94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB0849


 
Introduced 2/18/2005, by Sen. Jacqueline Y. Collins
 
SYNOPSIS AS INTRODUCED:
 		















210 ILCS 30/6.2
  from Ch. 111 1/2, par. 4166.2



210 ILCS 30/10
  from Ch. 111 1/2, par. 4170







    Amends the Abused and Neglected Long Term Care Facility Residents Reporting
Act. Requires the Inspector General to immediately notify the Department of State Police or the appropriate law enforcement entity (now, only the Department of State Police) if the Inspector General determines that a possible criminal act has been committed or that special expertise is required in the investigation. Makes corresponding changes. Provides that the Department of State Police shall investigate any report from a State-operated facility (now, any report) indicating a possible murder, rape, or other felony. Effective immediately.
















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FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











SB0849

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1
    AN ACT concerning health facilities.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 10. The Abused and Neglected Long Term Care 
5
Facility Residents Reporting
Act is amended  by changing 
6
Sections  6.2 and 10 as follows:
 
7
    (210 ILCS 30/6.2)  (from Ch. 111 1/2, par. 4166.2)


8
    Sec. 6.2. Inspector General.


9
    (a) The Governor shall appoint, and the Senate shall 
10
confirm, an Inspector
General.  The Inspector General shall be 
11
appointed for a term of 4 years
and shall function within the 
12
Department of Human Services and report
to the Secretary of 
13
Human
Services and the Governor.
The Inspector General shall 
14
function independently within the Department of
Human Services 
15
with respect to the operations of the office, including the

16
performance of investigations and issuance of
findings and 
17
recommendations.  The appropriation for the Office of Inspector

18
General shall be separate from the overall appropriation for 
19
the Department of
Human Services.  The Inspector General shall

20
investigate reports of
suspected abuse or neglect (as those 
21
terms are defined in Section 3 of this
Act) of patients or 
22
residents in any mental health or developmental
disabilities 
23
facility operated by the Department of Human Services and shall

24
have authority to
investigate and take immediate action on 
25
reports of abuse or neglect of
recipients, whether patients or 
26
residents, in any mental health or
developmental disabilities 
27
facility or program that is licensed or certified
by the 
28
Department of Human Services (as successor to the Department of

29
Mental Health and Developmental Disabilities) or that is funded 
30
by the
Department of Human Services (as successor to the 
31
Department of Mental
Health and Developmental Disabilities) 
32
and is not licensed or
certified by any agency of the State.  At 
 


 






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1
the specific, written request of an
agency of the State other 
2
than the Department of Human Services (as successor
to the 
3
Department of Mental Health and Developmental Disabilities), 
4
the
Inspector General may cooperate in investigating
reports of 
5
abuse and neglect of persons with mental illness or persons 
6
with
developmental disabilities.  The Inspector General shall 
7
have no supervision
over or involvement in routine, 
8
programmatic, licensure, or certification
operations of the 
9
Department of Human Services or any of its funded agencies.


10
    The Inspector General shall promulgate rules establishing 
11
minimum
requirements for reporting allegations of abuse and 
12
neglect and initiating,
conducting, and completing 
13
investigations.  The
promulgated rules shall clearly set forth 
14
that in instances where 2 or more
State agencies could 
15
investigate an allegation of abuse or neglect, the
Inspector 
16
General shall not conduct an investigation that is redundant to 
17
an
investigation conducted by another State agency.
The rules 
18
shall establish criteria
for determining, based upon the nature 
19
of the allegation, the appropriate
method of investigation, 
20
which may include, but need not be limited to, site
visits, 
21
telephone contacts, or requests for written responses from 
22
agencies.
The rules shall also clarify how the Office of the 
23
Inspector General shall
interact with the licensing unit of the 
24
Department of Human Services in
investigations of
allegations 
25
of abuse or neglect.  Any allegations or investigations of 
26
reports
made pursuant to this Act shall
remain confidential 
27
until a final report is completed.
The resident or patient who 
28
allegedly was abused or neglected and his or her
legal guardian 
29
shall be informed by the facility or agency of the report of

30
alleged abuse or neglect.
Final reports
regarding 
31
unsubstantiated or unfounded allegations shall remain 
32
confidential,
except that final reports may be disclosed 
33
pursuant to Section 6 of this
Act.


