SB0857 EnrolledLRB103 03316 RPS 48322 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Human Services Act is amended
5by changing Section 1-17 as follows:
 
6    (20 ILCS 1305/1-17)
7    Sec. 1-17. Inspector General.
8    (a) Nature and purpose. It is the express intent of the
9General Assembly to ensure the health, safety, and financial
10condition of individuals receiving services in this State due
11to mental illness, developmental disability, or both by
12protecting those persons from acts of abuse, neglect, or both
13by service providers. To that end, the Office of the Inspector
14General for the Department of Human Services is created to
15investigate and report upon allegations of the abuse, neglect,
16or financial exploitation of individuals receiving services
17within mental health facilities, developmental disabilities
18facilities, and community agencies operated, licensed, funded,
19or certified by the Department of Human Services, but not
20licensed or certified by any other State agency.
21    (b) Definitions. The following definitions apply to this
22Section:
23    "Agency" or "community agency" means (i) a community

 

 

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1agency licensed, funded, or certified by the Department, but
2not licensed or certified by any other human services agency
3of the State, to provide mental health service or
4developmental disabilities service, or (ii) a program
5licensed, funded, or certified by the Department, but not
6licensed or certified by any other human services agency of
7the State, to provide mental health service or developmental
8disabilities service.
9    "Aggravating circumstance" means a factor that is
10attendant to a finding and that tends to compound or increase
11the culpability of the accused.
12    "Allegation" means an assertion, complaint, suspicion, or
13incident involving any of the following conduct by an
14employee, facility, or agency against an individual or
15individuals: mental abuse, physical abuse, sexual abuse,
16neglect, or financial exploitation, or material obstruction of
17an investigation.
18    "Day" means working day, unless otherwise specified.
19    "Deflection" means a situation in which an individual is
20presented for admission to a facility or agency, and the
21facility staff or agency staff do not admit the individual.
22"Deflection" includes triage, redirection, and denial of
23admission.
24    "Department" means the Department of Human Services.
25    "Developmental disability" means "developmental
26disability" as defined in the Mental Health and Developmental

 

 

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1Disabilities Code.
2    "Egregious neglect" means a finding of neglect as
3determined by the Inspector General that (i) represents a
4gross failure to adequately provide for, or a callused
5indifference to, the health, safety, or medical needs of an
6individual and (ii) results in an individual's death or other
7serious deterioration of an individual's physical condition or
8mental condition.
9    "Employee" means any person who provides services at the
10facility or agency on-site or off-site. The service
11relationship can be with the individual or with the facility
12or agency. Also, "employee" includes any employee or
13contractual agent of the Department of Human Services or the
14community agency involved in providing or monitoring or
15administering mental health or developmental disability
16services. This includes but is not limited to: owners,
17operators, payroll personnel, contractors, subcontractors, and
18volunteers.
19    "Facility" or "State-operated facility" means a mental
20health facility or developmental disabilities facility
21operated by the Department.
22    "Financial exploitation" means taking unjust advantage of
23an individual's assets, property, or financial resources
24through deception, intimidation, or conversion for the
25employee's, facility's, or agency's own advantage or benefit.
26    "Finding" means the Office of Inspector General's

 

 

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1determination regarding whether an allegation is
2substantiated, unsubstantiated, or unfounded.
3    "Health Care Worker Registry" or "Registry" means the
4Health Care Worker Registry under the Health Care Worker
5Background Check Act.
6    "Individual" means any person receiving mental health
7service, developmental disabilities service, or both from a
8facility or agency, while either on-site or off-site.
9    "Material obstruction of an investigation" means the
10purposeful interference with an investigation of physical
11abuse, sexual abuse, mental abuse, neglect, or financial
12exploitation and includes, but is not limited to, the
13withholding or altering of documentation or recorded evidence;
14influencing, threatening, or impeding witness testimony;
15presenting untruthful information during an interview; failing
16to cooperate with an investigation conducted by the Office of
17the Inspector General. If an employee, following a criminal
18investigation of physical abuse, sexual abuse, mental abuse,
19neglect, or financial exploitation, is convicted of an offense
20that is factually predicated on the employee presenting
21untruthful information during the course of the investigation,
22that offense constitutes obstruction of an investigation.
23Obstruction of an investigation does not include: an
24employee's lawful exercising of his or her constitutional
25right against self-incrimination, an employee invoking his or
26her lawful rights to union representation as provided by a

 

 

