093_HB0085enr

 
HB0085 Enrolled                      LRB093 02692 LCB 02703 b

 1        AN ACT concerning elder abuse.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Elder Abuse and Neglect Act is amended by
 5    changing Sections 2, 3.5, 4, and 7 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 or neglect for  the  sole
14    reason  that he or she is being furnished with or relies upon
15    treatment  by  spiritual  means  through  prayer  alone,   in
16    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.
24        (a-7)  "Caregiver" means a person who either as a  result
25    of  a  family  relationship,  voluntarily, or in exchange for
26    compensation has assumed responsibility for all or a  portion
27    of  the  care  of an eligible adult who needs assistance with
28    activities of daily living.
29        (b)  "Department" means the Department on  Aging  of  the
30    State of Illinois.
31        (c)  "Director" means the Director of the Department.
 
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 1        (d)  "Domestic  living situation" means a residence where
 2    the eligible adult lives alone or with his or her family or a
 3    caregiver, or others, or a  board  and  care  home  or  other
 4    community-based unlicensed facility, but is not:
 5             (1)  A licensed facility as defined in Section 1-113
 6        of the Nursing Home Care Act;
 7             (2)  A  "life  care facility" as defined in the Life
 8        Care Facilities Act;
 9             (3)  A home, institution, or other place operated by
10        the federal government or agency thereof or by the  State
11        of Illinois;
12             (4)  A  hospital,  sanitarium, or other institution,
13        the principal  activity  or  business  of  which  is  the
14        diagnosis,  care,  and treatment of human illness through
15        the maintenance and  operation  of  organized  facilities
16        therefor,  which  is  required  to  be licensed under the
17        Hospital Licensing Act;
18             (5)  A "community living facility" as defined in the
19        Community Living Facilities Licensing Act;
20             (6)  A  "community   residential   alternative"   as
21        defined   in   the   Community  Residential  Alternatives
22        Licensing Act; and
23             (7)  A "community-integrated living arrangement"  as
24        defined  in  the Community-Integrated Living Arrangements
25        Licensure and Certification Act.
26        (e)  "Eligible adult" means a person 60 years of  age  or
27    older  who  resides in a domestic living situation and is, or
28    is alleged to be, abused, neglected, or financially exploited
29    by another individual.
30        (f)  "Emergency" means a situation in which  an  eligible
31    adult  is  living in conditions presenting a risk of death or
32    physical, mental or sexual injury and the provider agency has
33    reason to believe the eligible adult is unable to consent  to
34    services which would alleviate that risk.
 
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 1        (f-5)  "Mandated  reporter"  means  any  of the following
 2    persons while engaged  in  carrying  out  their  professional
 3    duties:
 4             (1)  a professional or professional's delegate while
 5        engaged  in:  (i)  social services, (ii) law enforcement,
 6        (iii) education, (iv) the care of an  eligible  adult  or
 7        eligible  adults,  or (v) any of the occupations required
 8        to be licensed under the Clinical Psychologist  Licensing
 9        Act,  the  Clinical  Social Work and Social Work Practice
10        Act, the Illinois Dental Practice Act, the  Dietetic  and
11        Nutrition  Services Practice Act, the Marriage and Family
12        Therapy Licensing Act, the Medical Practice Act of  1987,
13        the  Naprapathic  Practice  Act, the Nursing and Advanced
14        Practice Nursing Act,  the  Nursing  Home  Administrators
15        Licensing and Disciplinary Act, the Illinois Occupational
16        Therapy  Practice  Act,  the Illinois Optometric Practice
17        Act of 1987, the  Pharmacy  Practice  Act  of  1987,  the
18        Illinois  Physical  Therapy  Act, the Physician Assistant
19        Practice Act of 1987, the Podiatric Medical Practice  Act
20        of   1987,   the   Respiratory  Care  Practice  Act,  the
21        Professional   Counselor   and   Clinical    Professional
22        Counselor  Licensing  Act,  the  Illinois Speech-Language
23        Pathology and  Audiology  Practice  Act,  the  Veterinary
24        Medicine  and  Surgery  Practice  Act  of  1994,  and the
25        Illinois Public Accounting Act;
26             (2)  an  employee  of  a  vocational  rehabilitation
27        facility prescribed or supervised by  the  Department  of
28        Human Services;
29             (3)  an administrator, employee, or person providing
30        services  in  or  through  an  unlicensed community based
31        facility;
32             (4)  a Christian Science Practitioner;
33             (5)  field personnel of  the  Department  of  Public
34        Aid, Department of Public Health, and Department of Human
 
