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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB2429 Introduced 2/9/2016, by Sen. Tim Bivins SYNOPSIS AS INTRODUCED: |
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Amends the Department of Human Services Act. In a provision concerning investigative reports issued by the Office of the Inspector General, permits the Inspector General to release, on a case-by-case basis, an investigative report and the raw data used to compile the report to a local law enforcement entity or a State's Attorney's office upon written request. Corrects a spelling error in the definition of "egregious neglect". Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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1 | | AN ACT concerning State government.
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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 5. The Department of Human Services Act is amended |
5 | | by changing Section 1-17 as follows:
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6 | | (20 ILCS 1305/1-17)
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7 | | Sec. 1-17. Inspector General. |
8 | | (a) Nature and purpose. It is the express intent of the |
9 | | General Assembly to ensure the health, safety, and financial |
10 | | condition of individuals receiving services in this State due |
11 | | to mental illness, developmental disability, or both by |
12 | | protecting those persons from acts of abuse, neglect, or both |
13 | | by service providers. To that end, the Office of the Inspector |
14 | | General for the Department of Human Services is created to |
15 | | investigate and report upon allegations of the abuse, neglect, |
16 | | or financial exploitation of individuals receiving services |
17 | | within mental health facilities, developmental disabilities |
18 | | facilities, and community agencies operated, licensed, funded |
19 | | or certified by the Department of Human Services, but not |
20 | | licensed or certified by any other State agency. |
21 | | (b) Definitions. The following definitions apply to this |
22 | | Section: |
23 | | "Adult student with a disability" means an adult student, |
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1 | | age 18 through 21, inclusive, with an Individual Education |
2 | | Program, other than a resident of a facility licensed by the |
3 | | Department of Children and Family Services in accordance with |
4 | | the Child Care Act of 1969. For purposes of this definition, |
5 | | "through age 21, inclusive", means through the day before the |
6 | | student's 22nd birthday. |
7 | | "Agency" or "community agency" means (i) a community agency |
8 | | licensed, funded, or certified by the Department, but not |
9 | | licensed or certified by any other human services agency of the |
10 | | State, to provide mental health service or developmental |
11 | | disabilities service, or (ii) a program licensed, funded, or |
12 | | certified by the Department, but not licensed or certified by |
13 | | any other human services agency of the State, to provide mental |
14 | | health service or developmental disabilities service. |
15 | | "Aggravating circumstance" means a factor that is |
16 | | attendant to a finding and that tends to compound or increase |
17 | | the culpability of the accused. |
18 | | "Allegation" means an assertion, complaint, suspicion, or |
19 | | incident involving any of the following conduct by an employee, |
20 | | facility, or agency against an individual or individuals: |
21 | | mental abuse, physical abuse, sexual abuse, neglect, or |
22 | | financial exploitation. |
23 | | "Day" means working day, unless otherwise specified. |
24 | | "Deflection" means a situation in which an individual is |
25 | | presented for admission to a facility or agency, and the |
26 | | facility staff or agency staff do not admit the individual. |
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1 | | "Deflection" includes triage, redirection, and denial of |
2 | | admission. |
3 | | "Department" means the Department of Human Services. |
4 | | "Developmental disability" means "developmental |
5 | | disability" as defined in the Mental Health and Developmental |
6 | | Disabilities Code. |
7 | | "Egregious neglect" means a finding of neglect as |
8 | | determined by the Inspector General that (i) represents a gross |
9 | | failure to adequately provide for, or a callous callused |
10 | | indifference to, the health, safety, or medical needs of an |
11 | | individual and (ii) results in an individual's death or other |
12 | | serious deterioration of an individual's physical condition or |
13 | | mental condition. |
14 | | "Employee" means any person who provides services at the |
15 | | facility or agency on-site or off-site. The service |
16 | | relationship can be with the individual or with the facility or |
17 | | agency. Also, "employee" includes any employee or contractual |
18 | | agent of the Department of Human Services or the community |
19 | | agency involved in providing or monitoring or administering |
20 | | mental health or developmental disability services. This |
