Public Act 094-0852
 
SB2782 Enrolled LRB094 15527 DRJ 50726 b

    AN ACT concerning health.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 2. The Abuse of Adults with Disabilities
Intervention Act is amended by changing Section 55 as follows:
 
    (20 ILCS 2435/55)  (from Ch. 23, par. 3395-55)
    Sec. 55. Access to records. All records concerning reports
of abuse, neglect, or exploitation of an adult with
disabilities and all records generated as a result of the
reports shall be confidential and shall not be disclosed except
as specifically authorized by this Act or other applicable law.
A person making a report of alleged abuse, neglect, or
exploitation functioning in his or her capacity as a licensed
professional may be entitled to the finding of the
investigative assessment and subsequent referrals as
authorized by the Inspector General. Office of Inspector
General (OIG) investigators shall inform the alleged victim or
guardian that information regarding the finding and referrals
may be released to the person who made the report if that
person is a professional, and the alleged victim or guardian
shall be afforded the opportunity to refuse to consent to the
release of that information. Access to the records, but not
access to the identity of the person or persons making a report
of alleged abuse, neglect, or exploitation as contained in the
records, shall be allowed to the following persons and for the
following purposes:
    (a) Adults with Disabilities Abuse Project staff in the
furtherance of their responsibilities under this Act;
    (b) A law enforcement agency investigating alleged or
suspected abuse, neglect, or exploitation of an adult with
disabilities;
    (c) An adult with disabilities reported to be abused,
neglected, or exploited, or the guardian of an adult with
disabilities unless the guardian is the alleged perpetrator of
the abuse, neglect, or exploitation;
    (d) A court, upon its finding that access to the records
may be necessary for the determination of an issue before the
court. However, the access shall be limited to an in camera
inspection of the records, unless the court determines that
disclosure of the information contained therein is necessary
for the resolution of an issue then pending before it;
    (e) A grand jury, upon its determination that access to the
records is necessary to the conduct of its official business;
    (f) Any person authorized by the Secretary, in writing, for
audit or bona fide research purposes;
    (g) A coroner or medical examiner who has reason to believe
that abuse or neglect contributed to or resulted in the death
of an adult with disabilities;
    (h) The agency designated pursuant to the Protection and
Advocacy for Developmentally Disabled Persons Act and the
Protection and Advocacy for Mentally Ill Persons Act.
(Source: P.A. 91-671, eff. 7-1-00.)
 
    Section 5. The Abused and Neglected Long Term Care Facility
Residents Reporting Act is amended by changing Section 6 as
follows:
 
