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91_HB0184ham001
LRB9100216WHdvam01
1 AMENDMENT TO HOUSE BILL 184
2 AMENDMENT NO. . Amend House Bill 184 by replacing
3 the title with the following:
4 "AN ACT to amend the Abused and Neglected Long Term
5 Facility Resident Reporting Act by changing Sections 6.2,
6 6.3, 6.4, 6.5, 6.6, 6.7, and 6.8."; and
7 by replacing everything after the enacting clause with the
8 following:
9 "Section 5. The Abused and Neglected Long Term Care
10 Facility Residents Reporting Act is amended by changing
11 Sections 6.2, 6.3, 6.4, 6.5, 6.6, 6.7, and 6.8 as follows:
12 (210 ILCS 30/6.2) (from Ch. 111 1/2, par. 4166.2)
13 (Section scheduled to be repealed on January 1, 2000)
14 Sec. 6.2. Inspector General.
15 (a) The Governor shall appoint, and the Senate shall
16 confirm, an Inspector General. The Inspector General shall
17 be appointed for a term of 4 years who shall function within
18 the Department of Human Services and report to the Secretary
19 of Human Services and the Governor. The Inspector General
20 shall investigate reports of suspected abuse or neglect (as
21 those terms are defined in Section 3 of this Act) of patients
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1 or residents in any mental health or developmental
2 disabilities facility operated by the Department of Human
3 Services and shall have authority to investigate and take
4 immediate action on reports of abuse or neglect of
5 recipients, whether patients or residents, in any mental
6 health or developmental disabilities facility or program that
7 is licensed or certified by the Department of Human Services
8 (as successor to the Department of Mental Health and
9 Developmental Disabilities) or that is funded by the
10 Department of Human Services (as successor to the Department
11 of Mental Health and Developmental Disabilities) and is not
12 licensed or certified by any agency of the State. At the
13 specific, written request of an agency of the State other
14 than the Department of Human Services (as successor to the
15 Department of Mental Health and Developmental Disabilities),
16 the Inspector General may cooperate in investigating reports
17 of abuse and neglect of persons with mental illness or
18 persons with developmental disabilities. The Inspector
19 General shall have no supervision over or involvement in
20 routine, programmatic, licensure, or certification operations
21 of the Department of Human Services or any of its funded
22 agencies.
23 The Inspector General shall promulgate rules establishing
24 minimum requirements for reporting allegations of abuse and
25 neglect and initiating, conducting, and completing
26 investigations. The promulgated rules shall clearly set
27 forth that in instances where 2 or more State agencies could
28 investigate an allegation of abuse or neglect, the Inspector
29 General shall not conduct an investigation that is redundant
30 to an investigation conducted by another State agency. The
31 rules shall establish criteria for determining, based upon
32 the nature of the allegation, the appropriate method of
33 investigation, which may include, but need not be limited to,
34 site visits, telephone contacts, or requests for written
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1 responses from agencies. The rules shall also clarify how
2 the Office of the Inspector General shall interact with the
3 licensing unit of the Department of Human Services in
4 investigations of allegations of abuse or neglect. Any
5 allegations or investigations of reports made pursuant to
6 this Act shall remain confidential until a final report is
7 completed. The resident or patient who allegedly was abused
8 or neglected and his or her legal guardian shall be informed
9 by the facility or agency of the report of alleged abuse or
10 neglect. Final reports regarding unsubstantiated or unfounded
11 allegations shall remain confidential, except that final
12 reports may be disclosed pursuant to Section 6 of this Act.
13 (a-1) On the effective date of this amendatory Act of
14 1999, the Office of the Inspector General shall become a
15 State agency, apart from the Department of Human Services.
16 Personnel employed by the Department of Human Services to
17 perform functions for the Office of the Inspector General are
18 transferred to the Office of the Inspector General on the
19 effective date of this amendatory Act of 1999.
20 The rights of State employees, the State, and its
21 agencies, under the Personnel Code, the Illinois Pension
22 Code, or any collective bargaining agreement are not affected
23 by this amendatory Act of 1999.