21 | | includes but is not limited to: owners, operators, payroll |
22 | | personnel, contractors, subcontractors, and volunteers. |
23 | | "Facility" or "State-operated facility" means a mental |
24 | | health facility or developmental disabilities facility |
25 | | operated by the Department. |
26 | | "Financial exploitation" means taking unjust advantage of |
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1 | | an individual's assets, property, or financial resources |
2 | | through deception, intimidation, or conversion for the |
3 | | employee's, facility's, or agency's own advantage or benefit. |
4 | | "Finding" means the Office of Inspector General's |
5 | | determination regarding whether an allegation is |
6 | | substantiated, unsubstantiated, or unfounded. |
7 | | "Health care worker registry" or "registry" means the |
8 | | health care worker registry created by the Nursing Home Care |
9 | | Act. |
10 | | "Individual" means any person receiving mental health |
11 | | service, developmental disabilities service, or both from a |
12 | | facility or agency, while either on-site or off-site. |
13 | | "Mental abuse" means the use of demeaning, intimidating, or |
14 | | threatening words, signs, gestures, or other actions by an |
15 | | employee about an individual and in the presence of an |
16 | | individual or individuals that results in emotional distress or |
17 | | maladaptive behavior, or could have resulted in emotional |
18 | | distress or maladaptive behavior, for any individual present. |
19 | | "Mental illness" means "mental illness" as defined in the |
20 | | Mental Health and Developmental Disabilities Code. |
21 | | "Mentally ill" means having a mental illness. |
22 | | "Mitigating circumstance" means a condition that (i) is |
23 | | attendant to a finding, (ii) does not excuse or justify the |
24 | | conduct in question, but (iii) may be considered in evaluating |
25 | | the severity of the conduct, the culpability of the accused, or |
26 | | both the severity of the conduct and the culpability of the |
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1 | | accused. |
2 | | "Neglect" means an employee's, agency's, or facility's |
3 | | failure to provide adequate medical care, personal care, or |
4 | | maintenance and that, as a consequence, (i) causes an |
5 | | individual pain, injury, or emotional distress, (ii) results in |
6 | | either an individual's maladaptive behavior or the |
7 | | deterioration of an individual's physical condition or mental |
8 | | condition, or (iii) places the individual's health or safety at |
9 | | substantial risk. |
10 | | "Person with a developmental disability" means a person |
11 | | having a developmental disability. |
12 | | "Physical abuse" means an employee's non-accidental and |
13 | | inappropriate contact with an individual that causes bodily |
14 | | harm. "Physical abuse" includes actions that cause bodily harm |
15 | | as a result of an employee directing an individual or person to |
16 | | physically abuse another individual. |
17 | | "Recommendation" means an admonition, separate from a |
18 | | finding, that requires action by the facility, agency, or |
19 | | Department to correct a systemic issue, problem, or deficiency |
20 | | identified during an investigation. |
21 | | "Required reporter" means any employee who suspects, |
22 | | witnesses, or is informed of an allegation of any one or more |
23 | | of the following: mental abuse, physical abuse, sexual abuse, |
24 | | neglect, or financial exploitation. |
25 | | "Secretary" means the Chief Administrative Officer of the |
26 | | Department. |
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1 | | "Sexual abuse" means any sexual contact or intimate |
2 | | physical contact between an employee and an individual, |
3 | | including an employee's coercion or encouragement of an |
4 | | individual to engage in sexual behavior that results in sexual |
5 | | contact, intimate physical contact, sexual behavior, or |
6 | | intimate physical behavior. Sexual abuse also includes (i) an |
7 | | employee's actions that result in the sending or showing of |
8 | | sexually explicit images to an individual via computer, |
9 | | cellular phone, electronic mail, portable electronic device, |
10 | | or other media with or without contact with the individual or |
11 | | (ii) an employee's posting of sexually explicit images of an |
12 | | individual online or elsewhere whether or not there is contact |
13 | | with the individual. |
14 | | "Sexually explicit images" includes, but is not limited to, |
15 | | any material which depicts nudity, sexual conduct, or |
16 | | sado-masochistic abuse, or which contains explicit and |
17 | | detailed verbal descriptions or narrative accounts of sexual |
18 | | excitement, sexual conduct, or sado-masochistic abuse. |
19 | | "Substantiated" means there is a preponderance of the |
20 | | evidence to support the allegation. |
21 | | "Unfounded" means there is no credible evidence to support |
22 | | the allegation. |
23 | | "Unsubstantiated" means there is credible evidence, but |
