means either an adult with | 11 | | disabilities aged 18 through 59 or a person aged 60 or older | 12 | | who
resides in a domestic living situation and is, or is | 13 | | alleged
to be, abused, abandoned, neglected, or financially | 14 | | exploited by another individual or who neglects himself or | 15 | | herself. "Eligible adult" also includes an adult who resides | 16 | | in any of the facilities that are excluded from the definition | 17 | | of "domestic living situation" under paragraphs (1) through | 18 | | (9) of subsection (d), if either: (i) the alleged abuse, | 19 | | abandonment, or neglect occurs outside of the facility and not | 20 | | under facility supervision and the alleged abuser is a family | 21 | | member, caregiver, or another person who has a continuing | 22 | | relationship with the adult; or (ii) the alleged financial | 23 | | exploitation is perpetrated by a family member, caregiver, or | 24 | | another person who has a continuing relationship with the | 25 | | adult, but who is not an employee of the facility where the | 26 | | adult resides.
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| 1 | | (f) "Emergency" means a situation in which an eligible | 2 | | adult is living
in conditions presenting a risk of death or | 3 | | physical, mental or sexual
injury and the provider agency has | 4 | | reason to believe the eligible adult is
unable to
consent to | 5 | | services which would alleviate that risk.
| 6 | | (f-1) "Financial exploitation" means the use of an | 7 | | eligible adult's resources by another to the disadvantage of | 8 | | that adult or the profit or advantage of a person other than | 9 | | that adult. | 10 | | (f-5) "Mandated reporter" means any of the following | 11 | | persons
while engaged in carrying out their professional | 12 | | duties:
| 13 | | (1) a professional or professional's delegate while | 14 | | engaged in: (i) social
services, (ii) law enforcement, | 15 | | (iii) education, (iv) the care of an eligible
adult or | 16 | | eligible adults, or (v) any of the occupations required to | 17 | | be licensed
under the Behavior Analyst Licensing Act,
the | 18 | | Clinical Psychologist Licensing Act, the Clinical Social | 19 | | Work and Social
Work Practice Act, the Illinois Dental | 20 | | Practice Act, the Dietitian Nutritionist Practice Act, the | 21 | | Marriage and Family Therapy Licensing Act, the
Medical | 22 | | Practice Act of 1987, the Naprapathic Practice Act, the
| 23 | | Nurse Practice Act, the Nursing Home
Administrators | 24 | | Licensing and
Disciplinary Act, the Illinois Occupational | 25 | | Therapy Practice Act, the Illinois
Optometric Practice Act | 26 | | of 1987, the Pharmacy Practice Act, the
Illinois Physical |
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| 1 | | Therapy Act, the Physician Assistant Practice Act of 1987,
| 2 | | the Podiatric Medical Practice Act of 1987, the | 3 | | Respiratory Care Practice
Act,
the Professional Counselor | 4 | | and
Clinical Professional Counselor Licensing and Practice | 5 | | Act, the Illinois Speech-Language
Pathology and Audiology | 6 | | Practice Act, the Veterinary Medicine and Surgery
Practice | 7 | | Act of 2004, and the Illinois Public Accounting Act;
| 8 | | (1.5) an employee of an entity providing developmental | 9 | | disabilities services or service coordination funded by | 10 | | the Department of Human Services; | 11 | | (2) an employee of a vocational rehabilitation | 12 | | facility prescribed or
supervised by the Department of | 13 | | Human Services;
| 14 | | (3) an administrator, employee, or person providing | 15 | | services in or through
an unlicensed community based | 16 | | facility;
| 17 | | (4) any religious practitioner who provides treatment | 18 | | by prayer or spiritual means alone in accordance with the | 19 | | tenets and practices of a recognized church or religious | 20 | | denomination, except as to information received in any | 21 | | confession or sacred communication enjoined by the | 22 | | discipline of the religious denomination to be held | 23 | | confidential;
| 24 | | (5) field personnel of the Department of Healthcare | 25 | | and Family Services, Department of Public
Health, and | 26 | | Department of Human Services, and any county or
municipal |
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| 1 | | health department;
| 2 | | (6) personnel of the Department of Human Services, the | 3 | | Guardianship and
Advocacy Commission, the State Fire | 4 | | Marshal, local fire departments, and the
Department on | 5 | | Aging and its subsidiary Area Agencies on Aging and | 6 | | provider
agencies , but not including the State Long-Term | 7 | | Care Ombudsman or any of the Ombudsman's representatives | 8 | | or volunteers when such persons are prohibited from making | 9 | | a report as provided under 45 CFR 1324.11(e)(3)(iv) , and | 10 | | the Office of State Long Term Care Ombudsman ;
| 11 | | (7) any employee of the State of Illinois not | 12 | | otherwise specified herein
who is involved in providing | 13 | | services to eligible adults, including
professionals | 14 | | providing medical or rehabilitation services and all
other | 15 | | persons having direct contact with eligible adults;
| 16 | | (8) a person who performs the duties of a coroner
or | 17 | | medical examiner; or
| 18 | | (9) a person who performs the duties of a paramedic or | 19 | | an emergency
medical
technician.
