Full Text of HB3844 96th General Assembly
HB3844enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning State government.
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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 Department of Human Services Act is amended | 5 |
| 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 | 9 |
| General Assembly to ensure the health, safety, and financial | 10 |
| condition of individuals receiving services in this State due | 11 |
| to mental illness, developmental disability, or both by | 12 |
| protecting those persons from acts of abuse, neglect, or both | 13 |
| by service providers. To that end, the Office of the Inspector | 14 |
| General for the Department of Human Services is created to | 15 |
| investigate and report upon allegations of the abuse, neglect, | 16 |
| or financial exploitation of individuals receiving services | 17 |
| within mental health facilities, developmental disabilities | 18 |
| facilities, and community agencies operated, licensed, funded | 19 |
| or certified by the Department of Human Services, but not | 20 |
| licensed or certified by any other State agency. It is also the | 21 |
| express intent of the General Assembly to authorize the | 22 |
| Inspector General to investigate alleged or suspected cases of | 23 |
| abuse, neglect, or financial exploitation of adults with |
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| disabilities living in domestic settings in the community under | 2 |
| the Abuse of Adults with Disabilities Intervention Act. | 3 |
| (b) Definitions. The following definitions apply to this | 4 |
| Section: | 5 |
| "Agency" or "community agency" means (i) a community agency | 6 |
| licensed, funded, or certified by the Department, but not | 7 |
| licensed or certified by any other human services agency of the | 8 |
| State, to provide mental health service or developmental | 9 |
| disabilities service, or (ii) a program licensed, funded, or | 10 |
| certified by the Department, but not licensed or certified by | 11 |
| any other human services agency of the State, to provide mental | 12 |
| health service or developmental disabilities service. | 13 |
| "Aggravating circumstance" means a factor that is | 14 |
| attendant to a finding and that tends to compound or increase | 15 |
| the culpability of the accused. | 16 |
| "Allegation" means an assertion, complaint, suspicion, or | 17 |
| incident involving any of the following conduct by an employee, | 18 |
| facility, or agency against an individual or individuals: | 19 |
| mental abuse, physical abuse, sexual abuse, neglect, or | 20 |
| financial exploitation. | 21 |
| "Day" means working day, unless otherwise specified. | 22 |
| "Deflection" means a situation in which an individual is | 23 |
| presented for admission to a facility or agency, and the | 24 |
| facility staff or agency staff do not admit the individual. | 25 |
| "Deflection" includes triage, redirection, and denial of | 26 |
| admission. |
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| "Department" means the Department of Human Services. | 2 |
| "Developmentally disabled" means having a developmental | 3 |
| disability. | 4 |
| "Developmental disability" means "developmental | 5 |
| disability" as defined in the Mental Health and Developmental | 6 |
| Disabilities Code. | 7 |
| "Egregious neglect" means a finding of neglect as | 8 |
| determined by the Inspector General that (i) represents a gross | 9 |
| failure to adequately provide for, or a callused indifference | 10 |
| to, the health, safety, or medical needs of an individual and | 11 |
| (ii) results in an individual's death or other serious | 12 |
| deterioration of an individual's physical condition or mental | 13 |
| condition. | 14 |
| "Employee" means any person who provides services at the | 15 |
| facility or agency on-site or off-site. The service | 16 |
| relationship can be with the individual or with the facility or | 17 |
| agency. Also, "employee" includes any employee or contractual | 18 |
| agent of the Department of Human Services or the community | 19 |
| agency involved in providing or monitoring or administering | 20 |
| mental health or developmental disability services. This | 21 |
| includes but is not limited to: owners, operators, payroll | 22 |
| personnel, contractors, subcontractors, and volunteers. | 23 |
| "Facility" or "State-operated facility" means a mental | 24 |
| health facility or developmental disabilities facility | 25 |
| operated by the Department. | 26 |
| "Financial exploitation" means taking unjust advantage of |
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| an individual's assets, property, or financial resources | 2 |
| through deception, intimidation, or conversion for the | 3 |
| employee's, facility's, or agency's own advantage or benefit. | 4 |
| "Finding" means the Office of Inspector General's | 5 |
| determination regarding whether an allegation is | 6 |
| substantiated, unsubstantiated, or unfounded. | 7 |
| "Health care worker registry" or "registry" means the | 8 |
| health care worker registry created by the Nursing Home Care | 9 |
| Act. | 10 |
| "Individual" means any person receiving mental health | 11 |
| service, developmental disabilities service, or both from a | 12 |
| facility or agency, while either on-site or off-site. | 13 |
| "Mental abuse" means the use of demeaning, intimidating, or | 14 |
| threatening words, signs, gestures, or other actions by an | 15 |
| employee about an individual and in the presence of an | 16 |
| individual or individuals that results in emotional distress or | 17 |
| maladaptive behavior, or could have resulted in emotional | 18 |
| distress or maladaptive behavior, for any individual present. | 19 |
| "Mental illness" means "mental illness" as defined in the | 20 |
| Mental Health and Developmental Disabilities Code. | 21 |
| "Mentally ill" means having a mental illness. | 22 |
| "Mitigating circumstance" means a condition that (i) is | 23 |
| attendant to a finding, (ii) does not excuse or justify the | 24 |
| conduct in question, but (iii) may be considered in evaluating | 25 |
| the severity of the conduct, the culpability of the accused, or | 26 |
| both the severity of the conduct and the culpability of the |
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| accused. | 2 |
| "Neglect" means an employee's, agency's, or facility's | 3 |
| failure to provide adequate medical care, personal care, or | 4 |
| maintenance and that, as a consequence, (i) causes an | 5 |
| individual pain, injury, or emotional distress, (ii) results in | 6 |
| either an individual's maladaptive behavior or the | 7 |
| deterioration of an individual's physical condition or mental | 8 |
| condition, or (iii) places the individual's health or safety at | 9 |
| substantial risk. | 10 |
| "Physical abuse" means an employee's non-accidental and | 11 |
| inappropriate contact with an individual that causes bodily | 12 |
| harm. "Physical abuse" includes actions that cause bodily harm | 13 |
| as a result of an employee directing an individual or person to | 14 |
| physically abuse another individual. | 15 |