24 | | less than a preponderance of evidence to support the |
25 | | allegation. |
26 | | (c) Appointment. The Governor shall appoint, and the Senate |
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1 | | shall confirm, an Inspector General. The Inspector General |
2 | | shall be appointed for a term of 4 years and shall function |
3 | | within the Department of Human Services and report to the |
4 | | Secretary and the Governor. |
5 | | (d) Operation and appropriation. The Inspector General |
6 | | shall function independently within the Department with |
7 | | respect to the operations of the Office, including the |
8 | | performance of investigations and issuance of findings and |
9 | | recommendations. The appropriation for the Office of Inspector |
10 | | General shall be separate from the overall appropriation for |
11 | | the Department. |
12 | | (e) Powers and duties. The Inspector General shall |
13 | | investigate reports of suspected mental abuse, physical abuse, |
14 | | sexual abuse, neglect, or financial exploitation of |
15 | | individuals in any mental health or developmental disabilities |
16 | | facility or agency and shall have authority to take immediate |
17 | | action to prevent any one or more of the following from |
18 | | happening to individuals under its jurisdiction: mental abuse, |
19 | | physical abuse, sexual abuse, neglect, or financial |
20 | | exploitation. Upon written request of an agency of this State, |
21 | | the Inspector General may assist another agency of the State in |
22 | | investigating reports of the abuse, neglect, or abuse and |
23 | | neglect of persons with mental illness, persons with |
24 | | developmental disabilities, or persons with both. To comply |
25 | | with the requirements of subsection (k) of this Section, the |
26 | | Inspector General shall also review all reportable deaths for |
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1 | | which there is no allegation of abuse or neglect. Nothing in |
2 | | this Section shall preempt any duties of the Medical Review |
3 | | Board set forth in the Mental Health and Developmental |
4 | | Disabilities Code. The Inspector General shall have no |
5 | | authority to investigate alleged violations of the State |
6 | | Officials and Employees Ethics Act. Allegations of misconduct |
7 | | under the State Officials and Employees Ethics Act shall be |
8 | | referred to the Office of the Governor's Executive Inspector |
9 | | General for investigation. |
10 | | (f) Limitations. The Inspector General shall not conduct an |
11 | | investigation within an agency or facility if that |
12 | | investigation would be redundant to or interfere with an |
13 | | investigation conducted by another State agency. The Inspector |
14 | | General shall have no supervision over, or involvement in, the |
15 | | routine programmatic, licensing, funding, or certification |
16 | | operations of the Department. Nothing in this subsection limits |
17 | | investigations by the Department that may otherwise be required |
18 | | by law or that may be necessary in the Department's capacity as |
19 | | central administrative authority responsible for the operation |
20 | | of the State's mental health and developmental disabilities |
21 | | facilities. |
22 | | (g) Rulemaking authority. The Inspector General shall |
23 | | promulgate rules establishing minimum requirements for |
24 | | reporting allegations as well as for initiating, conducting, |
25 | | and completing investigations based upon the nature of the |
26 | | allegation or allegations. The rules shall clearly establish |
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1 | | that if 2 or more State agencies could investigate an |
2 | | allegation, the Inspector General shall not conduct an |
3 | | investigation that would be redundant to, or interfere with, an |
4 | | investigation conducted by another State agency. The rules |
5 | | shall further clarify the method and circumstances under which |
6 | | the Office of Inspector General may interact with the |
7 | | licensing, funding, or certification units of the Department in |
8 | | preventing further occurrences of mental abuse, physical |
9 | | abuse, sexual abuse, neglect, egregious neglect, and financial |
10 | | exploitation. |
11 | | (h) Training programs. The Inspector General shall (i) |
12 | | establish a comprehensive program to ensure that every person |
13 | | authorized to conduct investigations receives ongoing training |
14 | | relative to investigation techniques, communication skills, |
15 | | and the appropriate means of interacting with persons receiving |
16 | | treatment for mental illness, developmental disability, or |
17 | | both mental illness and developmental disability, and (ii) |
18 | | establish and conduct periodic training programs for facility |
19 | | and agency employees concerning the prevention and reporting of |
20 | | any one or more of the following: mental abuse, physical abuse, |
21 | | sexual abuse, neglect, egregious neglect, or financial |
22 | | exploitation. Nothing in this Section shall be deemed to |
