Full Text of SB2806 96th General Assembly
SB2806 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB2806
Introduced 1/28/2010, by Sen. William Delgado SYNOPSIS AS INTRODUCED: |
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210 ILCS 30/6 |
from Ch. 111 1/2, par. 4166 |
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Amends the Abused and Neglected Long Term Care Facility Residents Reporting
Act. With respect to investigations of reports of suspected abuse or neglect
of residents of mental health and developmental disabilities institutions
under the jurisdiction of the Department of
Human Services, provides that a copy of a final investigative report that
includes a substantiated finding of abuse, neglect, or financial
exploitation shall not be distributed by the Department of Public Health to the Department of Financial
and Professional Regulation until all reconsideration and appeals
processes have been exhausted. Effective immediately.
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A BILL FOR
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SB2806 |
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LRB096 17712 KTG 33077 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
| 4 |
| Section 5. The Abused and Neglected Long Term Care Facility | 5 |
| Residents Reporting
Act is amended by changing Section 6 as | 6 |
| follows:
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| (210 ILCS 30/6) (from Ch. 111 1/2, par. 4166)
| 8 |
| (Text of Section before amendment by P.A. 96-339 )
| 9 |
| Sec. 6. All reports of suspected abuse or neglect made | 10 |
| under this Act
shall be made immediately by telephone to the | 11 |
| Department's central register
established under Section 14 on | 12 |
| the single, State-wide, toll-free telephone
number established | 13 |
| under Section 13, or in person or by telephone through
the | 14 |
| nearest Department office. No long term care facility | 15 |
| administrator,
agent or employee, or any other person, shall | 16 |
| screen reports or otherwise
withhold any reports from the | 17 |
| Department, and no long term care facility,
department of State | 18 |
| government, or other agency shall establish any rules,
| 19 |
| criteria, standards or guidelines to the contrary. Every long | 20 |
| term care
facility, department of State government and other | 21 |
| agency whose employees
are required to make or cause to be made | 22 |
| reports under Section 4 shall
notify its employees of the | 23 |
| provisions of that Section and of this Section,
and provide to |
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SB2806 |
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LRB096 17712 KTG 33077 b |
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| the Department documentation that such notification has been
| 2 |
| given. The Department of Human Services shall train all of its | 3 |
| mental health and developmental
disabilities employees in the | 4 |
| detection and reporting of suspected
abuse and neglect of | 5 |
| residents. Reports made to the central register
through the | 6 |
| State-wide, toll-free telephone number shall be transmitted to
| 7 |
| appropriate Department offices and municipal health | 8 |
| departments that have
responsibility for licensing long term | 9 |
| care facilities under the Nursing
Home Care Act. All reports | 10 |
| received through offices of the Department
shall be forwarded | 11 |
| to the central register, in a manner and form described
by the | 12 |
| Department. The Department shall be capable of receiving | 13 |
| reports of
suspected abuse and neglect 24 hours a day, 7 days a | 14 |
| week. Reports shall
also be made in writing deposited in the | 15 |
| U.S. mail, postage prepaid, within
24 hours after having | 16 |
| reasonable cause to believe that the condition of the
resident | 17 |
| resulted from abuse or neglect. Such reports may in addition be
| 18 |
| made to the local law enforcement agency in the same manner. | 19 |
| However, in
the event a report is made to the local law | 20 |
| enforcement agency, the
reporter also shall immediately so | 21 |
| inform the Department. The Department
shall initiate an | 22 |
| investigation of each report of resident abuse and
neglect | 23 |
| under this Act, whether oral or written, as provided for in | 24 |
| Section
3-702 of the Nursing Home Care Act, except that reports | 25 |
| of abuse which
indicate that a resident's life or safety is in | 26 |
| imminent danger shall be
investigated within 24 hours of such |
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SB2806 |
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LRB096 17712 KTG 33077 b |
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| report. The Department may delegate to
law enforcement | 2 |
| officials or other public agencies the duty to perform such
| 3 |
| investigation.