| "Recommendation" means an admonition, separate from a | 16 |
| finding, that requires action by the facility, agency, or | 17 |
| Department to correct a systemic issue, problem, or deficiency | 18 |
| identified during an investigation. | 19 |
| "Required reporter" means any employee who suspects, | 20 |
| witnesses, or is informed of an allegation of any one or more | 21 |
| of the following: mental abuse, physical abuse, sexual abuse, | 22 |
| neglect, or financial exploitation. | 23 |
| "Secretary" means the Chief Administrative Officer of the | 24 |
| Department. | 25 |
| "Sexual abuse" means any sexual contact or intimate | 26 |
| physical contact between an employee and an individual, |
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| including an employee's coercion or encouragement of an | 2 |
| individual to engage in sexual behavior that results in sexual | 3 |
| contact, intimate physical contact, sexual behavior, or | 4 |
| intimate physical behavior. | 5 |
| "Substantiated" means there is a preponderance of the | 6 |
| evidence to support the allegation. | 7 |
| "Unfounded" means there is no credible evidence to support | 8 |
| the allegation. | 9 |
| "Unsubstantiated" means there is credible evidence, but | 10 |
| less than a preponderance of evidence to support the | 11 |
| allegation. | 12 |
| (c) (a) Appointment ; powers and duties . The Governor shall | 13 |
| appoint, and the Senate shall confirm, an Inspector General. | 14 |
| The Inspector General shall be appointed for a term of 4 years | 15 |
| and shall function within the Department of Human Services and | 16 |
| report to the Secretary of Human Services and the Governor. | 17 |
| (d) Operation and appropriation. The Inspector General | 18 |
| shall function independently within the Department of Human | 19 |
| Services with respect to the operations of the Office office , | 20 |
| including the performance of investigations and issuance of | 21 |
| findings and recommendations. The appropriation for the Office | 22 |
| of Inspector General shall be separate from the overall | 23 |
| appropriation for the Department of Human Services . | 24 |
| (e) Powers and duties. The Inspector General shall | 25 |
| investigate reports of suspected mental abuse, physical abuse, | 26 |
| sexual abuse , or neglect , or financial exploitation of |
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| individuals (as those terms are defined by the Department of | 2 |
| Human Services) of patients or residents in any mental health | 3 |
| or developmental disabilities facility or agency operated by | 4 |
| the Department of Human Services and shall have authority to | 5 |
| investigate and take immediate action to prevent any one or | 6 |
| more of the following from happening to individuals under its | 7 |
| jurisdiction: mental abuse, physical abuse, sexual abuse, | 8 |
| neglect, or financial exploitation. on reports of abuse or | 9 |
| neglect of recipients, whether patients or residents, in any | 10 |
| mental health or developmental disabilities facility or | 11 |
| program that is licensed or certified by the Department of | 12 |
| Human Services (as successor to the Department of Mental Health | 13 |
| and Developmental Disabilities) or that is funded by the | 14 |
| Department of Human Services (as successor to the Department of | 15 |
| Mental Health and Developmental Disabilities) and is not | 16 |
| licensed or certified by any agency of the State. The Inspector | 17 |
| General shall also have the authority to investigate alleged or | 18 |
| suspected cases of abuse, neglect, and exploitation of adults | 19 |
| with disabilities living in domestic settings in the community | 20 |
| pursuant to the Abuse of Adults with Disabilities Intervention | 21 |
| Act (20 ILCS 2435/). At the specific, Upon written request of | 22 |
| an agency of this the State , other than the Department of Human | 23 |
| Services (as successor to the Department of Mental Health and | 24 |
| Developmental Disabilities), the Inspector General may assist | 25 |
| another agency of the State cooperate in investigating reports | 26 |
| of the abuse , and neglect , or abuse and neglect of persons with |
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| mental illness , or persons with developmental disabilities , or | 2 |
| persons with both . To comply with the requirements of | 3 |
| subsection (k) of this Section, the The Inspector General shall | 4 |
| also review all reportable deaths for which there is no | 5 |
| allegation of abuse or neglect. Nothing in this Section shall | 6 |
| preempt any duties of the Medical Review Board set forth in the | 7 |
| Mental Health and Developmental Disabilities Code. have no | 8 |
| supervision over or involvement in routine, programmatic, | 9 |
| licensure, or certification operations of the Department of | 10 |
| Human Services or any of its funded agencies. | 11 |
| (f) Limitations. The Inspector General shall not conduct an | 12 |
| investigation within an agency or facility if that | 13 |
| investigation would be redundant to or interfere with an | 14 |
| investigation conducted by another State agency. The Inspector | 15 |
| General shall have no supervision over, or involvement in, the | 16 |
| routine programmatic, licensing, funding, or certification | 17 |
| operations of the Department. Nothing in this subsection limits | 18 |
| investigations by the Department that may otherwise be required | 19 |
| by law or that may be necessary in the Department's capacity as | 20 |
| central administrative authority responsible for the operation | 21 |
| of the State's mental health and developmental disabilities | 22 |
| facilities. | 23 |
| (g) Rulemaking authority. The Inspector General shall | 24 |
| promulgate rules establishing minimum requirements for | 25 |
| reporting allegations as well as for of abuse and neglect and | 26 |
| initiating, conducting, and completing investigations based |
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| upon the nature of the allegation or allegations . The | 2 |
| promulgated rules shall clearly establish set forth that if in | 3 |
| instances where 2 or more State agencies could investigate an | 4 |
| allegation of abuse or neglect , the Inspector General shall not | 5 |
| conduct an investigation that would be is redundant to , or | 6 |
| interfere with, an investigation conducted by another State | 7 |
| agency. The rules shall establish criteria for determining, | 8 |
| based upon the nature of the allegation, the appropriate method | 9 |
| of investigation, which may include, but need not be limited | 10 |
| to, site visits, telephone contacts, or requests for written | 11 |
| responses from agencies. The rules shall further also clarify | 12 |
| the method and circumstances under which how the Office of the | 13 |
| Inspector General may shall interact with the licensing , | 14 |
| funding, or certification units unit of the Department of Human | 15 |
| Services in preventing further occurrences of mental abuse, | 16 |
| physical abuse, sexual abuse, neglect, egregious neglect, and | 17 |
| financial exploitation. investigations of allegations of abuse | 18 |