23 | | prevent the Office of Inspector General from conducting any |
24 | | other training as determined by the Inspector General to be |
25 | | necessary or helpful. |
26 | | (i) Duty to cooperate. |
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1 | | (1) The Inspector General shall at all times be granted |
2 | | access to any facility or agency for the purpose of |
3 | | investigating any allegation, conducting unannounced site |
4 | | visits, monitoring compliance with a written response, or |
5 | | completing any other statutorily assigned duty. The |
6 | | Inspector General shall conduct unannounced site visits to |
7 | | each facility at least annually for the purpose of |
8 | | reviewing and making recommendations on systemic issues |
9 | | relative to preventing, reporting, investigating, and |
10 | | responding to all of the following: mental abuse, physical |
11 | | abuse, sexual abuse, neglect, egregious neglect, or |
12 | | financial exploitation. |
13 | | (2) Any employee who fails to cooperate with an Office |
14 | | of the Inspector General investigation is in violation of |
15 | | this Act. Failure to cooperate with an investigation |
16 | | includes, but is not limited to, any one or more of the |
17 | | following: (i) creating and transmitting a false report to |
18 | | the Office of the Inspector General hotline, (ii) providing |
19 | | false information to an Office of the Inspector General |
20 | | Investigator during an investigation, (iii) colluding with |
21 | | other employees to cover up evidence, (iv) colluding with |
22 | | other employees to provide false information to an Office |
23 | | of the Inspector General investigator, (v) destroying |
24 | | evidence, (vi) withholding evidence, or (vii) otherwise |
25 | | obstructing an Office of the Inspector General |
26 | | investigation. Additionally, any employee who, during an |
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1 | | unannounced site visit or written response compliance |
2 | | check, fails to cooperate with requests from the Office of |
3 | | the Inspector General is in violation of this Act. |
4 | | (j) Subpoena powers. The Inspector General shall have the |
5 | | power to subpoena witnesses and compel the production of all |
6 | | documents and physical evidence relating to his or her |
7 | | investigations and any hearings authorized by this Act. This |
8 | | subpoena power shall not extend to persons or documents of a |
9 | | labor organization or its representatives insofar as the |
10 | | persons are acting in a representative capacity to an employee |
11 | | whose conduct is the subject of an investigation or the |
12 | | documents relate to that representation. Any person who |
13 | | otherwise fails to respond to a subpoena or who knowingly |
14 | | provides false information to the Office of the Inspector |
15 | | General by subpoena during an investigation is guilty of a |
16 | | Class A misdemeanor. |
17 | | (k) Reporting allegations and deaths. |
18 | | (1) Allegations. If an employee witnesses, is told of, |
19 | | or has reason to believe an incident of mental abuse, |
20 | | physical abuse, sexual abuse, neglect, or financial |
21 | | exploitation has occurred, the employee, agency, or |
22 | | facility shall report the allegation by phone to the Office |
23 | | of the Inspector General hotline according to the agency's |
24 | | or facility's procedures, but in no event later than 4 |
25 | | hours after the initial discovery of the incident, |
26 | | allegation, or suspicion of any one or more of the |
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1 | | following: mental abuse, physical abuse, sexual abuse, |
2 | | neglect, or financial exploitation. A required reporter as |
3 | | defined in subsection (b) of this Section who knowingly or |
4 | | intentionally fails to comply with these reporting |
5 | | requirements is guilty of a Class A misdemeanor. |
6 | | (2) Deaths. Absent an allegation, a required reporter |
7 | | shall, within 24 hours after initial discovery, report by |
8 | | phone to the Office of the Inspector General hotline each |
9 | | of the following: |
10 | | (i) Any death of an individual occurring within 14 |
11 | | calendar days after discharge or transfer of the |
12 | | individual from a residential program or facility. |
13 | | (ii) Any death of an individual occurring within 24 |
14 | | hours after deflection from a residential program or |
15 | | facility. |
16 | | (iii) Any other death of an individual occurring at |
17 | | an agency or facility or at any Department-funded site. |
18 | | (3) Retaliation. It is a violation of this Act for any |
19 | | employee or administrator of an agency or facility to take |
20 | | retaliatory action against an employee who acts in good |
21 | | faith in conformance with his or her duties as a required |
22 | | reporter. |
23 | | (l) Reporting to law enforcement. |
24 | | (1) Reporting criminal acts. Within 24 hours after |
25 | | determining that there is credible evidence indicating |
26 | | that a criminal act may have been committed or that special |
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1 | | expertise may be required in an investigation, the |
