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90_HB0099
210 ILCS 30/6.2 from Ch. 111 1/2, par. 4166.2
210 ILCS 30/6.9 new
Amends the Abused and Neglected Long Term Care Facility
Residents Reporting Act to require the Governor to appoint
for a 4 year term an Inspector General to conduct separate
and independent investigations into allegations or incidents
of abuse or neglect of the residents of long term care
facilities licensed by the Department of Public Health.
Allows the Inspector General access to facilities and to all
necessary information and personnel. Requires the Inspector
General to notify the proper enforcement authority of
possible criminal acts. Permits the Inspector General to
recommend civil or criminal actions and to seek the
assistance of the Attorney General or any of the State's
Attorneys. Grants to the Inspector General the power to
subpoena witnesses and compel production of books and papers
pertinent to an investigation; makes failing to appear or to
produce or giving false testimony a Class A misdemeanor.
Effective immediately.
LRB9000697DPcc
LRB9000697DPcc
1 AN ACT to amend the Abused and Neglected Long Term Care
2 Facility Residents Reporting Act by changing Section 6.2 and
3 adding Section 6.9.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Abused and Neglected Long Term Care
7 Facility Residents Reporting Act is amended by changing
8 Section 6.2 and adding Section 6.9 as follows:
9 (210 ILCS 30/6.2) (from Ch. 111 1/2, par. 4166.2)
10 (Section scheduled to be repealed on January 1, 2000)
11 (Text of Section before amendment by P.A. 89-507)
12 Sec. 6.2. Inspector General; mental health and
13 developmental disability facilities.
14 (a) The Governor shall appoint, and the Senate shall
15 confirm, an Inspector General who shall function within the
16 Department of Mental Health and Developmental Disabilities
17 and report to the Director. The Inspector General shall
18 investigate reports of suspected abuse or neglect (as those
19 terms are defined in Section 3 of this Act) of patients or
20 residents in any facility operated by the Department of
21 Mental Health and Developmental Disabilities and shall have
22 authority to investigate and take immediate action on reports
23 of abuse or neglect of recipients, whether patients or
24 residents, in any facility or program that is licensed or
25 certified by the Department of Mental Health and
26 Developmental Disabilities or that is funded by the
27 Department of Mental Health and Developmental Disabilities
28 and is not licensed or certified by any agency of the State.
29 At the specific, written request of an agency of the State
30 other than the Department of Mental Health and Developmental
31 Disabilities, the Inspector General may cooperate in
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1 investigating reports of abuse and neglect of persons with
2 mental illness or persons with developmental disabilities.
3 The Inspector General shall have no supervision over or
4 involvement in routine, programmatic, licensure, or
5 certification operations of the Department of Mental Health
6 and Developmental Disabilities or any of its funded agencies.
7 The Inspector General shall promulgate rules establishing
8 minimum requirements for initiating, conducting, and
9 completing investigations. The promulgated rules shall
10 clearly set forth that in instances where 2 or more State
11 agencies could investigate an allegation of abuse or neglect,
12 the Inspector General shall not conduct an investigation that
13 is redundant to an investigation conducted by another State
14 agency. The rules shall establish criteria for determining,
15 based upon the nature of the allegation, the appropriate
16 method of investigation, which may include, but need not be
17 limited to, site visits, telephone contacts, or requests for
18 written responses from agencies. The rules shall also
19 clarify how the Office of the Inspector General shall
20 interact with the licensing unit of the Department of Mental
21 Health and Developmental Disabilities in investigations of
22 allegations of abuse or neglect. Any allegations or
23 investigations of reports made pursuant to this Act shall
24 remain confidential until a final report is completed. Final
25 reports regarding unsubstantiated or unfounded allegations
26 shall remain confidential, except that final reports may be
27 disclosed pursuant to Section 6 of this Act.
28 The Inspector General shall be appointed for a term of 4
29 years.
30 (b) The Inspector General shall within 24 hours after
31 receiving a report of suspected abuse or neglect determine
32 whether the evidence indicates that any possible criminal act
33 has been committed. If he determines that a possible criminal
34 act has been committed, or that special expertise is required
-3- LRB9000697DPcc
1 in the investigation, he shall immediately notify the
2 Department of State Police. The Department of State Police
3 shall investigate any report indicating a possible murder,
4 rape, or other felony. All investigations conducted by the
5 Inspector General shall be conducted in a manner designed to
6 ensure the preservation of evidence for possible use in a
7 criminal prosecution.
8 (c) The Inspector General shall, within 10 calendar days
9 after the transmittal date of a completed investigation where
10 abuse or neglect is substantiated or administrative action is
11 recommended, provide a complete report on the case to the
12 Director of Mental Health and Developmental Disabilities and
13 to the agency in which the abuse or neglect is alleged to
14 have happened. There shall be an appeals process for any
15 person or agency that is subject to any action based on a
16 recommendation or recommendations.