| 4 |
| With respect to investigations of reports of suspected | 5 |
| abuse or neglect
of residents of mental health and | 6 |
| developmental disabilities institutions
under the jurisdiction | 7 |
| of the Department of
Human Services, the
Department shall | 8 |
| transmit
copies of such reports to the Department of State | 9 |
| Police, the Department of
Human Services, and the
Inspector | 10 |
| General
appointed under Section 1-17 of the Department of Human | 11 |
| Services Act. If the Department receives a report
of suspected | 12 |
| abuse or neglect of a recipient of services as defined in | 13 |
| Section
1-123 of the Mental Health and Developmental | 14 |
| Disabilities Code, the
Department shall transmit copies of such | 15 |
| report to the Inspector General
and the Directors of the | 16 |
| Guardianship and Advocacy Commission and the
agency designated | 17 |
| by the Governor pursuant to the Protection and Advocacy
for | 18 |
| Developmentally Disabled Persons Act. When requested by the | 19 |
| Director
of the Guardianship and Advocacy Commission, the | 20 |
| agency designated by the
Governor pursuant to the Protection | 21 |
| and Advocacy for Developmentally
Disabled Persons Act, or the | 22 |
| Department of Financial and Professional Regulation, the | 23 |
| Department, the Department of Human Services and the Department | 24 |
| of State Police shall make
available a copy of the final | 25 |
| investigative report regarding investigations
conducted by | 26 |
| their respective agencies on incidents of suspected abuse or
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SB2806 |
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LRB096 17712 KTG 33077 b |
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| 1 |
| neglect of residents of mental health and developmental | 2 |
| disabilities
institutions or individuals receiving services at | 3 |
| community agencies under the jurisdiction of the Department of | 4 |
| Human Services. A copy of a final investigative report that
| 5 |
| includes a substantiated finding of abuse, neglect, or | 6 |
| financial
exploitation shall not be distributed to the | 7 |
| Department of Financial
and Professional Regulation until all | 8 |
| reconsideration and appeals
processes have been exhausted. | 9 |
| Such final investigative
report shall not contain witness | 10 |
| statements, investigation notes, draft
summaries, results of | 11 |
| lie detector tests, investigative files or other raw data
which | 12 |
| was used to compile the final investigative report. | 13 |
| Specifically, the
final investigative report of the Department | 14 |
| of State Police shall mean the
Director's final transmittal | 15 |
| letter. The Department of Human Services shall also make | 16 |
| available a
copy of the results of disciplinary proceedings of | 17 |
| employees involved in
incidents of abuse or neglect to the | 18 |
| Directors. All identifiable
information in reports provided | 19 |
| shall not be further disclosed except as
provided by the Mental | 20 |
| Health and Developmental Disabilities
Confidentiality Act. | 21 |
| Nothing in this Section is intended to limit or
construe the | 22 |
| power or authority granted to the agency designated by the
| 23 |
| Governor pursuant to the Protection and Advocacy for | 24 |
| Developmentally
Disabled Persons Act, pursuant to any other | 25 |
| State or federal statute.
| 26 |
| With respect to investigations of reported resident abuse |
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SB2806 |
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LRB096 17712 KTG 33077 b |
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| or neglect, the
Department shall effect with appropriate law | 2 |
| enforcement agencies formal
agreements concerning methods and | 3 |
| procedures for the conduct of investigations
into the criminal | 4 |
| histories of any administrator, staff assistant or employee
of | 5 |
| the nursing home or other person responsible for the residents | 6 |
| care,
as well as for other residents in the nursing home who | 7 |
| may be in a position
to abuse, neglect or exploit the patient. | 8 |
| Pursuant to the formal agreements
entered into with appropriate | 9 |
| law enforcement agencies, the Department may
request | 10 |
| information with respect to whether the person or persons set | 11 |
| forth
in this paragraph have ever been charged with a crime and | 12 |
| if so, the
disposition of those charges. Unless the criminal | 13 |
| histories of the
subjects involved crimes of violence or | 14 |
| resident abuse or neglect, the
Department shall be entitled | 15 |
| only to information limited in scope to
charges and their | 16 |
| dispositions. In cases where prior crimes of violence or
| 17 |
| resident abuse or neglect are involved, a more detailed report | 18 |
| can be made
available to authorized representatives of the | 19 |
| Department, pursuant to the
agreements entered into with | 20 |
| appropriate law enforcement agencies. Any
criminal charges and | 21 |
| their disposition information obtained by the
Department shall | 22 |
| be confidential and may not be transmitted outside the
| 23 |
| Department, except as required herein, to authorized | 24 |
| representatives or
delegates of the Department, and may not be | 25 |
| transmitted to anyone within
the Department who is not duly | 26 |
| authorized to handle resident abuse or
neglect investigations.