2 | | Inspector General shall notify the Department of State |
3 | | Police or other appropriate law enforcement authority, or |
4 | | ensure that such notification is made. The Department of |
5 | | State Police shall investigate any report from a |
6 | | State-operated facility indicating a possible murder, |
7 | | sexual assault, or other felony by an employee. All |
8 | | investigations conducted by the Inspector General shall be |
9 | | conducted in a manner designed to ensure the preservation |
10 | | of evidence for possible use in a criminal prosecution. |
11 | | (2) Reporting allegations of adult students with |
12 | | disabilities. Upon receipt of a reportable allegation |
13 | | regarding an adult student with a disability, the |
14 | | Department's Office of the Inspector General shall |
15 | | determine whether the allegation meets the criteria for the |
16 | | Domestic Abuse Program under the Abuse of Adults with |
17 | | Disabilities Intervention Act. If the allegation is |
18 | | reportable to that program, the Office of the Inspector |
19 | | General shall initiate an investigation. If the allegation |
20 | | is not reportable to the Domestic Abuse Program, the Office |
21 | | of the Inspector General shall make an expeditious referral |
22 | | to the respective law enforcement entity. If the alleged |
23 | | victim is already receiving services from the Department, |
24 | | the Office of the Inspector General shall also make a |
25 | | referral to the respective Department of Human Services' |
26 | | Division or Bureau. |
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1 | | (m) Investigative reports. Upon completion of an |
2 | | investigation, the Office of Inspector General shall issue an |
3 | | investigative report identifying whether the allegations are |
4 | | substantiated, unsubstantiated, or unfounded. Within 10 |
5 | | business days after the transmittal of a completed |
6 | | investigative report substantiating an allegation, or if a |
7 | | recommendation is made, the Inspector General shall provide the |
8 | | investigative report on the case to the Secretary and to the |
9 | | director of the facility or agency where any one or more of the |
10 | | following occurred: mental abuse, physical abuse, sexual |
11 | | abuse, neglect, egregious neglect, or financial exploitation. |
12 | | In a substantiated case, the investigative report shall include |
13 | | any mitigating or aggravating circumstances that were |
14 | | identified during the investigation. If the case involves |
15 | | substantiated neglect, the investigative report shall also |
16 | | state whether egregious neglect was found. An investigative |
17 | | report may also set forth recommendations. All investigative |
18 | | reports prepared by the Office of the Inspector General shall |
19 | | be considered confidential and shall not be released except as |
20 | | provided by the law of this State or as required under |
21 | | applicable federal law. Upon written request from a local law |
22 | | enforcement entity or a State's Attorney's office, the Office |
23 | | of Inspector General may, on a case-by-case basis, release the |
24 | | investigative report and the raw data used to compile the |
25 | | report to that law enforcement entity or State's Attorney's |
26 | | office. Unsubstantiated and unfounded reports shall not be |
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1 | | disclosed except as allowed under Section 6 of the Abused and |
2 | | Neglected Long Term Care Facility Residents Reporting Act or as |
3 | | set forth in this subsection . Raw data used to compile the |
4 | | investigative report shall not be subject to release unless |
5 | | required by law or a court order. "Raw data used to compile the |
6 | | investigative report" includes, but is not limited to, any one |
7 | | or more of the following: the initial complaint, witness |
8 | | statements, photographs, investigator's notes, police reports, |
9 | | or incident reports. If the allegations are substantiated, the |
10 | | accused shall be provided with a redacted copy of the |
11 | | investigative report. Death reports where there was no |
12 | | allegation of abuse or neglect shall only be released pursuant |
13 | | to applicable State or federal law or a valid court order. |
14 | | (n) Written responses and reconsideration requests. |
15 | | (1) Written responses. Within 30 calendar days from |
16 | | receipt of a substantiated investigative report or an |
17 | | investigative report which contains recommendations, |
18 | | absent a reconsideration request, the facility or agency |
19 | | shall file a written response that addresses, in a concise |
20 | | and reasoned manner, the actions taken to: (i) protect the |
21 | | individual; (ii) prevent recurrences; and (iii) eliminate |
22 | | the problems identified. The response shall include the |
23 | | implementation and completion dates of such actions. If the |
24 | | written response is not filed within the allotted 30 |
25 | | calendar day period, the Secretary shall determine the |