| or neglect. Any allegations or investigations of reports made | 19 |
| pursuant to this Act shall remain confidential until a final | 20 |
| report is completed. The resident or patient who allegedly was | 21 |
| abused or neglected and his or her legal guardian shall be | 22 |
| informed by the facility or agency of the report of alleged | 23 |
| abuse or neglect. Final reports regarding unsubstantiated or | 24 |
| unfounded allegations shall remain confidential, except that | 25 |
| final reports may be disclosed pursuant to Section 6 of the | 26 |
| Abused and Neglected Long Term Care Facility Residents |
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HB3844 Enrolled |
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| Reporting Act. | 2 |
| For purposes of this Section, "required reporter" means a | 3 |
| person who suspects, witnesses, or is informed of an allegation | 4 |
| of abuse and neglect at a State-operated facility or a | 5 |
| community agency and who is either: (i) a person employed at a | 6 |
| State-operated facility or a community agency on or off site | 7 |
| who is providing or monitoring services to an individual or | 8 |
| individuals or is providing services to the State-operated | 9 |
| facility or the community agency; or (ii) any person or | 10 |
| contractual agent of the Department of Human Services involved | 11 |
| in providing, monitoring, or administering mental health or | 12 |
| developmental services, including, but not limited to, payroll | 13 |
| personnel, contractors, subcontractors, and volunteers. A | 14 |
| required reporter shall report the allegation of abuse or | 15 |
| neglect, or cause a report to be made, to the Office of the | 16 |
| Inspector General (OIG) Hotline no later than 4 hours after the | 17 |
| initial discovery of the incident of alleged abuse or neglect. | 18 |
| A required reporter as defined in this paragraph who willfully | 19 |
| fails to comply with the reporting requirement is guilty of a | 20 |
| Class A misdemeanor. | 21 |
| For purposes of this Section, "State-operated facility" | 22 |
| means a mental health facility or a developmental disability | 23 |
| facility as defined in Sections 1-114 and 1-107 of the Mental | 24 |
| Health and Developmental Disabilities Code. | 25 |
| For purposes of this Section, "community agency" or | 26 |
| "agency" means any community entity or program providing mental |
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| health or developmental disabilities services that is | 2 |
| licensed, certified, or funded by the Department of Human | 3 |
| Services and is not licensed or certified by an other human | 4 |
| services agency of the State (for example, the Department of | 5 |
| Public Health, the Department of Children and Family Services, | 6 |
| or the Department of Healthcare and Family Services). | 7 |
| When the Office of the Inspector General has substantiated | 8 |
| a case of abuse or neglect, the Inspector General shall include | 9 |
| in the final report any mitigating or aggravating circumstances | 10 |
| that were identified during the investigation. Upon | 11 |
| determination that a report of neglect is substantiated, the | 12 |
| Inspector General shall then determine whether such neglect | 13 |
| rises to the level of egregious neglect. | 14 |
| (b) Department of State Police. The Inspector General | 15 |
| shall, within 24 hours after determining that a reported | 16 |
| allegation of suspected abuse or neglect indicates that any | 17 |
| possible criminal act has been committed or that special | 18 |
| expertise is required in the investigation, immediately notify | 19 |
| the Department of State Police or the appropriate law | 20 |
| enforcement entity. The Department of State Police shall | 21 |
| investigate any report from a State-operated facility | 22 |
| indicating a possible murder, rape, or other felony. All | 23 |
| investigations conducted by the Inspector General shall be | 24 |
| conducted in a manner designed to ensure the preservation of | 25 |
| evidence for possible use in a criminal prosecution. | 26 |
| (b-5) Preliminary report of investigation; facility or |
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| agency response. The Inspector General shall make a | 2 |
| determination to accept or reject a preliminary report of the | 3 |
| investigation of alleged abuse or neglect based on established | 4 |
| investigative procedures. Notice of the Inspector General's | 5 |
| determination must be given to the person who claims to be the | 6 |
| victim of the abuse or neglect, to the person or persons | 7 |
| alleged to have been responsible for abuse or neglect, and to | 8 |
| the facility or agency. The facility or agency or the person or | 9 |
| persons alleged to have been responsible for the abuse or | 10 |
| neglect and the person who claims to be the victim of the abuse | 11 |
| or neglect may request clarification or reconsideration based | 12 |
| on additional information. For cases where the allegation of | 13 |
| abuse or neglect is substantiated, the Inspector General shall | 14 |
| require the facility or agency to submit a written response. | 15 |
| The written response from a facility or agency shall address in | 16 |
| a concise and reasoned manner the actions that the agency or | 17 |
| facility will take or has taken to protect the resident or | 18 |
| patient from abuse or neglect, prevent reoccurrences, and | 19 |
| eliminate problems identified and shall include implementation | 20 |
| and completion dates for all such action. | 21 |
| (c) Inspector General's report; facility's or agency's | 22 |
| implementation reports. The Inspector General shall, within 10 | 23 |
| calendar days after the transmittal date of a completed | 24 |
| investigation where abuse or neglect is substantiated or | 25 |
| administrative action is recommended, provide a complete | 26 |
| report on the case to the Secretary of Human Services and to |
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| the agency in which the abuse or neglect is alleged to have | 2 |
| happened. The complete report shall include a written response | 3 |
| from the agency or facility operated by the State to the | 4 |
| Inspector General that addresses in a concise and reasoned | 5 |
| manner the actions that the agency or facility will take or has | 6 |
| taken to protect the resident or patient from abuse or neglect, | 7 |
| prevent reoccurrences, and eliminate problems identified and | 8 |
| shall include implementation and completion dates for all such | 9 |
| action. The Secretary of Human Services shall accept or reject | 10 |
| the response and establish how the Department will determine | 11 |
| whether the facility or program followed the approved response. | 12 |
| The Secretary may require Department personnel to visit the | 13 |
| facility or agency for training, technical assistance, | 14 |
| programmatic, licensure, or certification purposes. | 15 |
| Administrative action, including sanctions, may be applied | 16 |
| should the Secretary reject the response or should the facility | 17 |
