Public Act 93-0636
HB0088 Re-Enrolled LRB093 02345 AMC 02704 b
AN ACT in relation to health care.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Mental Health and Developmental
Disabilities Administrative Act is amended by changing
Sections 4, 7, and 15 as follows:
(20 ILCS 1705/4) (from Ch. 91 1/2, par. 100-4)
Sec. 4. Supervision of facilities and services;
quarterly reports.
(a) To exercise executive and administrative supervision
over all facilities, divisions, programs and services now
existing or hereafter acquired or created under the
jurisdiction of the Department, including, but not limited
to, the following:
The Alton Mental Health Center, at Alton
The Clyde L. Choate Mental Health and Developmental
Center, at Anna
The Chester Mental Health Center, at Chester
The Chicago-Read Mental Health Center, at Chicago
The Elgin Mental Health Center, at Elgin
The Metropolitan Children and Adolescents Center, at
Chicago
The Jacksonville Developmental Center, at
Jacksonville
The Governor Samuel H. Shapiro Developmental Center,
at Kankakee
The Tinley Park Mental Health Center, at Tinley Park
The Warren G. Murray Developmental Center, at
Centralia
The Jack Mabley Developmental Center, at Dixon
The Lincoln Developmental Center, at Lincoln
The H. Douglas Singer Mental Health and
Developmental Center, at Rockford
The John J. Madden Mental Health Center, at Chicago
The George A. Zeller Mental Health Center, at Peoria
The Andrew McFarland Mental Health Center, at
Springfield
The Adolf Meyer Mental Health Center, at Decatur
The William W. Fox Developmental Center, at Dwight
The Elisabeth Ludeman Developmental Center, at Park
Forest
The William A. Howe Developmental Center, at Tinley
Park
The Ann M. Kiley Developmental Center, at Waukegan.
(b) Beginning not later than July 1, 1977, the
Department shall cause each of the facilities under its
jurisdiction which provide in-patient care to comply with
standards, rules and regulations of the Department of Public
Health prescribed under Section 6.05 of the Hospital
Licensing Act.
(c) The Department shall issue quarterly reports on
admissions, deflections, discharges, bed closures,
staff-resident ratios, census, and average length of stay,
and any adverse federal certification or accreditation
findings, if any, for each State-operated facility for the
mentally ill and developmentally disabled.
(Source: P.A. 91-357, eff. 7-29-99; 91-652, eff. 12-1-99.)
(20 ILCS 1705/7) (from Ch. 91 1/2, par. 100-7)
Sec. 7. To receive and provide the highest possible
quality of humane and rehabilitative care and treatment to
all persons admitted or committed or transferred in
accordance with law to the facilities, divisions, programs,
and services under the jurisdiction of the Department. No
resident of another state shall be received or retained to
the exclusion of any resident of this State. No resident of
another state shall be received or retained to the exclusion
of any resident of this State. All recipients of 17 years of
age and under in residence in a Department facility other
than a facility for the care of the mentally retarded shall
be housed in quarters separated from older recipients except
for: (a) recipients who are placed in medical-surgical units
because of physical illness; and (b) recipients between 13
and 18 years of age who need temporary security measures.
All recipients in a Department facility shall be given a
dental examination by a licensed dentist or registered dental
hygienist at least once every 18 months and shall be assigned
to a dentist for such dental care and treatment as is
necessary.
All medications administered to recipients shall be
administered only by those persons who are legally qualified
to do so by the laws of the State of Illinois. Medication
shall not be prescribed until a physical and mental
examination of the recipient has been completed. If, in the
clinical judgment of a physician, it is necessary to
administer medication to a recipient before the completion of
the physical and mental examination, he may prescribe such
medication but he must file a report with the facility
director setting forth the reasons for prescribing such
medication within 24 hours of the prescription. A copy of the
report shall be part of the recipient's record.
No later than January 1, 2005, the Department shall adopt
a model protocol and forms for recording all patient
diagnosis, care, and treatment at each State-operated
facility for the mentally ill and developmentally disabled
under the jurisdiction of the Department. The model protocol
and forms shall be used by each facility unless the
Department determines that equivalent alternatives justify an
exemption.
Every facility under the jurisdiction of the Department
shall maintain a copy of each report of suspected abuse or
neglect of the patient. Copies of those reports shall be made
available to the State Auditor General in connection with his
biennial program audit of the facility as required by Section
3-2 of the Illinois State Auditing Act.
No later than January 1 2004, the Department shall report
to the Governor and the General Assembly whether each
State-operated facility for the mentally ill and
developmentally disabled under the jurisdiction of the
Department and all services provided in those facilities
comply with all of the applicable standards adopted by the
Social Security Administration under Subchapter XVIII
(Medicare) of the Social Security Act (42 U.S.C.