26 | | appropriate corrective action to be taken. |
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1 | | (2) Reconsideration requests. The facility, agency, |
2 | | victim or guardian, or the subject employee may request |
3 | | that the Office of Inspector General reconsider or clarify |
4 | | its finding based upon additional information. |
5 | | (o) Disclosure of the finding by the Inspector General. The |
6 | | Inspector General shall disclose the finding of an |
7 | | investigation to the following persons: (i) the Governor, (ii) |
8 | | the Secretary, (iii) the director of the facility or agency, |
9 | | (iv) the alleged victims and their guardians, (v) the |
10 | | complainant, and (vi) the accused. This information shall |
11 | | include whether the allegations were deemed substantiated, |
12 | | unsubstantiated, or unfounded. |
13 | | (p) Secretary review. Upon review of the Inspector |
14 | | General's investigative report and any agency's or facility's |
15 | | written response, the Secretary shall accept or reject the |
16 | | written response and notify the Inspector General of that |
17 | | determination. The Secretary may further direct that other |
18 | | administrative action be taken, including, but not limited to, |
19 | | any one or more of the following: (i) additional site visits, |
20 | | (ii) training, (iii) provision of technical assistance |
21 | | relative to administrative needs, licensure or certification, |
22 | | or (iv) the imposition of appropriate sanctions. |
23 | | (q) Action by facility or agency. Within 30 days of the |
24 | | date the Secretary approves the written response or directs |
25 | | that further administrative action be taken, the facility or |
26 | | agency shall provide an implementation report to the Inspector |
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1 | | General that provides the status of the action taken. The |
2 | | facility or agency shall be allowed an additional 30 days to |
3 | | send notice of completion of the action or to send an updated |
4 | | implementation report. If the action has not been completed |
5 | | within the additional 30 day period, the facility or agency |
6 | | shall send updated implementation reports every 60 days until |
7 | | completion. The Inspector General shall conduct a review of any |
8 | | implementation plan that takes more than 120 days after |
9 | | approval to complete, and shall monitor compliance through a |
10 | | random review of approved written responses, which may include, |
11 | | but are not limited to: (i) site visits, (ii) telephone |
12 | | contact, and (iii) requests for additional documentation |
13 | | evidencing compliance. |
14 | | (r) Sanctions. Sanctions, if imposed by the Secretary under |
15 | | Subdivision (p)(iv) of this Section, shall be designed to |
16 | | prevent further acts of mental abuse, physical abuse, sexual |
17 | | abuse, neglect, egregious neglect, or financial exploitation |
18 | | or some combination of one or more of those acts at a facility |
19 | | or agency, and may include any one or more of the following: |
20 | | (1) Appointment of on-site monitors. |
21 | | (2) Transfer or relocation of an individual or |
22 | | individuals. |
23 | | (3) Closure of units. |
24 | | (4) Termination of any one or more of the following: |
25 | | (i) Department licensing, (ii) funding, or (iii) |
26 | | certification. |
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1 | | The Inspector General may seek the assistance of the |
2 | | Illinois Attorney General or the office of any State's Attorney |
3 | | in implementing sanctions. |
4 | | (s) Health care worker registry. |
5 | | (1) Reporting to the registry. The Inspector General |
6 | | shall report to the Department of Public Health's health |
7 | | care worker registry, a public registry, the identity and |
8 | | finding of each employee of a facility or agency against |
9 | | whom there is a final investigative report containing a |
10 | | substantiated allegation of physical or sexual abuse, |
11 | | financial exploitation, or egregious neglect of an |
12 | | individual. |
13 | | (2) Notice to employee. Prior to reporting the name of |
14 | | an employee, the employee shall be notified of the |
15 | | Department's obligation to report and shall be granted an |
16 | | opportunity to request an administrative hearing, the sole |
17 | | purpose of which is to determine if the substantiated |
18 | | finding warrants reporting to the registry. Notice to the |
19 | | employee shall contain a clear and concise statement of the |
20 | | grounds on which the report to the registry is based, offer |
21 | | the employee an opportunity for a hearing, and identify the |
22 | | process for requesting such a hearing. Notice is sufficient |
23 | | if provided by certified mail to the employee's last known |
24 | | address. If the employee fails to request a hearing within |
25 | | 30 days from the date of the notice, the Inspector General |
26 | | shall report the name of the employee to the registry. |
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1 | | Nothing in this subdivision (s)(2) shall diminish or impair |