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1collective bargaining agreement or the Illinois Public Labor
2Relations Act, or a union representative's lawful activities
3providing representation under a collective bargaining
4agreement or the Illinois Public Labor Relations Act.
5Obstruction of an investigation is considered material when it
6could significantly impair an investigator's ability to gather
7all relevant facts. An employee shall not be placed on the
8Health Care Worker Registry for presenting untruthful
9information during an interview conducted by the Office of the
10Inspector General, unless, prior to the interview, the
11employee was provided with any previous signed statements he
12or she made during the course of the investigation.
13    "Mental abuse" means the use of demeaning, intimidating,
14or threatening words, signs, gestures, or other actions by an
15employee about an individual and in the presence of an
16individual or individuals that results in emotional distress
17or maladaptive behavior, or could have resulted in emotional
18distress or maladaptive behavior, for any individual present.
19    "Mental illness" means "mental illness" as defined in the
20Mental Health and Developmental Disabilities Code.
21    "Mentally ill" means having a mental illness.
22    "Mitigating circumstance" means a condition that (i) is
23attendant to a finding, (ii) does not excuse or justify the
24conduct in question, but (iii) may be considered in evaluating
25the severity of the conduct, the culpability of the accused,
26or both the severity of the conduct and the culpability of the

 

 

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1accused.
2    "Neglect" means an employee's, agency's, or facility's
3failure to provide adequate medical care, personal care, or
4maintenance and that, as a consequence, (i) causes an
5individual pain, injury, or emotional distress, (ii) results
6in either an individual's maladaptive behavior or the
7deterioration of an individual's physical condition or mental
8condition, or (iii) places the individual's health or safety
9at substantial risk.
10    "Person with a developmental disability" means a person
11having a developmental disability.
12    "Physical abuse" means an employee's non-accidental and
13inappropriate contact with an individual that causes bodily
14harm. "Physical abuse" includes actions that cause bodily harm
15as a result of an employee directing an individual or person to
16physically abuse another individual.
17    "Presenting untruthful information" means making a false
18statement, material to an investigation of physical abuse,
19sexual abuse, mental abuse, neglect, or financial
20exploitation, knowing the statement is false.
21    "Recommendation" means an admonition, separate from a
22finding, that requires action by the facility, agency, or
23Department to correct a systemic issue, problem, or deficiency
24identified during an investigation. "Recommendation" can also
25mean an admonition to correct a systemic issue, problem or
26deficiency during a review.

 

 

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1    "Required reporter" means any employee who suspects,
2witnesses, or is informed of an allegation of any one or more
3of the following: mental abuse, physical abuse, sexual abuse,
4neglect, or financial exploitation.
5    "Secretary" means the Chief Administrative Officer of the
6Department.
7    "Sexual abuse" means any sexual contact or intimate
8physical contact between an employee and an individual,
9including an employee's coercion or encouragement of an
10individual to engage in sexual behavior that results in sexual
11contact, intimate physical contact, sexual behavior, or
12intimate physical behavior. Sexual abuse also includes (i) an
13employee's actions that result in the sending or showing of
14sexually explicit images to an individual via computer,
15cellular phone, electronic mail, portable electronic device,
16or other media with or without contact with the individual or
17(ii) an employee's posting of sexually explicit images of an
18individual online or elsewhere whether or not there is contact
19with the individual.
20    "Sexually explicit images" includes, but is not limited
21to, any material which depicts nudity, sexual conduct, or
22sado-masochistic abuse, or which contains explicit and
23detailed verbal descriptions or narrative accounts of sexual
24excitement, sexual conduct, or sado-masochistic abuse.
25    "Substantiated" means there is a preponderance of the
26evidence to support the allegation.

 

 

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1    "Unfounded" means there is no credible evidence to support
2the allegation.
3    "Unsubstantiated" means there is credible evidence, but
4less than a preponderance of evidence to support the
5allegation.
6    (c) Appointment. The Governor shall appoint, and the
7Senate shall confirm, an Inspector General. The Inspector
8General shall be appointed for a term of 4 years and shall
9function within the Department of Human Services and report to
10the Secretary and the Governor.
11    (d) Operation and appropriation. The Inspector General
12shall function independently within the Department with
13respect to the operations of the Office, including the
14performance of investigations and issuance of findings and
15recommendations and the performance of site visits and reviews
16of facilities and community agencies. The appropriation for
17the Office of Inspector General shall be separate from the
18overall appropriation for the Department.
19    (e) Powers and duties. The Inspector General shall
20investigate reports of suspected mental abuse, physical abuse,
21sexual abuse, neglect, or financial exploitation of
22individuals in any mental health or developmental disabilities
23facility or agency and shall have authority to take immediate
24action to prevent any one or more of the following from
25happening to individuals under its jurisdiction: mental abuse,
26physical abuse, sexual abuse, neglect, or financial

