[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
90_HB3222
210 ILCS 30/6.2 from Ch. 111 1/2, par. 4166.2
210 ILCS 30/6.3 from Ch. 111 1/2, par. 4166.3
210 ILCS 30/6.4 from Ch. 111 1/2, par. 4166.4
210 ILCS 30/6.5 from Ch. 111 1/2, par. 4166.5
210 ILCS 30/6.6 from Ch. 111 1/2, par. 4166.6
210 ILCS 30/6.7 from Ch. 111 1/2, par. 4166.7
Amends the Abused and Neglected Long Term Care Facility
Residents Reporting Act. Deletes provisions that repeal
portions of the Act on January 1, 2000 relating to the
Inspector General and the Quality Care Board.
LRB9010765LDmb
LRB9010765LDmb
1 AN ACT to amend the Abused and Neglected Long Term Care
2 Facility Residents Reporting Act by changing Sections 6.2,
3 6.3, 6.4, 6.5, 6.6, and 6.7.
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 Sections 6.2, 6.3, 6.4, 6.5, 6.6, and 6.7 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10 (Section scheduled to be repealed on January 1, 2000)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 Sec. 6.2. Inspector General.
12 (a) The Governor shall appoint, and the Senate shall
13 confirm, an Inspector General who shall function within the
14 Department of Human Services and report to the Secretary of
15 Human Services and the Governor. The Inspector General shall
16 investigate reports of suspected abuse or neglect (as those
17 terms are defined in Section 3 of this Act) of patients or
18 residents in any mental health or developmental disabilities
19 facility operated by the Department of Human Services and
20 shall have authority to investigate and take immediate action
21 on reports of abuse or neglect of recipients, whether
22 patients or residents, in any mental health or developmental
23 disabilities facility or program that is licensed or
24 certified by the Department of Human Services (as successor
25 to the Department of Mental Health and Developmental
26 Disabilities) or that is funded by the Department of Human
27 Services (as successor to the Department of Mental Health and
28 Developmental Disabilities) and is not licensed or certified
29 by any agency of the State. At the specific, written request
30 of an agency of the State other than the Department of Human
31 Services (as successor to the Department of Mental Health and
-2- LRB9010765LDmb
1 Developmental Disabilities), the Inspector General may
2 cooperate in investigating reports of abuse and neglect of
3 persons with mental illness or persons with developmental
4 disabilities. The Inspector General shall have no
5 supervision over or involvement in routine, programmatic,
6 licensure, or certification operations of the Department of
7 Human Services or any of its funded agencies.
8 The Inspector General shall promulgate rules establishing
9 minimum requirements for reporting allegations of abuse and
10 neglect and initiating, conducting, and completing
11 investigations. The promulgated rules shall clearly set
12 forth that in instances where 2 or more State agencies could
13 investigate an allegation of abuse or neglect, the Inspector
14 General shall not conduct an investigation that is redundant
15 to an investigation conducted by another State agency. The
16 rules shall establish criteria for determining, based upon
17 the nature of the allegation, the appropriate method of
18 investigation, which may include, but need not be limited to,
19 site visits, telephone contacts, or requests for written
20 responses from agencies. The rules shall also clarify how
21 the Office of the Inspector General shall interact with the
22 licensing unit of the Department of Human Services in
23 investigations of allegations of abuse or neglect. Any
24 allegations or investigations of reports made pursuant to
25 this Act shall remain confidential until a final report is
26 completed. The resident or patient who allegedly was abused
27 or neglected and his or her legal guardian shall be informed
28 by the facility or agency of the report of alleged abuse or
29 neglect. Final reports regarding unsubstantiated or unfounded
30 allegations shall remain confidential, except that final
31 reports may be disclosed pursuant to Section 6 of this Act.
32 The Inspector General shall be appointed for a term of 4
33 years.
34 (b) The Inspector General shall within 24 hours after
-3- LRB9010765LDmb
1 receiving a report of suspected abuse or neglect determine
2 whether the evidence indicates that any possible criminal act
3 has been committed. If he determines that a possible criminal
4 act has been committed, or that special expertise is required
5 in the investigation, he shall immediately notify the
6 Department of State Police. The Department of State Police
7 shall investigate any report indicating a possible murder,
8 rape, or other felony. All investigations conducted by the
9 Inspector General shall be conducted in a manner designed to
10 ensure the preservation of evidence for possible use in a
11 criminal prosecution.