| or agency fail to follow the approved response. Within 30 days | 18 |
| after the Secretary has approved a response, the facility or | 19 |
| agency making the response shall provide an implementation | 20 |
| report to the Inspector General on the status of the corrective | 21 |
| action implemented. Within 60 days after the Secretary has | 22 |
| approved the response, the facility or agency shall send notice | 23 |
| of the completion of the corrective action or shall send an | 24 |
| updated implementation report. The facility or agency shall | 25 |
| continue sending updated implementation reports every 60 days | 26 |
| until the facility or agency sends a notice of the completion |
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| of the corrective action. The Inspector General shall review | 2 |
| any implementation plan that takes more than 120 days. The | 3 |
| Inspector General shall monitor compliance through a random | 4 |
| review of completed corrective actions. This monitoring may | 5 |
| include, but need not be limited to, site visits, telephone | 6 |
| contacts, or requests for written documentation from the | 7 |
| facility or agency to determine whether the facility or agency | 8 |
| is in compliance with the approved response. The facility or | 9 |
| agency shall inform the resident or patient and the legal | 10 |
| guardian whether the reported allegation was substantiated, | 11 |
| unsubstantiated, or unfounded. There shall be an appeals | 12 |
| process for any person or agency that is subject to any action | 13 |
| based on a recommendation or recommendations. | 14 |
| (d) Sanctions. The Inspector General may recommend to the | 15 |
| Departments of Public Health and Human Services sanctions to be | 16 |
| imposed against mental health and developmental disabilities | 17 |
| facilities under the jurisdiction of the Department of Human | 18 |
| Services for the protection of residents, including | 19 |
| appointment of on-site monitors or receivers, transfer or | 20 |
| relocation of residents, and closure of units. The Inspector | 21 |
| General may seek the assistance of the Attorney General or any | 22 |
| of the several State's Attorneys in imposing such sanctions. | 23 |
| Whenever the Inspector General issues any recommendations to | 24 |
| the Secretary of Human Services, the Secretary shall provide a | 25 |
| written response. | 26 |
| (h) (e) Training programs. The Inspector General shall (i) |
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| establish a comprehensive program to ensure that every person | 2 |
| authorized to conduct investigations receives ongoing training | 3 |
| relative to investigation techniques, communication skills, | 4 |
| and the appropriate means of interacting with persons receiving | 5 |
| treatment for mental illness, developmental disability, or | 6 |
| both mental illness and developmental disability, and (ii) | 7 |
| establish and conduct periodic training programs for facility | 8 |
| and agency Department of Human Services employees and community | 9 |
| agency employees concerning the prevention and reporting of any | 10 |
| one or more of the following: mental abuse, physical abuse, | 11 |
| sexual abuse, neglect, egregious neglect, or financial | 12 |
| exploitation. Nothing in this Section shall be deemed to | 13 |
| prevent the Office of Inspector General from conducting any | 14 |
| other training as determined by the Inspector General to be | 15 |
| necessary or helpful. neglect and abuse. | 16 |
| (i) Duty to cooperate. (f) Access to facilities. | 17 |
| (1) The Inspector General shall at all times be granted | 18 |
| access to any mental health or developmental disabilities | 19 |
| facility or agency for the purpose of investigating any | 20 |
| allegation, conducting operated by the Department of Human | 21 |
| Services, shall establish and conduct unannounced site | 22 |
| visits , monitoring compliance with a written response, or | 23 |
| completing any other statutorily assigned duty. The | 24 |
| Inspector General shall conduct unannounced site visits to | 25 |
| each facility at least annually for the purpose of | 26 |
| reviewing and making recommendations on systemic issues |
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| relative to preventing, reporting, investigating, and | 2 |
| responding to all of the following: mental abuse, physical | 3 |
| abuse, sexual abuse, neglect, egregious neglect, or | 4 |
| financial exploitation. | 5 |
| (2) Any employee who fails to cooperate with an Office | 6 |
| of the Inspector General investigation is in violation of | 7 |
| this Act. Failure to cooperate with an investigation | 8 |
| includes, but is not limited to, any one or more of the | 9 |
| following: (i) creating and transmitting a false report to | 10 |
| the Office of the Inspector General hotline, (ii) providing | 11 |
| false information to an Office of the Inspector General | 12 |
| Investigator during an investigation, (iii) colluding with | 13 |
| other employees to cover up evidence, (iv) colluding with | 14 |
| other employees to provide false information to an Office | 15 |
| of the Inspector General investigator, (v) destroying | 16 |
| evidence, (vi) withholding evidence, or (vii) otherwise | 17 |
| obstructing an Office of the Inspector General | 18 |
| investigation. Additionally, any employee who, during an | 19 |
| unannounced site visit or written response compliance | 20 |
| check, fails to cooperate with requests from the Office of | 21 |
| the Inspector General is in violation of this Act. to those | 22 |
| facilities at least once annually, and shall be granted | 23 |
| access, for the purpose of investigating a report of abuse | 24 |
| or neglect, to the records of the Department of Human | 25 |
| Services and to any facility or program funded by the | 26 |
| Department of Human Services that is subject under the |
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HB3844 Enrolled |
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| provisions of this Section to investigation by the | 2 |
| Inspector General for a report of abuse or neglect. | 3 |
| (g) Other investigations. Nothing in this Section shall | 4 |
| limit investigations by the Department of Human Services that | 5 |
| may otherwise be required by law or that may be necessary in | 6 |
| that Department's capacity as the central administrative | 7 |
| authority responsible for the operation of State mental health | 8 |
| and developmental disability facilities. | 9 |
| (j) Subpoena powers. The Inspector General shall have the | 10 |
| power to subpoena witnesses and compel the production of all | 11 |
| documents and physical evidence relating to his or her | 12 |
| investigations and any hearings authorized by this Act. This | 13 |
| subpoena power shall not extend to persons or documents of a | 14 |
| labor organization or its representatives insofar as the | 15 |
| persons are acting in a representative capacity to an employee | 16 |
| whose conduct is the subject of an investigation or the | 17 |
| documents relate to that representation. Any person who | 18 |
| otherwise fails to respond to a subpoena or who knowingly | 19 |