 

 

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1exploitation. The Inspector General shall also investigate
2allegations of material obstruction of an investigation by an
3employee. Upon written request of an agency of this State, the
4Inspector General may assist another agency of the State in
5investigating reports of the abuse, neglect, or abuse and
6neglect of persons with mental illness, persons with
7developmental disabilities, or persons with both. The
8Inspector General shall conduct annual site visits of each
9facility and may conduct reviews of facilities and community
10agencies. To comply with the requirements of subsection (k) of
11this Section, the Inspector General shall also review all
12reportable deaths for which there is no allegation of abuse or
13neglect. Nothing in this Section shall preempt any duties of
14the Medical Review Board set forth in the Mental Health and
15Developmental Disabilities Code. The Inspector General shall
16have no authority to investigate alleged violations of the
17State Officials and Employees Ethics Act. Allegations of
18misconduct under the State Officials and Employees Ethics Act
19shall be referred to the Office of the Governor's Executive
20Inspector General for investigation.
21    (f) Limitations. The Inspector General shall not conduct
22an investigation within an agency or facility if that
23investigation would be redundant to or interfere with an
24investigation conducted by another State agency. The Inspector
25General shall have no supervision over, or involvement in, the
26routine programmatic, licensing, funding, or certification

 

 

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1operations of the Department. Nothing in this subsection
2limits investigations by the Department that may otherwise be
3required by law or that may be necessary in the Department's
4capacity as central administrative authority responsible for
5the operation of the State's mental health and developmental
6disabilities facilities.
7    (g) Rulemaking authority. The Inspector General shall
8promulgate rules establishing minimum requirements for
9reporting allegations as well as for initiating, conducting,
10and completing investigations based upon the nature of the
11allegation or allegations. The rules shall clearly establish
12that if 2 or more State agencies could investigate an
13allegation, the Inspector General shall not conduct an
14investigation that would be redundant to, or interfere with,
15an investigation conducted by another State agency. The rules
16shall further clarify the method and circumstances under which
17the Office of Inspector General may interact with the
18licensing, funding, or certification units of the Department
19in preventing further occurrences of mental abuse, physical
20abuse, sexual abuse, neglect, egregious neglect, and financial
21exploitation, and material obstruction of an investigation.
22    (g-5) Site visits and review authority.
23        (1) Site visits. The Inspector General shall conduct
24    unannounced site visits to each facility at least annually
25    for the purpose of reviewing and making recommendations on
26    systemic issues relative to preventing, reporting,

 

 

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1    investigating, and responding to all of the following:
2    mental abuse, physical abuse, sexual abuse, neglect,
3    egregious neglect, financial exploitation, or material
4    obstruction of an investigation.
5        (2) Review authority. In response to complaints or
6    information gathered from investigations, the Inspector
7    General shall have and may exercise the authority to
8    initiate reviews of facilities and agencies related to
9    preventing, reporting, investigating, and responding to
10    all of the following: mental abuse, physical abuse, sexual
11    abuse, neglect, egregious neglect, financial exploitation,
12    or material obstruction of an investigation. Upon
13    concluding a review, the Inspector General shall issue a
14    written report setting forth its conclusions and
15    recommendations. The report shall be distributed to the
16    Secretary and to the director of the facility or agency
17    that was the subject of review. Within 45 calendar days,
18    the facility or agency shall submit a written response
19    addressing the Inspector General's conclusions and
20    recommendations and, in a concise and reasoned manner, the
21    actions taken, if applicable, to: (i) protect the
22    individual or individuals; (ii) prevent recurrences; and
23    (iii) eliminate the problems identified. The response
24    shall include the implementation and completion dates of
25    such actions.
26    (h) Training programs. The Inspector General shall (i)

 

 