    (210 ILCS 30/6)  (from Ch. 111 1/2, par. 4166)
    Sec. 6. All reports of suspected abuse or neglect made
under this Act shall be made immediately by telephone to the
Department's central register established under Section 14 on
the single, State-wide, toll-free telephone number established
under Section 13, or in person or by telephone through the
nearest Department office. No long term care facility
administrator, agent or employee, or any other person, shall
screen reports or otherwise withhold any reports from the
Department, and no long term care facility, department of State
government, or other agency shall establish any rules,
criteria, standards or guidelines to the contrary. Every long
term care facility, department of State government and other
agency whose employees are required to make or cause to be made
reports under Section 4 shall notify its employees of the
provisions of that Section and of this Section, and provide to
the Department documentation that such notification has been
given. The Department of Human Services shall train all of its
mental health and developmental disabilities employees in the
detection and reporting of suspected abuse and neglect of
residents. Reports made to the central register through the
State-wide, toll-free telephone number shall be transmitted to
appropriate Department offices and municipal health
departments that have responsibility for licensing long term
care facilities under the Nursing Home Care Act. All reports
received through offices of the Department shall be forwarded
to the central register, in a manner and form described by the
Department. The Department shall be capable of receiving
reports of suspected abuse and neglect 24 hours a day, 7 days a
week. Reports shall also be made in writing deposited in the
U.S. mail, postage prepaid, within 24 hours after having
reasonable cause to believe that the condition of the resident
resulted from abuse or neglect. Such reports may in addition be
made to the local law enforcement agency in the same manner.
However, in the event a report is made to the local law
enforcement agency, the reporter also shall immediately so
inform the Department. The Department shall initiate an
investigation of each report of resident abuse and neglect
under this Act, whether oral or written, as provided for in
Section 3-702 of the Nursing Home Care Act, except that reports
of abuse which indicate that a resident's life or safety is in
imminent danger shall be investigated within 24 hours of such
report. The Department may delegate to law enforcement
officials or other public agencies the duty to perform such
investigation.
    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, the Department shall
transmit copies of such reports to the Department of State
Police, the Department of Human Services, and the Inspector
General appointed under Section 6.2. If the Department receives
a report of suspected abuse or neglect of a recipient of
services as defined in Section 1-123 of the Mental Health and
Developmental Disabilities Code, the Department shall transmit
copies of such report to the Inspector General and the
Directors of the Guardianship and Advocacy Commission and the
agency designated by the Governor pursuant to the Protection
and Advocacy for Developmentally Disabled Persons Act. When
requested by the Director of the Guardianship and Advocacy
Commission, or the agency designated by the Governor pursuant
to the Protection and Advocacy for Developmentally Disabled
Persons Act, or the Department of Financial and Professional
Regulation, the Department, the Department of Human Services
and the Department of State Police shall make available a copy
of the final investigative report regarding investigations
conducted by their respective agencies on incidents of
suspected abuse or neglect of residents of mental health and
developmental disabilities institutions or individuals
receiving services at community agencies under the
jurisdiction of the Department of Human Services. Such final
investigative report shall not contain witness statements,
investigation notes, draft summaries, results of lie detector
tests, investigative files or other raw data which was used to
compile the final investigative report. Specifically, the
final investigative report of the Department of State Police
shall mean the Director's final transmittal letter. The
Department of Human Services shall also make available a copy
of the results of disciplinary proceedings of employees
involved in incidents of abuse or neglect to the Directors. All
identifiable information in reports provided shall not be
further disclosed except as provided by the Mental Health and
Developmental Disabilities Confidentiality Act. Nothing in
this Section is intended to limit or construe the power or
authority granted to the agency designated by the Governor
pursuant to the Protection and Advocacy for Developmentally
Disabled Persons Act, pursuant to any other State or federal
statute.
    With respect to investigations of reported resident abuse
or neglect, the Department shall effect with appropriate law
enforcement agencies formal agreements concerning methods and
procedures for the conduct of investigations into the criminal
histories of any administrator, staff assistant or employee of
the nursing home or other person responsible for the residents
care, as well as for other residents in the nursing home who
may be in a position to abuse, neglect or exploit the patient.
Pursuant to the formal agreements entered into with appropriate
law enforcement agencies, the Department may request
information with respect to whether the person or persons set
forth in this paragraph have ever been charged with a crime and
if so, the disposition of those charges. Unless the criminal
histories of the subjects involved crimes of violence or
resident abuse or neglect, the Department shall be entitled
only to information limited in scope to charges and their
dispositions. In cases where prior crimes of violence or
resident abuse or neglect are involved, a more detailed report
can be made available to authorized representatives of the
Department, pursuant to the agreements entered into with
appropriate law enforcement agencies. Any criminal charges and
their disposition information obtained by the Department shall
be confidential and may not be transmitted outside the
Department, except as required herein, to authorized
representatives or delegates of the Department, and may not be
transmitted to anyone within the Department who is not duly
authorized to handle resident abuse or neglect investigations.
    The Department shall effect formal agreements with
appropriate law enforcement agencies in the various counties
and communities to encourage cooperation and coordination in
the handling of resident abuse or neglect cases pursuant to
this Act. The Department shall adopt and implement methods and
procedures to promote statewide uniformity in the handling of
reports of abuse and neglect under this Act, and those methods
and procedures shall be adhered to by personnel of the
Department involved in such investigations and reporting. The
Department shall also make information required by this Act
available to authorized personnel within the Department, as
well as its authorized representatives.
    The Department shall keep a continuing record of all
reports made pursuant to this Act, including indications of the
final determination of any investigation and the final
disposition of all reports.
    The Department shall report annually to the General
Assembly on the incidence of abuse and neglect of long term
care facility residents, with special attention to residents
who are mentally disabled. The report shall include but not be
limited to data on the number and source of reports of
suspected abuse or neglect filed under this Act, the nature of
any injuries to residents, the final determination of
investigations, the type and number of cases where abuse or
neglect is determined to exist, and the final disposition of
cases.
(Source: P.A. 89-507, eff. 7-1-97.)
 