24 All documents, books, correspondence, and property (real
25 and personal) held by the Department of Human Services and
26 all contracts and pending business in the name of the
27 Department of Human Services, which pertain to the rights,
28 powers, and duties of the Office of the Inspector General,
29 are transferred to the Office of the Inspector General on the
30 effective date of this amendatory Act of 1999.
31 The expenditure authority of the Department of Human
32 Services under appropriations available for use in connection
33 with the functions of the Office of the Inspector General is
34 transferred to the Office of the Inspector General on the
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1 effective date of this amendatory Act of 1999.
2 This amendatory Act of 1999 does not affect any act done,
3 ratified, or cancelled, any right occurring or established,
4 or any action or proceeding had or commenced in an
5 administrative, civil, or criminal cause before the effective
6 date of this amendatory Act of 1999.
7 All rules and regulations pertaining to the rights,
8 powers, and duties of the Office of the Inspector General
9 shall continue in force on the effective date of this
10 amendatory Act of 1999.
11 The Inspector General shall be appointed for a term of 4
12 years.
13 (b) The Inspector General shall within 24 hours after
14 receiving a report of suspected abuse or neglect determine
15 whether the evidence indicates that any possible criminal act
16 has been committed. If he determines that a possible criminal
17 act has been committed, or that special expertise is required
18 in the investigation, he shall immediately notify the
19 Department of State Police. The Department of State Police
20 shall investigate any report indicating a possible murder,
21 rape, or other felony. All investigations conducted by the
22 Inspector General shall be conducted in a manner designed to
23 ensure the preservation of evidence for possible use in a
24 criminal prosecution.
25 (b-5) The Inspector General shall make a determination
26 to accept or reject a preliminary report of the investigation
27 of alleged abuse or neglect based on established
28 investigative procedures. The facility or agency may request
29 clarification or reconsideration based on additional
30 information. For cases where the allegation of abuse or
31 neglect is substantiated, the Inspector General shall require
32 the facility or agency to submit a written response. The
33 written response from a facility or agency shall address in a
34 concise and reasoned manner the actions that the agency or
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1 facility will take or has taken to protect the resident or
2 patient from abuse or neglect, prevent reoccurrences, and
3 eliminate problems identified and shall include
4 implementation and completion dates for all such action.
5 (c) The Inspector General shall, within 10 calendar days
6 after the transmittal date of a completed investigation where
7 abuse or neglect is substantiated or administrative action is
8 recommended, provide a complete report on the case to the
9 Secretary of Human Services and to the agency in which the
10 abuse or neglect is alleged to have happened. The complete
11 report shall include a written response from the agency or
12 facility operated by the State to the Inspector General that
13 addresses in a concise and reasoned manner the actions that
14 the agency or facility will take or has taken to protect the
15 resident or patient from abuse or neglect, prevent
16 reoccurrences, and eliminate problems identified and shall
17 include implementation and completion dates for all such
18 action. The Secretary of Human Services shall accept or
19 reject the response and establish how the Department will
20 determine whether the facility or program followed the
21 approved response. The Secretary may require Department
22 personnel to visit the facility or agency for training,
23 technical assistance, programmatic, licensure, or
24 certification purposes. Administrative action, including
25 sanctions, may be applied should the Secretary reject the
26 response or should the facility or agency fail to follow the
27 approved response. The facility or agency shall inform the
28 resident or patient and the legal guardian whether the
29 reported allegation was substantiated, unsubstantiated, or
30 unfounded. There shall be an appeals process for any person
31 or agency that is subject to any action based on a
32 recommendation or recommendations.
33 (d) The Inspector General may recommend to the
34 Departments of Public Health and Human Services sanctions to
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1 be imposed against mental health and developmental
2 disabilities facilities under the jurisdiction of the
3 Department of Human Services for the protection of residents,
4 including appointment of on-site monitors or receivers,
5 transfer or relocation of residents, and closure of units.
6 The Inspector General may seek the assistance of the Attorney
7 General or any of the several State's attorneys in imposing
8 such sanctions.