12 (b-5) The Inspector General shall make a determination
13 to accept or reject a preliminary report of the investigation
14 of alleged abuse or neglect based on established
15 investigative procedures. The facility or agency may request
16 clarification or reconsideration based on additional
17 information. For cases where the allegation of abuse or
18 neglect is substantiated, the Inspector General shall require
19 the facility or agency to submit a written response. The
20 written response from a facility or agency shall address in a
21 concise and reasoned manner the actions that the agency or
22 facility will take or has taken to protect the resident or
23 patient from abuse or neglect, prevent reoccurrences, and
24 eliminate problems identified and shall include
25 implementation and completion dates for all such action.
26 (c) The Inspector General shall, within 10 calendar days
27 after the transmittal date of a completed investigation where
28 abuse or neglect is substantiated or administrative action is
29 recommended, provide a complete report on the case to the
30 Secretary of Human Services and to the agency in which the
31 abuse or neglect is alleged to have happened. The complete
32 report shall include a written response from the agency or
33 facility operated by the State to the Inspector General that
34 addresses in a concise and reasoned manner the actions that
-4- LRB9010765LDmb
1 the agency or facility will take or has taken to protect the
2 resident or patient from abuse or neglect, prevent
3 reoccurrences, and eliminate problems identified and shall
4 include implementation and completion dates for all such
5 action. The Secretary of Human Services shall accept or
6 reject the response and establish how the Department will
7 determine whether the facility or program followed the
8 approved response. The Secretary may require Department
9 personnel to visit the facility or agency for training,
10 technical assistance, programmatic, licensure, or
11 certification purposes. Administrative action, including
12 sanctions, may be applied should the Secretary reject the
13 response or should the facility or agency fail to follow the
14 approved response. The facility or agency shall inform the
15 resident or patient and the legal guardian whether the
16 reported allegation was substantiated, unsubstantiated, or
17 unfounded. There shall be an appeals process for any person
18 or agency that is subject to any action based on a
19 recommendation or recommendations.
20 (d) The Inspector General may recommend to the
21 Departments of Public Health and Human Services sanctions to
22 be imposed against mental health and developmental
23 disabilities facilities under the jurisdiction of the
24 Department of Human Services for the protection of residents,
25 including appointment of on-site monitors or receivers,
26 transfer or relocation of residents, and closure of units.
27 The Inspector General may seek the assistance of the Attorney
28 General or any of the several State's attorneys in imposing
29 such sanctions.
30 (e) The Inspector General shall establish and conduct
31 periodic training programs for Department employees
32 concerning the prevention and reporting of neglect and abuse.
33 (f) The Inspector General shall at all times be granted
34 access to any mental health or developmental disabilities
-5- LRB9010765LDmb
1 facility operated by the Department, shall establish and
2 conduct unannounced site visits to those facilities at least
3 once annually, and shall be granted access, for the purpose
4 of investigating a report of abuse or neglect, to any
5 facility or program funded by the Department that is subject
6 under the provisions of this Section to investigation by the
7 Inspector General for a report of abuse or neglect.
8 (g) Nothing in this Section shall limit investigations
9 by the Department of Human Services that may otherwise be
10 required by law or that may be necessary in that Department's
11 capacity as the central administrative authority responsible
12 for the operation of State mental health and developmental
13 disability facilities.
14 (h) This Section is repealed on January 1, 2000.
15 (Source: P.A. 89-427, eff. 12-7-95; 89-507, eff. 7-1-97;
16 90-252, eff. 7-29-97; 90-512, eff. 8-22-97; revised
17 11-14-97.)
18 (210 ILCS 30/6.3) (from Ch. 111 1/2, par. 4166.3)
19 (Section scheduled to be repealed on January 1, 2000)
20 Sec. 6.3. Quality Care Board. There is created, within
21 the Department of Human Services' Office of the Inspector
22 General, a Quality Care Board to be composed of 7 members
23 appointed by the Governor with the advice and consent of the
24 Senate. One of the members shall be designated as chairman
25 by the Governor. Of the initial appointments made by the
26 Governor, 4 Board members shall each be appointed for a term
27 of 4 years and 3 members shall each be appointed for a term
28 of 2 years. Upon the expiration of each member's term, a
29 successor shall be appointed for a term of 4 years. In the
30 case of a vacancy in the office of any member, the Governor
31 shall appoint a successor for the remainder of the unexpired
32 term.
33 Members appointed by the Governor shall be qualified by
-6- LRB9010765LDmb
1 professional knowledge or experience in the area of law,
2 investigatory techniques, or in the area of care of the
3 mentally ill or developmentally disabled. Two members
4 appointed by the Governor shall be persons with a disability
5 or a parent of a person with a disability. Members shall
6 serve without compensation, but shall be reimbursed for
7 expenses incurred in connection with the performance of their
8 duties as members.
