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1 | | AN ACT concerning aging.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 1. Short title. This Act may be cited as the |
5 | | Vulnerable Adult Fatality Review Team Act. |
6 | | Section 5. State policy. The following statements are the |
7 | | policy of this State: |
8 | | (a) Both the State and the community maintain a |
9 | | commitment to preventing the abuse, neglect, and financial |
10 | | exploitation of vulnerable adults. This includes a charge |
11 | | to bring perpetrators of crimes against vulnerable adults |
12 | | to justice and prevent untimely deaths in the community.
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13 | | (b) When a vulnerable adult dies, the response by the |
14 | | community and the State to the death must include an |
15 | | accurate and complete determination of the cause of death, |
16 | | and the development and implementation of measures to |
17 | | prevent future deaths from similar causes.
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18 | | (c) Multidisciplinary and multi-agency reviews of |
19 | | deaths can assist the State and counties in (i) |
20 | | investigating the deaths of vulnerable adults, (ii) |
21 | | developing a greater understanding of the incidence and |
22 | | causes of pre-mature deaths and the methods for preventing |
23 | | those deaths, and (iii) identifying gaps in services to |
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1 | | vulnerable adults.
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2 | | (d) Access to information regarding the deceased and |
3 | | their families by multidisciplinary and multi-agency |
4 | | vulnerable adult fatality review teams is necessary in |
5 | | order to fulfill their purposes and duties.
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6 | | Section 10. Definitions. As used in this Act:
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7 | | (a) "Department" means the Department on Aging.
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8 | | (b) "Director" means the Director of the Department on |
9 | | Aging.
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10 | | (c) "Executive Council" means the Illinois Vulnerable |
11 | | Adult Fatality Review Teams Executive Council.
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12 | | (d) "Review team" means a vulnerable adult fatality review |
13 | | team appointed under this Act.
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14 | | (e) "Vulnerable adult" means
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15 | | (1) a person aged 18 through 59 who resides in a |
16 | | domestic living situation and whose physical or mental |
17 | | disability impairs his or her ability to seek or obtain |
18 | | protection from abuse, neglect, or exploitation;
or |
19 | | (2) a person 60 years of age or older who resides in a |
20 | | domestic living situation.
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21 | | Section 15. Vulnerable adult fatality review teams; |
22 | | establishment.
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23 | | (a) The Director, in consultation with the Executive |
24 | | Council, law enforcement, and other professionals who work in |
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1 | | the field of investigating, treating, or preventing abuse or |
2 | | neglect of vulnerable adults, shall appoint members to a |
3 | | minimum of one review team in each of the Department's 13 |
4 | | planning and service areas. The members of a review team shall |
5 | | be appointed for 2-year terms and shall be eligible for |
6 | | reappointment upon the expiration of the terms. The Director |
7 | | must fill any vacancy in a review team within 60 days after |
8 | | that vacancy occurs.
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9 | | (b) Each review team shall consist of at least one member |
10 | | from each of the following categories: |
11 | | (1) Physician knowledgeable about abuse and neglect of |
12 | | vulnerable adults.
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13 | | (2) Representative of the Department.
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14 | | (3) State's attorney or State's attorney's |
15 | | representative.
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16 | | (4) Representative of a local law enforcement agency.
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17 | | (5) Psychologist or psychiatrist.
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18 | | (6) Representative of a local health department.
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19 | | (7) Representative of a social service agency |
20 | | providing services for persons 60 years of age or older in |
21 | | domestic living situations.
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22 | | (8) Representative of a social service or health care |
23 | | agency that provides services to persons with mental |
24 | | illness, in a program whose accreditation to provide such |
25 | | services is recognized by the Office of Mental Health |
26 | | within the Department of Human Services.
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1 | | (9) Representative of a social service or health care |
2 | | agency that provides services to persons with |
3 | | developmental disabilities, in a program whose |
4 | | accreditation to provide such services is recognized by the |
5 | | Office of Developmental Disabilities within the Department |
6 | | of Human Services.
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7 | | (10) Coroner or forensic pathologist.
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8 | | (11) Representative of a local hospital, trauma |
9 | | center, or provider of emergency medical services.
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10 | | (12) Representative of the Department of State Police.
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11 | | (13) Representative of the Area Agency on Aging for the |
12 | | review team's planning and service area. |
13 | | (14) Representative of a forensic unit.
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14 | | Each review team may make recommendations to the Director |
15 | | concerning additional appointments.