17 (d) The Inspector General may recommend to the
18 Departments of Public Health and Mental Health and
19 Developmental Disabilities sanctions to be imposed against
20 facilities under the jurisdiction of the Department of Mental
21 Health and Developmental Disabilities for the protection of
22 residents, including appointment of on-site monitors or
23 receivers, transfer or relocation of residents, and closure
24 of units. The Inspector General may seek the assistance of
25 the Attorney General or any of the several State's attorneys
26 in imposing such sanctions.
27 (e) The Inspector General shall establish and conduct
28 periodic training programs for Department employees
29 concerning the prevention and reporting of neglect and abuse.
30 (f) The Inspector General shall at all times be granted
31 access to any facility operated by the Department, shall
32 establish and conduct unannounced site visits to those
33 facilities at least once annually, and shall be granted
34 access, for the purpose of investigating a report of abuse or
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1 neglect, to any facility or program funded by the Department
2 that is subject under the provisions of this Section to
3 investigation by the Inspector General for a report of abuse
4 or neglect.
5 (g) Nothing in this Section shall limit investigations
6 by the Department of Mental Health and Developmental
7 Disabilities that may otherwise be required by law or that
8 may be necessary in that Department's capacity as the central
9 administrative authority responsible for the operation of
10 State mental health and developmental disability facilities.
11 (h) This Section is repealed on January 1, 2000.
12 (Source: P.A. 89-427, eff. 12-7-95.)
13 (Text of Section after amendment by P.A. 89-507)
14 Sec. 6.2. Inspector General; mental health and
15 developmental disability facilities.
16 (a) The Governor shall appoint, and the Senate shall
17 confirm, an Inspector General who shall function within the
18 Department of Human Services and report to the Secretary of
19 Human Services. The Inspector General shall investigate
20 reports of suspected abuse or neglect (as those terms are
21 defined in Section 3 of this Act) of patients or residents in
22 any mental health or developmental disabilities facility
23 operated by the Department of Human Services and shall have
24 authority to investigate and take immediate action on reports
25 of abuse or neglect of recipients, whether patients or
26 residents, in any mental health or developmental disabilities
27 facility or program that is licensed or certified by the
28 Department of Human Services (as successor to the Department
29 of Mental Health and Developmental Disabilities) or that is
30 funded by the Department of Human Services (as successor to
31 the Department of Mental Health and Developmental
32 Disabilities) and is not licensed or certified by any agency
33 of the State. At the specific, written request of an agency
34 of the State other than the Department of Human Services (as
-5- LRB9000697DPcc
1 successor to the Department of Mental Health and
2 Developmental Disabilities), the Inspector General may
3 cooperate in investigating reports of abuse and neglect of
4 persons with mental illness or persons with developmental
5 disabilities. The Inspector General shall have no
6 supervision over or involvement in routine, programmatic,
7 licensure, or certification operations of the Department of
8 Human Services or any of its funded agencies.
9 The Inspector General shall promulgate rules establishing
10 minimum requirements for initiating, conducting, and
11 completing investigations. The promulgated rules shall
12 clearly set forth that in instances where 2 or more State
13 agencies could investigate an allegation of abuse or neglect,
14 the Inspector General shall not conduct an investigation that
15 is redundant to an investigation conducted by another State
16 agency. The rules shall establish criteria for determining,
17 based upon the nature of the allegation, the appropriate
18 method of investigation, which may include, but need not be
19 limited to, site visits, telephone contacts, or requests for
20 written responses from agencies. The rules shall also
21 clarify how the Office of the Inspector General shall
22 interact with the licensing unit of the Department of Human
23 Services in investigations of allegations of abuse or
24 neglect. Any allegations or investigations of reports made
25 pursuant to this Act shall remain confidential until a final
26 report is completed. Final reports regarding unsubstantiated
27 or unfounded allegations shall remain confidential, except
28 that final reports may be disclosed pursuant to Section 6 of
29 this Act.
30 The Inspector General shall be appointed for a term of 4
31 years.
32 (b) The Inspector General shall within 24 hours after
33 receiving a report of suspected abuse or neglect determine
34 whether the evidence indicates that any possible criminal act
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1 has been committed. If he determines that a possible criminal
2 act has been committed, or that special expertise is required
3 in the investigation, he shall immediately notify the
4 Department of State Police. The Department of State Police
5 shall investigate any report indicating a possible murder,
6 rape, or other felony. All investigations conducted by the
7 Inspector General shall be conducted in a manner designed to
8 ensure the preservation of evidence for possible use in a
9 criminal prosecution.
10 (c) The Inspector General shall, within 10 calendar days
11 after the transmittal date of a completed investigation where
12 abuse or neglect is substantiated or administrative action is
13 recommended, provide a complete report on the case to the
14 Secretary of Human Services and to the agency in which the
15 abuse or neglect is alleged to have happened. There shall be
16 an appeals process for any person or agency that is subject
17 to any action based on a recommendation or recommendations.