9 The Board shall meet quarterly, and may hold other
10 meetings on the call of the chairman. Four members shall
11 constitute a quorum. The Board may adopt rules and
12 regulations it deems necessary to govern its own procedures.
13 This Section is repealed on January 1, 2000.
14 (Source: P.A. 89-427, eff. 12-7-95; 89-507, eff. 7-1-97.)
15 (210 ILCS 30/6.4) (from Ch. 111 1/2, par. 4166.4)
16 (This Section is scheduled to be repealed January 1,
17 2000.)
18 Sec. 6.4. Scope and function of the Quality Care Board.
19 The Board shall monitor and oversee the operations, policies,
20 and procedures of the Inspector General to assure the prompt
21 and thorough investigation of allegations of neglect and
22 abuse. In fulfilling these responsibilities, the Board may
23 do the following:
24 (1) Provide independent, expert consultation to the
25 Inspector General on policies and protocols for
26 investigations of alleged neglect and abuse.
27 (2) Review existing regulations relating to the
28 operation of facilities under the control of the
29 Department.
30 (3) Advise the Inspector General as to the content
31 of training activities authorized under Section 6.2.
32 (4) Recommend policies concerning methods for
33 improving the intergovernmental relationships between the
-7- LRB9010765LDmb
1 office of the Inspector General and other State or
2 federal agencies.
3 This Section is repealed on January 1, 2000.
4 (Source: P.A. 89-427, eff. 12-7-95.)
5 (210 ILCS 30/6.5) (from Ch. 111 1/2, par. 4166.5)
6 (Section scheduled to be repealed on January 1, 2000)
7 Sec. 6.5. Investigators. Within 60 days after the
8 effective date of this amendatory Act of 1992, the Inspector
9 General shall establish a comprehensive program to ensure
10 that every person employed or newly hired to conduct
11 investigations shall receive training on an on-going basis
12 concerning investigative techniques, communication skills,
13 and the appropriate means of contact with persons admitted or
14 committed to the mental health or developmental disabilities
15 facilities under the jurisdiction of the Department of Human
16 Services.
17 This Section is repealed on January 1, 2000.
18 (Source: P.A. 89-427, eff. 12-7-95; 89-507, eff. 7-1-97.)
19 (210 ILCS 30/6.6) (from Ch. 111 1/2, par. 4166.6)
20 (This Section is scheduled to be repealed January 1,
21 2000.)
22 Sec. 6.6. Subpoenas; testimony; penalty. The Inspector
23 General shall have the power to subpoena witnesses and compel
24 the production of books and papers pertinent to an
25 investigation authorized by this Act, provided that the power
26 to subpoena or to compel the production of books and papers
27 shall not extend to the person or documents of a labor
28 organization or its representatives insofar as the person or
29 documents of a labor organization relate to the function of
30 representing an employee subject to investigation under this
31 Act. Mental health records of patients shall be confidential
32 as provided under the Mental Health and Developmental
-8- LRB9010765LDmb
1 Disabilities Confidentiality Act. Any person who fails to
2 appear in response to a subpoena or to answer any question or
3 produce any books or papers pertinent to an investigation
4 under this Act, except as otherwise provided in this Section,
5 or who knowingly gives false testimony in relation to an
6 investigation under this Act is guilty of a Class A
7 misdemeanor.
8 This Section is repealed on January 1, 2000.
9 (Source: P.A. 89-427, eff. 12-7-95.)
10 (210 ILCS 30/6.7) (from Ch. 111 1/2, par. 4166.7)
11 (This Section is scheduled to be repealed January 1,
12 2000.)
13 Sec. 6.7. Annual report. The Inspector General shall
14 provide to the General Assembly and the Governor, no later
15 than January 1 of each year, a summary of reports and
16 investigations made under this Act for the prior fiscal year
17 with respect to residents of institutions under the
18 jurisdiction of the Department. The report shall detail the
19 imposition of sanctions and the final disposition of those
20 recommendations. The summaries shall not contain any
21 confidential or identifying information concerning the
22 subjects of the reports and investigations. The report shall
23 also include a trend analysis of the number of reported
24 allegations and their disposition, for each facility and
25 Department-wide, for the most recent 3-year time period and a
26 statement, for each facility, of the staffing-to-patient
27 ratios. The ratios shall include only the number of direct
28 care staff. The report shall also include detailed
29 recommended administrative actions and matters for
30 consideration by the General Assembly.
31 This Section is repealed on July 1, 2000.
32 (Source: P.A. 89-427, eff. 12-7-95.)