34
    When the Office of the Inspector General has substantiated 
35
a case of abuse
or neglect, the Inspector General shall include 
36
in the final report any
mitigating or aggravating circumstances 
 


 






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that were identified during the
investigation.  Upon 
2
determination that a report of neglect is
substantiated, the 
3
Inspector General shall then determine whether such neglect

4
rises to the level of egregious neglect.


5
    (b) The Inspector General shall within 24 hours after 
6
receiving a
report of suspected abuse or neglect determine 
7
whether the evidence
indicates that any possible criminal act 
8
has been committed. If the Inspector General
he
determines that 
9
a possible criminal act has been committed, or that special

10
expertise is required in the investigation, the Inspector 
11
General
he shall immediately notify the
Department of State 
12
Police or the appropriate law enforcement entity.  The 
13
Department of State Police shall
investigate any report from a 
14
State-operated facility indicating a possible murder, rape, or 
15
other felony.
All investigations conducted by the Inspector 
16
General shall be conducted in
a manner designed to ensure the 
17
preservation of evidence for possible use
in a criminal 
18
prosecution.


19
    (b-5) The Inspector General shall make a determination to 
20
accept or reject
a preliminary report of the
investigation of 
21
alleged abuse or neglect based on established investigative

22
procedures.
Notice of the Inspector General's determination 
23
must be given to
the person who claims to be the victim of the 
24
abuse or neglect, to
the person
or persons alleged to have been 
25
responsible for abuse or neglect, and to the
facility or 
26
agency.
The facility or agency or the person or persons alleged

27
to
have been responsible
for the abuse or neglect and the 
28
person who claims to be the victim of the
abuse or neglect may 
29
request clarification or
reconsideration
based on additional 
30
information.  For cases where the allegation of abuse or
neglect 
31
is substantiated, the Inspector General shall require the 
32
facility or
agency to submit a written response.  The written 
33
response from a facility or
agency shall address in a concise 
34
and reasoned manner the actions
that the agency or facility 
35
will take or has taken to protect the resident or
patient from 
36
abuse or neglect, prevent reoccurrences, and eliminate 
 


 






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problems
identified and shall include implementation and 
2
completion dates for all such
action.


3
    (c) The Inspector General shall, within 10 calendar days 
4
after the
transmittal date of a completed investigation where 
5
abuse or neglect is
substantiated or administrative action is 
6
recommended, provide a complete
report on the case to the 
7
Secretary of Human Services and to the agency in
which the 
8
abuse or neglect is
alleged to have happened.
The complete 
9
report shall include a written response from the agency or

10
facility operated by the State to the Inspector General that 
11
addresses in a
concise and reasoned manner the actions that the 
12
agency or facility
will take or has taken to protect the 
13
resident or patient from abuse or
neglect, prevent 
14
reoccurrences, and eliminate problems identified and
shall 
15
include implementation and completion dates for all such 
16
action.  The
Secretary of Human Services shall accept or reject 
17
the
response and establish how the Department will determine 
18
whether the facility
or program followed the approved response.  
19
The Secretary may require
Department
personnel to visit the 
20
facility or agency for training, technical assistance,