1395-1395ccc), if the facility and services may be eligible
for federal financial participation under that federal law.
For those facilities that do comply, the report shall
indicate what actions need to be taken to ensure continued
compliance. For those facilities that do not comply, the
report shall indicate what actions need to be taken to bring
each facility into compliance.
(Source: P.A. 86-922; 86-1013; 86-1475.)
(20 ILCS 1705/15) (from Ch. 91 1/2, par. 100-15)
Sec. 15. Before any person is released from a facility
operated by the State pursuant to an absolute discharge or a
conditional discharge from hospitalization under this Act,
the facility director of the facility in which such person is
hospitalized shall determine that such person is not
currently in need of hospitalization and:
(a) is able to live independently in the community;
or
(b) requires further oversight and supervisory care
for which arrangements have been made with responsible
relatives or supervised residential program approved by
the Department; or
(c) requires further personal care or general
oversight as defined by the Nursing Home Care Act, for
which placement arrangements have been made with a
suitable family home or other licensed facility approved
by the Department under this Section; or
(d) requires community mental health services for
which arrangements have been made with a community mental
health provider in accordance with criteria, standards,
and procedures promulgated by rule.
Such determination shall be made in writing and shall
become a part of the facility record of such absolutely or
conditionally discharged person. When the determination
indicates that the condition of the person to be granted an
absolute discharge or a conditional discharge is described
under subparagraph (c) or (d) of this Section, the name and
address of the continuing care facility or home to which such
person is to be released shall be entered in the facility
record. Where a discharge from a mental health facility is
made under subparagraph (c), the Department shall assign the
person so discharged to an existing community based
not-for-profit agency for participation in day activities
suitable to the person's needs, such as but not limited to
social and vocational rehabilitation, and other recreational,
educational and financial activities unless the community
based not-for-profit agency is unqualified to accept such
assignment. Where the clientele of any not-for-profit agency
increases as a result of assignments under this amendatory
Act of 1977 by more than 3% over the prior year, the
Department shall fully reimburse such agency for the costs of
providing services to such persons in excess of such 3%
increase. The Department shall keep written records detailing
how many persons have been assigned to a community based
not-for-profit agency and how many persons were not so
assigned because the community based agency was unable to
accept the assignments, in accordance with criteria,
standards, and procedures promulgated by rule. Whenever a
community based agency is found to be unable to accept the
assignments, the name of the agency and the reason for the
finding shall be included in the report.
Insofar as desirable in the interests of the former
recipient, the facility, program or home in which the
discharged person is to be placed shall be located in or near
the community in which the person resided prior to
hospitalization or in the community in which the person's
family or nearest next of kin presently reside. Placement of
the discharged person in facilities, programs or homes
located outside of this State shall not be made by the
Department unless there are no appropriate facilities,
programs or homes available within this State. Out-of-state
placements shall be subject to return of recipients so placed
upon the availability of facilities, programs or homes within
this State to accommodate these recipients, except where
placement in a contiguous state results in locating a
recipient in a facility or program closer to the recipient's
home or family. If an appropriate facility or program
becomes available equal to or closer to the recipient's home
or family, the recipient shall be returned to and placed at
the appropriate facility or program within this State.
To place any person who is under a program of the
Department at board in a suitable family home or in such
other facility or program as the Department may consider
desirable. The Department may place in licensed nursing
homes, sheltered care homes, or homes for the aged those
persons whose behavioral manifestations and medical and
nursing care needs are such as to be substantially
indistinguishable from persons already living in such
facilities. Prior to any placement by the Department under
this Section, a determination shall be made by the personnel
of the Department, as to the capability and suitability of
such facility to adequately meet the needs of the person to
be discharged. When specialized programs are necessary in
order to enable persons in need of supervised living to
develop and improve in the community, the Department shall
place such persons only in specialized residential care
facilities which shall meet Department standards including
restricted admission policy, special staffing and programming
for social and vocational rehabilitation, in addition to the
requirements of the appropriate State licensing agency. The
Department shall not place any new person in a facility the
license of which has been revoked or not renewed on grounds
of inadequate programming, staffing, or medical or adjunctive
services, regardless of the pendency of an action for
administrative review regarding such revocation or failure to
renew. Before the Department may transfer any person to a
licensed nursing home, sheltered care home or home for the
aged or place any person in a specialized residential care
facility the Department shall notify the person to be
transferred, or a responsible relative of such person, in
writing, at least 30 days before the proposed transfer, with
respect to all the relevant facts concerning such transfer,
except in cases of emergency when such notice is not
required. If either the person to be transferred or a
responsible relative of such person objects to such transfer,
in writing to the Department, at any time after receipt of
notice and before the transfer, the facility director of the
facility in which the person was a recipient shall
immediately schedule a hearing at the facility with the
presence of the facility director, the person who objected to
such proposed transfer, and a psychiatrist who is familiar
with the record of the person to be transferred. Such person
to be transferred or a responsible relative may be
represented by such counsel or interested party as he may
appoint, who may present such testimony with respect to the
proposed transfer. Testimony presented at such hearing shall
become a part of the facility record of the
person-to-be-transferred. The record of testimony shall be
held in the person-to-be-transferred's record in the central
files of the facility. If such hearing is held a transfer may
only be implemented, if at all, in accordance with the
results of such hearing. Within 15 days after such hearing
the facility director shall deliver his findings based on the
record of the case and the testimony presented at the
hearing, by registered or certified mail, to the parties to
such hearing. The findings of the facility director shall be
deemed a final administrative decision of the Department. For
purposes of this Section, "case of emergency" means those
instances in which the health of the person to be transferred
is imperiled and the most appropriate mental health care or
medical care is available at a licensed nursing home,
sheltered care home or home for the aged or a specialized
residential care facility.