| provides false information to the Office of the Inspector | 20 |
| General by subpoena during an investigation is guilty of a | 21 |
| Class A misdemeanor. | 22 |
| (k) Reporting allegations and deaths. | 23 |
| (1) Allegations. If an employee witnesses, is told of, | 24 |
| or has reason to believe an incident of mental abuse, | 25 |
| physical abuse, sexual abuse, neglect, or financial | 26 |
| exploitation has occurred, the employee, agency, or |
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| facility shall report the allegation by phone to the Office | 2 |
| of the Inspector General hotline according to the agency's | 3 |
| or facility's procedures, but in no event later than 4 | 4 |
| hours after the initial discovery of the incident, | 5 |
| allegation, or suspicion of any one or more of the | 6 |
| following: mental abuse, physical abuse, sexual abuse, | 7 |
| neglect, or financial exploitation. A required reporter as | 8 |
| defined in subsection (b) of this Section who knowingly or | 9 |
| intentionally fails to comply with these reporting | 10 |
| requirements is guilty of a Class A misdemeanor. | 11 |
| (2) Deaths. Absent an allegation, a required reporter | 12 |
| shall, within 24 hours after initial discovery, report by | 13 |
| phone to the Office of the Inspector General hotline each | 14 |
| of the following: | 15 |
| (i) Any death of an individual occurring within 14 | 16 |
| calendar days after discharge or transfer of the | 17 |
| individual from a residential program or facility. | 18 |
| (ii) Any death of an individual occurring within 24 | 19 |
| hours after deflection from a residential program or | 20 |
| facility. | 21 |
| (iii) Any other death of an individual occurring at | 22 |
| an agency or facility or at any Department-funded site. | 23 |
| (3) Retaliation. It is a violation of this Act for any | 24 |
| employee or administrator of an agency or facility to take | 25 |
| retaliatory action against an employee who acts in good | 26 |
| faith in conformance with his or her duties as a required |
|
|
|
HB3844 Enrolled |
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LRB096 11344 JDS 21794 b |
|
| 1 |
| reporter. | 2 |
| (l) Reporting criminal acts. Within 24 hours after | 3 |
| determining that there is credible evidence indicating that a | 4 |
| criminal act may have been committed or that special expertise | 5 |
| may be required in an investigation, the Inspector General | 6 |
| shall notify the Department of State Police or other | 7 |
| appropriate law enforcement authority, or ensure that such | 8 |
| notification is made. The Department of State Police shall | 9 |
| investigate any report from a State-operated facility | 10 |
| indicating a possible murder, sexual assault, or other felony | 11 |
| by an employee. All investigations conducted by the Inspector | 12 |
| General shall be conducted in a manner designed to ensure the | 13 |
| preservation of evidence for possible use in a criminal | 14 |
| prosecution. | 15 |
| (m) Investigative reports. Upon completion of an | 16 |
| investigation, the Office of Inspector General shall issue an | 17 |
| investigative report identifying whether the allegations are | 18 |
| substantiated, unsubstantiated, or unfounded. Within 10 | 19 |
| business days after the transmittal of a completed | 20 |
| investigative report substantiating an allegation, or if a | 21 |
| recommendation is made, the Inspector General shall provide the | 22 |
| investigative report on the case to the Secretary and to the | 23 |
| director of the facility or agency where any one or more of the | 24 |
| following occurred: mental abuse, physical abuse, sexual | 25 |
| abuse, neglect, egregious neglect, or financial exploitation. | 26 |
| In a substantiated case, the investigative report shall include |
|
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HB3844 Enrolled |
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LRB096 11344 JDS 21794 b |
|
| 1 |
| any mitigating or aggravating circumstances that were | 2 |
| identified during the investigation. If the case involves | 3 |
| substantiated neglect, the investigative report shall also | 4 |
| state whether egregious neglect was found. An investigative | 5 |
| report may also set forth recommendations. All investigative | 6 |
| reports prepared by the Office of the Inspector General shall | 7 |
| be considered confidential and shall not be released except as | 8 |
| provided by the law of this State or as required under | 9 |
| applicable federal law. Unsubstantiated and unfounded reports | 10 |
| shall not be disclosed except as allowed under Section 6 of the | 11 |
| Abused and Neglected Long Term Care Facility Residents | 12 |
| Reporting Act. Raw data used to compile the investigative | 13 |
| report shall not be subject to release unless required by law | 14 |
| or a court order. "Raw data used to compile the investigative | 15 |
| report" includes, but is not limited to, any one or more of the | 16 |
| following: the initial complaint, witness statements, | 17 |
| photographs, investigator's notes, police reports, or incident | 18 |
| reports. If the allegations are substantiated, the accused | 19 |
| shall be provided with a redacted copy of the investigative | 20 |
| report. Death reports where there was no allegation of abuse or | 21 |
| neglect shall only be released pursuant to applicable State or | 22 |
| federal law or a valid court order. | 23 |
| (n) Written responses and reconsideration requests. | 24 |
| (1) Written responses. Within 30 calendar days from | 25 |
| receipt of a substantiated investigative report or an | 26 |
| investigative report which contains recommendations, |
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|
HB3844 Enrolled |
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LRB096 11344 JDS 21794 b |
|
| 1 |
| absent a reconsideration request, the facility or agency | 2 |
| shall file a written response that addresses, in a concise | 3 |
| and reasoned manner, the actions taken to: (i) protect the | 4 |
| individual; (ii) prevent recurrences; and (iii) eliminate | 5 |
| the problems identified. The response shall include the | 6 |
| implementation and completion dates of such actions. If the | 7 |
| written response is not filed within the allotted 30 | 8 |
| calendar day period, the Secretary shall determine the | 9 |
| appropriate corrective action to be taken. | 10 |
| (2) Reconsideration requests. The facility, agency, | 11 |
| victim or guardian, or the subject employee may request | 12 |
| that the Office of Inspector General reconsider or clarify | 13 |
| its finding based upon additional information. | 14 |
| (o) Disclosure of the finding by the Inspector General. The | 15 |
| Inspector General shall disclose the finding of an | 16 |
| investigation to the following persons: (i) the Governor, (ii) | 17 |
| the Secretary, (iii) the director of the facility or agency, | 18 |
| (iv) the alleged victims and their guardians, (v) the | 19 |
| complainant, and (vi) the accused. This information shall | 20 |
| include whether the allegations were deemed substantiated, | 21 |
| unsubstantiated, or unfounded. | 22 |