9 (e) The Inspector General shall establish and conduct
10 periodic training programs for Department of Human Services
11 employees concerning the prevention and reporting of neglect
12 and abuse.
13 (f) The Inspector General shall at all times be granted
14 access to any mental health or developmental disabilities
15 facility operated by the Department of Human Services, shall
16 establish and conduct unannounced site visits to those
17 facilities at least once annually, and shall be granted
18 access, for the purpose of investigating a report of abuse or
19 neglect, to the records of the Department of Human Services
20 and to any facility or program funded by the Department of
21 Human Services that is subject under the provisions of this
22 Section to investigation by the Inspector General for a
23 report of abuse or neglect.
24 (g) Nothing in this Section shall limit investigations
25 by the Department of Human Services that may otherwise be
26 required by law or that may be necessary in that Department's
27 capacity as the central administrative authority responsible
28 for the operation of State mental health and developmental
29 disability facilities.
30 (h) This Section is repealed on January 1, 2000.
31 (Source: P.A. 89-427, eff. 12-7-95; 89-507, eff. 7-1-97;
32 90-252, eff. 7-29-97; 90-512, eff. 8-22-97; 90-655, eff.
33 7-30-98.)
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1 (210 ILCS 30/6.3) (from Ch. 111 1/2, par. 4166.3)
2 (Section scheduled to be repealed on January 1, 2000)
3 Sec. 6.3. Quality Care Board. There is created, within
4 the Department of Human Services' Office of the Inspector
5 General, a Quality Care Board to be composed of 7 members
6 appointed by the Governor with the advice and consent of the
7 Senate. One of the members shall be designated as chairman
8 by the Governor. Of the initial appointments made by the
9 Governor, 4 Board members shall each be appointed for a term
10 of 4 years and 3 members shall each be appointed for a term
11 of 2 years. Upon the expiration of each member's term, a
12 successor shall be appointed for a term of 4 years. In the
13 case of a vacancy in the office of any member, the Governor
14 shall appoint a successor for the remainder of the unexpired
15 term.
16 Members appointed by the Governor shall be qualified by
17 professional knowledge or experience in the area of law,
18 investigatory techniques, or in the area of care of the
19 mentally ill or developmentally disabled. Two members
20 appointed by the Governor shall be persons with a disability
21 or a parent of a person with a disability. Members shall
22 serve without compensation, but shall be reimbursed for
23 expenses incurred in connection with the performance of their
24 duties as members.
25 The Board shall meet quarterly, and may hold other
26 meetings on the call of the chairman. Four members shall
27 constitute a quorum. The Board may adopt rules and
28 regulations it deems necessary to govern its own procedures.
29 The terms of Board members in office on the effective
30 date of this amendatory Act of 1999 are not affected by this
31 amendatory Act of 1999.
32 This Section is repealed on January 1, 2000.
33 (Source: P.A. 89-427, eff. 12-7-95; 89-507, eff. 7-1-97.)
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1 (210 ILCS 30/6.4) (from Ch. 111 1/2, par. 4166.4)
2 (This Section is scheduled to be repealed January 1,
3 2000.)
4 Sec. 6.4. Scope and function of the Quality Care Board.
5 The Board shall monitor and oversee the operations, policies,
6 and procedures of the Inspector General to assure the prompt
7 and thorough investigation of allegations of neglect and
8 abuse. In fulfilling these responsibilities, the Board may
9 do the following:
10 (1) Provide independent, expert consultation to the
11 Inspector General on policies and protocols for
12 investigations of alleged neglect and abuse.
13 (2) Review existing regulations relating to the
14 operation of facilities under the control of the
15 Department of Human Services.
16 (3) Advise the Inspector General as to the content
17 of training activities authorized under Section 6.2.
18 (4) Recommend policies concerning methods for
19 improving the intergovernmental relationships between the
20 office of the Inspector General and other State or
21 federal agencies.
22 This Section is repealed on January 1, 2000.
23 (Source: P.A. 89-427, eff. 12-7-95.)
