Full Text of HB2388 096th General Assembly
HB2388enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning aging.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Elder Abuse and Neglect Act is amended by | 5 |
| changing Sections 2 and 3 as follows:
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| (320 ILCS 20/2) (from Ch. 23, par. 6602)
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| Sec. 2. Definitions. As used in this Act, unless the | 8 |
| context
requires otherwise:
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| (a) "Abuse" means causing any physical, mental or sexual | 10 |
| injury to an
eligible adult, including exploitation of such | 11 |
| adult's financial resources.
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| Nothing in this Act shall be construed to mean that an | 13 |
| eligible adult is a
victim of abuse, neglect, or self-neglect | 14 |
| for the sole reason that he or she is being
furnished with or | 15 |
| relies upon treatment by spiritual means through prayer
alone, | 16 |
| in accordance with the tenets and practices of a recognized | 17 |
| church
or religious denomination.
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| Nothing in this Act shall be construed to mean that an | 19 |
| eligible adult is a
victim of abuse because of health care | 20 |
| services provided or not provided by
licensed health care | 21 |
| professionals.
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| (a-5) "Abuser" means a person who abuses, neglects, or | 23 |
| financially
exploits an eligible adult.
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| (a-7) "Caregiver" means a person who either as a result of | 2 |
| a family
relationship, voluntarily, or in exchange for | 3 |
| compensation has assumed
responsibility for all or a portion of | 4 |
| the care of an eligible adult who needs
assistance with | 5 |
| activities of daily
living.
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| (b) "Department" means the Department on Aging of the State | 7 |
| of Illinois.
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| (c) "Director" means the Director of the Department.
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| (d) "Domestic living situation" means a residence where the | 10 |
| eligible
adult lives alone or with his or her family or a | 11 |
| caregiver, or others,
or a board and care home or other | 12 |
| community-based unlicensed facility, but
is not:
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| (1) A licensed facility as defined in Section 1-113 of | 14 |
| the Nursing Home
Care Act;
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| (2) A "life care facility" as defined in the Life Care | 16 |
| Facilities Act;
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| (3) A home, institution, or other place operated by the | 18 |
| federal
government or agency thereof or by the State of | 19 |
| Illinois;
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| (4) A hospital, sanitarium, or other institution, the | 21 |
| principal activity
or business of which is the diagnosis, | 22 |
| care, and treatment of human illness
through the | 23 |
| maintenance and operation of organized facilities | 24 |
| therefor,
which is required to be licensed under the | 25 |
| Hospital Licensing Act;
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| (5) A "community living facility" as defined in the |
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| Community Living
Facilities Licensing Act;
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| (6) A "community residential alternative" as defined | 3 |
| in the Community
Residential Alternatives Licensing Act;
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| (7) A "community-integrated living arrangement" as | 5 |
| defined in
the Community-Integrated Living Arrangements | 6 |
| Licensure and Certification Act;
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| (8) An assisted living or shared housing establishment | 8 |
| as defined in the Assisted Living and Shared Housing Act; | 9 |
| or
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| (9) A supportive living facility as described in | 11 |
| Section 5-5.01a of the Illinois Public Aid Code.
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| (e) "Eligible adult" means a person 60 years of age or | 13 |
| older who
resides in a domestic living situation and is, or is | 14 |
| alleged
to be, abused, neglected, or financially exploited by | 15 |
| another individual or who neglects himself or herself.
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| (f) "Emergency" means a situation in which an eligible | 17 |
| adult is living
in conditions presenting a risk of death or | 18 |
| physical, mental or sexual
injury and the provider agency has | 19 |
| reason to believe the eligible adult is
unable to
consent to | 20 |
| services which would alleviate that risk.