21
programmatic, licensure, or certification purposes.  
22
Administrative action,
including sanctions, may be applied 
23
should the Secretary reject the response or
should the facility 
24
or agency fail to follow the approved response.
Within 30 days 
25
after the
Secretary has approved a response, the facility or 
26
agency making the response
shall provide an implementation 
27
report to the Inspector General on the status
of the corrective 
28
action
implemented. Within 60 days after the Secretary has 
29
approved the response,
the facility or agency shall send notice 
30
of the completion of the corrective
action or shall send an 
31
updated implementation report. The facility or agency
shall 
32
continue sending updated implementation reports every 60 days 
33
until the
facility or agency sends a notice of the completion 
34
of the corrective action.
The Inspector General shall review 
35
any implementation plan that takes more than
120 days. The 
36
Inspector General shall monitor compliance through a random

 


 






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review of completed corrective actions. This monitoring may 
2
include, but need
not be limited to, site visits, telephone 
3
contacts, or requests for written
documentation from the

4
facility or agency to determine whether the facility or agency 
5
is in
compliance with the approved response.  The facility or 
6
agency shall inform
the
resident or patient and the legal 
7
guardian whether the
reported allegation was substantiated, 
8
unsubstantiated, or unfounded.
 There shall be an appeals 
9
process for any person or
agency that is subject to any action 
10
based on a recommendation or
recommendations.


11
    (d) The Inspector General may recommend to the Departments 
12
of
Public Health and Human Services sanctions to be
imposed 
13
against mental health and developmental disabilities 
14
facilities
under the jurisdiction of the Department of Human 
15
Services for the protection
of residents,
including 
16
appointment of on-site monitors or receivers, transfer or 
17
relocation
of residents, and closure of units.  The Inspector 
18
General may seek the
assistance of the Attorney General or any 
19
of the several State's attorneys in
imposing such sanctions.  
20
Whenever the Inspector General issues any
recommendations to 
21
the Secretary of Human Services, the Secretary shall provide
a 
22
written response.


23
    (e) The Inspector General shall establish and conduct 
24
periodic
training programs for Department of Human Services 
25
employees concerning the
prevention and reporting of neglect 
26
and abuse.


27
    (f) The Inspector General shall at all times be granted 
28
access to any
mental health or developmental disabilities 
29
facility operated by the
Department of Human Services, shall 
30
establish and
conduct unannounced site visits to those 
31
facilities at least once annually,
and shall be granted access, 
32
for the purpose of investigating a report of abuse
or neglect, 
33
to the records of the Department of Human Services and to any

34
facility or program funded by the Department of Human Services 
35
that is
subject
under the provisions of this Section to 
36
investigation by the Inspector General
for a report of abuse or 
 


 






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neglect.


2
    (g) Nothing in this Section shall limit investigations by 
3
the
Department of Human Services that may
otherwise be required 
4
by law or that may be necessary in that Department's
capacity 
5
as the central administrative authority responsible for the

6
operation of State mental health and developmental disability 
7
facilities.


8
    (g-5) After notice and an opportunity for a hearing that is 
9
separate and
distinct
from the Office of the Inspector 
10
General's appeals process as implemented under
subsection (c) 
11
of this Section, the Inspector General shall report to the

12
Department of
Public Health's nurse aide registry under Section 
13
3-206.01 of the Nursing Home
Care Act
the identity of 
14
individuals against whom there has been a substantiated
finding 
15
of
physical or sexual
abuse or egregious neglect of a service 
16
recipient.


17
    Nothing in this subsection shall diminish or impair the 
18
rights of a person
who
is a
member of a collective bargaining 
19
unit pursuant to the Illinois
Public Labor
Relations Act or 
20
pursuant to any federal labor statute.
An individual who is a 
21
member of a collective bargaining unit as described
above shall 
22
not be reported to the Department of Public Health's nurse aide

23
registry until the exhaustion of that individual's grievance 
24
and arbitration
rights, or until 3 months after the initiation 
25
of the grievance process,
whichever occurs first, provided that 
26
the Department of Human
Services' hearing under
subsection (c), 
27
that is separate and
distinct from the Office of the Inspector 
28
General's
appeals process, has concluded.
Notwithstanding

29
anything
hereinafter or previously provided,
if an action taken 
30
by an employer against an individual as a result of the

31
circumstances that led to a finding of physical or sexual abuse 
32
or egregious
neglect is later overturned under a grievance or 
33
arbitration procedure provided
for in Section 8 of the Illinois 
34
Public Labor Relations Act or under a
collective bargaining 
35
agreement,
the report must be removed from the registry.