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SB2806 |
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LRB096 17712 KTG 33077 b |
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| The Department shall effect formal agreements with | 2 |
| appropriate law
enforcement agencies in the various counties | 3 |
| and communities to encourage
cooperation and coordination in | 4 |
| the handling of resident abuse or neglect
cases pursuant to | 5 |
| this Act. The Department shall adopt and implement
methods and | 6 |
| procedures to promote statewide uniformity in the handling of
| 7 |
| reports of abuse and neglect under this Act, and those methods | 8 |
| and
procedures shall be adhered to by personnel of the | 9 |
| Department involved in
such investigations and reporting. The | 10 |
| Department shall also make
information required by this Act | 11 |
| available to authorized personnel within
the Department, as | 12 |
| well as its authorized representatives.
| 13 |
| The Department shall keep a continuing record of all | 14 |
| reports made
pursuant to this Act, including indications of the | 15 |
| final determination of
any investigation and the final | 16 |
| disposition of all reports.
| 17 |
| The Department shall report annually to the General | 18 |
| Assembly on the
incidence of abuse and neglect of long term | 19 |
| care facility residents, with
special attention to residents | 20 |
| who are mentally disabled. The report shall
include but not be | 21 |
| limited to data on the number and source of reports of
| 22 |
| suspected abuse or neglect filed under this Act, the nature of | 23 |
| any injuries
to residents, the final determination of | 24 |
| investigations, the type and
number of cases where abuse or | 25 |
| neglect is determined to exist, and the
final disposition of | 26 |
| cases.
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SB2806 |
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LRB096 17712 KTG 33077 b |
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| (Source: P.A. 94-852, eff. 6-13-06; 95-545, eff. 8-28-07.)
| 2 |
| (Text of Section after amendment by P.A. 96-339 )
| 3 |
| Sec. 6. All reports of suspected abuse or neglect made | 4 |
| under this Act
shall be made immediately by telephone to the | 5 |
| Department's central register
established under Section 14 on | 6 |
| the single, State-wide, toll-free telephone
number established | 7 |
| under Section 13, or in person or by telephone through
the | 8 |
| nearest Department office. No long term care facility | 9 |
| administrator,
agent or employee, or any other person, shall | 10 |
| screen reports or otherwise
withhold any reports from the | 11 |
| Department, and no long term care facility,
department of State | 12 |
| government, or other agency shall establish any rules,
| 13 |
| criteria, standards or guidelines to the contrary. Every long | 14 |
| term care
facility, department of State government and other | 15 |
| agency whose employees
are required to make or cause to be made | 16 |
| reports under Section 4 shall
notify its employees of the | 17 |
| provisions of that Section and of this Section,
and provide to | 18 |
| the Department documentation that such notification has been
| 19 |
| given. The Department of Human Services shall train all of its | 20 |
| mental health and developmental
disabilities employees in the | 21 |
| detection and reporting of suspected
abuse and neglect of | 22 |
| residents. Reports made to the central register
through the | 23 |
| State-wide, toll-free telephone number shall be transmitted to
| 24 |
| appropriate Department offices and municipal health | 25 |
| departments that have
responsibility for licensing long term |
|
|
|
SB2806 |
- 8 - |
LRB096 17712 KTG 33077 b |
|
| 1 |
| care facilities under the Nursing
Home Care Act or the MR/DD | 2 |
| Community Care Act. All reports received through offices of the | 3 |
| Department
shall be forwarded to the central register, in a | 4 |
| manner and form described
by the Department. The Department | 5 |
| shall be capable of receiving reports of
suspected abuse and | 6 |
| neglect 24 hours a day, 7 days a week. Reports shall
also be | 7 |
| made in writing deposited in the U.S. mail, postage prepaid, | 8 |
| within
24 hours after having reasonable cause to believe that | 9 |
| the condition of the
resident resulted from abuse or neglect. | 10 |
| Such reports may in addition be
made to the local law | 11 |
| enforcement agency in the same manner. However, in
the event a | 12 |
| report is made to the local law enforcement agency, the
| 13 |
| reporter also shall immediately so inform the Department. The | 14 |
| Department
shall initiate an investigation of each report of | 15 |
| resident abuse and
neglect under this Act, whether oral or | 16 |
| written, as provided for in Section
3-702 of the Nursing Home | 17 |
| Care Act or Section 3-702 of the MR/DD Community Care Act, | 18 |
| except that reports of abuse which
indicate that a resident's | 19 |
| life or safety is in imminent danger shall be
investigated | 20 |
| within 24 hours of such report. The Department may delegate to
| 21 |
| law enforcement officials or other public agencies the duty to | 22 |
| perform such
investigation.
