Full Text of HB3918 102nd General Assembly
HB3918eng 102ND GENERAL ASSEMBLY |
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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) "Abuse" means causing any physical, mental or sexual | 10 | | injury to an
eligible adult, including exploitation of such | 11 | | adult's financial resources.
| 12 | | 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.
| 18 | | 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.
| 22 | | (a-5) "Abuser" means a person who abuses, neglects, or | 23 | | financially
exploits an eligible adult.
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| 1 | | (a-6) "Adult with disabilities" means a person aged 18 | 2 | | through 59 who resides in a domestic living situation and | 3 | | whose disability as defined in subsection (c-5) impairs his or | 4 | | her ability to seek or obtain protection from abuse, neglect, | 5 | | or exploitation. | 6 | | (a-7) "Caregiver" means a person who either as a result of | 7 | | a family
relationship, voluntarily, or in exchange for | 8 | | compensation has assumed
responsibility for all or a portion | 9 | | of the care of an eligible adult who needs
assistance with | 10 | | activities of daily
living or instrumental activities of daily | 11 | | living.
| 12 | | (b) "Department" means the Department on Aging of the | 13 | | State of Illinois.
| 14 | | (c) "Director" means the Director of the Department.
| 15 | | (c-5) "Disability" means a physical or mental disability, | 16 | | including, but not limited to, a developmental disability, an | 17 | | intellectual disability, a mental illness as defined under the | 18 | | Mental Health and Developmental Disabilities Code, or dementia | 19 | | as defined under the Alzheimer's Disease Assistance Act. | 20 | | (d) "Domestic living situation" means a residence where | 21 | | the eligible
adult at the time of the report lives alone or | 22 | | with his or her family or a caregiver, or others,
or other | 23 | | community-based unlicensed facility, but
is not:
| 24 | | (1) A licensed facility as defined in Section 1-113 of | 25 | | the Nursing Home
Care Act;
| 26 | | (1.5) A facility licensed under the ID/DD Community |
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| 1 | | Care Act; | 2 | | (1.6) A facility licensed under the MC/DD Act; | 3 | | (1.7) A facility licensed under the Specialized Mental | 4 | | Health Rehabilitation Act of 2013; | 5 | | (2) A "life care facility" as defined in the Life Care | 6 | | Facilities Act;
| 7 | | (3) A home, institution, or other place operated by | 8 | | the federal
government or agency thereof or by the State | 9 | | of Illinois;
| 10 | | (4) A hospital, sanitarium, or other institution, the | 11 | | principal activity
or business of which is the diagnosis, | 12 | | care, and treatment of human illness
through the | 13 | | maintenance and operation of organized facilities | 14 | | therefor,
which is required to be licensed under the | 15 | | Hospital Licensing Act;
| 16 | | (5) A "community living facility" as defined in the | 17 | | Community Living
Facilities Licensing Act;
| 18 | | (6) (Blank);
| 19 | | (7) A "community-integrated living arrangement" as | 20 | | defined in
the Community-Integrated Living Arrangements | 21 | | Licensure and Certification Act or a "community | 22 | | residential alternative" as licensed under that Act;
| 23 | | (8) An assisted living or shared housing establishment | 24 | | as defined in the Assisted Living and Shared Housing Act; | 25 | | or
| 26 | | (9) A supportive living facility as described in |
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| 1 | | Section 5-5.01a of the Illinois Public Aid Code.
| 2 | | (e) "Eligible adult" means either an adult with | 3 | | disabilities aged 18 through 59 or a person aged 60 or older | 4 | | who
resides in a domestic living situation and is, or is | 5 | | alleged
to be, abused, neglected, or financially exploited by | 6 | | another individual or who neglects himself or herself. | 7 | | "Eligible adult" also includes an adult who resides in any of | 8 | | the facilities that are excluded from the definition of | 9 | | "domestic living situation" under paragraphs (1) through (9) | 10 | | of subsection (d), if either: (i) the alleged abuse or neglect | 11 | | occurs outside of the facility and not under facility | 12 | | supervision and the alleged abuser is a family member, | 13 | | caregiver, or another person who has a continuing relationship | 14 | | with the adult; or (ii) the alleged financial exploitation is | 15 | | perpetrated by a family member, caregiver, or another person | 16 | | who has a continuing relationship with the adult, but who is | 17 | | not an employee of the facility where the adult resides.
