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Public Act 91-0169
SB1064 Enrolled LRB9102334ACtm
AN ACT to amend the Abused and Neglected Long Term Care
Facility Residents Reporting Act.
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, 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(Section scheduled to be repealed on January 1, 2000)
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, 2002 2000.
(Source: P.A. 89-427, eff. 12-7-95; 89-507, eff. 7-1-97;
90-252, eff. 7-29-97; 90-512, eff. 8-22-97; 90-655, eff.
7-30-98.)
(210 ILCS 30/6.3) (from Ch. 111 1/2, par. 4166.3)
(Section scheduled to be repealed on January 1, 2000)
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, 2002 2000.
(Source: P.A. 89-427, eff. 12-7-95; 89-507, eff. 7-1-97.)
(210 ILCS 30/6.4) (from Ch. 111 1/2, par. 4166.4)
(This Section is scheduled to be repealed January 1,
2000.)
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, 2002 2000.
(Source: P.A. 89-427, eff. 12-7-95.)
(210 ILCS 30/6.5) (from Ch. 111 1/2, par. 4166.5)
(Section scheduled to be repealed on January 1, 2000)
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, 2002 2000.
(Source: P.A. 89-427, eff. 12-7-95; 89-507, eff. 7-1-97.)
(210 ILCS 30/6.6) (from Ch. 111 1/2, par. 4166.6)
(This Section is scheduled to be repealed January 1,
2000.)
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, 2002 2000.
(Source: P.A. 89-427, eff. 12-7-95.)
(210 ILCS 30/6.7) (from Ch. 111 1/2, par. 4166.7)
(This Section is scheduled to be repealed July 1, 2000.)
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, 2002 July 1, 2000.
(Source: P.A. 89-427, eff. 12-7-95.)
(210 ILCS 30/6.8) (from Ch. 111 1/2, par. 4166.8)
(Section scheduled to be repealed on January 1, 2000)
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, 2002 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.
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