| 23 |
| With respect to investigations of reports of suspected | 24 |
| abuse or neglect
of residents of mental health and | 25 |
| developmental disabilities institutions
under the jurisdiction | 26 |
| of the Department of
Human Services, the
Department shall |
|
|
|
SB2806 |
- 9 - |
LRB096 17712 KTG 33077 b |
|
| 1 |
| transmit
copies of such reports to the Department of State | 2 |
| Police, the Department of
Human Services, and the
Inspector | 3 |
| General
appointed under Section 1-17 of the Department of Human | 4 |
| Services Act. If the Department receives a report
of suspected | 5 |
| abuse or neglect of a recipient of services as defined in | 6 |
| Section
1-123 of the Mental Health and Developmental | 7 |
| Disabilities Code, the
Department shall transmit copies of such | 8 |
| report to the Inspector General
and the Directors of the | 9 |
| Guardianship and Advocacy Commission and the
agency designated | 10 |
| by the Governor pursuant to the Protection and Advocacy
for | 11 |
| Developmentally Disabled Persons Act. When requested by the | 12 |
| Director
of the Guardianship and Advocacy Commission, the | 13 |
| agency designated by the
Governor pursuant to the Protection | 14 |
| and Advocacy for Developmentally
Disabled Persons Act, or the | 15 |
| Department of Financial and Professional Regulation, the | 16 |
| Department, the Department of Human Services and the Department | 17 |
| of State Police shall make
available a copy of the final | 18 |
| investigative report regarding investigations
conducted by | 19 |
| their respective agencies on incidents of suspected abuse or
| 20 |
| neglect of residents of mental health and developmental | 21 |
| disabilities
institutions or individuals receiving services at | 22 |
| community agencies under the jurisdiction of the Department of | 23 |
| Human Services. A copy of a final investigative report that
| 24 |
| includes a substantiated finding of abuse, neglect, or | 25 |
| financial
exploitation shall not be distributed to the | 26 |
| Department of Financial
and Professional Regulation until all |
|
|
|
SB2806 |
- 10 - |
LRB096 17712 KTG 33077 b |
|
| 1 |
| reconsideration and appeals
processes have been exhausted. | 2 |
| Such final investigative
report shall not contain witness | 3 |
| statements, investigation notes, draft
summaries, results of | 4 |
| lie detector tests, investigative files or other raw data
which | 5 |
| was used to compile the final investigative report. | 6 |
| Specifically, the
final investigative report of the Department | 7 |
| of State Police shall mean the
Director's final transmittal | 8 |
| letter. The Department of Human Services shall also make | 9 |
| available a
copy of the results of disciplinary proceedings of | 10 |
| employees involved in
incidents of abuse or neglect to the | 11 |
| Directors. All identifiable
information in reports provided | 12 |
| shall not be further disclosed except as
provided by the Mental | 13 |
| Health and Developmental Disabilities
Confidentiality Act. | 14 |
| Nothing in this Section is intended to limit or
construe the | 15 |
| power or authority granted to the agency designated by the
| 16 |
| Governor pursuant to the Protection and Advocacy for | 17 |
| Developmentally
Disabled Persons Act, pursuant to any other | 18 |
| State or federal statute.
