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91_SB1135
LRB9105933ACtm
1 AN ACT to amend the Abused and Neglected Long Term Care
2 Facility Residents Reporting Act.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Abused and Neglected Long Term Care
6 Facility Residents Reporting Act is amended by changing
7 Sections 6.2, 6.3, 6.4, 6.5, 6.6, 6.7, and 6.8 as follows:
8 (210 ILCS 30/6.2) (from Ch. 111 1/2, par. 4166.2)
9 (Section scheduled to be repealed on January 1, 2000)
10 Sec. 6.2. Inspector General.
11 (a) The Governor shall appoint, and the Senate shall
12 confirm, an Inspector General who shall function within the
13 Department of Human Services and report to the Secretary of
14 Human Services and the Governor. The Inspector General shall
15 investigate reports of suspected abuse or neglect (as those
16 terms are defined in Section 3 of this Act) of patients or
17 residents in any mental health or developmental disabilities
18 facility operated by the Department of Human Services and
19 shall have authority to investigate and take immediate action
20 on reports of abuse or neglect of recipients, whether
21 patients or residents, in any mental health or developmental
22 disabilities facility or program that is licensed or
23 certified by the Department of Human Services (as successor
24 to the Department of Mental Health and Developmental
25 Disabilities) or that is funded by the Department of Human
26 Services (as successor to the Department of Mental Health and
27 Developmental Disabilities) and is not licensed or certified
28 by any agency of the State. At the specific, written request
29 of an agency of the State other than the Department of Human
30 Services (as successor to the Department of Mental Health and
31 Developmental Disabilities), the Inspector General may
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1 cooperate in investigating reports of abuse and neglect of
2 persons with mental illness or persons with developmental
3 disabilities. The Inspector General shall have no
4 supervision over or involvement in routine, programmatic,
5 licensure, or certification operations of the Department of
6 Human Services or any of its funded agencies.
7 The Inspector General shall promulgate rules establishing
8 minimum requirements for reporting allegations of abuse and
9 neglect and initiating, conducting, and completing
10 investigations. The promulgated rules shall clearly set
11 forth that in instances where 2 or more State agencies could
12 investigate an allegation of abuse or neglect, the Inspector
13 General shall not conduct an investigation that is redundant
14 to an investigation conducted by another State agency. The
15 rules shall establish criteria for determining, based upon
16 the nature of the allegation, the appropriate method of
17 investigation, which may include, but need not be limited to,
18 site visits, telephone contacts, or requests for written
19 responses from agencies. The rules shall also clarify how
20 the Office of the Inspector General shall interact with the
21 licensing unit of the Department of Human Services in
22 investigations of allegations of abuse or neglect. Any
23 allegations or investigations of reports made pursuant to
24 this Act shall remain confidential until a final report is
25 completed. The resident or patient who allegedly was abused
26 or neglected and his or her legal guardian shall be informed
27 by the facility or agency of the report of alleged abuse or
28 neglect. Final reports regarding unsubstantiated or unfounded
29 allegations shall remain confidential, except that final
30 reports may be disclosed pursuant to Section 6 of this Act.
31 The Inspector General shall be appointed for a term of 4
32 years.
33 (b) The Inspector General shall within 24 hours after
34 receiving a report of suspected abuse or neglect determine
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1 whether the evidence indicates that any possible criminal act
2 has been committed. If he determines that a possible criminal
3 act has been committed, or that special expertise is required
4 in the investigation, he shall immediately notify the
5 Department of State Police. The Department of State Police
6 shall investigate any report indicating a possible murder,
7 rape, or other felony. All investigations conducted by the
8 Inspector General shall be conducted in a manner designed to
9 ensure the preservation of evidence for possible use in a
10 criminal prosecution.
11 (b-5) The Inspector General shall make a determination
12 to accept or reject a preliminary report of the investigation
13 of alleged abuse or neglect based on established
14 investigative procedures. The facility or agency may request
15 clarification or reconsideration based on additional
16 information. For cases where the allegation of abuse or
17 neglect is substantiated, the Inspector General shall require
18 the facility or agency to submit a written response. The
19 written response from a facility or agency shall address in a
20 concise and reasoned manner the actions that the agency or
21 facility will take or has taken to protect the resident or
22 patient from abuse or neglect, prevent reoccurrences, and
23 eliminate problems identified and shall include
24 implementation and completion dates for all such action.