Prior to placement of any person in a facility under this
Section the Department shall ensure that an appropriate
training plan for staff is provided by the facility. Said
training may include instruction and demonstration by
Department personnel qualified in the area of mental illness
or mental retardation, as applicable to the person to be
placed. Training may be given both at the facility from
which the recipient is transferred and at the facility
receiving the recipient, and may be available on a continuing
basis subsequent to placement. In a facility providing
services to former Department recipients, training shall be
available as necessary for facility staff. Such training
will be on a continuing basis as the needs of the facility
and recipients change and further training is required.
The Department shall not place any person in a facility
which does not have appropriately trained staff in sufficient
numbers to accommodate the recipient population already at
the facility. As a condition of further or future placements
of persons, the Department shall require the employment of
additional trained staff members at the facility where said
persons are to be placed. The Secretary, or his or her
designate, shall establish written guidelines for placement
of persons in facilities under this Act. The Department shall
keep written records detailing which facilities have been
determined to have staff who have been appropriately trained
by the Department and all training which it has provided or
required under this Section.
Bills for the support for a person boarded out shall be
payable monthly out of the proper maintenance funds and shall
be audited as any other accounts of the Department. If a
person is placed in a facility or program outside the
Department, the Department may pay the actual costs of
residence, treatment or maintenance in such facility and may
collect such actual costs or a portion thereof from the
recipient or the estate of a person placed in accordance with
this Section.
Other than those placed in a family home the Department
shall cause all persons who are placed in a facility, as
defined by the Nursing Home Care Act, or in designated
community living situations or programs, to be visited at
least once during the first month following placement, and
once every month thereafter for the first year following
placement when indicated, but at least quarterly. After the
first year, the Department shall determine at what point the
appropriate licensing entity for the facility or designated
community living situation or program will assume the
responsibility of ensuring that appropriate services are
being provided to the resident. Once that responsibility is
assumed, the Department may discontinue such visits. If a
long term care facility has periodic care plan conferences,
the visitor may participate in those conferences, if such
participation is approved by the resident or the resident's
guardian. Visits shall be made by qualified and trained
Department personnel, or their designee, in the area of
mental health or developmental disabilities applicable to the
person visited, and shall be made on a more frequent basis
when indicated. The Department may not use as designee any
personnel connected with or responsible to the
representatives of any facility in which persons who have
been transferred under this Section are placed. In the
course of such visit there shall be consideration of the
following areas, but not limited thereto: effects of
transfer on physical and mental health of the person,
sufficiency of nursing care and medical coverage required by
the person, sufficiency of staff personnel and ability to
provide basic care for the person, social, recreational and
programmatic activities available for the person, and other
appropriate aspects of the person's environment.
A report containing the above observations shall be made
to the Department, to the licensing agency, and to any other
appropriate agency subsequent to each visitation. The report
shall contain recommendations to improve the care and
treatment of the resident, as necessary, which shall be
reviewed by the facility's interdisciplinary team and the
resident or the resident's legal guardian. At the conclusion
of one year following absolute or conditional discharge, or a
longer period of time if required by the Department, the
Department may terminate the visitation requirements of this
Section as to a person placed in accordance with this
Section, by filing a written statement of termination setting
forth reasons to substantiate the termination of visitations
in the person's file, and sending a copy thereof to the
person, and to his guardian or next of kin.
Upon the complaint of any person placed in accordance
with this Section or any responsible citizen or upon
discovery that such person has been abused, neglected, or
improperly cared for, or that the placement does not provide
the type of care required by the recipient's current
condition, the Department immediately shall investigate, and
determine if the well-being, health, care, or safety of any
person is affected by any of the above occurrences, and if
any one of the above occurrences is verified, the Department
shall remove such person at once to a facility of the
Department or to another facility outside the Department,
provided such person's needs can be met at said facility.