| (p) Secretary review. Upon review of the Inspector | 23 |
| General's investigative report and any agency's or facility's | 24 |
| written response, the Secretary shall accept or reject the | 25 |
| written response and notify the Inspector General of that | 26 |
| determination. The Secretary may further direct that other |
|
|
|
HB3844 Enrolled |
- 22 - |
LRB096 11344 JDS 21794 b |
|
| 1 |
| administrative action be taken, including, but not limited to, | 2 |
| any one or more of the following: (i) additional site visits, | 3 |
| (ii) training, (iii) provision of technical assistance | 4 |
| relative to administrative needs, licensure or certification, | 5 |
| or (iv) the imposition of appropriate sanctions. | 6 |
| (q) Action by facility or agency. Within 30 days of the | 7 |
| date the Secretary approves the written response or directs | 8 |
| that further administrative action be taken, the facility or | 9 |
| agency shall provide an implementation report to the Inspector | 10 |
| General that provides the status of the action taken. The | 11 |
| facility or agency shall be allowed an additional 30 days to | 12 |
| send notice of completion of the action or to send an updated | 13 |
| implementation report. If the action has not been completed | 14 |
| within the additional 30 day period, the facility or agency | 15 |
| shall send updated implementation reports every 60 days until | 16 |
| completion. The Inspector General shall conduct a review of any | 17 |
| implementation plan that takes more than 120 days after | 18 |
| approval to complete, and shall monitor compliance through a | 19 |
| random review of approved written responses, which may include, | 20 |
| but are not limited to: (i) site visits, (ii) telephone | 21 |
| contact, and (iii) requests for additional documentation | 22 |
| evidencing compliance. | 23 |
| (r) Sanctions. Sanctions, if imposed by the Secretary under | 24 |
| Subdivision (p)(iv) of this Section, shall be designed to | 25 |
| prevent further acts of mental abuse, physical abuse, sexual | 26 |
| abuse, neglect, egregious neglect, or financial exploitation |
|
|
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HB3844 Enrolled |
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LRB096 11344 JDS 21794 b |
|
| 1 |
| or some combination of one or more of those acts at a facility | 2 |
| or agency, and may include any one or more of the following: | 3 |
| (1) Appointment of on-site monitors. | 4 |
| (2) Transfer or relocation of an individual or | 5 |
| individuals. | 6 |
| (3) Closure of units. | 7 |
| (4) Termination of any one or more of the following: | 8 |
| (i) Department licensing, (ii) funding, or (iii) | 9 |
| certification. | 10 |
| The Inspector General may seek the assistance of the | 11 |
| Illinois Attorney General or the office of any State's Attorney | 12 |
| in implementing sanctions. | 13 |
| (s) (g-5) Health care worker registry. After notice and an | 14 |
| opportunity for a hearing that is separate and distinct from | 15 |
| the Office of the Inspector General's appeals process as | 16 |
| implemented under subsection (c) of this Section, | 17 |
| (1) Reporting to the registry. The the Inspector | 18 |
| General shall report to the Department of Public Health's | 19 |
| health care worker registry , a public registry, under | 20 |
| Section 3-206.01 of the Nursing Home Care Act the identity | 21 |
| and finding of each employee of a facility or agency of | 22 |
| individuals against whom there is a final investigative | 23 |
| report containing a substantiated allegation has been a | 24 |
| substantiated finding of physical or sexual abuse or | 25 |
| egregious neglect of an individual a service recipient . | 26 |
| Nothing in this subsection shall diminish or impair the |
|
|
|
HB3844 Enrolled |
- 24 - |
LRB096 11344 JDS 21794 b |
|
| 1 |
| rights of a person who is a member of a collective bargaining | 2 |
| unit pursuant to the Illinois Public Labor Relations Act or | 3 |
| pursuant to any federal labor statute. An individual who is a | 4 |
| member of a collective bargaining unit as described above shall | 5 |
| not be reported to the Department of Public Health's health | 6 |
| care worker registry until the exhaustion of that individual's | 7 |
| grievance and arbitration rights, or until 3 months after the | 8 |
| initiation of the grievance process, whichever occurs first, | 9 |
| provided that the Department of Human Services' hearing under | 10 |
| this subsection regarding the reporting of an individual to the | 11 |
| Department of Public Health's health care worker registry has | 12 |
| concluded. Notwithstanding anything hereinafter or previously | 13 |
| provided, if an action taken by an employer against an | 14 |
| individual as a result of the circumstances that led to a | 15 |
| finding of physical or sexual abuse or egregious neglect is | 16 |
| later overturned under a grievance or arbitration procedure | 17 |
| provided for in Section 8 of the Illinois Public Labor | 18 |
| Relations Act or under a collective bargaining agreement, the | 19 |
| report must be removed from the registry. | 20 |
| The Department of Human Services shall promulgate or amend | 21 |
| rules as necessary or appropriate to establish procedures for | 22 |
| reporting to the registry, including the definition of | 23 |
| egregious neglect, procedures for notice to the individual and | 24 |
| victim, appeal and hearing procedures, and petition for removal | 25 |
| of the report from the registry. The portion of the rules | 26 |
| pertaining to hearings shall provide that, at the hearing, both |
|
|
|
HB3844 Enrolled |
- 25 - |
LRB096 11344 JDS 21794 b |
|
| 1 |
| parties may present written and oral evidence. The Department | 2 |
| shall be required to establish by a preponderance of the | 3 |
| evidence that the Office of the Inspector General's finding of | 4 |
| physical or sexual abuse or egregious neglect warrants | 5 |
| reporting to the Department of Public Health's health care | 6 |
| worker registry under Section 3-206.01 of the Nursing Home Care | 7 |
| Act. | 8 |
| (2) Notice to employee. Prior to reporting the name of | 9 |
| an employee, the employee shall be notified of the | 10 |
| Department's obligation to report and shall be granted an | 11 |
| opportunity to request an administrative hearing, the sole | 12 |
| purpose of which is to determine if the substantiated | 13 |
| finding warrants reporting to the registry. Notice to the | 14 |
| employee individual shall contain include a clear and | 15 |
| concise statement of the grounds on which the report to the | 16 |
| registry is based , offer the employee an and notice of the | 17 |
| opportunity for a hearing , and identify the process for | 18 |
| requesting such a hearing to contest the report . Notice is | 19 |
| sufficient if provided The Department of Human Services | 20 |
| shall provide the notice by certified mail to the | 21 |
| employee's last known address of the individual . The notice | 22 |
| shall give the individual an opportunity to contest the | 23 |
| report in a hearing before the Department of Human Services | 24 |
