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| Public Act 095-0402 |
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AN ACT concerning aging.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Elder Abuse and Neglect Act is amended by | ||||
adding Section 15 as follows: | ||||
(320 ILCS 20/15 new) | ||||
Sec. 15. Elder abuse fatality review teams. | ||||
(a) In this Section, "review team" means a regional | ||||
interagency elder abuse fatality review team established under | ||||
this Section. | ||||
(b) The Department, or any other State or county agency | ||||
with Department approval, may establish regional interagency | ||||
elder abuse fatality review teams (i) to assist local agencies | ||||
in identifying and reviewing suspicious deaths of elderly | ||||
victims of alleged, suspected, or substantiated abuse or | ||||
neglect in domestic living situations and (ii) to facilitate | ||||
communications between officials responsible for autopsies and | ||||
inquests and persons involved in reporting or investigating | ||||
alleged or suspected cases of abuse, neglect, or financial | ||||
exploitation of persons 60 years of age or older. Each such | ||||
team shall be composed of representatives of entities and | ||||
individuals including, but not limited to, the Department on | ||||
Aging, coroners or medical examiners (or both), State's | ||||
Attorneys, local police departments, forensic units, and | ||
providers of services for persons 60 years of age or older in | ||
domestic living situations. | ||
(c) A review team shall review cases of deaths of persons | ||
60 years of age or older in domestic living situations (i) | ||
involving blunt force trauma or an undetermined manner or | ||
suspicious cause of death, (ii) if requested by the deceased's | ||
attending physician, (iii) upon referral by a health care | ||
provider, or (iv) constituting an open or closed case from a | ||
senior protective services agency, law enforcement agency, or | ||
State's Attorney's office that involves alleged or suspected | ||
abuse, neglect, or financial exploitation. A team may also | ||
review other cases of deaths of persons 60 years of age or | ||
older if the alleged abuse or neglect occurred while the person | ||
was residing in a domestic living situation. | ||
A review team shall meet not less than 6 times a year to | ||
discuss cases for its possible review. Each review team, with | ||
the advice and consent of the Department, shall establish | ||
criteria to be used by review teams in discussing cases of | ||
alleged, suspected, or substantiated abuse or neglect for | ||
review. | ||
(d) Any document or oral or written communication shared | ||
within or produced by a review team relating to a case | ||
discussed or reviewed by the review team is confidential and is | ||
not subject to disclosure to or discoverable by another party. | ||
Any document or oral or written communication provided to a | ||
review team by an individual or entity, and created by that | ||
individual or entity solely for the use of the review team, is | ||
confidential and is not subject to disclosure to or | ||
discoverable by another party. | ||
Each entity or individual represented on an elder abuse | ||
fatality review team may share with other members of the team | ||
information in the entity's or individual's possession | ||
concerning the decedent who is the subject of the review or | ||
concerning any person who was in contact with the decedent, as | ||
well as any other information deemed by the entity or | ||
individual to be pertinent to the review. Any such information | ||
shared by an entity or individual with other members of a team | ||
is confidential. The intent of this paragraph is to permit the | ||
disclosure to members of a team of any information deemed | ||
confidential or privileged or prohibited from disclosure by any | ||
other provision of law. Release of confidential communication | ||
between domestic violence advocates and a domestic violence | ||
victim shall follow subsection (d) of Section 227 of the | ||
Illinois Domestic Violence Act of 1986 which allows for the | ||
waiver of privilege afforded to guardians, executors, or | ||
administrators of the estate of the domestic violence victim. | ||
This provision relating to the release of confidential | ||
communication between domestic violence advocates and a | ||
domestic violence victim shall exclude adult protective | ||
service providers.
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A coroner's or medical examiner's office may share with a | ||
review team medical records that have been made available to | ||
the coroner's or medical examiner's office in connection with | ||
that office's investigation of a death. | ||
(e) A review team's recommendation in relation to a case | ||
discussed or reviewed by the review team, including, but not | ||
limited to, a recommendation concerning an investigation or | ||
prosecution in relation to such a case, may be disclosed by the | ||
review team upon the completion of its review and at the | ||
discretion of a majority of its members who reviewed the case. | ||
(f) The Department, in consultation with coroners, medical | ||
examiners, and law enforcement agencies, shall use aggregate | ||
data gathered by review teams and review teams' recommendations | ||
to create an annual report and may use those data and | ||
recommendations to develop education, prevention, prosecution, | ||
or other strategies designed to improve the coordination of | ||
services for persons 60 years of age or older and their | ||
families. The Department or other State or county agency, in | ||
consultation with coroners, medical examiners, and law | ||
enforcement agencies, also may use aggregate data gathered by | ||
review teams to create a database of at-risk individuals.
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