The Department may also provide any person placed in
accordance with this Section who is without available funds,
and who is permitted to engage in employment outside the
facility, such sums for the transportation, and other
expenses as may be needed by him until he receives his wages
for such employment.
The Department shall promulgate rules and regulations
governing the purchase of care for persons who are wards of
or who are receiving services from the Department. Such
rules and regulations shall apply to all monies expended by
any agency of the State of Illinois for services rendered by
any person, corporate entity, agency, governmental agency or
political subdivision whether public or private outside of
the Department whether payment is made through a contractual,
per-diem or other arrangement. No funds shall be paid to any
person, corporation, agency, governmental entity or political
subdivision without compliance with such rules and
regulations.
The rules and regulations governing purchase of care
shall describe categories and types of service deemed
appropriate for purchase by the Department.
Any provider of services under this Act may elect to
receive payment for those services, and the Department is
authorized to arrange for that payment, by means of direct
deposit transmittals to the service provider's account
maintained at a bank, savings and loan association, or other
financial institution. The financial institution shall be
approved by the Department, and the deposits shall be in
accordance with rules and regulations adopted by the
Department.
(Source: P.A. 89-507, eff. 7-1-97; 90-423, eff. 8-15-97.)
Section 10. The Abused and Neglected Long Term Care
Facility Residents Reporting Act is amended by changing
Sections 6.2, 6.3, 6.4, 6.5, 6.6, 6.7, and 6.8 as follows:
(210 ILCS 30/6.2) (from Ch. 111 1/2, par. 4166.2)
(Section scheduled to be repealed on January 1, 2004)
Sec. 6.2. Inspector General.
(a) The Governor shall appoint, and the Senate shall
confirm, an Inspector General. The Inspector General shall
be appointed for a term of 4 years and who shall function
within the Department of Human Services and report to the
Secretary of Human Services and the Governor. The Inspector
General shall function independently within the Department of
Human Services with respect to the operations of the office,
including the performance of investigations and issuance of
findings and recommendations. The appropriation for the
Office of Inspector General shall be separate from the
overall appropriation for the Department of Human Services.
The Inspector General shall investigate reports of suspected
abuse or neglect (as those terms are defined in Section 3 of
this Act) of patients or residents in any mental health or
developmental disabilities facility operated by the
Department of Human Services and shall have authority to
investigate and take immediate action on reports of abuse or
neglect of recipients, whether patients or residents, in any
mental health or developmental disabilities facility or
program that is licensed or certified by the Department of
Human Services (as successor to the Department of Mental
Health and Developmental Disabilities) or that is funded by
the Department of Human Services (as successor to the
Department of Mental Health and Developmental Disabilities)
and is not licensed or certified by any agency of the State.
At the specific, written request of an agency of the State
other than the Department of Human Services (as successor to
the Department of Mental Health and Developmental
Disabilities), the Inspector General may cooperate in
investigating reports of abuse and neglect of persons with
mental illness or persons with developmental disabilities.
The Inspector General shall have no supervision over or
involvement in routine, programmatic, licensure, or
certification operations of the Department of Human Services
or any of its funded agencies.
The Inspector General shall promulgate rules establishing
minimum requirements for reporting allegations of abuse and
neglect and initiating, conducting, and completing
investigations. The promulgated rules shall clearly set
forth that in instances where 2 or more State agencies could
investigate an allegation of abuse or neglect, the Inspector
General shall not conduct an investigation that is redundant
to an investigation conducted by another State agency. The
rules shall establish criteria for determining, based upon
the nature of the allegation, the appropriate method of
investigation, which may include, but need not be limited to,
site visits, telephone contacts, or requests for written
responses from agencies. The rules shall also clarify how the
Office of the Inspector General shall interact with the
licensing unit of the Department of Human Services in
investigations of allegations of abuse or neglect. Any
allegations or investigations of reports made pursuant to
this Act shall remain confidential until a final report is
completed. The resident or patient who allegedly was abused
or neglected and his or her legal guardian shall be informed
by the facility or agency of the report of alleged abuse or
neglect. Final reports regarding unsubstantiated or unfounded
allegations shall remain confidential, except that final
reports may be disclosed pursuant to Section 6 of this Act.
The Inspector General shall be appointed for a term of 4
years.
When the Office of the Inspector General has
substantiated a case of abuse or neglect, the Inspector
General shall include in the final report any mitigating or
aggravating circumstances that were identified during the
investigation. Upon determination that a report of neglect
is substantiated, the Inspector General shall then determine
whether such neglect rises to the level of egregious neglect.
(b) The Inspector General shall within 24 hours after
receiving a report of suspected abuse or neglect determine
whether the evidence indicates that any possible criminal act
has been committed. If he determines that a possible criminal
act has been committed, or that special expertise is required
in the investigation, he shall immediately notify the
Department of State Police. The Department of State Police
shall investigate any report indicating a possible murder,
rape, or other felony. All investigations conducted by the
Inspector General shall be conducted in a manner designed to
ensure the preservation of evidence for possible use in a
criminal prosecution.
