Public Act 90-0252 of the 90th General Assembly
Public Act 90-0252
HB1446 Enrolled LRB9000069LDdvC
AN ACT to amend the Abused and Neglected Long Term Care
Facility Residents Reporting Act by changing Section 6.2.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Abused and Neglected Long Term Care
Facility Residents Reporting Act is amended by changing
Section 6.2 as follows:
(210 ILCS 30/6.2) (from Ch. 111 1/2, par. 4166.2)
(Section scheduled to be repealed on January 1, 2000)
(Text of Section in effect until July 1, 1997)
Sec. 6.2. Inspector General.
(a) The Governor shall appoint, and the Senate shall
confirm, an Inspector General who shall function within the
Department of Mental Health and Developmental Disabilities
and report to the Director. 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 facility operated by the Department of
Mental Health and Developmental Disabilities and shall have
authority to investigate and take immediate action on reports
of abuse or neglect of recipients, whether patients or
residents, in any facility or program that is licensed or
certified by the Department of Mental Health and
Developmental Disabilities or that is funded by 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 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 Mental Health
and Developmental Disabilities 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 Mental Health and
Developmental Disabilities 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.
(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. The facility or agency 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
Director of Mental Health and Developmental Disabilities 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 Director of Mental
Health and Developmental Disabilities shall accept or reject
the response and establish how the Department will determine
whether the facility or program followed the approved
response. The Director 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 Director reject the response or should the
facility or agency fail to follow 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 Mental Health and
Developmental Disabilities sanctions to be imposed against
facilities under the jurisdiction of the Department of Mental
Health and Developmental Disabilities 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.
(e) The Inspector General shall establish and conduct
periodic training programs for Department employees
concerning the prevention and reporting of neglect and abuse.
(f) The Inspector General shall at all times be granted
access to any facility operated by the Department, 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 any facility or program funded by the Department
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 Mental Health and Developmental
Disabilities 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.
(h) This Section is repealed on January 1, 2000.
(Source: P.A. 89-427, eff. 12-7-95.)
(Text of Section taking effect July 1, 1997)
Sec. 6.2. Inspector General.
(a) The Governor shall appoint, and the Senate shall
confirm, an Inspector General who shall function within the
Department of Human Services and report to the Secretary 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.
(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. The facility or agency 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. 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.
(e) The Inspector General shall establish and conduct
periodic training programs for Department 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, 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 any
facility or program funded by the Department 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.
(h) This Section is repealed on January 1, 2000.
(Source: P.A. 89-427, eff. 12-7-95; 89-507, eff. 7-1-97.)
Section 99. Effective date. This Act takes effect upon
becoming law.