Public Act 094-0428
 
SB0849 Enrolled LRB094 04021 MKM 34037 b

    AN ACT concerning health 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 and
10 as follows:
 
    (210 ILCS 30/6.2)  (from Ch. 111 1/2, par. 4166.2)
    Sec. 6.2. Inspector General.
    (a) The Governor shall appoint, and the Senate shall
confirm, an Inspector General. The Inspector General shall be
appointed for a term of 4 years and shall function within the
Department of Human Services and report to the Secretary of
Human Services and the Governor. The Inspector General shall
function independently within the Department of Human Services
with respect to the operations of the office, including the
performance of investigations and issuance of findings and
recommendations. The appropriation for the Office of Inspector
General shall be separate from the overall appropriation for
the Department 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.
    When the Office of the Inspector General has substantiated
a case of abuse or neglect, the Inspector General shall include
in the final report any mitigating or aggravating circumstances
that were identified during the investigation. Upon
determination that a report of neglect is substantiated, the
Inspector General shall then determine whether such neglect
rises to the level of egregious neglect.
    (b) The Inspector General shall, within 24 hours after
determining that a reported allegation 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 or the
appropriate law enforcement entity. The Department of State
Police shall investigate any report from a State-operated
facility 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. Notice of the Inspector General's determination
must be given to the person who claims to be the victim of the
abuse or neglect, to the person or persons alleged to have been
responsible for abuse or neglect, and to the facility or
agency. The facility or agency or the person or persons alleged
to have been responsible for the abuse or neglect and the
person who claims to be the victim of the abuse or neglect 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. Within 30 days
after the Secretary has approved a response, the facility or
agency making the response shall provide an implementation
report to the Inspector General on the status of the corrective
action implemented. Within 60 days after the Secretary has
approved the response, the facility or agency shall send notice
of the completion of the corrective action or shall send an
updated implementation report. The facility or agency shall
continue sending updated implementation reports every 60 days
until the facility or agency sends a notice of the completion
of the corrective action. The Inspector General shall review
any implementation plan that takes more than 120 days. The
Inspector General shall monitor compliance through a random
review of completed corrective actions. This monitoring may
include, but need not be limited to, site visits, telephone
contacts, or requests for written documentation from the
facility or agency to determine whether the facility or agency
is in compliance with 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.
Whenever the Inspector General issues any recommendations to
the Secretary of Human Services, the Secretary shall provide a
written response.
    (e) The Inspector General shall establish and conduct
periodic training programs for Department of Human Services
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 of Human Services, 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 the records of the Department of Human Services and to any
facility or program funded by the Department of Human Services
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.
    (g-5) After notice and an opportunity for a hearing that is
separate and distinct from the Office of the Inspector
General's appeals process as implemented under subsection (c)
of this Section, the Inspector General shall report to the
Department of Public Health's nurse aide registry under Section
3-206.01 of the Nursing Home Care Act the identity of
individuals against whom there has been a substantiated finding
of physical or sexual abuse or egregious neglect of a service
recipient.
    Nothing in this subsection shall diminish or impair the
rights of a person who is a member of a collective bargaining
unit pursuant to the Illinois Public Labor Relations Act or
pursuant to any federal labor statute. An individual who is a
member of a collective bargaining unit as described above shall
not be reported to the Department of Public Health's nurse aide
registry until the exhaustion of that individual's grievance
and arbitration rights, or until 3 months after the initiation
of the grievance process, whichever occurs first, provided that
the Department of Human Services' hearing under subsection (c),
that is separate and distinct from the Office of the Inspector
General's appeals process, has concluded. Notwithstanding
anything hereinafter or previously provided, if an action taken
by an employer against an individual as a result of the
circumstances that led to a finding of physical or sexual abuse
or egregious neglect is later overturned under a grievance or
arbitration procedure provided for in Section 8 of the Illinois
Public Labor Relations Act or under a collective bargaining
agreement, the report must be removed from the registry.
    The Department of Human Services shall promulgate or amend
rules as necessary or appropriate to establish procedures for
reporting to the registry, including the definition of
egregious neglect, procedures for notice to the individual and
victim, appeal and hearing procedures, and petition for removal
of the report from the registry. The portion of the rules
pertaining to hearings shall provide that, at the hearing, both
parties may present written and oral evidence. The Department
shall be required to establish by a preponderance of the
evidence that the Office of the Inspector General's finding of
physical or sexual abuse or egregious neglect warrants
reporting to the Department of Public Health's nurse aide
registry under Section 3-206.01 of the Nursing Home Care Act.
    Notice to the individual shall include a clear and concise
statement of the grounds on which the report to the registry is
based and notice of the opportunity for a hearing to contest
the report. The Department of Human Services shall provide the
notice by certified mail to the last known address of the
individual. The notice shall give the individual an opportunity
to contest the report in a hearing before the Department of
Human Services or to submit a written response to the findings
instead of requesting a hearing. If the individual does not
request a hearing or if after notice and a hearing the
Department of Human Services finds that the report is valid,
the finding shall be included as part of the registry, as well
as a brief statement from the reported individual if he or she
chooses to make a statement. The Department of Public Health
shall make available to the public information reported to the
registry. In a case of inquiries concerning an individual
listed in the registry, any information disclosed concerning a
finding of abuse or neglect shall also include disclosure of
the individual's brief statement in the registry relating to
the reported finding or include a clear and accurate summary of
the statement.
    At any time after the report of the registry, an individual
may petition the Department of Human Services for removal from
the registry of the finding against him or her. Upon receipt of
such a petition, the Department of Human Services shall conduct
an investigation and hearing on the petition. Upon completion
of the investigation and hearing, the Department of Human
Services shall report the removal of the finding to the
registry unless the Department of Human Services determines
that removal is not in the public interest.
(Source: P.A. 92-358, eff. 8-15-01; 92-473, eff. 1-1-02;
92-651, eff. 7-11-02; 93-636, eff. 12-31-03.)
 
    (210 ILCS 30/10)  (from Ch. 111 1/2, par. 4170)
    Sec. 10. If, during the investigation of a report made
pursuant to this Act, the Department obtains information
indicating possible criminal acts, the Department shall refer
the matter to the appropriate law enforcement agency or
agencies for further investigation or prosecution. The
Department shall make the entire file of its investigation
available to the appropriate law enforcement agencies.
    With respect to reports of suspected abuse or neglect of
residents of facilities operated by the Department of Human
Services (as successor to the Department of Rehabilitation
Services) or recipients of services through any home,
institution, program or other entity licensed in whole or in
part by the Department of Human Services (as successor to the
Department of Rehabilitation Services), the Department shall
refer reports indicating possible criminal acts to the
Department of State Police or the appropriate law enforcement
entity upon awareness that a possible criminal act has occurred
for investigation.
(Source: P.A. 89-507, eff. 7-1-97.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.