(b-5) The Inspector General shall make a determination
to accept or reject a preliminary report of the investigation
of alleged abuse or neglect based on established
investigative procedures. Notice of the Inspector General's
determination must be given to the person who claims to be
the victim of the abuse or neglect, to the person or persons
alleged to have been responsible for abuse or neglect, and to
the facility or agency. The facility or agency or the person
or persons alleged to have been responsible for the abuse or
neglect and the person who claims to be the victim of the
abuse or neglect may request clarification or reconsideration
based on additional information. For cases where the
allegation of abuse or neglect is substantiated, the
Inspector General shall require the facility or agency to
submit a written response. The written response from a
facility or agency shall address in a concise and reasoned
manner the actions that the agency or facility will take or
has taken to protect the resident or patient from abuse or
neglect, prevent reoccurrences, and eliminate problems
identified and shall include implementation and completion
dates for all such action.
(c) The Inspector General shall, within 10 calendar days
after the transmittal date of a completed investigation where
abuse or neglect is substantiated or administrative action is
recommended, provide a complete report on the case to the
Secretary of Human Services and to the agency in which the
abuse or neglect is alleged to have happened. The complete
report shall include a written response from the agency or
facility operated by the State to the Inspector General that
addresses in a concise and reasoned manner the actions that
the agency or facility will take or has taken to protect the
resident or patient from abuse or neglect, prevent
reoccurrences, and eliminate problems identified and shall
include implementation and completion dates for all such
action. The Secretary of Human Services shall accept or
reject the response and establish how the Department will
determine whether the facility or program followed the
approved response. The Secretary may require Department
personnel to visit the facility or agency for training,
technical assistance, programmatic, licensure, or
certification purposes. Administrative action, including
sanctions, may be applied should the Secretary reject the
response or should the facility or agency fail to follow the
approved response. Within 30 days after the Secretary has
approved a response, the facility or agency making the
response shall provide an implementation report to the
Inspector General on the status of the corrective action
implemented. Within 60 days after the Secretary has approved
the response, the facility or agency shall send notice of the
completion of the corrective action or shall send an updated
implementation report. The facility or agency shall continue
sending updated implementation reports every 60 days until
the facility or agency sends a notice of the completion of
the corrective action. The Inspector General shall review any
implementation plan that takes more than 120 days. The
Inspector General shall monitor compliance through a random
review of completed corrective actions. This monitoring may
include, but need not be limited to, site visits, telephone
contacts, or requests for written documentation from the
facility or agency to determine whether the facility or
agency is in compliance with the approved response. The
facility or agency shall inform the resident or patient and
the legal guardian whether the reported allegation was
substantiated, unsubstantiated, or unfounded. There shall be
an appeals process for any person or agency that is subject
to any action based on a recommendation or recommendations.
(d) The Inspector General may recommend to the
Departments of Public Health and Human Services sanctions to
be imposed against mental health and developmental
disabilities facilities under the jurisdiction of the
Department of Human Services for the protection of residents,
including appointment of on-site monitors or receivers,
transfer or relocation of residents, and closure of units.
The Inspector General may seek the assistance of the Attorney
General or any of the several State's attorneys in imposing
such sanctions. Whenever the Inspector General issues any
recommendations to the Secretary of Human Services, the
Secretary shall provide a written response.
(e) The Inspector General shall establish and conduct
periodic training programs for Department of Human Services
employees concerning the prevention and reporting of neglect
and abuse.
(f) The Inspector General shall at all times be granted
access to any mental health or developmental disabilities
facility operated by the Department of Human Services, shall
establish and conduct unannounced site visits to those
facilities at least once annually, and shall be granted
access, for the purpose of investigating a report of abuse or
neglect, to the records of the Department of Human Services
and to any facility or program funded by the Department of
Human Services that is subject under the provisions of this
Section to investigation by the Inspector General for a
report of abuse or neglect.
(g) Nothing in this Section shall limit investigations
by the Department of Human Services that may otherwise be
required by law or that may be necessary in that Department's
capacity as the central administrative authority responsible
for the operation of State mental health and developmental
disability facilities.
(g-5) After notice and an opportunity for a hearing that
is separate and distinct from the Office of the Inspector
General's appeals process as implemented under subsection (c)
of this Section, the Inspector General shall report to the
Department of Public Health's nurse aide registry under
Section 3-206.01 of the Nursing Home Care Act the identity of
individuals against whom there has been a substantiated
finding of physical or sexual abuse or egregious neglect of a
service recipient.