24 (210 ILCS 30/6.5) (from Ch. 111 1/2, par. 4166.5)
25 (Section scheduled to be repealed on January 1, 2000)
26 Sec. 6.5. Investigators. Within 60 days after the
27 effective date of this amendatory Act of 1992, The Inspector
28 General shall establish a comprehensive program to ensure
29 that every person employed or newly hired to conduct
30 investigations shall receive training on an on-going basis
31 concerning investigative techniques, communication skills,
32 and the appropriate means of contact with persons admitted or
33 committed to the mental health or developmental disabilities
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1 facilities under the jurisdiction of the Department of Human
2 Services.
3 This Section is repealed on January 1, 2000.
4 (Source: P.A. 89-427, eff. 12-7-95; 89-507, eff. 7-1-97.)
5 (210 ILCS 30/6.6) (from Ch. 111 1/2, par. 4166.6)
6 (This Section is scheduled to be repealed January 1,
7 2000.)
8 Sec. 6.6. Subpoenas; testimony; penalty. The Inspector
9 General shall have the power to subpoena witnesses and compel
10 the production of books and papers pertinent to an
11 investigation authorized by this Act, provided that the power
12 to subpoena or to compel the production of books and papers
13 shall not extend to the person or documents of a labor
14 organization or its representatives insofar as the person or
15 documents of a labor organization relate to the function of
16 representing an employee subject to investigation under this
17 Act. Mental health records of patients shall be confidential
18 as provided under the Mental Health and Developmental
19 Disabilities Confidentiality Act. Any person who fails to
20 appear in response to a subpoena or to answer any question or
21 produce any books or papers pertinent to an investigation
22 under this Act, except as otherwise provided in this Section,
23 or who knowingly gives false testimony in relation to an
24 investigation under this Act is guilty of a Class A
25 misdemeanor.
26 This Section is repealed on January 1, 2000.
27 (Source: P.A. 89-427, eff. 12-7-95.)
28 (210 ILCS 30/6.7) (from Ch. 111 1/2, par. 4166.7)
29 (This Section is scheduled to be repealed January 1,
30 2000.)
31 Sec. 6.7. Annual report. The Inspector General shall
32 provide to the General Assembly and the Governor, no later
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1 than January 1 of each year, a summary of reports and
2 investigations made under this Act for the prior fiscal year
3 with respect to residents of institutions under the
4 jurisdiction of the Department of Human Services. The report
5 shall detail the imposition of sanctions and the final
6 disposition of those recommendations. The summaries shall
7 not contain any confidential or identifying information
8 concerning the subjects of the reports and investigations.
9 The report shall also include a trend analysis of the number
10 of reported allegations and their disposition, for each
11 facility and Department-wide, for the most recent 3-year time
12 period and a statement, for each facility, of the
13 staffing-to-patient ratios. The ratios shall include only
14 the number of direct care staff. The report shall also
15 include detailed recommended administrative actions and
16 matters for consideration by the General Assembly.
17 This Section is repealed on July 1, 2000.
18 (Source: P.A. 89-427, eff. 12-7-95.)
19 (210 ILCS 30/6.8) (from Ch. 111 1/2, par. 4166.8)
20 (Section scheduled to be repealed on January 1, 2000)
21 Sec. 6.8. Program audit. The Auditor General shall
22 conduct a biennial program audit of the office of the
23 Inspector General in relation to the Inspector General's
24 compliance with this Act. The audit shall specifically
25 include the Inspector General's effectiveness in
26 investigating reports of alleged neglect or abuse of
27 residents in any facility operated by the Department of Human
28 Services and in making recommendations for sanctions to the
29 Departments of Human Services and Public Health. The Auditor
30 General shall conduct the program audit according to the
31 provisions of the Illinois State Auditing Act and shall
32 report its findings to the General Assembly no later than
33 January 1 of each odd-numbered year.
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1 This Section is repealed on January 1, 2000.
2 (Source: P.A. 89-427, eff. 12-7-95; 89-507, eff. 7-1-97.)
3 Section 99. Effective date. This Act takes effect upon
4 becoming law.".