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16 | | Each review team member must have demonstrated experience |
17 | | and an interest in investigating, treating, or preventing abuse |
18 | | or neglect of vulnerable adults.
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19 | | (c) Each review team shall select a chairperson from among |
20 | | its members. The chairperson shall also serve on the Illinois |
21 | | Vulnerable Adult Fatality Review Teams Executive Council.
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22 | | Section 20. Reviews of vulnerable adult deaths.
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23 | | (a) The review team shall review a case of a death of a |
24 | | vulnerable adult occurring in its planning and service area if: |
25 | | (1) the death involves blunt force trauma or an |
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1 | | undetermined manner or suspicious cause of death;
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2 | | (2) requested by the deceased's attending physician;
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3 | | (3) referred by a health care provider; or
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4 | | (4) the vulnerable adult was the subject of an open or |
5 | | closed case from a senior protective services agency, law |
6 | | enforcement agency, or State's Attorney's office that |
7 | | involves alleged or suspected abuse, neglect, or financial |
8 | | exploitation. |
9 | | A review team may also review other cases of deaths of |
10 | | vulnerable adults if the alleged abuse or neglect occurred |
11 | | while the person was residing in a domestic living situation. |
12 | | (b) A review team's purpose in conducting reviews of |
13 | | vulnerable adult deaths is to do all of the following: |
14 | | (1) Assist local agencies in identifying and reviewing |
15 | | suspicious deaths of vulnerable adult victims of alleged, |
16 | | suspected, or substantiated abuse or neglect in domestic |
17 | | living situations.
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18 | | (2) Facilitate communications between officials |
19 | | responsible for autopsies and inquests and persons |
20 | | involved in reporting or investigating alleged or |
21 | | suspected cases of abuse, neglect, or financial |
22 | | exploitation of vulnerable adults.
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23 | | (3) Evaluate means by which the death might have been |
24 | | prevented.
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25 | | (4) Report its findings to appropriate agencies and the |
26 | | Executive Council and make recommendations that may help to |
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1 | | reduce the number of vulnerable adult deaths caused by |
2 | | abuse or neglect.
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3 | | (c) A review team shall meet not less than 6 times a year |
4 | | to discuss cases for its possible review. Each review team, |
5 | | with the advice and consent of the Department, shall establish |
6 | | criteria to be used by review teams in discussing cases of |
7 | | alleged, suspected, or substantiated abuse or neglect of |
8 | | vulnerable adults for review.
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9 | | Section 25. Review team access to information.
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10 | | (a) Each entity's or individual's representative on the |
11 | | review team may share with other members of the review team |
12 | | information in the entity's or individual's possession |
13 | | concerning the decedent who is the subject of the review or |
14 | | concerning any person who was in contact with the decedent, as |
15 | | well as any other information deemed by the entity or |
16 | | individual to be pertinent to the review. Any such information |
17 | | shared by an entity's or individual's representative on the |
18 | | review team with other members of the review team is |
19 | | confidential. The intent of this subsection is to permit the |
20 | | disclosure to members of a review team of any information |
21 | | deemed confidential or privileged or prohibited from |
22 | | disclosure by any other provision of law. Release of a |
23 | | confidential communication between domestic violence advocates |
24 | | and a domestic violence victim shall be in accordance with |
25 | | subsection (d) of Section 227 of the Illinois Domestic Violence |
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1 | | Act of 1986 which allows for the waiver of privilege afforded |
2 | | to guardians, executors, or administrators of the estate of the |
3 | | domestic violence victim. This provision relating to the |
4 | | release of a confidential communication between domestic |
5 | | violence advocates and a domestic violence victim shall exclude |
6 | | adult protective service providers.
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7 | | (b) A coroner's or medical examiner's office may share with |
8 | | a review team medical records that have been made available to |
9 | | the coroner's or medical examiner's office in connection with |
10 | | that office's investigation of a death.
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11 | | Section 30. Public access to information.
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12 | | (a) Meetings of the review teams and the Executive Council |
13 | | shall be closed to the public. Meetings of the review teams and |
14 | | the Executive Council are not subject to the Open Meetings Act. |
15 | | (b) Records and information provided to a review team and |
16 | | the Executive Council, and records maintained by a team or the |
17 | | Executive Council, are confidential and are not subject to the |
18 | | Freedom of Information Act.
