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Public Act 099-0287 Public Act 0287 99TH GENERAL ASSEMBLY |
Public Act 099-0287 | SB1309 Enrolled | LRB099 10475 KTG 30702 b |
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| AN ACT concerning aging.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Adult Protective Services Act is amended by | changing Section 8 as follows:
| (320 ILCS 20/8) (from Ch. 23, par. 6608)
| Sec. 8. Access to records. All records concerning reports | of abuse,
neglect, financial exploitation, or self-neglect and | all records generated as a result of
such reports shall be | confidential and shall not be disclosed except as
specifically | authorized by this Act or other applicable law. In accord with | established law and Department protocols, procedures, and | policies, access to such
records, but not access to the | identity of the person or persons making a
report of alleged | abuse, neglect,
financial exploitation, or self-neglect as | contained in
such records, shall be provided, upon request, to | the following persons and for the following
persons:
| (1) Department staff, provider agency staff, other | aging network staff, and
regional administrative agency | staff, including staff of the Chicago Department on Aging | while that agency is designated as a regional | administrative agency, in the furtherance of their
| responsibilities under this Act;
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| (1.5) A representative of the public guardian acting in | the course of investigating the appropriateness of | guardianship for the eligible adult or while pursuing a | petition for guardianship of the eligible adult pursuant to | the Probate Act of 1975; | (2) A law enforcement agency investigating known or | suspected
abuse, neglect, financial exploitation, or | self-neglect. Where a provider
agency has reason to believe | that the
death of an eligible adult may be the result of | abuse or neglect, including any reports made after death, | the agency
shall immediately provide the appropriate law | enforcement agency with all
records pertaining to the | eligible adult;
| (2.5) A law enforcement agency, fire department | agency, or fire protection district having proper | jurisdiction pursuant to a written agreement between a | provider agency and the law enforcement agency, fire | department agency, or fire protection district under which | the provider agency may furnish to the law enforcement | agency, fire department agency, or fire protection | district a list of all eligible adults who may be at | imminent risk of abuse, neglect, financial exploitation, | or self-neglect; | (3) A physician who has before him or her or who is | involved
in the treatment of an eligible adult whom he or | she reasonably suspects
may be abused, neglected, |
| financially exploited, or self-neglected or who has been
| referred to the Adult Protective Services Program;
| (4) An eligible adult reported to be abused,
neglected,
| financially exploited, or self-neglected, or such adult's | authorized guardian or agent, unless such
guardian or agent | is the abuser or the alleged abuser; | (4.5) An executor or administrator of the estate of an | eligible adult who is deceased;
| (5) In cases regarding abuse, neglect, or financial | exploitation, a court or a guardian ad litem, upon its or | his or
her finding that access to such records may be
| necessary for the determination of an issue before the | court.
However,
such access shall be limited to an in | camera inspection of the records,
unless the court | determines that disclosure of the information contained
| therein is necessary for the resolution of an issue then | pending before it;
| (5.5) In cases regarding self-neglect, a guardian ad | litem;
| (6) A grand jury, upon its determination that access to | such
records is necessary in the conduct of its official | business;
| (7) Any person authorized by the Director, in writing, | for
audit or bona fide research purposes;
| (8) A coroner or medical examiner who has reason to | believe
that an eligible adult has died as the result of |
| abuse, neglect,
financial exploitation, or self-neglect. | The provider agency shall immediately provide the
coroner
| or medical examiner with all records pertaining to the | eligible adult;
| (8.5) A coroner or medical examiner having proper | jurisdiction, pursuant to a written agreement between a | provider agency and the coroner or medical examiner, under | which the provider agency may furnish to the office of the | coroner or medical examiner a list of all eligible adults | who may be at imminent risk of death as a result of abuse, | neglect, financial exploitation, or self-neglect; | (9) Department of Financial and Professional | Regulation staff
and members of the Illinois Medical | Disciplinary Board or the Social Work Examining and | Disciplinary Board in the course
of investigating alleged | violations of the Clinical Social Work and Social Work
| Practice Act by provider agency staff or other licensing | bodies at the discretion of the Director of the Department | on Aging; | (9-a) Department of Healthcare and Family Services | staff and provider agency staff when that Department is | funding services to the eligible adult, including access to | the identity of the eligible adult; | (9-b) Department of Human Services staff and provider | agency staff when that Department is funding services to | the eligible adult or is providing reimbursement for |
| services provided by the abuser or alleged abuser, | including access to the identity of the eligible adult; | (10) Hearing officers in the course of conducting an | administrative hearing under this Act; parties to such | hearing shall be entitled to discovery as established by | rule;
| (11) A caregiver who challenges placement on the | Registry shall be given the statement of allegations in the | abuse report and the substantiation decision in the final | investigative report; and | (12) The Illinois Guardianship and Advocacy Commission | and the agency designated by the Governor under Section 1 | of the Protection and Advocacy for Developmentally | Disabled Persons Act shall have access, through the | Department, to records, including the findings, pertaining | to a completed or closed investigation of a report of | suspected abuse, neglect, financial exploitation, or | self-neglect of an eligible adult. | (Source: P.A. 97-864, eff. 1-1-13; 98-49, eff. 7-1-13; 98-1039, | eff. 8-25-14.)
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Effective Date: 1/1/2016
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