36
    The Department of Human Services shall promulgate or amend 
 


 






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rules as
necessary or appropriate to establish procedures for 
2
reporting to the registry,
including the definition of 
3
egregious neglect,
procedures
for notice to the individual and 
4
victim,
appeal and hearing procedures, and petition for
removal 
5
of
the report
from the registry.
The portion of the rules 
6
pertaining to hearings shall provide that, at the
hearing, both 
7
parties may present written and oral evidence.
The Department 
8
shall be required to establish by a preponderance of the

9
evidence that the Office of the Inspector General's finding of 
10
physical or
sexual abuse or egregious neglect warrants 
11
reporting to the Department of
Public Health's nurse aide 
12
registry under Section 3-206.01 of the Nursing Home
Care Act.


13
    Notice to the individual shall include a clear and concise 
14
statement of the
grounds
on which the report to the registry is 
15
based and notice of the opportunity for
a hearing to
contest 
16
the report. The Department of Human Services shall provide the 
17
notice
by
certified mail to the last known address of the 
18
individual. The notice shall
give the individual an opportunity 
19
to contest
the report in
a hearing before the Department of 
20
Human Services or to submit a written
response to the
findings 
21
instead of requesting a hearing.
If the individual does not 
22
request a hearing or if after notice
and
a hearing
the 
23
Department of Human Services finds that the report is valid, 
24
the finding
shall be included as part of the registry, as well 
25
as a brief statement from
the reported individual if he or she 
26
chooses to make a statement. The
Department of Public Health 
27
shall make available to the public information
reported to the 
28
registry.
In a case of inquiries concerning an individual 
29
listed
in the registry, any information disclosed concerning a 
30
finding of abuse or
neglect shall also include disclosure of 
31
the individual's brief statement in
the registry relating to 
32
the reported finding or include a clear and accurate
summary of 
33
the statement.


34
    At any time after the report of the registry, an individual 
35
may petition the
Department of Human Services for removal from 
36
the registry of the finding
against him or her.  Upon receipt of 
 


 






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such a petition, the Department of Human
Services shall conduct 
2
an investigation and hearing on the petition.  Upon
completion 
3
of the investigation and hearing, the Department of Human 
4
Services
shall
report the removal of the finding to the 
5
registry unless the Department of
Human Services determines 
6
that removal is not in the public interest.


7
(Source: P.A. 92-358, eff. 8-15-01; 92-473, eff. 1-1-02; 
8
92-651, eff. 7-11-02; 93-636, eff. 12-31-03.)

 



9
    (210 ILCS 30/10)  (from Ch. 111 1/2, par. 4170)


10
    Sec. 10. If, during the investigation of a report made 
11
pursuant to this
Act, the Department obtains information 
12
indicating possible criminal acts,
the Department shall refer 
13
the matter to the appropriate law enforcement
agency or 
14
agencies for further investigation or prosecution.  The 
15
Department
shall make the entire file of its investigation 
16
available to the appropriate
law enforcement agencies.

17
    With respect to reports of suspected abuse or neglect of 
18
residents of
facilities operated by the Department of Human 
19
Services (as successor to the
Department of Rehabilitation 
20
Services) or recipients of services through
any
home, 
21
institution, program or other entity licensed in whole or in 
22
part by the
Department of Human Services (as successor to the 
23
Department of
Rehabilitation Services), the Department shall 
24
refer reports indicating
possible
criminal acts to the 
25
Department of State Police or the appropriate law enforcement 
26
entity for investigation.

27
(Source: P.A. 89-507, eff. 7-1-97.)


 

28
    Section 99. Effective date. This Act takes effect upon 
29
becoming law.