25 (c) The Inspector General shall, within 10 calendar days
26 after the transmittal date of a completed investigation where
27 abuse or neglect is substantiated or administrative action is
28 recommended, provide a complete report on the case to the
29 Secretary of Human Services and to the agency in which the
30 abuse or neglect is alleged to have happened. The complete
31 report shall include a written response from the agency or
32 facility operated by the State to the Inspector General that
33 addresses in a concise and reasoned manner the actions that
34 the agency or facility will take or has taken to protect the
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1 resident or patient from abuse or neglect, prevent
2 reoccurrences, and eliminate problems identified and shall
3 include implementation and completion dates for all such
4 action. The Secretary of Human Services shall accept or
5 reject the response and establish how the Department will
6 determine whether the facility or program followed the
7 approved response. The Secretary may require Department
8 personnel to visit the facility or agency for training,
9 technical assistance, programmatic, licensure, or
10 certification purposes. Administrative action, including
11 sanctions, may be applied should the Secretary reject the
12 response or should the facility or agency fail to follow the
13 approved response. The facility or agency shall inform the
14 resident or patient and the legal guardian whether the
15 reported allegation was substantiated, unsubstantiated, or
16 unfounded. There shall be an appeals process for any person
17 or agency that is subject to any action based on a
18 recommendation or recommendations.
19 (d) The Inspector General may recommend to the
20 Departments of Public Health and Human Services sanctions to
21 be imposed against mental health and developmental
22 disabilities facilities under the jurisdiction of the
23 Department of Human Services for the protection of residents,
24 including appointment of on-site monitors or receivers,
25 transfer or relocation of residents, and closure of units.
26 The Inspector General may seek the assistance of the Attorney
27 General or any of the several State's attorneys in imposing
28 such sanctions.
29 (e) The Inspector General shall establish and conduct
30 periodic training programs for Department employees
31 concerning the prevention and reporting of neglect and abuse.
32 (f) The Inspector General shall at all times be granted
33 access to any mental health or developmental disabilities
34 facility operated by the Department, shall establish and
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1 conduct unannounced site visits to those facilities at least
2 once annually, and shall be granted access, for the purpose
3 of investigating a report of abuse or neglect, to any
4 facility or program funded by the Department that is subject
5 under the provisions of this Section to investigation by the
6 Inspector General for a report of abuse or neglect.
7 (g) Nothing in this Section shall limit investigations
8 by the Department of Human Services that may otherwise be
9 required by law or that may be necessary in that Department's
10 capacity as the central administrative authority responsible
11 for the operation of State mental health and developmental
12 disability facilities.
13 (h) 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 90-252, eff. 7-29-97; 90-512, eff. 8-22-97; 90-655, eff.
16 7-30-98.)
17 (210 ILCS 30/6.3) (from Ch. 111 1/2, par. 4166.3)
18 (Section scheduled to be repealed on January 1, 2000)
19 Sec. 6.3. Quality Care Board. There is created, within
20 the Department of Human Services' Office of the Inspector
21 General, a Quality Care Board to be composed of 7 members
22 appointed by the Governor with the advice and consent of the
23 Senate. One of the members shall be designated as chairman
24 by the Governor. Of the initial appointments made by the
25 Governor, 4 Board members shall each be appointed for a term
26 of 4 years and 3 members shall each be appointed for a term
27 of 2 years. Upon the expiration of each member's term, a
28 successor shall be appointed for a term of 4 years. In the
29 case of a vacancy in the office of any member, the Governor
30 shall appoint a successor for the remainder of the unexpired
31 term.
32 Members appointed by the Governor shall be qualified by
33 professional knowledge or experience in the area of law,
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1 investigatory techniques, or in the area of care of the
2 mentally ill or developmentally disabled. Two members
3 appointed by the Governor shall be persons with a disability
4 or a parent of a person with a disability. Members shall
5 serve without compensation, but shall be reimbursed for
6 expenses incurred in connection with the performance of their
7 duties as members.
8 The Board shall meet quarterly, and may hold other
9 meetings on the call of the chairman. Four members shall
10 constitute a quorum. The Board may adopt rules and
11 regulations it deems necessary to govern its own procedures.
12 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 30/6.4) (from Ch. 111 1/2, par. 4166.4)
15 (This Section is scheduled to be repealed January 1,
16 2000.)
17 Sec. 6.4. Scope and function of the Quality Care Board.
18 The Board shall monitor and oversee the operations, policies,
19 and procedures of the Inspector General to assure the prompt
20 and thorough investigation of allegations of neglect and
21 abuse. In fulfilling these responsibilities, the Board may
22 do the following:
23 (1) Provide independent, expert consultation to the
24 Inspector General on policies and protocols for
25 investigations of alleged neglect and abuse.