| or to submit a written response to the findings instead of | 25 |
| requesting a hearing. If the employee fails to individual | 26 |
| does not request a hearing within 30 days from the date of |
|
|
|
HB3844 Enrolled |
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LRB096 11344 JDS 21794 b |
|
| 1 |
| the notice, the Inspector General shall report the name of | 2 |
| the employee to or if after notice and a hearing the | 3 |
| Department of Human Services finds that the report is | 4 |
| valid, the finding shall be included as part of the | 5 |
| registry , as well as a brief statement from the reported | 6 |
| individual if he or she chooses to make a statement. The | 7 |
| Department of Public Health shall make available to the | 8 |
| public information reported to the registry. In a case of | 9 |
| inquiries concerning an individual listed in the registry, | 10 |
| any information disclosed concerning a finding of abuse or | 11 |
| neglect shall also include disclosure of the individual's | 12 |
| brief statement in the registry relating to the reported | 13 |
| finding or include a clear and accurate summary of the | 14 |
| statement . Nothing in this subdivision (s)(2) shall | 15 |
| diminish or impair the rights of a person who is a member | 16 |
| of a collective bargaining unit under the Illinois Public | 17 |
| Labor Relations Act or under any other federal labor | 18 |
| statute. | 19 |
| (3) Registry hearings. If the employee requests an | 20 |
| administrative hearing, the employee shall be granted an | 21 |
| opportunity to appear before an administrative law judge to | 22 |
| present reasons why the employee's name should not be | 23 |
| reported to the registry. The Department shall bear the | 24 |
| burden of presenting evidence that establishes, by a | 25 |
| preponderance of the evidence, that the substantiated | 26 |
| finding warrants reporting to the registry. After |
|
|
|
HB3844 Enrolled |
- 27 - |
LRB096 11344 JDS 21794 b |
|
| 1 |
| considering all the evidence presented, the administrative | 2 |
| law judge shall make a recommendation to the Secretary as | 3 |
| to whether the substantiated finding warrants reporting | 4 |
| the name of the employee to the registry. The Secretary | 5 |
| shall render the final decision. The Department and the | 6 |
| employee shall have the right to request that the | 7 |
| administrative law judge consider a stipulated disposition | 8 |
| of these proceedings. | 9 |
| (4) Testimony at registry hearings. A person who makes | 10 |
| a report or who investigates a report under this Act shall | 11 |
| testify fully in any judicial proceeding resulting from | 12 |
| such a report, as to any evidence of abuse or neglect, or | 13 |
| the cause thereof. No evidence shall be excluded by reason | 14 |
| of any common law or statutory privilege relating to | 15 |
| communications between the alleged perpetrator of abuse or | 16 |
| neglect, or the individual alleged as the victim in the | 17 |
| report, and the person making or investigating the report. | 18 |
| Testimony at hearings is exempt from the confidentiality | 19 |
| requirements of subsection (f) of Section 10 of the Mental | 20 |
| Health and Developmental Disabilities Confidentiality Act. | 21 |
| (5) Employee's rights to collateral action. No | 22 |
| reporting to the registry shall occur and no hearing shall | 23 |
| be set or proceed if an employee notifies the Inspector | 24 |
| General in writing, including any supporting | 25 |
| documentation, that he or she is formally contesting an | 26 |
| adverse employment action resulting from a substantiated |
|
|
|
HB3844 Enrolled |
- 28 - |
LRB096 11344 JDS 21794 b |
|
| 1 |
| finding by complaint filed with the Illinois Civil Service | 2 |
| Commission, or which otherwise seeks to enforce the | 3 |
| employee's rights pursuant to any applicable collective | 4 |
| bargaining agreement. If an action taken by an employer | 5 |
| against an employee as a result of a finding of physical | 6 |
| abuse, sexual abuse, or egregious neglect is overturned | 7 |
| through an action filed with the Illinois Civil Service | 8 |
| Commission or under any applicable collective bargaining | 9 |
| agreement and if that employee's name has already been sent | 10 |
| to the registry, the employee's name shall be removed from | 11 |
| the registry. | 12 |
| (6) Removal from registry. At any time after the report | 13 |
| to of the registry, but no more than once in any 12-month | 14 |
| period, an employee individual may petition the Department | 15 |
| in writing to remove his or her name of Human Services for | 16 |
| removal from the registry of the finding against him or | 17 |
| her . Upon receiving notice of such request, the Inspector | 18 |
| General receipt of such a petition, the Department of Human | 19 |
| Services shall conduct an investigation into and hearing on | 20 |
| the petition. Upon receipt of such request, an | 21 |
| administrative hearing will be set by the Department. At | 22 |
| the hearing, the employee shall bear the burden of | 23 |
| presenting evidence that establishes, by a preponderance | 24 |
| of the evidence, that removal of the name from the registry | 25 |
| is completion of the investigation and hearing, the | 26 |
| Department of Human Services shall report the removal of |
|
|
|
HB3844 Enrolled |
- 29 - |
LRB096 11344 JDS 21794 b |
|
| 1 |
| the finding to the registry unless the Department of Human | 2 |
| Services determines that removal is not in the public | 3 |
| interest. The parties may jointly request that the | 4 |
| administrative law judge consider a stipulated disposition | 5 |
| of these proceedings. | 6 |
| (t) Review of Administrative Decisions. The Department | 7 |
| shall preserve a record of all proceedings at any formal | 8 |
| hearing conducted by the Department involving health care | 9 |
| worker registry hearings. Final administrative decisions of | 10 |
| the Department are subject to judicial review pursuant to | 11 |
| provisions of the Administrative Review Law. | 12 |
| (u) (h) Quality Care Board. There is created, within the | 13 |
| Office of the Inspector General, a Quality Care Board to be | 14 |
| composed of 7 members appointed by the Governor with the advice | 15 |
| and consent of the Senate. One of the members shall be | 16 |
| designated as chairman by the Governor. Of the initial | 17 |
| appointments made by the Governor, 4 Board members shall each | 18 |
| be appointed for a term of 4 years and 3 members shall each be | 19 |
| appointed for a term of 2 years. Upon the expiration of each | 20 |
| member's term, a successor shall be appointed for a term of 4 | 21 |
| years. In the case of a vacancy in the office of any member, | 22 |
| the Governor shall appoint a successor for the remainder of the | 23 |
| unexpired term. | 24 |
| Members appointed by the Governor shall be qualified by | 25 |
| professional knowledge or experience in the area of law, | 26 |
| investigatory techniques, or in the area of care of the |
|
|
|
HB3844 Enrolled |
- 30 - |
LRB096 11344 JDS 21794 b |
|
| 1 |
| mentally ill or developmentally disabled. Two members | 2 |
