96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB2806


 
Introduced 1/28/2010, by Sen. William Delgado
 
SYNOPSIS AS INTRODUCED:
 		





 








210 ILCS 30/6
  from Ch. 111 1/2, par. 4166








     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.
  















LRB096 17712 KTG 33077 b

















 


 


A BILL FOR









 




  






SB2806

LRB096 17712 KTG 33077 b





  
1
    AN ACT concerning regulation.
  
 
2
    Be it enacted by the People of the State of Illinois,
 
3
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:
 


7
    (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 
 


 






SB2806
- 2 -
LRB096 17712 KTG 33077 b




1
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 
 


 






SB2806
- 3 -
LRB096 17712 KTG 33077 b




1
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

 


 






SB2806
- 4 -
LRB096 17712 KTG 33077 b




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 
 


 






SB2806
- 5 -
LRB096 17712 KTG 33077 b




1
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.

 


 






SB2806
- 6 -
LRB096 17712 KTG 33077 b




1
    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.

 


 






SB2806
- 7 -
LRB096 17712 KTG 33077 b




1
(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 
 


 






SB2806
- 13 -
LRB096 17712 KTG 33077 b




1
made by this Act or (ii) provisions derived from any other 
2
Public Act.
 
 
3
    Section 99. Effective date. This Act takes effect upon 
4
becoming law.