2 | | the rights of a person who is a member of a collective |
3 | | bargaining unit under the Illinois Public Labor Relations |
4 | | Act or under any other federal labor statute. |
5 | | (3) Registry hearings. If the employee requests an |
6 | | administrative hearing, the employee shall be granted an |
7 | | opportunity to appear before an administrative law judge to |
8 | | present reasons why the employee's name should not be |
9 | | reported to the registry. The Department shall bear the |
10 | | burden of presenting evidence that establishes, by a |
11 | | preponderance of the evidence, that the substantiated |
12 | | finding warrants reporting to the registry. After |
13 | | considering all the evidence presented, the administrative |
14 | | law judge shall make a recommendation to the Secretary as |
15 | | to whether the substantiated finding warrants reporting |
16 | | the name of the employee to the registry. The Secretary |
17 | | shall render the final decision. The Department and the |
18 | | employee shall have the right to request that the |
19 | | administrative law judge consider a stipulated disposition |
20 | | of these proceedings. |
21 | | (4) Testimony at registry hearings. A person who makes |
22 | | a report or who investigates a report under this Act shall |
23 | | testify fully in any judicial proceeding resulting from |
24 | | such a report, as to any evidence of abuse or neglect, or |
25 | | the cause thereof. No evidence shall be excluded by reason |
26 | | of any common law or statutory privilege relating to |
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1 | | communications between the alleged perpetrator of abuse or |
2 | | neglect, or the individual alleged as the victim in the |
3 | | report, and the person making or investigating the report. |
4 | | Testimony at hearings is exempt from the confidentiality |
5 | | requirements of subsection (f) of Section 10 of the Mental |
6 | | Health and Developmental Disabilities Confidentiality Act. |
7 | | (5) Employee's rights to collateral action. No |
8 | | reporting to the registry shall occur and no hearing shall |
9 | | be set or proceed if an employee notifies the Inspector |
10 | | General in writing, including any supporting |
11 | | documentation, that he or she is formally contesting an |
12 | | adverse employment action resulting from a substantiated |
13 | | finding by complaint filed with the Illinois Civil Service |
14 | | Commission, or which otherwise seeks to enforce the |
15 | | employee's rights pursuant to any applicable collective |
16 | | bargaining agreement. If an action taken by an employer |
17 | | against an employee as a result of a finding of physical |
18 | | abuse, sexual abuse, or egregious neglect is overturned |
19 | | through an action filed with the Illinois Civil Service |
20 | | Commission or under any applicable collective bargaining |
21 | | agreement and if that employee's name has already been sent |
22 | | to the registry, the employee's name shall be removed from |
23 | | the registry. |
24 | | (6) Removal from registry. At any time after the report |
25 | | to the registry, but no more than once in any 12-month |
26 | | period, an employee may petition the Department in writing |
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1 | | to remove his or her name from the registry. Upon receiving |
2 | | notice of such request, the Inspector General shall conduct |
3 | | an investigation into the petition. Upon receipt of such |
4 | | request, an administrative hearing will be set by the |
5 | | Department. At the hearing, the employee shall bear the |
6 | | burden of presenting evidence that establishes, by a |
7 | | preponderance of the evidence, that removal of the name |
8 | | from the registry is in the public interest. The parties |
9 | | may jointly request that the administrative law judge |
10 | | consider a stipulated disposition of these proceedings. |
11 | | (t) Review of Administrative Decisions. The Department |
12 | | shall preserve a record of all proceedings at any formal |
13 | | hearing conducted by the Department involving health care |
14 | | worker registry hearings. Final administrative decisions of |
15 | | the Department are subject to judicial review pursuant to |
16 | | provisions of the Administrative Review Law. |
17 | | (u) Quality Care Board. There is created, within the Office |
18 | | of the Inspector General, a Quality Care Board to be composed |
19 | | of 7 members appointed by the Governor with the advice and |
20 | | consent of the Senate. One of the members shall be designated |
21 | | as chairman by the Governor. Of the initial appointments made |
22 | | by the Governor, 4 Board members shall each be appointed for a |
23 | | term of 4 years and 3 members shall each be appointed for a |
24 | | term of 2 years. Upon the expiration of each member's term, a |
25 | | successor shall be appointed for a term of 4 years. In the case |
26 | | of a vacancy in the office of any member, the Governor shall |
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1 | | appoint a successor for the remainder of the unexpired term. |
