Public Act 93-0300

HB0085 Enrolled                      LRB093 02692 LCB 02703 b

    AN ACT concerning elder abuse.

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

    Section 5.  The Elder Abuse and Neglect Act is amended by
changing Sections 2, 3.5, 4, and 7 as follows:

    (320 ILCS 20/2) (from Ch. 23, par. 6602)
    Sec.  2.  Definitions.   As  used in this Act, unless the
context requires otherwise:
    (a)  "Abuse" means causing any physical, mental or sexual
injury to an eligible adult, including exploitation  of  such
adult's financial resources.
    Nothing  in  this  Act shall be construed to mean that an
eligible adult is a victim of abuse or neglect for  the  sole
reason  that he or she is being furnished with or relies upon
treatment  by  spiritual  means  through  prayer  alone,   in
accordance  with  the  tenets  and  practices of a recognized
church or religious denomination.
    Nothing in this Act shall be construed to  mean  that  an
eligible  adult  is  a victim of abuse because of health care
services provided or not provided  by  licensed  health  care
professionals.
    (a-5)  "Abuser"  means  a person who abuses, neglects, or
financially exploits an eligible adult.
    (a-7)  "Caregiver" means a person who either as a  result
of  a  family  relationship,  voluntarily, or in exchange for
compensation has assumed responsibility for all or a  portion
of  the  care  of an eligible adult who needs assistance with
activities of daily living.
    (b)  "Department" means the Department on  Aging  of  the
State of Illinois.
    (c)  "Director" means the Director of the Department.
    (d)  "Domestic  living situation" means a residence where
the eligible adult lives alone or with his or her family or a
caregiver, or others, or a  board  and  care  home  or  other
community-based unlicensed facility, but is not:
         (1)  A licensed facility as defined in Section 1-113
    of the Nursing Home Care Act;
         (2)  A  "life  care facility" as defined in the Life
    Care Facilities Act;
         (3)  A home, institution, or other place operated by
    the federal government or agency thereof or by the  State
    of Illinois;
         (4)  A  hospital,  sanitarium, or other institution,
    the principal  activity  or  business  of  which  is  the
    diagnosis,  care,  and treatment of human illness through
    the maintenance and  operation  of  organized  facilities
    therefor,  which  is  required  to  be licensed under the
    Hospital Licensing Act;
         (5)  A "community living facility" as defined in the
    Community Living Facilities Licensing Act;
         (6)  A  "community   residential   alternative"   as
    defined   in   the   Community  Residential  Alternatives
    Licensing Act; and
         (7)  A "community-integrated living arrangement"  as
    defined  in  the Community-Integrated Living Arrangements
    Licensure and Certification Act.
    (e)  "Eligible adult" means a person 60 years of  age  or
older  who  resides in a domestic living situation and is, or
is alleged to be, abused, neglected, or financially exploited
by another individual.
    (f)  "Emergency" means a situation in which  an  eligible
adult  is  living in conditions presenting a risk of death or
physical, mental or sexual injury and the provider agency has
reason to believe the eligible adult is unable to consent  to
services which would alleviate that risk.

    (f-5)  "Mandated  reporter"  means  any  of the following
persons while engaged  in  carrying  out  their  professional
duties:
         (1)  a professional or professional's delegate while
    engaged  in:  (i)  social services, (ii) law enforcement,
    (iii) education, (iv) the care of an  eligible  adult  or
    eligible  adults,  or (v) any of the occupations required
    to be licensed under the Clinical Psychologist  Licensing
    Act,  the  Clinical  Social Work and Social Work Practice
    Act, the Illinois Dental Practice Act, the  Dietetic  and
    Nutrition  Services Practice Act, the Marriage and Family
    Therapy Licensing Act, the Medical Practice Act of  1987,
    the  Naprapathic  Practice  Act, the Nursing and Advanced
    Practice Nursing Act,  the  Nursing  Home  Administrators
    Licensing and Disciplinary Act, the Illinois Occupational
    Therapy  Practice  Act,  the Illinois Optometric Practice
    Act of 1987, the  Pharmacy  Practice  Act  of  1987,  the
    Illinois  Physical  Therapy  Act, the Physician Assistant
    Practice Act of 1987, the Podiatric Medical Practice  Act
    of   1987,   the   Respiratory  Care  Practice  Act,  the
    Professional   Counselor   and   Clinical    Professional
    Counselor  Licensing  Act,  the  Illinois Speech-Language
    Pathology and  Audiology  Practice  Act,  the  Veterinary
    Medicine  and  Surgery  Practice  Act  of  1994,  and the
    Illinois Public Accounting Act;
         (2)  an  employee  of  a  vocational  rehabilitation
    facility prescribed or supervised by  the  Department  of
    Human Services;
         (3)  an administrator, employee, or person providing
    services  in  or  through  an  unlicensed community based
    facility;
         (4)  a Christian Science Practitioner;
         (5)  field personnel of  the  Department  of  Public
    Aid, Department of Public Health, and Department of Human
    Services, and any county or municipal health department;
         (6)  personnel  of the Department of Human Services,
    the Guardianship and Advocacy Commission, the State  Fire
    Marshal,  local fire departments, the Department on Aging
    and its subsidiary Area Agencies on  Aging  and  provider
    agencies,   and  the  Office  of  State  Long  Term  Care
    Ombudsman;
         (7)  any employee  of  the  State  of  Illinois  not
    otherwise  specified  herein who is involved in providing
    services  to  eligible  adults,  including  professionals
    providing medical  or  rehabilitation  services  and  all
    other persons having direct contact with eligible adults;
    or
         (8)  a  person  who performs the duties of a coroner
    or medical examiner; or
         (9)  a person who performs the duties of a paramedic
    or an emergency medical technician.
      (g)  "Neglect" means another  individual's  failure  to
provide an eligible adult with or willful withholding from an
eligible  adult  the  necessities  of life including, but not
limited to, food, clothing, shelter  or  medical  care.  This
subsection  does  not  create  any  new  affirmative  duty to
provide support to eligible  adults.   Nothing  in  this  Act
shall be construed to mean that an eligible adult is a victim
of  neglect  because  of health care services provided or not
provided by licensed health care professionals.
    (h)  "Provider agency"  means  any  public  or  nonprofit
agency  in  a  planning  and  service  area  appointed by the
regional administrative agency with  prior  approval  by  the
Department  on Aging to receive and assess reports of alleged
or suspected abuse, neglect, or financial exploitation.
    (i)  "Regional administrative agency" means any public or
nonprofit agency in a planning and service area so designated
by the Department, provided that the designated  Area  Agency
on  Aging  shall  be  designated  the regional administrative
agency if it so requests. The  Department  shall  assume  the
functions  of  the  regional  administrative  agency  for any
planning and service area where  another  agency  is  not  so
designated.
    (j)  "Substantiated   case"  means  a  reported  case  of
alleged   or   suspected   abuse,   neglect,   or   financial
exploitation in which a provider  agency,  after  assessment,
determines that there is reason to believe abuse, neglect, or
financial exploitation has occurred.
(Source:  P.A.  91-259,  eff.  1-1-00;  91-357, eff. 7-29-99;
91-533, eff. 8-13-99; 92-16, eff. 6-28-01.)

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

    (320 ILCS 20/4) (from Ch. 23, par. 6604)
    Sec. 4.  Reports of abuse or neglect.
    (a)  Any  person  who  suspects  the  abuse,  neglect, or



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

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