Nothing in this subsection shall diminish or impair the
rights of a person who is a member of a collective bargaining
unit pursuant to the Illinois Public Labor Relations Act or
pursuant to any federal labor statute. An individual who is a
member of a collective bargaining unit as described above
shall not be reported to the Department of Public Health's
nurse aide registry until the exhaustion of that individual's
grievance and arbitration rights, or until 3 months after the
initiation of the grievance process, whichever occurs first,
provided that the Department of Human Services' hearing under
subsection (c), that is separate and distinct from the Office
of the Inspector General's appeals process, has concluded.
Notwithstanding anything hereinafter or previously provided,
if an action taken by an employer against an individual as a
result of the circumstances that led to a finding of physical
or sexual abuse or egregious neglect is later overturned
under a grievance or arbitration procedure provided for in
Section 8 of the Illinois Public Labor Relations Act or under
a collective bargaining agreement, the report must be removed
from the registry.
The Department of Human Services shall promulgate or
amend rules as necessary or appropriate to establish
procedures for reporting to the registry, including the
definition of egregious neglect, procedures for notice to the
individual and victim, appeal and hearing procedures, and
petition for removal of the report from the registry. The
portion of the rules pertaining to hearings shall provide
that, at the hearing, both parties may present written and
oral evidence. The Department shall be required to establish
by a preponderance of the evidence that the Office of the
Inspector General's finding of physical or sexual abuse or
egregious neglect warrants reporting to the Department of
Public Health's nurse aide registry under Section 3-206.01 of
the Nursing Home Care Act.
Notice to the individual shall include a clear and
concise statement of the grounds on which the report to the
registry is based and notice of the opportunity for a hearing
to contest the report. The Department of Human Services shall
provide the notice by certified mail to the last known
address of the individual. The notice shall give the
individual an opportunity to contest the report in a hearing
before the Department of Human Services or to submit a
written response to the findings instead of requesting a
hearing. If the individual does not request a hearing or if
after notice and a hearing the Department of Human Services
finds that the report is valid, the finding shall be included
as part of the registry, as well as a brief statement from
the reported individual if he or she chooses to make a
statement. The Department of Public Health shall make
available to the public information reported to the registry.
In a case of inquiries concerning an individual listed in the
registry, any information disclosed concerning a finding of
abuse or neglect shall also include disclosure of the
individual's brief statement in the registry relating to the
reported finding or include a clear and accurate summary of
the statement.
At any time after the report of the registry, an
individual may petition the Department of Human Services for
removal from the registry of the finding against him or her.
Upon receipt of such a petition, the Department of Human
Services shall conduct an investigation and hearing on the
petition. Upon completion of the investigation and hearing,
the Department of Human Services shall report the removal of
the finding to the registry unless the Department of Human
Services determines that removal is not in the public
interest.
(h) This Section is repealed on January 1, 2004.
(Source: P.A. 91-169, eff. 7-16-99; 92-358, eff. 8-15-01;
92-473, eff. 1-1-02; 92-651, eff. 7-11-02.)
(210 ILCS 30/6.3) (from Ch. 111 1/2, par. 4166.3)
(Section scheduled to be repealed on January 1, 2004)
Sec. 6.3. Quality Care Board. There is created, within
the Department of Human Services' Office of the Inspector
General, a Quality Care Board to be composed of 7 members
appointed by the Governor with the advice and consent of the
Senate. One of the members shall be designated as chairman
by the Governor. Of the initial appointments made by the
Governor, 4 Board members shall each be appointed for a term
of 4 years and 3 members shall each be appointed for a term
of 2 years. Upon the expiration of each member's term, a
successor shall be appointed for a term of 4 years. In the
case of a vacancy in the office of any member, the Governor
shall appoint a successor for the remainder of the unexpired
term.
Members appointed by the Governor shall be qualified by
professional knowledge or experience in the area of law,
investigatory techniques, or in the area of care of the
mentally ill or developmentally disabled. Two members
appointed by the Governor shall be persons with a disability
or a parent of a person with a disability. Members shall
serve without compensation, but shall be reimbursed for
expenses incurred in connection with the performance of their
duties as members.
The Board shall meet quarterly, and may hold other
meetings on the call of the chairman. Four members shall
constitute a quorum. The Board may adopt rules and
regulations it deems necessary to govern its own procedures.
This Section is repealed on January 1, 2004.
(Source: P.A. 91-169, eff. 7-16-99; 92-358, eff. 8-15-01.)
(210 ILCS 30/6.4) (from Ch. 111 1/2, par. 4166.4)
(Section scheduled to be repealed on January 1, 2004)
Sec. 6.4. Scope and function of the Quality Care Board.
The Board shall monitor and oversee the operations, policies,
and procedures of the Inspector General to assure the prompt
and thorough investigation of allegations of neglect and
abuse. In fulfilling these responsibilities, the Board may
do the following:
(1) Provide independent, expert consultation to the
Inspector General on policies and protocols for
investigations of alleged neglect and abuse.