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19 | | (c) Any document or oral or written communication shared |
20 | | within or produced by a review team relating to a case |
21 | | discussed or reviewed by the review team is confidential, is |
22 | | not subject to discovery or subpoena, and is not admissible as |
23 | | evidence in any civil or criminal proceeding. Those records and |
24 | | information are, however, subject to discovery or a subpoena, |
25 | | and are admissible as evidence, to the extent they are |
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1 | | otherwise available to the public.
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2 | | (d) Any document or oral or written communication provided |
3 | | to a review team by an individual or entity, and created by |
4 | | that individual or entity solely for the use of the review |
5 | | team, is confidential, is not subject to discovery or subpoena, |
6 | | and is not admissible as evidence in any civil or criminal |
7 | | proceeding. Those records and information are, however, |
8 | | subject to discovery or a subpoena, and are admissible as |
9 | | evidence, to the extent they are otherwise available to the |
10 | | public.
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11 | | (e) Members of a review team and the Executive Council are |
12 | | not subject to examination, in any civil or criminal |
13 | | proceeding, concerning information presented to members of the |
14 | | review team or the Executive Council or opinions formed by |
15 | | members of the review team or the Executive Council based on |
16 | | that information. A person may, however, be examined concerning |
17 | | information provided to a review team or the Executive Council |
18 | | that is otherwise available to the public.
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19 | | Section 35. Indemnification. The State shall indemnify and |
20 | | hold harmless members of a review team and the Executive |
21 | | Council for all their acts, omissions, decisions, or other |
22 | | conduct arising out of the scope of their service on the review |
23 | | team or Executive Council, except those involving willful or |
24 | | wanton misconduct. The method of providing indemnification |
25 | | shall be as provided in the State Employee Indemnification Act. |
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1 | | Section 40. Illinois Vulnerable Adult Fatality Review |
2 | | Teams Executive Council.
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3 | | (a) The Illinois Vulnerable Adult Fatality Review Teams |
4 | | Executive Council, consisting of the chairpersons of all review |
5 | | teams in Illinois, is the coordinating and oversight body for |
6 | | review teams and activities in Illinois. The vice-chairperson |
7 | | of a review team, as designated by the chairperson, may serve |
8 | | as a back-up member or an alternate member of the Executive |
9 | | Council, if the chairperson of the review team is unavailable |
10 | | to serve on the Executive Council. The Inspector General of the |
11 | | Department, ex officio, is a non-voting member of the Executive |
12 | | Council. The Director may appoint to the Executive Council any |
13 | | ex-officio members deemed necessary. Persons with expertise |
14 | | needed by the Executive Council may be invited to meetings. The |
15 | | Executive Council must select from its members a chairperson |
16 | | and a vice-chairperson, each to serve a 2-year term.
The |
17 | | chairperson or vice-chairperson may be selected to serve |
18 | | additional, subsequent terms. The Executive Council must meet |
19 | | at least 4 times during each calendar year.
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20 | | (b) The Department must provide or arrange for the staff |
21 | | support necessary for the Executive Council to carry out its |
22 | | duties. The Director, in cooperation and consultation with the |
23 | | Executive Council, shall appoint, reappoint, and remove review |
24 | | team members.
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25 | | (c) The Executive Council has, but is not limited to, the |
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1 | | following duties:
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2 | | (1) To serve as the voice of review teams in Illinois. |
3 | | (2) To oversee the review teams in order to ensure that |
4 | | the review teams' work is coordinated and in compliance |
5 | | with State statutes and the operating protocol.
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6 | | (3) To ensure that the data, results, findings, and |
7 | | recommendations of the review teams are adequately used to |
8 | | make any necessary changes to the policies, procedures, and |
9 | | State statutes in order to protect vulnerable adults in a |
10 | | timely manner.
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11 | | (4) To collaborate with the Department in order to |
12 | | develop any legislation needed to prevent unnecessary |
13 | | deaths of vulnerable adults.
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14 | | (5) To assist in the development of quarterly and |
15 | | annual reports based on the work and the findings of the |
16 | | review teams.
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17 | | (6) To ensure that the review teams' review processes |
18 | | are standardized in order to convey data, findings, and |
19 | | recommendations in a usable format.
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20 | | (7) To serve as a link with review teams throughout the |
21 | | country and to participate in national review team |
22 | | activities.
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23 | | (8) To develop an annual statewide symposium to update |
24 | | the knowledge and skills of review team members and to |
25 | | promote the exchange of information between review teams.