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| (f-5) "Mandated reporter" means any of the following | 22 |
| persons
while engaged in carrying out their professional | 23 |
| duties:
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| (1) a professional or professional's delegate while | 25 |
| engaged in: (i) social
services, (ii) law enforcement, | 26 |
| (iii) education, (iv) the care of an eligible
adult or |
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| eligible adults, or (v) any of the occupations required to | 2 |
| be licensed
under
the Clinical Psychologist Licensing Act, | 3 |
| the Clinical Social Work and Social
Work Practice Act, the | 4 |
| Illinois Dental Practice Act, the Dietetic and Nutrition
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| Services Practice Act, the Marriage and Family Therapy | 6 |
| Licensing Act, the
Medical Practice Act of 1987, the | 7 |
| Naprapathic Practice Act, the
Nurse Practice Act, the | 8 |
| Nursing Home
Administrators Licensing and
Disciplinary | 9 |
| Act, the Illinois Occupational Therapy Practice Act, the | 10 |
| Illinois
Optometric Practice Act of 1987, the Pharmacy | 11 |
| Practice Act, the
Illinois Physical Therapy Act, the | 12 |
| Physician Assistant Practice Act of 1987,
the Podiatric | 13 |
| Medical Practice Act of 1987, the Respiratory Care Practice
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| Act,
the Professional Counselor and
Clinical Professional | 15 |
| Counselor Licensing Act, the Illinois Speech-Language
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| Pathology and Audiology Practice Act, the Veterinary | 17 |
| Medicine and Surgery
Practice Act of 2004, and the Illinois | 18 |
| Public Accounting Act;
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| (2) an employee of a vocational rehabilitation | 20 |
| facility prescribed or
supervised by the Department of | 21 |
| Human Services;
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| (3) an administrator, employee, or person providing | 23 |
| services in or through
an unlicensed community based | 24 |
| facility;
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| (4) any religious practitioner who provides treatment | 26 |
| by prayer or spiritual means alone in accordance with the |
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| tenets and practices of a recognized church or religious | 2 |
| denomination, except as to information received in any | 3 |
| confession or sacred communication enjoined by the | 4 |
| discipline of the religious denomination to be held | 5 |
| confidential;
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| (5) field personnel of the Department of Healthcare and | 7 |
| Family Services, Department of Public
Health, and | 8 |
| Department of Human Services, and any county or
municipal | 9 |
| health department;
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| (6) personnel of the Department of Human Services, the | 11 |
| Guardianship and
Advocacy Commission, the State Fire | 12 |
| Marshal, local fire departments, the
Department on Aging | 13 |
| and its subsidiary Area Agencies on Aging and provider
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| agencies, and the Office of State Long Term Care Ombudsman;
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| (7) any employee of the State of Illinois not otherwise | 16 |
| specified herein
who is involved in providing services to | 17 |
| eligible adults, including
professionals providing medical | 18 |
| or rehabilitation services and all
other persons having | 19 |
| direct contact with eligible adults;
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| (8) a person who performs the duties of a coroner
or | 21 |
| medical examiner; or
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| (9) a person who performs the duties of a paramedic or | 23 |
| an emergency
medical
technician.
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| (g) "Neglect" means
another individual's failure to | 25 |
| provide an eligible
adult with or willful withholding from an | 26 |
| eligible adult the necessities of
life including, but not |
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| limited to, food, clothing, shelter or health care.
This | 2 |
| subsection does not create any new affirmative duty to provide | 3 |
| support to
eligible adults. Nothing in this Act shall be | 4 |
| construed to mean that an
eligible adult is a victim of neglect | 5 |
| because of health care services provided
or not provided by | 6 |
| licensed health care professionals.
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| (h) "Provider agency" means any public or nonprofit agency | 8 |
| in a planning
and service area appointed by the regional | 9 |
| administrative agency with prior
approval by the Department on | 10 |
| Aging to receive and assess reports of
alleged or suspected | 11 |
| abuse, neglect, or financial exploitation.
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| (i) "Regional administrative agency" means any public or | 13 |
| nonprofit
agency in a planning and service area so designated | 14 |
| by the Department,
provided that the designated Area Agency on | 15 |
| Aging shall be designated the
regional administrative agency if | 16 |
| it so requests.
The Department shall assume the functions of | 17 |
| the regional administrative
agency for any planning and service | 18 |
| area where another agency is not so
designated.
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| (i-5) "Self-neglect" means a condition that is the result | 20 |
| of an eligible adult's inability, due to physical or mental | 21 |
| impairments, or both, or a diminished capacity, to perform | 22 |
| essential self-care tasks that substantially threaten his or | 23 |
| her own health, including: providing essential food, clothing, | 24 |
| shelter, and health care; and obtaining goods and services | 25 |
| necessary to maintain physical health, mental health, | 26 |
| emotional well-being, and general safety. The term includes |
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| compulsive hoarding, which is characterized by the acquisition | 2 |
| and retention of large quantities of items and materials that | 3 |
| produce an extensively cluttered living space, which | 4 |
| significantly impairs the performance of essential self-care | 5 |
| tasks or otherwise substantially threatens life or safety.
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| (j) "Substantiated case" means a reported case of alleged | 7 |
| or suspected
abuse, neglect, financial exploitation, or | 8 |
| self-neglect in which a provider agency,
after assessment, | 9 |
| determines that there is reason to believe abuse,
neglect, or | 10 |
| financial exploitation has occurred.