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 1        Services, and any county or municipal health department;
 2             (6)  personnel  of the Department of Human Services,
 3        the Guardianship and Advocacy Commission, the State  Fire
 4        Marshal,  local fire departments, the Department on Aging
 5        and its subsidiary Area Agencies on  Aging  and  provider
 6        agencies,   and  the  Office  of  State  Long  Term  Care
 7        Ombudsman;
 8             (7)  any employee  of  the  State  of  Illinois  not
 9        otherwise  specified  herein who is involved in providing
10        services  to  eligible  adults,  including  professionals
11        providing medical  or  rehabilitation  services  and  all
12        other persons having direct contact with eligible adults;
13        or
14             (8)  a  person  who performs the duties of a coroner
15        or medical examiner; or
16             (9)  a person who performs the duties of a paramedic
17        or an emergency medical technician.
18          (g)  "Neglect" means another  individual's  failure  to
19    provide an eligible adult with or willful withholding from an
20    eligible  adult  the  necessities  of life including, but not
21    limited to, food, clothing, shelter  or  medical  care.  This
22    subsection  does  not  create  any  new  affirmative  duty to
23    provide support to eligible  adults.   Nothing  in  this  Act
24    shall be construed to mean that an eligible adult is a victim
25    of  neglect  because  of health care services provided or not
26    provided by licensed health care professionals.
27        (h)  "Provider agency"  means  any  public  or  nonprofit
28    agency  in  a  planning  and  service  area  appointed by the
29    regional administrative agency with  prior  approval  by  the
30    Department  on Aging to receive and assess reports of alleged
31    or suspected abuse, neglect, or financial exploitation.
32        (i)  "Regional administrative agency" means any public or
33    nonprofit agency in a planning and service area so designated
34    by the Department, provided that the designated  Area  Agency
 
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 1    on  Aging  shall  be  designated  the regional administrative
 2    agency if it so requests. The  Department  shall  assume  the
 3    functions  of  the  regional  administrative  agency  for any
 4    planning and service area where  another  agency  is  not  so
 5    designated.
 6        (j)  "Substantiated   case"  means  a  reported  case  of
 7    alleged   or   suspected   abuse,   neglect,   or   financial
 8    exploitation in which a provider  agency,  after  assessment,
 9    determines that there is reason to believe abuse, neglect, or
10    financial exploitation has occurred.
11    (Source:  P.A.  91-259,  eff.  1-1-00;  91-357, eff. 7-29-99;
12    91-533, eff. 8-13-99; 92-16, eff. 6-28-01.)

13        (320 ILCS 20/3.5)
14        Sec. 3.5.  Other Responsibilities.  The Department  shall
15    also  be responsible for the following activities, contingent
16    upon adequate funding:
17        (a)  promotion of a  wide  range  of  endeavors  for  the
18    purpose  of  preventing  elder  abuse, neglect, and financial
19    exploitation in both  domestic  and  institutional  settings,
20    including,  but  not  limited  to,  promotion  of  public and
21    professional education to increase awareness of elder  abuse,
22    neglect, and financial exploitation, to increase reports, and
23    to  improve response by various legal, financial, social, and
24    health systems;
25        (b)  coordination  of  efforts   with   other   agencies,
26    councils,  and  like  entities, to include but not be limited
27    to, the Office of the Attorney General, the State Police, the
28    Illinois Law Enforcement Training Standards Board, the  State
29    Triad,   the  Criminal  Justice  Information  Authority,  the
30    Departments of Public Health, Public Aid, and Human Services,
31    the  Family  Violence  Coordinating  Council,  the   Violence
32    Prevention  Authority,  and  other  entities which may impact
33    awareness of, and response  to,  elder  abuse,  neglect,  and
 
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 1    financial exploitation;
 2        (c)  collection and analysis of data;
 3        (d)  monitoring    of   the   performance   of   regional
 4    administrative agencies and elder  abuse  provider  agencies;
 5    and
 6        (e)  promotion of prevention activities;.
 7        (f)  establishment  and  coordination  of  an  aggressive
 8    training program about the unique nature of elder abuse cases
 9    with  other  agencies, councils, and like entities, including
10    but not limited to the Office of the  Attorney  General,  the
11    State Police, the Illinois Law Enforcement Training Standards
12    Board,  the  State  Triad,  the  Criminal Justice Information
13    Authority, the Departments of Public Health, Public Aid,  and
14    Human Services, the Family Violence Coordinating Council, the
15    Illinois  Violence  Prevention  Authority, and other entities
16    that may impact awareness of, and response to,  elder  abuse,
17    neglect, and financial exploitation;
18        (g)   solicitation  of  financial  institutions  for  the
19    purpose of making information available to the general public
20    warning of financial exploitation of the elderly and  related
21    financial  fraud  or  abuse,  including  such information and
22    warnings available through signage or other written materials
23    provided by the Department on the premises of such  financial
24    institutions,  provided  that  the  manner  of  displaying or
25    distributing  such  information  is  subject  to   the   sole
26    discretion of each financial institution; and
27        (h)  coordination  of  efforts  with utility companies to
28    send notices in utility  bills  which  explain  elder  rights
29    regarding telemarketing home repair frauds.
30    (Source: P.A. 92-16, eff. 6-28-01.)