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1establish a comprehensive program to ensure that every person
2authorized to conduct investigations receives ongoing training
3relative to investigation techniques, communication skills,
4and the appropriate means of interacting with persons
5receiving treatment for mental illness, developmental
6disability, or both mental illness and developmental
7disability, and (ii) establish and conduct periodic training
8programs for facility and agency employees concerning the
9prevention and reporting of any one or more of the following:
10mental abuse, physical abuse, sexual abuse, neglect, egregious
11neglect, or financial exploitation, or material obstruction of
12an investigation. The Inspector General shall further ensure
13(i) every person authorized to conduct investigations at
14community agencies receives ongoing training in Title 59,
15Parts 115, 116, and 119 of the Illinois Administrative Code,
16and (ii) every person authorized to conduct investigations
17shall receive ongoing training in Title 59, Part 50 of the
18Illinois Administrative Code. Nothing in this Section shall be
19deemed to prevent the Office of Inspector General from
20conducting any other training as determined by the Inspector
21General to be necessary or helpful.
22    (i) Duty to cooperate.
23        (1) The Inspector General shall at all times be
24    granted access to any facility or agency for the purpose
25    of investigating any allegation, conducting unannounced
26    site visits, monitoring compliance with a written

 

 

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1    response, conducting reviews of facilities and agencies,
2    or completing any other statutorily assigned duty. The
3    Inspector General shall conduct unannounced site visits to
4    each facility at least annually for the purpose of
5    reviewing and making recommendations on systemic issues
6    relative to preventing, reporting, investigating, and
7    responding to all of the following: mental abuse, physical
8    abuse, sexual abuse, neglect, egregious neglect, or
9    financial exploitation.
10        (2) Any employee who fails to cooperate with an Office
11    of the Inspector General investigation is in violation of
12    this Act. Failure to cooperate with an investigation
13    includes, but is not limited to, any one or more of the
14    following: (i) creating and transmitting a false report to
15    the Office of the Inspector General hotline, (ii)
16    providing false information to an Office of the Inspector
17    General Investigator during an investigation, (iii)
18    colluding with other employees to cover up evidence, (iv)
19    colluding with other employees to provide false
20    information to an Office of the Inspector General
21    investigator, (v) destroying evidence, (vi) withholding
22    evidence, or (vii) otherwise obstructing an Office of the
23    Inspector General investigation. Additionally, any
24    employee who, during an unannounced site visit, or written
25    response compliance check, or review fails to cooperate
26    with requests from the Office of the Inspector General is

 

 

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1    in violation of this Act.
2    (j) Subpoena powers. The Inspector General shall have the
3power to subpoena witnesses and compel the production of all
4documents and physical evidence relating to his or her
5investigations and reviews and any hearings authorized by this
6Act. This subpoena power shall not extend to persons or
7documents of a labor organization or its representatives
8insofar as the persons are acting in a representative capacity
9to an employee whose conduct is the subject of an
10investigation or the documents relate to that representation.
11Any person who otherwise fails to respond to a subpoena or who
12knowingly provides false information to the Office of the
13Inspector General by subpoena during an investigation is
14guilty of a Class A misdemeanor.
15    (k) Reporting allegations and deaths.
16        (1) Allegations. If an employee witnesses, is told of,
17    or has reason to believe an incident of mental abuse,
18    physical abuse, sexual abuse, neglect, or financial
19    exploitation, or material obstruction of an investigation
20    has occurred, the employee, agency, or facility shall
21    report the allegation by phone to the Office of the
22    Inspector General hotline according to the agency's or
23    facility's procedures, but in no event later than 4 hours
24    after the initial discovery of the incident, allegation,
25    or suspicion of any one or more of the following: mental
26    abuse, physical abuse, sexual abuse, neglect, or financial

 

 

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1    exploitation, or material obstruction of an investigation.
2    A required reporter as defined in subsection (b) of this
3    Section who knowingly or intentionally fails to comply
4    with these reporting requirements is guilty of a Class A
5    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
14        24 hours after deflection from a residential program
15        or facility.
16            (iii) Any other death of an individual occurring
17        at an agency or facility or at any Department-funded
18        site.
19        (3) Retaliation. It is a violation of this Act for any
20    employee or administrator of an agency or facility to take
21    retaliatory action against an employee who acts in good
22    faith in conformance with his or her duties as a required
23    reporter.
24    (l) Reporting to law enforcement. Reporting criminal acts.
25Within 24 hours after determining that there is credible
26evidence indicating that a criminal act may have been

 

 