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26 | | (9) To provide the review teams with the most current |
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1 | | information and practices concerning vulnerable adult |
2 | | death review and related topics.
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3 | | (10) To perform any other functions necessary to |
4 | | enhance the capability of the review teams to reduce and |
5 | | prevent vulnerable adult fatalities.
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6 | | (d) The Executive Council shall prepare an annual report, |
7 | | in consultation with the Department, using aggregate data |
8 | | gathered by review teams and using the review teams' |
9 | | recommendations to develop education, prevention, prosecution, |
10 | | or other strategies designed to improve the coordination of |
11 | | services for vulnerable adults and their families. The |
12 | | Executive Council shall send a copy of its annual report to |
13 | | each of the following:
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14 | | (1) The Governor. |
15 | | (2) The chairperson of each review team in the State. |
16 | | (e) In any instance when a review team does not operate in |
17 | | accordance with established protocol, the Director, in |
18 | | consultation and cooperation with the Executive Council, must |
19 | | take any necessary actions to bring the review team into |
20 | | compliance with the protocol.
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21 | | Section 45. Database. The Department or another State or |
22 | | county agency, in consultation with coroners, medical |
23 | | examiners, and law enforcement agencies, also may use aggregate |
24 | | data gathered by review teams to create a database of at-risk |
25 | | individuals. |
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1 | | Section 50. Administrative rules. The Department shall |
2 | | adopt such rules and regulations as it deems necessary to |
3 | | implement this Act. |
4 | | Section 55. The Open Meetings Act is amended by changing |
5 | | Section 2 as follows:
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6 | | (5 ILCS 120/2) (from Ch. 102, par. 42)
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7 | | Sec. 2. Open meetings.
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8 | | (a) Openness required. All meetings of public
bodies shall |
9 | | be open to the public unless excepted in subsection (c)
and |
10 | | closed in accordance with Section 2a.
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11 | | (b) Construction of exceptions. The exceptions contained |
12 | | in subsection
(c) are in derogation of the requirement that |
13 | | public bodies
meet in the open, and therefore, the exceptions |
14 | | are to be strictly
construed, extending only to subjects |
15 | | clearly within their scope.
The exceptions authorize but do not |
16 | | require the holding of
a closed meeting to discuss a subject |
17 | | included within an enumerated exception.
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18 | | (c) Exceptions. A public body may hold closed meetings to |
19 | | consider the
following subjects:
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20 | | (1) The appointment, employment, compensation, |
21 | | discipline, performance,
or dismissal of specific |
22 | | employees of the public body or legal counsel for
the |
23 | | public body, including hearing
testimony on a complaint |
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1 | | lodged against an employee of the public body or
against |
2 | | legal counsel for the public body to determine its |
3 | | validity.
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4 | | (2) Collective negotiating matters between the public |
5 | | body and its
employees or their representatives, or |
6 | | deliberations concerning salary
schedules for one or more |
7 | | classes of employees.
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8 | | (3) The selection of a person to fill a public office,
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9 | | as defined in this Act, including a vacancy in a public |
10 | | office, when the public
body is given power to appoint |
11 | | under law or ordinance, or the discipline,
performance or |
12 | | removal of the occupant of a public office, when the public |
13 | | body
is given power to remove the occupant under law or |
14 | | ordinance.
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15 | | (4) Evidence or testimony presented in open hearing, or |
16 | | in closed
hearing where specifically authorized by law, to
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17 | | a quasi-adjudicative body, as defined in this Act, provided |
18 | | that the body
prepares and makes available for public |
19 | | inspection a written decision
setting forth its |
20 | | determinative reasoning.
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21 | | (5) The purchase or lease of real property for the use |
22 | | of
the public body, including meetings held for the purpose |
23 | | of discussing
whether a particular parcel should be |
24 | | acquired.
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25 | | (6) The setting of a price for sale or lease of |
26 | | property owned
by the public body.
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1 | | (7) The sale or purchase of securities, investments, or |
2 | | investment
contracts. This exception shall not apply to the |
3 | | investment of assets or income of funds deposited into the |
4 | | Illinois Prepaid Tuition Trust Fund.
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5 | | (8) Security procedures and the use of personnel and
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6 | | equipment to respond to an actual, a threatened, or a |
7 | | reasonably
potential danger to the safety of employees, |
8 | | students, staff, the public, or
public
property.
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9 | | (9) Student disciplinary cases.