| 18 | | (f) "Emergency" means a situation in which an eligible | 19 | | adult is living
in conditions presenting a risk of death or | 20 | | physical, mental or sexual
injury and the provider agency has | 21 | | reason to believe the eligible adult is
unable to
consent to | 22 | | services which would alleviate that risk.
| 23 | | (f-1) "Financial exploitation" means the use of an | 24 | | eligible adult's resources by another to the disadvantage of | 25 | | that adult or the profit or advantage of a person other than | 26 | | that adult. |
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| 1 | | (f-3) "Insurance adjuster" means any company adjuster, | 2 | | independent adjuster, or public adjuster as defined in | 3 | | paragraph (1) of subsection (f) of Section 1575 of the | 4 | | Illinois Insurance Code. | 5 | | (f-5) "Mandated reporter" means any of the following | 6 | | persons
while engaged in carrying out their professional | 7 | | duties:
| 8 | | (1) a professional or professional's delegate while | 9 | | engaged in: (i) social
services, (ii) law enforcement, | 10 | | (iii) education, (iv) the care of an eligible
adult or | 11 | | eligible adults, or (v) any of the occupations required to | 12 | | be licensed
under
the Clinical Psychologist Licensing Act, | 13 | | the Clinical Social Work and Social
Work Practice Act, the | 14 | | Illinois Dental Practice Act, the Dietitian Nutritionist | 15 | | Practice Act, the Marriage and Family Therapy Licensing | 16 | | Act, the
Medical Practice Act of 1987, the Naprapathic | 17 | | Practice Act, the
Nurse Practice Act, the Nursing Home
| 18 | | Administrators Licensing and
Disciplinary Act, the | 19 | | Illinois Occupational Therapy Practice Act, the Illinois
| 20 | | Optometric Practice Act of 1987, the Pharmacy Practice | 21 | | Act, the
Illinois Physical Therapy Act, the Physician | 22 | | Assistant Practice Act of 1987,
the Podiatric Medical | 23 | | Practice Act of 1987, the Respiratory Care Practice
Act,
| 24 | | the Professional Counselor and
Clinical Professional | 25 | | Counselor Licensing and Practice Act, the Illinois | 26 | | Speech-Language
Pathology and Audiology Practice Act, the |
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| 1 | | Veterinary Medicine and Surgery
Practice Act of 2004, and | 2 | | the Illinois Public Accounting Act;
| 3 | | (1.5) an employee of an entity providing developmental | 4 | | disabilities services or service coordination funded by | 5 | | the Department of Human Services; | 6 | | (2) an employee of a vocational rehabilitation | 7 | | facility prescribed or
supervised by the Department of | 8 | | Human Services;
| 9 | | (3) an administrator, employee, or person providing | 10 | | services in or through
an unlicensed community based | 11 | | facility;
| 12 | | (4) any religious practitioner who provides treatment | 13 | | by prayer or spiritual means alone in accordance with the | 14 | | tenets and practices of a recognized church or religious | 15 | | denomination, except as to information received in any | 16 | | confession or sacred communication enjoined by the | 17 | | discipline of the religious denomination to be held | 18 | | confidential;
| 19 | | (5) field personnel of the Department of Healthcare | 20 | | and Family Services, Department of Public
Health, and | 21 | | Department of Human Services, and any county or
municipal | 22 | | health department;
| 23 | | (6) personnel of the Department of Human Services, the | 24 | | Guardianship and
Advocacy Commission, the State Fire | 25 | | Marshal, local fire departments, the
Department on Aging | 26 | | and its subsidiary Area Agencies on Aging and provider
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| 1 | | agencies, excluding the State Long Term Care Ombudsman and | 2 | | all representatives of the State Long Term Care Ombudsman | 3 | | Program; and the Office of State Long Term Care Ombudsman;
| 4 | | (7) any employee of the State of Illinois not | 5 | | otherwise specified herein
who is involved in providing | 6 | | services to eligible adults, including
professionals | 7 | | providing medical or rehabilitation services and all
other | 8 | | persons having direct contact with eligible adults;
| 9 | | (8) a person who performs the duties of a coroner
or | 10 | | medical examiner; or
| 11 | | (9) a person who performs the duties of a paramedic or | 12 | | an emergency
medical
technician ; .
