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92nd General Assembly

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Public Act 92-0358

HB3003 Enrolled                                LRB9200950ARcd

    AN ACT regarding abused and neglected residents  of  long
term care facilities.

    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
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    (Section scheduled to be repealed on January 1, 2002)
    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 and the Governor.  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, 2004 2002.
(Source: P.A. 90-252, eff.  7-29-97;  90-512,  eff.  8-22-97;
90-655, eff. 7-30-98; 91-169, eff. 7-16-99.)

    (210 ILCS 30/6.3) (from Ch. 111 1/2, par. 4166.3)
    (Section scheduled to be repealed on January 1, 2002)
    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 2002.
(Source: P.A. 91-169, eff. 7-16-99.)

    (210 ILCS 30/6.4) (from Ch. 111 1/2, par. 4166.4)
    (Section scheduled to be repealed on January 1, 2002)
    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.
         (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 2002.
(Source: P.A. 91-169, eff. 7-16-99.)

    (210 ILCS 30/6.5) (from Ch. 111 1/2, par. 4166.5)
    (Section scheduled to be repealed on January 1, 2002)
    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 2002.
(Source: P.A. 91-169, eff. 7-16-99.)

    (210 ILCS 30/6.6) (from Ch. 111 1/2, par. 4166.6)
    (Section scheduled to be repealed on January 1, 2002)
    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 2002.
(Source: P.A. 91-169, eff. 7-16-99.)

    (210 ILCS 30/6.7) (from Ch. 111 1/2, par. 4166.7)
    (Section scheduled to be repealed on January 1, 2002)
    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.  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 2002.
(Source: P.A. 91-169, eff. 7-16-99.)

    (210 ILCS 30/6.8) (from Ch. 111 1/2, par. 4166.8)
    (Section scheduled to be repealed on January 1, 2002)
    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 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 2002.
(Source: P.A. 91-169, eff. 7-16-99.).

    Section   10.   The  Mental  Health   and   Developmental
Disabilities  Confidentiality  Act  is  amended  by  changing
Section 10 as follows:

    (740 ILCS 110/10) (from Ch. 91 1/2, par. 810)
    Sec.  10.   (a)  Except as provided herein, in any civil,
criminal, administrative, or legislative  proceeding,  or  in
any  proceeding  preliminary  thereto,  a  recipient,  and  a
therapist  on  behalf and in the interest of a recipient, has
the privilege to  refuse  to  disclose  and  to  prevent  the
disclosure of the recipient's record or communications.
         (1)  Records  and communications may be disclosed in
    a civil, criminal or administrative proceeding  in  which
    the  recipient  introduces  his  mental  condition or any
    aspect of his services received for such condition as  an
    element  of  his  claim  or  defense,  if and only to the
    extent the court  in  which  the  proceedings  have  been
    brought, or, in the case of an administrative proceeding,
    the  court  to which an appeal or other action for review
    of an administrative determination may be  taken,  finds,
    after   in  camera  examination  of  testimony  or  other
    evidence, that it  is  relevant,  probative,  not  unduly
    prejudicial   or   inflammatory,  and  otherwise  clearly
    admissible;   that   other   satisfactory   evidence   is
    demonstrably unsatisfactory  as  evidence  of  the  facts
    sought  to  be  established  by  such  evidence; and that
    disclosure  is  more  important  to  the   interests   of
    substantial  justice  than  protection from injury to the
    therapist-recipient relationship or to the  recipient  or
    other  whom  disclosure  is  likely to harm.  Except in a
    criminal  proceeding  in  which  the  recipient,  who  is
    accused  in  that  proceeding,  raises  the  defense   of
    insanity,  no record or communication between a therapist
    and a recipient shall be deemed relevant for purposes  of
    this  subsection,  except the fact of treatment, the cost
    of services and the ultimate diagnosis unless  the  party
    seeking   disclosure   of   the   communication   clearly
    establishes  in the trial court a compelling need for its
    production.  However, for purposes of this  Act,  in  any
    action  brought  or  defended under the Illinois Marriage
    and Dissolution of Marriage Act,  or  in  any  action  in
    which  pain  and  suffering  is  an element of the claim,
    mental condition shall not be  deemed  to  be  introduced
    merely  by  making  such  claim and shall be deemed to be
    introduced only if the recipient  or  a  witness  on  his
    behalf   first   testifies   concerning   the  record  or
    communication.
         (2)  Records or communications may be disclosed in a
    civil proceeding after the  recipient's  death  when  the
    recipient's   physical   or  mental  condition  has  been
    introduced as an element of a claim  or  defense  by  any
    party  claiming  or defending through or as a beneficiary
    of the recipient, provided  the  court  finds,  after  in
    camera  examination of the evidence, that it is relevant,
    probative, and otherwise clearly admissible;  that  other
    satisfactory  evidence  is  not  available  regarding the
    facts sought to be established by such evidence; and that
    disclosure  is  more  important  to  the   interests   of
    substantial justice than protection from any injury which
    disclosure is likely to cause.
         (3)  In the event of a claim made or an action filed
    by  a  recipient, or, following the recipient's death, by
    any party claiming as a beneficiary of the recipient  for
    injury caused in the course of providing services to such
    recipient,  the therapist and other persons whose actions
    are alleged to have been the cause of injury may disclose
    pertinent records and communications to  an  attorney  or
    attorneys  engaged  to render advice about and to provide
    representation in connection  with  such  matter  and  to
    persons working under the supervision of such attorney or
    attorneys,   and  may  testify  as  to  such  records  or
    communication  in   any   administrative,   judicial   or
    discovery  proceeding  for  the  purpose of preparing and
    presenting a defense against such claim or action.
         (4)  Records and communications  made  to  or  by  a
    therapist in the course of examination ordered by a court
    for  good  cause  shown  may,  if  otherwise relevant and
    admissible,  be  disclosed  in  a  civil,  criminal,   or
    administrative  proceeding  in  which  the recipient is a
    party or in appropriate  pretrial  proceedings,  provided
    such  court  has  found  that  the  recipient has been as
    adequately and as effectively as possible informed before
    submitting to such  examination  that  such  records  and
    communications  would  not  be considered confidential or
    privileged.  Such records  and  communications  shall  be
    admissible  only  as  to issues involving the recipient's
    physical or mental condition and only to the extent  that
    these are germane to such proceedings.
         (5)  Records  and communications may be disclosed in
    a proceeding under the Probate Act of 1975, to  determine
    a   recipient's  competency  or  need  for  guardianship,
    provided that the disclosure is made only with respect to
    that issue.
         (6)  Records and  communications  may  be  disclosed
    when  such  are made during treatment which the recipient
    is ordered to undergo to render him fit to stand trial on
    a criminal charge, provided that the disclosure  is  made
    only with respect to the issue of fitness to stand trial.
         (7)  Records and communications of the recipient may
    be  disclosed  in  any civil or administrative proceeding
    involving the validity  of  or  benefits  under  a  life,
    accident,   health  or  disability  insurance  policy  or
    certificate,  or  Health  Care  Service  Plan   Contract,
    insuring  the  recipient,  but  only if and to the extent
    that the recipient's mental condition,  or  treatment  or
    services  in  connection therewith, is a material element
    of any claim or  defense  of  any  party,  provided  that
    information  sought or disclosed shall not be redisclosed
    except  in  connection  with  the  proceeding  in   which
    disclosure is made.
         (8)  Records or communications may be disclosed when
    such  are  relevant  to  a  matter in issue in any action
    brought  under  this  Act  and  proceedings   preliminary
    thereto, provided that any information so disclosed shall
    not  be utilized for any other purpose nor be redisclosed
    except in connection  with  such  action  or  preliminary
    proceedings.