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10 | | (10) The placement of individual students in special |
11 | | education
programs and other matters relating to |
12 | | individual students.
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13 | | (11) Litigation, when an action against, affecting or |
14 | | on behalf of the
particular public body has been filed and |
15 | | is pending before a court or
administrative tribunal, or |
16 | | when the public body finds that an action is
probable or |
17 | | imminent, in which case the basis for the finding shall be
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18 | | recorded and entered into the minutes of the closed |
19 | | meeting.
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20 | | (12) The establishment of reserves or settlement of |
21 | | claims as provided
in the Local Governmental and |
22 | | Governmental Employees Tort Immunity Act, if
otherwise the |
23 | | disposition of a claim or potential claim might be
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24 | | prejudiced, or the review or discussion of claims, loss or |
25 | | risk management
information, records, data, advice or |
26 | | communications from or with respect
to any insurer of the |
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1 | | public body or any intergovernmental risk management
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2 | | association or self insurance pool of which the public body |
3 | | is a member.
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4 | | (13) Conciliation of complaints of discrimination in |
5 | | the sale or rental
of housing, when closed meetings are |
6 | | authorized by the law or ordinance
prescribing fair housing |
7 | | practices and creating a commission or
administrative |
8 | | agency for their enforcement.
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9 | | (14) Informant sources, the hiring or assignment of |
10 | | undercover personnel
or equipment, or ongoing, prior or |
11 | | future criminal investigations, when
discussed by a public |
12 | | body with criminal investigatory responsibilities.
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13 | | (15) Professional ethics or performance when |
14 | | considered by an advisory
body appointed to advise a |
15 | | licensing or regulatory agency on matters
germane to the |
16 | | advisory body's field of competence.
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17 | | (16) Self evaluation, practices and procedures or |
18 | | professional ethics,
when meeting with a representative of |
19 | | a statewide association of which the
public body is a |
20 | | member.
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21 | | (17) The recruitment, credentialing, discipline or |
22 | | formal peer review
of physicians or other
health care |
23 | | professionals for a hospital, or
other institution |
24 | | providing medical care, that is operated by the public |
25 | | body.
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26 | | (18) Deliberations for decisions of the Prisoner |
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1 | | Review Board.
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2 | | (19) Review or discussion of applications received |
3 | | under the
Experimental Organ Transplantation Procedures |
4 | | Act.
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5 | | (20) The classification and discussion of matters |
6 | | classified as
confidential or continued confidential by |
7 | | the State Government Suggestion Award
Board.
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8 | | (21) Discussion of minutes of meetings lawfully closed |
9 | | under this Act,
whether for purposes of approval by the |
10 | | body of the minutes or semi-annual
review of the minutes as |
11 | | mandated by Section 2.06.
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12 | | (22) Deliberations for decisions of the State
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13 | | Emergency Medical Services Disciplinary
Review Board.
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14 | | (23) The operation by a municipality of a municipal |
15 | | utility or the
operation of a
municipal power agency or |
16 | | municipal natural gas agency when the
discussion involves |
17 | | (i) contracts relating to the
purchase, sale, or delivery |
18 | | of electricity or natural gas or (ii) the results
or |
19 | | conclusions of load forecast studies.
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20 | | (24) Meetings of a residential health care facility |
21 | | resident sexual
assault and death review
team or
the |
22 | | Executive
Council under the Abuse Prevention Review
Team |
23 | | Act.