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1committed or that special expertise may be required in an
2investigation, the Inspector General shall notify the Illinois
3State Police or other appropriate law enforcement authority,
4or ensure that such notification is made. The Illinois State
5Police shall investigate any report from a State-operated
6facility indicating a possible murder, sexual assault, or
7other felony by an employee. All investigations conducted by
8the Inspector General shall be conducted in a manner designed
9to ensure the preservation of evidence for possible use in a
10criminal prosecution.
11    (m) Investigative reports. Upon completion of an
12investigation, the Office of Inspector General shall issue an
13investigative report identifying whether the allegations are
14substantiated, unsubstantiated, or unfounded. Within 10
15business days after the transmittal of a completed
16investigative report substantiating an allegation, finding an
17allegation is unsubstantiated, or if a recommendation is made,
18the Inspector General shall provide the investigative report
19on the case to the Secretary and to the director of the
20facility or agency where any one or more of the following
21occurred: mental abuse, physical abuse, sexual abuse, neglect,
22egregious neglect, financial exploitation, or material
23obstruction of an investigation. The director of the facility
24or agency shall be responsible for maintaining the
25confidentiality of the investigative report consistent with
26State and federal law. In a substantiated case, the

 

 

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1investigative report shall include any mitigating or
2aggravating circumstances that were identified during the
3investigation. If the case involves substantiated neglect, the
4investigative report shall also state whether egregious
5neglect was found. An investigative report may also set forth
6recommendations. All investigative reports prepared by the
7Office of the Inspector General shall be considered
8confidential and shall not be released except as provided by
9the law of this State or as required under applicable federal
10law. Unsubstantiated and unfounded reports shall not be
11disclosed except as allowed under Section 6 of the Abused and
12Neglected Long Term Care Facility Residents Reporting Act. Raw
13data used to compile the investigative report shall not be
14subject to release unless required by law or a court order.
15"Raw data used to compile the investigative report" includes,
16but is not limited to, any one or more of the following: the
17initial complaint, witness statements, photographs,
18investigator's notes, police reports, or incident reports. If
19the allegations are substantiated, the victim, the victim's
20guardian, and the accused shall be provided with a redacted
21copy of the investigative report. Death reports where there
22was no allegation of abuse or neglect shall only be released
23pursuant to applicable State or federal law or a valid court
24order. Unredacted investigative reports, as well as raw data,
25may be shared with a local law enforcement entity, a State's
26Attorney's office, or a county coroner's office upon written

 

 

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1request.
2    (n) Written responses, clarification requests, and
3reconsideration requests.
4        (1) Written responses. Within 30 calendar days from
5    receipt of a substantiated investigative report or an
6    investigative report which contains recommendations,
7    absent a reconsideration request, the facility or agency
8    shall file a written response that addresses, in a concise
9    and reasoned manner, the actions taken to: (i) protect the
10    individual; (ii) prevent recurrences; and (iii) eliminate
11    the problems identified. The response shall include the
12    implementation and completion dates of such actions. If
13    the written response is not filed within the allotted 30
14    calendar day period, the Secretary
, or the Secretary's
15    designee, shall determine the appropriate corrective
16    action to be taken.
17        (2) Requests for clarification. The facility, agency,
18    victim or guardian, or the subject employee may request
19    that the Office of Inspector General clarify the finding
20    or findings for which clarification is sought.
21        (3) Requests for reconsideration. The facility,
22    agency, victim or guardian, or the subject employee may
23    request that the Office of the Inspector General
24    reconsider the finding or findings or the recommendations.
25    A request for reconsideration shall be subject to a
26    multi-layer review and shall include at least one reviewer

 

 

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1    who did not participate in the investigation or approval
2    of the original investigative report. After the
3    multi-layer review process has been completed, the
4    Inspector General shall make the final determination on
5    the reconsideration request. The investigation shall be
6    reopened if the reconsideration determination finds that
7    additional information is needed to complete the
8    investigative record.
9    (o) Disclosure of the finding by the Inspector General.
10The Inspector General shall disclose the finding of an
11investigation to the following persons: (i) the Governor, (ii)
12the Secretary, (iii) the director of the facility or agency,
13(iv) the alleged victims and their guardians, (v) the
14complainant, and (vi) the accused. This information shall
15include whether the allegations were deemed substantiated,
16unsubstantiated, or unfounded.
17    (p) Secretary review. Upon review of the Inspector
18General's investigative report and any agency's or facility's
19written response, the Secretary, or the Secretary's designee,
20shall accept or reject the written response and notify the
21Inspector General of that determination. The Secretary, or the
22Secretary's designee, may further direct that other
23administrative action be taken, including, but not limited to,
24any one or more of the following: (i) additional site visits,
25(ii) training, (iii) provision of technical assistance
26relative to administrative needs, licensure, or certification,

 

 