(2) Review existing regulations relating to the
operation of facilities under the control of the
Department of Human Services.
(3) Advise the Inspector General as to the content
of training activities authorized under Section 6.2.
(4) Recommend policies concerning methods for
improving the intergovernmental relationships between the
office of the Inspector General and other State or
federal agencies.
This Section is repealed on January 1, 2004.
(Source: P.A. 91-169, eff. 7-16-99; 92-358, eff. 8-15-01.)
(210 ILCS 30/6.5) (from Ch. 111 1/2, par. 4166.5)
(Section scheduled to be repealed on January 1, 2004)
Sec. 6.5. Investigators. Within 60 days after the
effective date of this amendatory Act of 1992, The Inspector
General shall establish a comprehensive program to ensure
that every person employed or newly hired to conduct
investigations shall receive training on an on-going basis
concerning investigative techniques, communication skills,
and the appropriate means of contact with persons admitted or
committed to the mental health or developmental disabilities
facilities under the jurisdiction of the Department of Human
Services.
This Section is repealed on January 1, 2004.
(Source: P.A. 91-169, eff. 7-16-99; 92-358, eff. 8-15-01.)
(210 ILCS 30/6.6) (from Ch. 111 1/2, par. 4166.6)
(Section scheduled to be repealed on January 1, 2004)
Sec. 6.6. Subpoenas; testimony; penalty. The Inspector
General shall have the power to subpoena witnesses and compel
the production of books and papers pertinent to an
investigation authorized by this Act, provided that the power
to subpoena or to compel the production of books and papers
shall not extend to the person or documents of a labor
organization or its representatives insofar as the person or
documents of a labor organization relate to the function of
representing an employee subject to investigation under this
Act. Mental health records of patients shall be confidential
as provided under the Mental Health and Developmental
Disabilities Confidentiality Act. Any person who fails to
appear in response to a subpoena or to answer any question or
produce any books or papers pertinent to an investigation
under this Act, except as otherwise provided in this Section,
or who knowingly gives false testimony in relation to an
investigation under this Act is guilty of a Class A
misdemeanor.
This Section is repealed on January 1, 2004.
(Source: P.A. 91-169, eff. 7-16-99; 92-358, eff. 8-15-01.)
(210 ILCS 30/6.7) (from Ch. 111 1/2, par. 4166.7)
(Section scheduled to be repealed on January 1, 2004)
Sec. 6.7. Annual report. The Inspector General shall
provide to the General Assembly and the Governor, no later
than January 1 of each year, a summary of reports and
investigations made under this Act for the prior fiscal year
with respect to residents of institutions under the
jurisdiction of the Department of Human Services. The report
shall detail the imposition of sanctions and the final
disposition of those recommendations. The summaries shall
not contain any confidential or identifying information
concerning the subjects of the reports and investigations.
The report shall also include a trend analysis of the number
of reported allegations and their disposition, for each
facility and Department-wide, for the most recent 3-year time
period and a statement, for each facility, of the
staffing-to-patient ratios. The ratios shall include only
the number of direct care staff. The report shall also
include detailed recommended administrative actions and
matters for consideration by the General Assembly.
This Section is repealed on January 1, 2004.
(Source: P.A. 91-169, eff. 7-16-99; 92-358, eff. 8-15-01.)
(210 ILCS 30/6.8) (from Ch. 111 1/2, par. 4166.8)
(Section scheduled to be repealed on January 1, 2004)
Sec. 6.8. Program audit. The Auditor General shall
conduct a biennial program audit of the office of the
Inspector General in relation to the Inspector General's
compliance with this Act. The audit shall specifically
include the Inspector General's effectiveness in
investigating reports of alleged neglect or abuse of
residents in any facility operated by the Department of Human
Services and in making recommendations for sanctions to the
Departments of Human Services and Public Health. The Auditor
General shall conduct the program audit according to the
provisions of the Illinois State Auditing Act and shall
report its findings to the General Assembly no later than
January 1 of each odd-numbered year.
This Section is repealed on January 1, 2004.
(Source: P.A. 91-169, eff. 7-16-99; 92-358, eff. 8-15-01.).
Section 15. The Nursing Home Care Act is amended by
changing Sections 2-106 and 2-106.1 as follows:
(210 ILCS 45/2-106) (from Ch. 111 1/2, par. 4152-106)
Sec. 2-106. (a) For purposes of this Act, (i) a physical
restraint is any manual method or physical or mechanical
device, material, or equipment attached or adjacent to a
resident's body that the resident cannot remove easily and
restricts freedom of movement or normal access to one's body.