| 20 | | (g) "Neglect" means
another individual's failure to | 21 | | provide an eligible
adult with or willful withholding from an | 22 | | eligible adult the necessities of
life including, but not | 23 | | limited to, food, clothing, shelter or health care.
This | 24 | | subsection does not create any new affirmative duty to provide | 25 | | support to
eligible adults. Nothing in this Act shall be | 26 | | construed to mean that an
eligible adult is a victim of neglect |
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| 1 | | because of health care services provided
or not provided by | 2 | | licensed health care professionals.
| 3 | | (h) "Provider agency" means any public or nonprofit agency | 4 | | in a planning
and service area that is selected by the | 5 | | Department or appointed by the regional administrative agency | 6 | | with prior
approval by the Department on Aging to receive and | 7 | | assess reports of
alleged or suspected abuse, abandonment, | 8 | | neglect, or financial exploitation. A provider agency is also | 9 | | referenced as a "designated agency" in this Act.
| 10 | | (i) "Regional administrative agency" means any public or | 11 | | nonprofit
agency in a planning and service area that provides | 12 | | regional oversight and performs functions as set forth in | 13 | | subsection (b) of Section 3 of this Act. The Department shall | 14 | | designate an Area Agency on Aging as the regional | 15 | | administrative agency or, in the event the Area Agency on | 16 | | Aging in that planning and service area is deemed by the | 17 | | Department to be unwilling or unable to provide those | 18 | | functions, the Department may serve as the regional | 19 | | administrative agency or designate another qualified entity to | 20 | | serve as the regional administrative agency; any such | 21 | | designation shall be subject to terms set forth by the | 22 | | Department.
| 23 | | (i-5) "Self-neglect" means a condition that is the result | 24 | | of an eligible adult's inability, due to physical or mental | 25 | | impairments, or both, or a diminished capacity, to perform | 26 | | essential self-care tasks that substantially threaten his or |
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| 1 | | her own health, including: providing essential food, clothing, | 2 | | shelter, and health care; and obtaining goods and services | 3 | | necessary to maintain physical health, mental health, | 4 | | emotional well-being, and general safety. The term includes | 5 | | compulsive hoarding, which is characterized by the acquisition | 6 | | and retention of large quantities of items and materials that | 7 | | produce an extensively cluttered living space, which | 8 | | significantly impairs the performance of essential self-care | 9 | | tasks or otherwise substantially threatens life or safety.
| 10 | | (j) "Substantiated case" means a reported case of alleged | 11 | | or suspected
abuse, abandonment, neglect, financial | 12 | | exploitation, or self-neglect in which a provider agency,
| 13 | | after assessment, determines that there is reason to believe | 14 | | abuse,
abandonment, neglect, or financial exploitation has | 15 | | occurred.
| 16 | | (k) "Verified" means a determination that there is "clear | 17 | | and convincing evidence" that the specific injury or harm | 18 | | alleged was the result of abuse, abandonment, neglect, or | 19 | | financial exploitation. | 20 | | (Source: P.A. 102-244, eff. 1-1-22; 102-953, eff. 5-27-22.)
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