26 (2) Review existing regulations relating to the
27 operation of facilities under the control of the
28 Department.
29 (3) Advise the Inspector General as to the content
30 of training activities authorized under Section 6.2.
31 (4) Recommend policies concerning methods for
32 improving the intergovernmental relationships between the
33 office of the Inspector General and other State or
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1 federal agencies.
2 This Section is repealed on January 1, 2000.
3 (Source: P.A. 89-427, eff. 12-7-95.)
4 (210 ILCS 30/6.5) (from Ch. 111 1/2, par. 4166.5)
5 (Section scheduled to be repealed on January 1, 2000)
6 Sec. 6.5. Investigators. Within 60 days after the
7 effective date of this amendatory Act of 1992, the Inspector
8 General shall establish a comprehensive program to ensure
9 that every person employed or newly hired to conduct
10 investigations shall receive training on an on-going basis
11 concerning investigative techniques, communication skills,
12 and the appropriate means of contact with persons admitted or
13 committed to the mental health or developmental disabilities
14 facilities under the jurisdiction of the Department of Human
15 Services.
16 This Section is repealed on January 1, 2000.
17 (Source: P.A. 89-427, eff. 12-7-95; 89-507, eff. 7-1-97.)
18 (210 ILCS 30/6.6) (from Ch. 111 1/2, par. 4166.6)
19 (This Section is scheduled to be repealed January 1,
20 2000.)
21 Sec. 6.6. Subpoenas; testimony; penalty. The Inspector
22 General shall have the power to subpoena witnesses and compel
23 the production of books and papers pertinent to an
24 investigation authorized by this Act, provided that the power
25 to subpoena or to compel the production of books and papers
26 shall not extend to the person or documents of a labor
27 organization or its representatives insofar as the person or
28 documents of a labor organization relate to the function of
29 representing an employee subject to investigation under this
30 Act. Mental health records of patients shall be confidential
31 as provided under the Mental Health and Developmental
32 Disabilities Confidentiality Act. Any person who fails to
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1 appear in response to a subpoena or to answer any question or
2 produce any books or papers pertinent to an investigation
3 under this Act, except as otherwise provided in this Section,
4 or who knowingly gives false testimony in relation to an
5 investigation under this Act is guilty of a Class A
6 misdemeanor.
7 This Section is repealed on January 1, 2000.
8 (Source: P.A. 89-427, eff. 12-7-95.)
9 (210 ILCS 30/6.7) (from Ch. 111 1/2, par. 4166.7)
10 (This Section is scheduled to be repealed January 1,
11 2000.)
12 Sec. 6.7. Annual report. The Inspector General shall
13 provide to the General Assembly and the Governor, no later
14 than January 1 of each year, a summary of reports and
15 investigations made under this Act for the prior fiscal year
16 with respect to residents of institutions under the
17 jurisdiction of the Department. The report shall detail the
18 imposition of sanctions and the final disposition of those
19 recommendations. The summaries shall not contain any
20 confidential or identifying information concerning the
21 subjects of the reports and investigations. The report shall
22 also include a trend analysis of the number of reported
23 allegations and their disposition, for each facility and
24 Department-wide, for the most recent 3-year time period and a
25 statement, for each facility, of the staffing-to-patient
26 ratios. The ratios shall include only the number of direct
27 care staff. The report shall also include detailed
28 recommended administrative actions and matters for
29 consideration by the General Assembly.
30 This Section is repealed on July 1, 2000.
31 (Source: P.A. 89-427, eff. 12-7-95.)
32 (210 ILCS 30/6.8) (from Ch. 111 1/2, par. 4166.8)
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1 (Section scheduled to be repealed on January 1, 2000)
2 Sec. 6.8. Program audit. The Auditor General shall
3 conduct a biennial program audit of the office of the
4 Inspector General in relation to the Inspector General's
5 compliance with this Act. The audit shall specifically
6 include the Inspector General's effectiveness in
7 investigating reports of alleged neglect or abuse of
8 residents in any facility operated by the Department and in
9 making recommendations for sanctions to the Departments of
10 Human Services and Public Health. The Auditor General shall
11 conduct the program audit according to the provisions of the
12 Illinois State Auditing Act and shall report its findings to
13 the General Assembly no later than January 1 of each
14 odd-numbered year.
15 This Section is repealed on January 1, 2000.
16 (Source: P.A. 89-427, eff. 12-7-95; 89-507, eff. 7-1-97.)
17 Section 99. Effective date. This Act takes effect upon
18 becoming law.