31        (320 ILCS 20/4) (from Ch. 23, par. 6604)
32        Sec. 4.  Reports of abuse or neglect.
33        (a)  Any  person  who  suspects  the  abuse,  neglect, or
 
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 1    financial exploitation of an eligible adult may  report  this
 2    suspicion  to  an  agency  designated to receive such reports
 3    under this Act or to the Department.
 4        (a-5)  If any mandated reporter  has  reason  to  believe
 5    that  an eligible adult, who because of dysfunction is unable
 6    to seek assistance for himself or herself,  has,  within  the
 7    previous  12  months,  been  subjected  to abuse, neglect, or
 8    financial exploitation, the mandated reporter  shall,  within
 9    24  hours after developing such belief, report this suspicion
10    to an agency designated to receive such  reports  under  this
11    Act  or  to  the Department.  Whenever a mandated reporter is
12    required to report under this Act in his or her capacity as a
13    member of the staff of a medical or other public  or  private
14    institution,  facility, board and care home, or agency, he or
15    she shall make a report to an agency  designated  to  receive
16    such   reports  under  this  Act  or  to  the  Department  in
17    accordance with the provisions  of  this  Act  and  may  also
18    notify  the  person  in  charge of the institution, facility,
19    board and care home, or agency or his or her designated agent
20    that the report has been made.  Under no circumstances  shall
21    any person in charge of such institution, facility, board and
22    care  home, or agency, or his or her designated agent to whom
23    the  notification  has  been  made,  exercise  any   control,
24    restraint, modification, or other change in the report or the
25    forwarding  of  the report to an agency designated to receive
26    such reports under  this  Act  or  to  the  Department.   The
27    privileged  quality of communication between any professional
28    person required to report and his or her  patient  or  client
29    shall not apply to situations involving abused, neglected, or
30    financially   exploited   eligible   adults   and  shall  not
31    constitute grounds for failure to report as required by  this
32    Act.
33        (a-7)  A  person  making  a  report under this Act in the
34    belief that it is in the alleged victim's best interest shall
 
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 1    be immune from criminal or civil  liability  or  professional
 2    disciplinary   action   on  account  of  making  the  report,
 3    notwithstanding    any    requirements     concerning     the
 4    confidentiality  of information with respect to such eligible
 5    adult which might otherwise be applicable.
 6        (a-9)  Law enforcement officers shall continue to  report
 7    incidents  of alleged abuse pursuant to the Illinois Domestic
 8    Violence Act of 1986, notwithstanding any requirements  under
 9    this Act.
10        (b)  Any  person,  institution or agency participating in
11    the making of a  report,  providing  information  or  records
12    related   to   a   report,   assessment,   or   services,  or
13    participating in the investigation of a report under this Act
14    in good faith, or taking photographs or x-rays as a result of
15    an authorized assessment, shall have immunity from any civil,
16    criminal or other liability in any civil, criminal  or  other
17    proceeding  brought  in  consequence of making such report or
18    assessment  or  on  account  of   submitting   or   otherwise
19    disclosing   such   photographs   or  x-rays  to  any  agency
20    designated to receive reports of alleged or  suspected  abuse
21    or  neglect.  Any person, institution or agency authorized by
22    the  Department  to  provide  assessment,  intervention,   or
23    administrative  services  under  this  Act shall, in the good
24    faith performance of those services, have immunity  from  any
25    civil, criminal or other liability in any civil, criminal, or
26    other  proceeding brought as a consequence of the performance
27    of those services. For the purposes of any  civil,  criminal,
28    or other proceeding, the good faith of any person required to
29    report,   permitted   to   report,  or  participating  in  an
30    investigation of a report  of  alleged  or  suspected  abuse,
31    neglect, or financial exploitation shall be presumed.
32        (c)  The  identity of a person making a report of alleged
33    or suspected abuse or neglect under this Act may be disclosed
34    by the Department or other agency provided for  in  this  Act
 
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 1    only with such person's written consent or by court order.
 2        (d)  The  Department shall by rule establish a system for
 3    filing and compiling reports made under this Act.
 4        (e)  Any physician  who  willfully  fails  to  report  as
 5    required  by this Act shall be referred to the Illinois State
 6    Medical Disciplinary Board  for  action  in  accordance  with
 7    subdivision (A)(22) of Section 22 of the Medical Practice Act
 8    of 1987.  Any dentist or dental hygienist who willfully fails
 9    to  report  as  required by this Act shall be referred to the
10    Department  of  Professional   Regulation   for   action   in
11    accordance  with  paragraph  19 of Section 23 of the Illinois
12    Dental Practice Act.  Any other mandated reporter required by
13    this Act to report suspected  abuse,  neglect,  or  financial
14    exploitation who willfully fails to report the same is guilty
15    of a Class A misdemeanor.
16    (Source: P.A. 90-628, eff. 1-1-99.)

17        (320 ILCS 20/7) (from Ch. 23, par. 6607)
18        Sec.  7.   Review.   All services provided to an eligible
19    adult shall be reviewed by the provider agency on at least  a
20    quarterly  basis  for up to one year to determine whether the
21    service care plan should be  continued  or  modified,  except
22    that the Department on Aging, upon review, may grant a waiver
23    to  extend  the service care plan for up to an additional one
24    year period.
25    (Source: P.A. 90-628, eff. 1-1-99.)