         (9)  Records and communications of the recipient may
    be disclosed in investigations of and trials for homicide
    when  the  disclosure  relates  directly  to  the fact or
    immediate circumstances of the homicide.
         (10)  Records  and  communications  of  a   deceased
    recipient  may  be  disclosed  to  a coroner conducting a
    preliminary  investigation  into  the  recipient's  death
    under Section 3-3013  of  the  Counties  Code.   However,
    records  and  communications  of  the  deceased recipient
    disclosed in an investigation shall be limited solely  to
    the   deceased  recipient's  records  and  communications
    relating to the factual  circumstances  of  the  incident
    being investigated in a mental health facility.
         (11)  Records  and  communications  of  a  recipient
    shall  be  disclosed  in a proceeding where a petition or
    motion is filed under the Juvenile Court Act of 1987  and
    the  recipient  is  named as a parent, guardian, or legal
    custodian of a minor who is the subject of a petition for
    wardship as described in Section 2-3 of  that  Act  or  a
    minor  who  is  the subject of a petition for wardship as
    described in Section 2-4 of that Act alleging  the  minor
    is  abused,  neglected,  or dependent or the recipient is
    named as a parent of a child who  is  the  subject  of  a
    petition,  supplemental  petition, or motion to appoint a
    guardian with the power  to  consent  to  adoption  under
    Section 2-29 of the Juvenile Court Act of 1987.
    (b)  Before  a  disclosure  is made under subsection (a),
any party to the proceeding or any  other  interested  person
may   request   an   in   camera  review  of  the  record  or
communications  to  be  disclosed.   The  court   or   agency
conducting the proceeding may hold an in camera review on its
own  motion.    When,  contrary  to  the  express wish of the
recipient, the therapist asserts a privilege on behalf and in
the interest of a recipient, the court may require  that  the
therapist, in an in camera hearing, establish that disclosure
is  not  in the best interest of the recipient.  The court or
agency may prevent disclosure  or  limit  disclosure  to  the
extent  that  other  admissible  evidence  is  sufficient  to
establish  the facts in issue.  The court or agency may enter
such orders as may be  necessary  in  order  to  protect  the
confidentiality,  privacy,  and safety of the recipient or of
other persons.  Any order to  disclose  or  to  not  disclose
shall  be considered a final order for purposes of appeal and
shall be subject to interlocutory appeal.
    (c)  A recipient's  records  and  communications  may  be
disclosed  to  a  duly  authorized  committee,  commission or
subcommittee of the General Assembly which possesses subpoena
and hearing powers, upon a  written  request  approved  by  a
majority  vote  of  the committee, commission or subcommittee
members.   The  committee,  commission  or  subcommittee  may
request records only for the  purposes  of  investigating  or
studying   possible  violations  of  recipient  rights.   The
request shall state  the  purpose  for  which  disclosure  is
sought.
    The facility shall notify the recipient, or his guardian,
and therapist in writing of any disclosure request under this
subsection  within  5 business days after such request.  Such
notification shall also inform the  recipient,  or  guardian,
and  therapist  of  their  right  to object to the disclosure
within 10 business days after receipt of the notification and
shall include the name, address and telephone number  of  the
committee,  commission or subcommittee member or staff person
with whom an objection shall be filed.  If no  objection  has
been  filed  within  15  business  days after the request for
disclosure, the  facility  shall  disclose  the  records  and
communications  to the committee, commission or subcommittee.
If an objection has been filed within 15 business days  after
the  request  for disclosure, the facility shall disclose the
records  and  communications  only   after   the   committee,
commission  or  subcommittee  has  permitted  the  recipient,
guardian  or  therapist  to  present  his objection in person
before it and has renewed its request  for  disclosure  by  a
majority vote of its members.
    Disclosure  under  this  subsection shall not occur until
all  personally  identifiable  data  of  the  recipient   and
provider  are  removed  from  the records and communications.
Disclosure under this  subsection  shall  not  occur  in  any
public proceeding.
    (d)  No   party   to   any   proceeding  described  under
paragraphs (1), (2), (3), (4), (7), or (8) of subsection  (a)
of  this  Section,  nor  his  or  her attorney, shall serve a
subpoena   seeking   to   obtain   access   to   records   or
communications  under  this  Act  unless  the   subpoena   is
accompanied by a written order issued by a judge, authorizing
the  disclosure  of  the  records  or  the  issuance  of  the
subpoena.  No person shall comply with a subpoena for records
or communications under this  Act,  unless  the  subpoena  is
accompanied  by  a  written order authorizing the issuance of
the subpoena or the disclosure of the records.
    (e)  When a  person  has  been  transported  by  a  peace
officer to a mental health facility, then upon the request of
a peace officer, if the person is allowed to leave the mental
health   facility  within  48  hours  of  arrival,  excluding
Saturdays, Sundays, and holidays, the facility director shall
notify the local  law  enforcement  authority  prior  to  the
release  of  the person.  The local law enforcement authority
may re-disclose the information as  necessary  to  alert  the
appropriate enforcement or prosecuting authority.
    (f)  A  recipient's  records  and communications shall be
disclosed to the Inspector General of the Department of Human
Services  within  10  business  days  of  a  request  by  the
Inspector  General  in  the  course   of   an   investigation
authorized  by  the  Abused  and  Neglected  Long  Term  Care
Facility  Residents  Reporting  Act and applicable rule.  The
request shall be in  writing  and  signed  by  the  Inspector
General  or his or her designee.  The request shall state the
purpose for which  disclosure  is  sought.   Any  person  who
knowingly and willfully refuses to comply with such a request
is guilty of a Class A misdemeanor.
(Source: P.A. 90-608, eff. 6-30-98; 91-726, eff. 6-2-00.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.
    Passed in the General Assembly May 22, 2001.
    Approved August 15, 2001.

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