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| (Source: P.A. 94-1064, eff. 1-1-07; 95-639, eff. 10-5-07; | 12 |
| 95-689, eff. 10-29-07; 95-876, eff. 8-21-08.)
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| (320 ILCS 20/3) (from Ch. 23, par. 6603)
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| Sec. 3. Responsibilities.
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| (a) The Department shall establish,
design and manage a | 16 |
| program of response and services for persons 60 years
of age | 17 |
| and
older who have been, or are alleged to be, victims of | 18 |
| abuse, neglect, financial exploitation, or self-neglect. The | 19 |
| Department
shall contract with or fund or, contract with and | 20 |
| fund, regional
administrative
agencies, provider
agencies, or | 21 |
| both, for the provision of those
functions, and, contingent on | 22 |
| adequate funding, with attorneys or legal
services provider | 23 |
| agencies for the
provision of legal assistance pursuant to this | 24 |
| Act. The program shall include the following services for | 25 |
| eligible adults who have been removed from their residences for |
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| the purpose of cleanup or repairs: temporary housing; | 2 |
| counseling; and caseworker services to try to ensure that the | 3 |
| conditions necessitating the removal do not reoccur.
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| (b) Each regional administrative agency shall designate | 5 |
| provider
agencies within its planning and service area with | 6 |
| prior approval by the
Department on Aging, monitor the use of | 7 |
| services, provide technical
assistance to the provider | 8 |
| agencies and be involved in program development
activities.
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| (c) Provider agencies shall assist, to the extent possible, | 10 |
| eligible
adults who need agency
services to allow them to | 11 |
| continue to function independently. Such
assistance shall | 12 |
| include but not be limited to receiving reports of alleged
or | 13 |
| suspected abuse, neglect, financial exploitation,
or | 14 |
| self-neglect, conducting face-to-face assessments of
such | 15 |
| reported cases, determination of substantiated cases, referral | 16 |
| of
substantiated cases for necessary support services,
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| referral of criminal conduct to law enforcement in accordance | 18 |
| with Department
guidelines,
and provision of case
work and | 19 |
| follow-up services on substantiated cases. In the case of a | 20 |
| report of alleged or suspected abuse or neglect that places an | 21 |
| eligible adult at risk of injury or death, a provider agency | 22 |
| shall respond to the report on an emergency basis in accordance | 23 |
| with guidelines established by the Department by | 24 |
| administrative rule and shall ensure that it is capable of | 25 |
| responding to such a report 24 hours per day, 7 days per week. | 26 |
| A provider agency may use an on-call system to respond to |
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| reports of alleged or suspected abuse or neglect after hours | 2 |
| and on weekends.
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| (d) By January 1, 2008, the Department on Aging, in | 4 |
| cooperation with an Elder Self-Neglect Steering Committee, | 5 |
| shall by rule develop protocols, procedures, and policies for | 6 |
| (i) responding to reports of possible self-neglect, (ii) | 7 |
| protecting the autonomy, rights, privacy, and privileges of | 8 |
| adults during investigations of possible self-neglect and | 9 |
| consequential judicial proceedings regarding competency, (iii) | 10 |
| collecting and sharing relevant information and data among the | 11 |
| Department, provider agencies, regional administrative | 12 |
| agencies, and relevant seniors, (iv) developing working | 13 |
| agreements between provider agencies and law enforcement, | 14 |
| where practicable, and (v) developing procedures for | 15 |
| collecting data regarding incidents of self-neglect. The Elder | 16 |
| Self-Neglect Steering Committee shall be comprised of one | 17 |
| person selected by the Elder Abuse Advisory Committee of the | 18 |
| Department on Aging; 3 persons selected, on the request of the | 19 |
| Director of Aging, by State or regional organizations that | 20 |
| advocate for the rights of seniors, at least one of whom shall | 21 |
| be a legal assistance attorney who represents seniors in | 22 |
| competency proceedings; 2 persons selected, on the request of | 23 |
| the Director of Aging, by statewide organizations that | 24 |
| represent social workers and other persons who provide direct | 25 |
| intervention and care to housebound seniors who are likely to | 26 |
| neglect themselves; an expert on geropsychiatry, appointed by |
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| the Secretary of Human Services; an expert on issues of | 2 |
| physical health associated with seniors, appointed by the | 3 |
| Director of Public Health; one representative of a law | 4 |
| enforcement agency; one representative of the Chicago | 5 |
| Department on Aging; and 3 other persons selected by the | 6 |
| Director of Aging, including an expert from an institution of | 7 |
| higher education who is familiar with the relevant areas of | 8 |
| data collection and study.
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| (Source: P.A. 94-1064, eff. 1-1-07; 95-76, eff. 6-1-08 .)
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