| appointed by the Governor shall be persons with a disability or | 3 |
| a parent of a person with a disability. Members shall serve | 4 |
| without compensation, but shall be reimbursed for expenses | 5 |
| incurred in connection with the performance of their duties as | 6 |
| members. | 7 |
| The Board shall meet quarterly, and may hold other meetings | 8 |
| on the call of the chairman. Four members shall constitute a | 9 |
| quorum allowing the Board to conduct its business . The Board | 10 |
| may adopt rules and regulations it deems necessary to govern | 11 |
| its own procedures. | 12 |
| (i) Scope and function of the Quality Care Board. The Board | 13 |
| shall monitor and oversee the operations, policies, and | 14 |
| procedures of the Inspector General to ensure assure the prompt | 15 |
| and thorough investigation of allegations of neglect and abuse. | 16 |
| In fulfilling these responsibilities, the Board may do the | 17 |
| following: | 18 |
| (1) Provide independent, expert consultation to the | 19 |
| Inspector General on policies and protocols for | 20 |
| investigations of alleged neglect and abuse , neglect, or | 21 |
| both abuse and neglect . | 22 |
| (2) Review existing regulations relating to the | 23 |
| operation of facilities under the control of the Department | 24 |
| of Human Services . | 25 |
| (3) Advise the Inspector General as to the content of | 26 |
| training activities authorized under this Section. |
|
|
|
HB3844 Enrolled |
- 31 - |
LRB096 11344 JDS 21794 b |
|
| 1 |
| (4) Recommend policies concerning methods for | 2 |
| improving the intergovernmental relationships between the | 3 |
| Office of the Inspector General and other State or federal | 4 |
| offices agencies . | 5 |
| (j) Investigators. The Inspector General shall establish a | 6 |
| comprehensive program to ensure that every person employed or | 7 |
| newly hired to conduct investigations shall receive training on | 8 |
| an on-going basis concerning investigative techniques, | 9 |
| communication skills, and the appropriate means of contact with | 10 |
| persons admitted or committed to the mental health or | 11 |
| developmental disabilities facilities under the jurisdiction | 12 |
| of the Department of Human Services. | 13 |
| (k) Subpoenas; testimony; penalty. The Inspector General | 14 |
| shall have the power to subpoena witnesses and compel the | 15 |
| production of books and papers pertinent to an investigation | 16 |
| authorized by this Act, provided that the power to subpoena or | 17 |
| to compel the production of books and papers shall not extend | 18 |
| to the person or documents of a labor organization or its | 19 |
| representatives insofar as the person or documents of a labor | 20 |
| organization relate to the function of representing an employee | 21 |
| subject to investigation under this Act. Mental health records | 22 |
| of patients shall be confidential as provided under the Mental | 23 |
| Health and Developmental Disabilities Confidentiality Act. Any | 24 |
| person who fails to appear in response to a subpoena or to | 25 |
| answer any question or produce any books or papers pertinent to | 26 |
| an investigation under this Act, except as otherwise provided |
|
|
|
HB3844 Enrolled |
- 32 - |
LRB096 11344 JDS 21794 b |
|
| 1 |
| in this Section, or who knowingly gives false testimony in | 2 |
| relation to an investigation under this Act is guilty of a | 3 |
| Class A misdemeanor. | 4 |
| (v) (l) Annual report. The Inspector General shall provide | 5 |
| to the General Assembly and the Governor, no later than January | 6 |
| 1 of each year, a summary of reports and investigations made | 7 |
| under this Act for the prior fiscal year with respect to | 8 |
| individuals receiving mental health or developmental | 9 |
| disabilities services residents of institutions under the | 10 |
| jurisdiction of the Department of Human Services . The report | 11 |
| shall detail the imposition of sanctions , if any, and the final | 12 |
| disposition of any corrective or administrative action | 13 |
| directed by the Secretary. those recommendations. The | 14 |
| summaries shall not contain any confidential or identifying | 15 |
| information of any individual, but concerning the subjects of | 16 |
| the reports and investigations. The report shall also include | 17 |
| objective data identifying any trends in a trend analysis of | 18 |
| the number of reported allegations , the timeliness of the | 19 |
| Office of the Inspector General's investigations, and their | 20 |
| disposition, for each facility and Department-wide, for the | 21 |
| most recent 3-year time period . The report shall also identify, | 22 |
| by facility, the staff-to-patient ratios taking account and a | 23 |
| statement, for each facility, of the staffing-to-patient | 24 |
| ratios. The ratios shall include only the number of direct care | 25 |
| staff only . The report shall also include detailed recommended | 26 |
| administrative actions and matters for consideration by the |
|
|
|
HB3844 Enrolled |
- 33 - |
LRB096 11344 JDS 21794 b |
|
| 1 |
| General Assembly. | 2 |
| (w) (m) Program audit. The Auditor General shall conduct a | 3 |
| biennial program audit of the Office of the Inspector General | 4 |
| on an as-needed basis, as determined by the Auditor General. in | 5 |
| relation to the Inspector General's compliance with this Act. | 6 |
| The audit shall specifically include the Inspector General's | 7 |
| compliance with the Act and effectiveness in investigating | 8 |
| reports of allegations occurring in any facility or agency. | 9 |
| alleged neglect or abuse of residents in any facility operated | 10 |
| by the Department of Human Services and in making | 11 |
| recommendations for sanctions to the Departments of Human | 12 |
| Services and Public Health. The Auditor General shall conduct | 13 |
| the program audit according to the provisions of the Illinois | 14 |
| State Auditing Act and shall report its findings to the General | 15 |
| Assembly no later than January 1 following of the audit period | 16 |
| each odd-numbered year .
| 17 |
| (x) Nothing in this Section shall be construed to mean that | 18 |
| a patient is a victim of abuse or neglect because of health | 19 |
| care services appropriately provided or not provided by health | 20 |
| care professionals. | 21 |
| (y) Nothing in this Section shall require a facility, | 22 |
| including its employees, agents, medical staff members, and | 23 |
| health care professionals, to provide a service to a patient in | 24 |
| contravention of that patient's stated or implied objection to | 25 |
| the provision of that service on the ground that that service | 26 |
| conflicts with the patient's religious beliefs or practices, |
|
|
|
HB3844 Enrolled |
- 34 - |
LRB096 11344 JDS 21794 b |
|
| 1 |
| nor shall the failure to provide a service to a patient be | 2 |
| considered abuse under this Section if the patient has objected | 3 |
| to the provision of that service based on his or her religious | 4 |
| beliefs or practices. | 5 |
| (Source: P.A. 95-545, eff. 8-28-07.)
| 6 |
| Section 99. Effective date. This Act takes effect upon | 7 |
| becoming law.
|
|