2 | | Members appointed by the Governor shall be qualified by |
3 | | professional knowledge or experience in the area of law, |
4 | | investigatory techniques, or in the area of care of the |
5 | | mentally ill or care of persons with developmental |
6 | | disabilities. Two members appointed by the Governor shall be |
7 | | persons with a disability or a parent of a person with a |
8 | | disability. Members shall serve without compensation, but |
9 | | shall be reimbursed for expenses incurred in connection with |
10 | | the performance of their duties as members. |
11 | | The Board shall meet quarterly, and may hold other meetings |
12 | | on the call of the chairman. Four members shall constitute a |
13 | | quorum allowing the Board to conduct its business. The Board |
14 | | may adopt rules and regulations it deems necessary to govern |
15 | | its own procedures. |
16 | | The Board shall monitor and oversee the operations, |
17 | | policies, and procedures of the Inspector General to ensure the |
18 | | prompt and thorough investigation of allegations of neglect and |
19 | | abuse. In fulfilling these responsibilities, the Board may do |
20 | | the following: |
21 | | (1) Provide independent, expert consultation to the |
22 | | Inspector General on policies and protocols for |
23 | | investigations of alleged abuse, neglect, or both abuse and |
24 | | neglect. |
25 | | (2) Review existing regulations relating to the |
26 | | operation of facilities. |
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1 | | (3) Advise the Inspector General as to the content of |
2 | | training activities authorized under this Section. |
3 | | (4) Recommend policies concerning methods for |
4 | | improving the intergovernmental relationships between the |
5 | | Office of the Inspector General and other State or federal |
6 | | offices. |
7 | | (v) Annual report. The Inspector General shall provide to |
8 | | the General Assembly and the Governor, no later than January 1 |
9 | | of each year, a summary of reports and investigations made |
10 | | under this Act for the prior fiscal year with respect to |
11 | | individuals receiving mental health or developmental |
12 | | disabilities services. The report shall detail the imposition |
13 | | of sanctions, if any, and the final disposition of any |
14 | | corrective or administrative action directed by the Secretary. |
15 | | The summaries shall not contain any confidential or identifying |
16 | | information of any individual, but shall include objective data |
17 | | identifying any trends in the number of reported allegations, |
18 | | the timeliness of the Office of the Inspector General's |
19 | | investigations, and their disposition, for each facility and |
20 | | Department-wide, for the most recent 3-year time period. The |
21 | | report shall also identify, by facility, the staff-to-patient |
22 | | ratios taking account of direct care staff only. The report |
23 | | shall also include detailed recommended administrative actions |
24 | | and matters for consideration by the General Assembly. |
25 | | (w) Program audit. The Auditor General shall conduct a |
26 | | program audit of the Office of the Inspector General on an |
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1 | | as-needed basis, as determined by the Auditor General. The |
2 | | audit shall specifically include the Inspector General's |
3 | | compliance with the Act and effectiveness in investigating |
4 | | reports of allegations occurring in any facility or agency. The |
5 | | Auditor General shall conduct the program audit according to |
6 | | the provisions of the Illinois State Auditing Act and shall |
7 | | report its findings to the General Assembly no later than |
8 | | January 1 following the audit period.
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9 | | (x) Nothing in this Section shall be construed to mean that |
10 | | a patient is a victim of abuse or neglect because of health |
11 | | care services appropriately provided or not provided by health |
12 | | care professionals. |
13 | | (y) Nothing in this Section shall require a facility, |
14 | | including its employees, agents, medical staff members, and |
15 | | health care professionals, to provide a service to a patient in |
16 | | contravention of that patient's stated or implied objection to |
17 | | the provision of that service on the ground that that service |
18 | | conflicts with the patient's religious beliefs or practices, |
19 | | nor shall the failure to provide a service to a patient be |
20 | | considered abuse under this Section if the patient has objected |
21 | | to the provision of that service based on his or her religious |
22 | | beliefs or practices.
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23 | | (Source: P.A. 98-49, eff. 7-1-13; 98-711, eff. 7-16-14; 99-143, |
24 | | eff. 7-27-15; 99-323, eff. 8-7-15; revised 10-19-15.)
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25 | | Section 99. Effective date. This Act takes effect upon |
26 | | becoming law.
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