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24 | | (25) Meetings of an independent team of experts under |
25 | | Brian's Law. |
26 | | (26) Meetings of a mortality review team appointed |
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1 | | under the Department of Juvenile Justice Mortality Review |
2 | | Team Act. |
3 | | (27) Confidential information, when discussed by one |
4 | | or more members of an elder abuse fatality review team, |
5 | | designated under Section 15 of the Elder Abuse and Neglect |
6 | | Act, while participating in a review conducted by that team |
7 | | of the death of an elderly person in which abuse or neglect |
8 | | is suspected, alleged, or substantiated; provided that |
9 | | before the review team holds a closed meeting, or closes an |
10 | | open meeting, to discuss the confidential information, |
11 | | each participating review team member seeking to disclose |
12 | | the confidential information in the closed meeting or |
13 | | closed portion of the meeting must state on the record |
14 | | during an open meeting or the open portion of a meeting the |
15 | | nature of the information to be disclosed and the legal |
16 | | basis for otherwise holding that information confidential. |
17 | | (28) Correspondence and records (i) that may not be |
18 | | disclosed under Section 11-9 of the Public Aid Code or (ii) |
19 | | that pertain to appeals under Section 11-8 of the Public |
20 | | Aid Code. |
21 | | (29) Meetings between internal or external auditors |
22 | | and governmental audit committees, finance committees, and |
23 | | their equivalents, when the discussion involves internal |
24 | | control weaknesses, identification of potential fraud risk |
25 | | areas, known or suspected frauds, and fraud interviews |
26 | | conducted in accordance with generally accepted auditing |
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1 | | standards of the United States of America. |
2 | | (30) Meetings of a vulnerable adult fatality review |
3 | | team or the Illinois Vulnerable Adult Fatality Review Teams |
4 | | Executive Council under the Vulnerable Adult Fatality |
5 | | Review Team Act. |
6 | | (d) Definitions. For purposes of this Section:
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7 | | "Employee" means a person employed by a public body whose |
8 | | relationship
with the public body constitutes an |
9 | | employer-employee relationship under
the usual common law |
10 | | rules, and who is not an independent contractor.
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11 | | "Public office" means a position created by or under the
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12 | | Constitution or laws of this State, the occupant of which is |
13 | | charged with
the exercise of some portion of the sovereign |
14 | | power of this State. The term
"public office" shall include |
15 | | members of the public body, but it shall not
include |
16 | | organizational positions filled by members thereof, whether
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17 | | established by law or by a public body itself, that exist to |
18 | | assist the
body in the conduct of its business.
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19 | | "Quasi-adjudicative body" means an administrative body |
20 | | charged by law or
ordinance with the responsibility to conduct |
21 | | hearings, receive evidence or
testimony and make |
22 | | determinations based
thereon, but does not include
local |
23 | | electoral boards when such bodies are considering petition |
24 | | challenges.
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25 | | (e) Final action. No final action may be taken at a closed |
26 | | meeting.
Final action shall be preceded by a public recital of |
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1 | | the nature of the
matter being considered and other information |
2 | | that will inform the
public of the business being conducted.
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3 | | (Source: P.A. 96-1235, eff. 1-1-11; 96-1378, eff. 7-29-10; |
4 | | 96-1428, eff. 8-11-10; 97-318, eff. 1-1-12; 97-333, eff. |
5 | | 8-12-11; 97-452, eff. 8-19-11; 97-813, eff. 7-13-12; 97-876, |
6 | | eff. 8-1-12.)
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7 | | Section 60. The Freedom of Information Act is amended by |
8 | | changing Section 7.5 as follows: |
9 | | (5 ILCS 140/7.5) |
10 | | Sec. 7.5. Statutory Exemptions. To the extent provided for |
11 | | by the statutes referenced below, the following shall be exempt |
12 | | from inspection and copying: |
13 | | (a) All information determined to be confidential under |
14 | | Section 4002 of the Technology Advancement and Development Act. |
15 | | (b) Library circulation and order records identifying |
16 | | library users with specific materials under the Library Records |
17 | | Confidentiality Act. |
18 | | (c) Applications, related documents, and medical records |
19 | | received by the Experimental Organ Transplantation Procedures |
20 | | Board and any and all documents or other records prepared by |
21 | | the Experimental Organ Transplantation Procedures Board or its |
22 | | staff relating to applications it has received. |
23 | | (d) Information and records held by the Department of |
24 | | Public Health and its authorized representatives relating to |
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1 | | known or suspected cases of sexually transmissible disease or |
2 | | any information the disclosure of which is restricted under the |
3 | | Illinois Sexually Transmissible Disease Control Act. |
4 | | (e) Information the disclosure of which is exempted under |
5 | | Section 30 of the Radon Industry Licensing Act. |