    Section 10. The Mental Health and Developmental
Disabilities Confidentiality Act is amended by changing
Section 11 as follows:
 
    (740 ILCS 110/11)  (from Ch. 91 1/2, par. 811)
    Sec. 11. Disclosure of records and communications. Records
and communications may be disclosed:
        (i) in accordance with the provisions of the Abused and
    Neglected Child Reporting Act;
        (ii) when, and to the extent, a therapist, in his or
    her sole discretion, determines that disclosure is
    necessary to initiate or continue civil commitment
    proceedings under the laws of this State or to otherwise
    protect the recipient or other person against a clear,
    imminent risk of serious physical or mental injury or
    disease or death being inflicted upon the recipient or by
    the recipient on himself or another;
        (iii) when, and to the extent disclosure is, in the
    sole discretion of the therapist, necessary to the
    provision of emergency medical care to a recipient who is
    unable to assert or waive his or her rights hereunder;
        (iv) when disclosure is necessary to collect sums or
    receive third party payment representing charges for
    mental health or developmental disabilities services
    provided by a therapist or agency to a recipient under
    Chapter V of the Mental Health and Developmental
    Disabilities Code or to transfer debts under the
    Uncollected State Claims Act; however, disclosure shall be
    limited to information needed to pursue collection, and the
    information so disclosed shall not be used for any other
    purposes nor shall it be redisclosed except in connection
    with collection activities;
        (v) when requested by a family member, the Department
    of Human Services may assist in the location of the
    interment site of a deceased recipient who is interred in a
    cemetery established under Section 100-26 of the Mental
    Health and Developmental Disabilities Administrative Act;
        (vi) in judicial proceedings under Article VIII of
    Chapter III and Article V of Chapter IV of the Mental
    Health and Developmental Disabilities Code and proceedings
    and investigations preliminary thereto, to the State's
    Attorney for the county or residence of a person who is the
    subject of such proceedings, or in which the person is
    found, or in which the facility is located, to the attorney
    representing the recipient in the judicial proceedings, to
    any person or agency providing mental health services that
    are the subject of the proceedings and to that person's or
    agency's attorney, to any court personnel, including but
    not limited to judges and circuit court clerks, and to a
    guardian ad litem if one has been appointed by the court,
    provided that the information so disclosed shall not be
    utilized for any other purpose nor be redisclosed except in
    connection with the proceedings or investigations;
        (vii) when, and to the extent disclosure is necessary
    to comply with the requirements of the Census Bureau in
    taking the federal Decennial Census;
        (viii) when, and to the extent, in the therapist's sole
    discretion, disclosure is necessary to warn or protect a
    specific individual against whom a recipient has made a
    specific threat of violence where there exists a
    therapist-recipient relationship or a special
    recipient-individual relationship;
        (ix) in accordance with the Sex Offender Registration
    Act; and
        (x) in accordance with the Rights of Crime Victims and
    Witnesses Act; .
        (xi) in accordance with Section 6 of the Abused and
    Neglected Long Term Care Facility Residents Reporting Act;
    and
        (xii) in accordance with Section 55 of the Abuse of
    Adults with Disabilities Intervention Act.
    Any person, institution, or agency, under this Act,
participating in good faith in the making of a report under the
Abused and Neglected Child Reporting Act or in the disclosure
of records and communications under this Section, shall have
immunity from any liability, civil, criminal or otherwise, that
might result by reason of such action. For the purpose of any
proceeding, civil or criminal, arising out of a report or
disclosure under this Section, the good faith of any person,
institution, or agency so reporting or disclosing shall be
presumed.
(Source: P.A. 90-423, eff. 8-15-97; 90-538, eff. 12-1-97;
90-655, eff. 7-30-98; 91-357, eff. 7-29-99.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.