| 19 |
| With respect to investigations of reported resident abuse | 20 |
| or neglect, the
Department shall effect with appropriate law | 21 |
| enforcement agencies formal
agreements concerning methods and | 22 |
| procedures for the conduct of investigations
into the criminal | 23 |
| histories of any administrator, staff assistant or employee
of | 24 |
| the nursing home or other person responsible for the residents | 25 |
| care,
as well as for other residents in the nursing home who | 26 |
| may be in a position
to abuse, neglect or exploit the patient. |
|
|
|
SB2806 |
- 11 - |
LRB096 17712 KTG 33077 b |
|
| 1 |
| Pursuant to the formal agreements
entered into with appropriate | 2 |
| law enforcement agencies, the Department may
request | 3 |
| information with respect to whether the person or persons set | 4 |
| forth
in this paragraph have ever been charged with a crime and | 5 |
| if so, the
disposition of those charges. Unless the criminal | 6 |
| histories of the
subjects involved crimes of violence or | 7 |
| resident abuse or neglect, the
Department shall be entitled | 8 |
| only to information limited in scope to
charges and their | 9 |
| dispositions. In cases where prior crimes of violence or
| 10 |
| resident abuse or neglect are involved, a more detailed report | 11 |
| can be made
available to authorized representatives of the | 12 |
| Department, pursuant to the
agreements entered into with | 13 |
| appropriate law enforcement agencies. Any
criminal charges and | 14 |
| their disposition information obtained by the
Department shall | 15 |
| be confidential and may not be transmitted outside the
| 16 |
| Department, except as required herein, to authorized | 17 |
| representatives or
delegates of the Department, and may not be | 18 |
| transmitted to anyone within
the Department who is not duly | 19 |
| authorized to handle resident abuse or
neglect investigations.
| 20 |
| The Department shall effect formal agreements with | 21 |
| appropriate law
enforcement agencies in the various counties | 22 |
| and communities to encourage
cooperation and coordination in | 23 |
| the handling of resident abuse or neglect
cases pursuant to | 24 |
| this Act. The Department shall adopt and implement
methods and | 25 |
| procedures to promote statewide uniformity in the handling of
| 26 |
| reports of abuse and neglect under this Act, and those methods |
|
|
|
SB2806 |
- 12 - |
LRB096 17712 KTG 33077 b |
|
| 1 |
| and
procedures shall be adhered to by personnel of the | 2 |
| Department involved in
such investigations and reporting. The | 3 |
| Department shall also make
information required by this Act | 4 |
| available to authorized personnel within
the Department, as | 5 |
| well as its authorized representatives.
| 6 |
| The Department shall keep a continuing record of all | 7 |
| reports made
pursuant to this Act, including indications of the | 8 |
| final determination of
any investigation and the final | 9 |
| disposition of all reports.
| 10 |
| The Department shall report annually to the General | 11 |
| Assembly on the
incidence of abuse and neglect of long term | 12 |
| care facility residents, with
special attention to residents | 13 |
| who are mentally disabled. The report shall
include but not be | 14 |
| limited to data on the number and source of reports of
| 15 |
| suspected abuse or neglect filed under this Act, the nature of | 16 |
| any injuries
to residents, the final determination of | 17 |
| investigations, the type and
number of cases where abuse or | 18 |
| neglect is determined to exist, and the
final disposition of | 19 |
| cases.
| 20 |
| (Source: P.A. 95-545, eff. 8-28-07; 96-339, eff. 7-1-10.)
| 21 |
| Section 95. No acceleration or delay. Where this Act makes | 22 |
| changes in a statute that is represented in this Act by text | 23 |
| that is not yet or no longer in effect (for example, a Section | 24 |
| represented by multiple versions), the use of that text does | 25 |
| not accelerate or delay the taking effect of (i) the changes |
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SB2806 |
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LRB096 17712 KTG 33077 b |
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| made by this Act or (ii) provisions derived from any other | 2 |
| Public Act.
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| Section 99. Effective date. This Act takes effect upon | 4 |
| becoming law.
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