6 | | (f) Firm performance evaluations under Section 55 of the |
7 | | Architectural, Engineering, and Land Surveying Qualifications |
8 | | Based Selection Act. |
9 | | (g) Information the disclosure of which is restricted and |
10 | | exempted under Section 50 of the Illinois Prepaid Tuition Act. |
11 | | (h) Information the disclosure of which is exempted under |
12 | | the State Officials and Employees Ethics Act, and records of |
13 | | any lawfully created State or local inspector general's office |
14 | | that would be exempt if created or obtained by an Executive |
15 | | Inspector General's office under that Act. |
16 | | (i) Information contained in a local emergency energy plan |
17 | | submitted to a municipality in accordance with a local |
18 | | emergency energy plan ordinance that is adopted under Section |
19 | | 11-21.5-5 of the Illinois Municipal Code. |
20 | | (j) Information and data concerning the distribution of |
21 | | surcharge moneys collected and remitted by wireless carriers |
22 | | under the Wireless Emergency Telephone Safety Act. |
23 | | (k) Law enforcement officer identification information or |
24 | | driver identification information compiled by a law |
25 | | enforcement agency or the Department of Transportation under |
26 | | Section 11-212 of the Illinois Vehicle Code. |
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1 | | (l) Records and information provided to a residential |
2 | | health care facility resident sexual assault and death review |
3 | | team or the Executive Council under the Abuse Prevention Review |
4 | | Team Act. |
5 | | (m) Information provided to the predatory lending database |
6 | | created pursuant to Article 3 of the Residential Real Property |
7 | | Disclosure Act, except to the extent authorized under that |
8 | | Article. |
9 | | (n) Defense budgets and petitions for certification of |
10 | | compensation and expenses for court appointed trial counsel as |
11 | | provided under Sections 10 and 15 of the Capital Crimes |
12 | | Litigation Act. This subsection (n) shall apply until the |
13 | | conclusion of the trial of the case, even if the prosecution |
14 | | chooses not to pursue the death penalty prior to trial or |
15 | | sentencing. |
16 | | (o) Information that is prohibited from being disclosed |
17 | | under Section 4 of the Illinois Health and Hazardous Substances |
18 | | Registry Act. |
19 | | (p) Security portions of system safety program plans, |
20 | | investigation reports, surveys, schedules, lists, data, or |
21 | | information compiled, collected, or prepared by or for the |
22 | | Regional Transportation Authority under Section 2.11 of the |
23 | | Regional Transportation Authority Act or the St. Clair County |
24 | | Transit District under the Bi-State Transit Safety Act. |
25 | | (q) Information prohibited from being disclosed by the |
26 | | Personnel Records Review Act. |
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1 | | (r) Information prohibited from being disclosed by the |
2 | | Illinois School Student Records Act. |
3 | | (s) Information the disclosure of which is restricted under |
4 | | Section 5-108 of the Public Utilities Act.
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5 | | (t) All identified or deidentified health information in |
6 | | the form of health data or medical records contained in, stored |
7 | | in, submitted to, transferred by, or released from the Illinois |
8 | | Health Information Exchange, and identified or deidentified |
9 | | health information in the form of health data and medical |
10 | | records of the Illinois Health Information Exchange in the |
11 | | possession of the Illinois Health Information Exchange |
12 | | Authority due to its administration of the Illinois Health |
13 | | Information Exchange. The terms "identified" and |
14 | | "deidentified" shall be given the same meaning as in the Health |
15 | | Insurance Accountability and Portability Act of 1996, Public |
16 | | Law 104-191, or any subsequent amendments thereto, and any |
17 | | regulations promulgated thereunder. |
18 | | (u) Records and information provided to an independent team |
19 | | of experts under Brian's Law. |
20 | | (v) Names and information of people who have applied for or |
21 | | received Firearm Owner's Identification Cards under the |
22 | | Firearm Owners Identification Card Act. |
23 | | (w) Personally identifiable information which is exempted |
24 | | from disclosure under subsection (g) of Section 19.1 of the |
25 | | Toll Highway Act. |
26 | | (x) Information which is exempted from disclosure under |
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1 | | Section 5-1014.3 of the Counties Code or Section 8-11-21 of the |
2 | | Illinois Municipal Code. |
3 | | (y) Records and information provided to a vulnerable adult |
4 | | fatality review team or the Illinois Vulnerable Adult Fatality |
5 | | Review Teams Executive Council under the Vulnerable Adult |
6 | | Fatality Review Team Act. |
7 | | (Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11; |
8 | | 96-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff. |
9 | | 8-12-11; 97-342, eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, |
10 | | eff. 1-1-13.) |
11 | | (320 ILCS 20/15 rep.) |
12 | | Section 65. The Elder Abuse and Neglect Act is amended by |
13 | | repealing Section 15.
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14 | | Section 99. Effective date. This Act takes effect upon |
15 | | becoming law.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | New Act | |
| 4 | | 5 ILCS 120/2 | from Ch. 102, par. 42 |
| 5 | | 5 ILCS 140/7.5 | | | 6 | | 320 ILCS 20/15 rep. | |
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