18 (d) The Inspector General may recommend to the
19 Departments of Public Health and Human Services sanctions to
20 be imposed against mental health and developmental
21 disabilities facilities under the jurisdiction of the
22 Department of Human Services for the protection of residents,
23 including appointment of on-site monitors or receivers,
24 transfer or relocation of residents, and closure of units.
25 The Inspector General may seek the assistance of the Attorney
26 General or any of the several State's attorneys in imposing
27 such sanctions.
28 (e) The Inspector General shall establish and conduct
29 periodic training programs for Department employees
30 concerning the prevention and reporting of neglect and abuse.
31 (f) The Inspector General shall at all times be granted
32 access to any mental health or developmental disabilities
33 facility operated by the Department, shall establish and
34 conduct unannounced site visits to those facilities at least
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1 once annually, and shall be granted access, for the purpose
2 of investigating a report of abuse or neglect, to any
3 facility or program funded by the Department that is subject
4 under the provisions of this Section to investigation by the
5 Inspector General for a report of abuse or neglect.
6 (g) Nothing in this Section shall limit investigations
7 by the Department of Human Services that may otherwise be
8 required by law or that may be necessary in that Department's
9 capacity as the central administrative authority responsible
10 for the operation of State mental health and developmental
11 disability facilities.
12 (h) This Section is repealed on January 1, 2000.
13 (Source: P.A. 89-427, eff. 12-7-95; 89-507, eff. 7-1-97.)
14 (210 ILCS 30/6.9 new)
15 Sec. 6.9. Inspector General; long term care facilities.
16 (a) The Governor shall appoint, and the Senate shall
17 confirm, an Inspector General who shall have the authority to
18 conduct investigations into allegations of or incidents of
19 possible misconduct, misfeasance, malfeasance, or violations
20 of rules, procedures, or laws concerning the abuse or neglect
21 of residents of long term care facilities licensed by the
22 Department of Public Health. The Inspector General shall make
23 recommendations to the Director of Public Health concerning
24 civil or criminal actions against long term care facilities.
25 Any investigation conducted by the Inspector General shall be
26 independent and separate from the reports mandated by Section
27 4. The Inspector General shall be appointed for a term of 4
28 years. The Inspector General shall be independent of the
29 operations of the Department and shall report to the Director
30 of Public Health and perform other duties the Director may
31 designate.
32 (b) The Inspector General shall have access to all
33 information and personnel necessary to perform the duties of
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1 the office.
2 (c) The Inspector General shall be the primary liaison
3 between the Attorney General, the State's Attorneys, and the
4 various law enforcement agencies of this State and its
5 political subdivisions with regard to investigations
6 conducted under the Inspector General's auspices. If the
7 Inspector General determines that a possible criminal act has
8 been committed, or that special expertise is required in the
9 investigation, he or she shall immediately notify the proper
10 enforcement authority. All investigations conducted by the
11 Inspector General shall be conducted in a manner designed to
12 ensure the preservation of evidence for possible use in a
13 criminal prosecution.
14 (d) The Inspector General may recommend to the
15 Department, the Department of Human Services, or any other
16 appropriate agency, civil or criminal actions to be brought
17 against long term care facilities licensed by the Department.
18 The Inspector General may seek the assistance of the Attorney
19 General or any of the State's Attorneys in imposing
20 liability.
21 (e) The Inspector General shall at all times be granted
22 access to any long term care facility licensed by the
23 Department.
24 (f) Nothing in this Section shall limit investigations
25 by the Department that may otherwise be required by law or
26 that may be necessary in the Department's capacity as the
27 central licensing authority for long term care facilities.
28 (g) The Inspector General shall have the power to
29 subpoena witnesses and compel the production of books and
30 papers pertinent to an investigation authorized by this Act.
31 Any person who fails to appear in response to a subpoena or
32 to answer any question or produce any books or papers
33 pertinent to an investigation under this Act or who knowingly
34 gives false testimony in relation to an investigation under
-9- LRB9000697DPcc
1 this Act is guilty of a Class A misdemeanor.
2 (h) The Inspector General shall provide to the General
3 Assembly and the Governor, no later than January 1 of each
4 year, a summary of reports and investigations made under this
5 Section for the prior fiscal year. The summaries shall detail
6 the imposition of sanctions and the final disposition of
7 those recommendations. The summaries shall not contain any
8 confidential or identifying information concerning the
9 subjects of the reports and investigations. The summaries
10 also shall include detailed recommended administrative
11 actions and matters for consideration by the General
12 Assembly.
13 (i) As used in this Section, "Inspector General" refers
14 to the person appointed under subsection (a) of this Section.
15 Section 95. No acceleration or delay. Where this Act
16 makes changes in a statute that is represented in this Act by
17 text that is not yet or no longer in effect (for example, a
18 Section represented by multiple versions), the use of that
19 text does not accelerate or delay the taking effect of (i)
20 the changes made by this Act or (ii) provisions derived from
21 any other Public Act.
22 Section 99. Effective date. This Act takes effect upon
23 becoming law.