| 13 | | (10) a person who performs the duties of an investment | 14 | | advisor; or | 15 | | (11) a person who performs the duties of an insurance | 16 | | adjuster. | 17 | | (g) "Neglect" means
another individual's failure to | 18 | | provide an eligible
adult with or willful withholding from an | 19 | | eligible adult the necessities of
life including, but not | 20 | | limited to, food, clothing, shelter or health care.
This | 21 | | subsection does not create any new affirmative duty to provide | 22 | | support to
eligible adults. Nothing in this Act shall be | 23 | | construed to mean that an
eligible adult is a victim of neglect | 24 | | because of health care services provided
or not provided by | 25 | | licensed health care professionals.
| 26 | | (h) "Provider agency" means any public or nonprofit agency |
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| 1 | | in a planning
and service area that is selected by the | 2 | | Department or appointed by the regional administrative agency | 3 | | with prior
approval by the Department on Aging to receive and | 4 | | assess reports of
alleged or suspected abuse, neglect, or | 5 | | financial exploitation. A provider agency is also referenced | 6 | | as a "designated agency" in this Act.
| 7 | | (i) "Regional administrative agency" means any public or | 8 | | nonprofit
agency in a planning and service area that provides | 9 | | regional oversight and performs functions as set forth in | 10 | | subsection (b) of Section 3 of this Act. The Department shall | 11 | | designate an Area Agency on Aging as the regional | 12 | | administrative agency or, in the event the Area Agency on | 13 | | Aging in that planning and service area is deemed by the | 14 | | Department to be unwilling or unable to provide those | 15 | | functions, the Department may serve as the regional | 16 | | administrative agency or designate another qualified entity to | 17 | | serve as the regional administrative agency; any such | 18 | | designation shall be subject to terms set forth by the | 19 | | Department.
| 20 | | (i-5) "Self-neglect" means a condition that is the result | 21 | | of an eligible adult's inability, due to physical or mental | 22 | | impairments, or both, or a diminished capacity, to perform | 23 | | essential self-care tasks that substantially threaten his or | 24 | | her own health, including: providing essential food, clothing, | 25 | | shelter, and health care; and obtaining goods and services | 26 | | necessary to maintain physical health, mental health, |
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| 1 | | emotional well-being, and general safety. The term includes | 2 | | compulsive hoarding, which is characterized by the acquisition | 3 | | and retention of large quantities of items and materials that | 4 | | produce an extensively cluttered living space, which | 5 | | significantly impairs the performance of essential self-care | 6 | | tasks or otherwise substantially threatens life or safety.
| 7 | | (j) "Substantiated case" means a reported case of alleged | 8 | | or suspected
abuse, neglect, financial exploitation, or | 9 | | self-neglect in which a provider agency,
after assessment, | 10 | | determines that there is reason to believe abuse,
neglect, or | 11 | | financial exploitation has occurred.
| 12 | | (k) "Verified" means a determination that there is "clear | 13 | | and convincing evidence" that the specific injury or harm | 14 | | alleged was the result of abuse, neglect, or financial | 15 | | exploitation. | 16 | | (Source: P.A. 99-180, eff. 7-29-15; 100-641, eff. 1-1-19 .)
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.
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