Devices used for positioning, including but not limited to
bed rails, gait belts, and cushions, shall not be considered
to be restraints for purposes of this Section; (ii) a
chemical restraint is any drug used for discipline or
convenience and not required to treat medical symptoms. The
Department shall by rule, designate certain devices as
restraints, including at least all those devices which have
been determined to be restraints by the United States
Department of Health and Human Services in interpretive
guidelines issued for the purposes of administering Titles 18
and 19 of the Social Security Acts.
(b) Neither restraints nor confinements shall be
employed for the purpose of punishment or for the convenience
of any facility personnel. No restraints or confinements
shall be employed except as ordered by a physician who
documents the need for such restraints or confinements in the
resident's clinical record. Each facility licensed under
this Act must have a written policy to address the use of
restraints and seclusion. The Department shall establish by
rule the provisions that the policy must include, which, to
the extent practicable, should be consistent with the
requirements for participation in the federal Medicare
program. Each policy shall include periodic review of the
use of restraints.
(c) A restraint may be used only with the informed
consent of the resident, the resident's guardian, or other
authorized representative. A restraint may be used only for
specific periods, if it is the least restrictive means
necessary to attain and maintain the resident's highest
practicable physical, mental or psychosocial well-being,
including brief periods of time to provide necessary
life-saving treatment. A restraint may be used only after
consultation with appropriate health professionals, such as
occupational or physical therapists, and a trial of less
restrictive measures has led to the determination that the
use of less restrictive measures would not attain or maintain
the resident's highest practicable physical, mental or
psychosocial well-being. However, if the resident needs
emergency care, restraints may be used for brief periods to
permit medical treatment to proceed unless the facility has
notice that the resident has previously made a valid refusal
of the treatment in question.
(d) A restraint may be applied only by a person trained
in the application of the particular type of restraint.
(e) Whenever a period of use of a restraint is
initiated, the resident shall be advised of his or her right
to have a person or organization of his or her choosing,
including the Guardianship and Advocacy Commission, notified
of the use of the restraint. A recipient who is under
guardianship may request that a person or organization of his
or her choosing be notified of the restraint, whether or not
the guardian approves the notice. If the resident so
chooses, the facility shall make the notification within 24
hours, including any information about the period of time
that the restraint is to be used. Whenever the Guardianship
and Advocacy Commission is notified that a resident has been
restrained, it shall contact the resident to determine the
circumstances of the restraint and whether further action is
warranted.
(f) Whenever a restraint is used on a resident whose
primary mode of communication is sign language, the resident
shall be permitted to have his or her hands free from
restraint for brief periods each hour, except when this
freedom may result in physical harm to the resident or
others.
(g) The requirements of this Section are intended to
control in any conflict with the requirements of Sections
1-126 and 2-108 of the Mental Health and Developmental
Disabilities Code.
(Source: P.A. 88-413.)
(210 ILCS 45/2-106.1)
Sec. 2-106.1. Drug treatment.
(a) A resident shall not be given unnecessary drugs. An
unnecessary drug is any drug used in an excessive dose,
including in duplicative therapy; for excessive duration;
without adequate monitoring; without adequate indications for
its use; or in the presence of adverse consequences that
indicate the drugs should be reduced or discontinued. The
Department shall adopt, by rule, the standards for
unnecessary drugs contained in interpretive guidelines issued
by the United States Department of Health and Human Services
for the purposes of administering titles 18 and 19 of the
Social Security Act.
(b) Psychotropic medication shall not be prescribed
without the informed consent of the resident, the resident's
guardian, or other authorized representative. "Psychotropic
medication" means medication that is used for or listed as
used for antipsychotic, antidepressant, antimanic, or
antianxiety behavior modification or behavior management
purposes in the latest editions of the AMA Drug Evaluations
or the Physician's Desk Reference.
(c) The requirements of this Section are intended to
control in a conflict with the requirements of Sections 2-102
1-102 and 2-107.2 of the Mental Health and Developmental
Disabilities Code with respect to the administration of
psychotropic medication.
(Source: P.A. 88-413.)
Section 99. Effective date. This Section, Section 10,
the changes to Sections 6.2, 6.3, 6.4, 6.5, 6.6, 6.7, and 6.8
of the Abused and Neglected Long Term Care Facility Residents
Reporting Act, and the changes to Section 3-203 of the
Nursing Home Care Act take effect upon becoming law.
INDEX
Statutes amended in order of appearance
SEE INDEX
20 ILCS 1705/4 from Ch. 91 1/2, par. 100-4
20 ILCS 1705/7 from Ch. 91 1/2, par. 100-7
20 ILCS 1705/15 from Ch. 91 1/2, par. 100-15
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
210 ILCS 30/6.8 from Ch. 111 1/2, par. 4166.8
210 ILCS 45/2-106 from Ch. 111 1/2, par. 4152-106
210 ILCS 45/2-106.1
210 ILCS 85/6.20
225 ILCS 65/5-10
Effective Date: 12/31/03