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1or (iv) the imposition of appropriate sanctions.
2    (q) Action by facility or agency. Within 30 days of the
3date the Secretary, or the Secretary's designee, approves the
4written response or directs that further administrative action
5be taken, the facility or agency shall provide an
6implementation report to the Inspector General that provides
7the status of the action taken. The facility or agency shall be
8allowed an additional 30 days to send notice of completion of
9the action or to send an updated implementation report. If the
10action has not been completed within the additional 30-day
11period, the facility or agency shall send updated
12implementation reports every 60 days until completion. The
13Inspector General shall conduct a review of any implementation
14plan that takes more than 120 days after approval to complete,
15and shall monitor compliance through a random review of
16approved written responses, which may include, but are not
17limited to: (i) site visits, (ii) telephone contact, and (iii)
18requests for additional documentation evidencing compliance.
19    (r) Sanctions. Sanctions, if imposed by the Secretary
20under Subdivision (p)(iv) of this Section, shall be designed
21to prevent further acts of mental abuse, physical abuse,
22sexual abuse, neglect, egregious neglect, or financial
23exploitation or some combination of one or more of those acts
24at a facility or agency, and may include any one or more of the
25following:
26        (1) Appointment of on-site monitors.

 

 

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1        (2) Transfer or relocation of an individual or
2    individuals.
3        (3) Closure of units.
4        (4) Termination of any one or more of the following:
5    (i) Department licensing, (ii) funding, or (iii)
6    certification.
7    The Inspector General may seek the assistance of the
8Illinois Attorney General or the office of any State's
9Attorney in implementing sanctions.
10    (s) Health Care Worker Registry.
11        (1) Reporting to the Registry. The Inspector General
12    shall report to the Department of Public Health's Health
13    Care Worker Registry, a public registry, the identity and
14    finding of each employee of a facility or agency against
15    whom there is a final investigative report prepared by the
16    Office of the Inspector General containing a substantiated
17    allegation of physical or sexual abuse, financial
18    exploitation, egregious neglect of an individual, or
19    material obstruction of an investigation, unless the
20    Inspector General requests a stipulated disposition of the
21    investigative report that does not include the reporting
22    of the employee's name to the Health Care Worker Registry
23    and the Secretary of Human Services agrees with the
24    requested stipulated disposition.
25        (2) Notice to employee. Prior to reporting the name of
26    an employee, the employee shall be notified of the

 

 

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1    Department's obligation to report and shall be granted an
2    opportunity to request an administrative hearing, the sole
3    purpose of which is to determine if the substantiated
4    finding warrants reporting to the Registry. Notice to the
5    employee shall contain a clear and concise statement of
6    the grounds on which the report to the Registry is based,
7    offer the employee an opportunity for a hearing, and
8    identify the process for requesting such a hearing. Notice
9    is sufficient if provided by certified mail to the
10    employee's last known address. If the employee fails to
11    request a hearing within 30 days from the date of the
12    notice, the Inspector General shall report the name of the
13    employee to the Registry. Nothing in this subdivision
14    (s)(2) shall diminish or impair the rights of a person who
15    is a member of a collective bargaining unit under the
16    Illinois Public Labor Relations Act or under any other
17    federal labor statute.
18        (3) Registry hearings. If the employee requests an
19    administrative hearing, the employee shall be granted an
20    opportunity to appear before an administrative law judge
21    to present reasons why the employee's name should not be
22    reported to the Registry. The Department shall bear the
23    burden of presenting evidence that establishes, by a
24    preponderance of the evidence, that the substantiated
25    finding warrants reporting to the Registry. After
26    considering all the evidence presented, the administrative

 

 

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1    law judge shall make a recommendation to the Secretary as
2    to whether the substantiated finding warrants reporting
3    the name of the employee to the Registry. The Secretary
4    shall render the final decision. The Department and the
5    employee shall have the right to request that the
6    administrative law judge consider a stipulated disposition
7    of these proceedings.
8        (4) Testimony at Registry hearings. A person who makes
9    a report or who investigates a report under this Act shall
10    testify fully in any judicial proceeding resulting from
11    such a report, as to any evidence of physical abuse,
12    sexual abuse, egregious neglect, financial exploitation,
13    or material obstruction of an investigation abuse or
14    neglect, or the cause thereof. No evidence shall be
15    excluded by reason of any common law or statutory
16    privilege relating to communications between the alleged
17    perpetrator of abuse or neglect, or the individual alleged
18    as the victim in the report, and the person making or
19    investigating the report. Testimony at hearings is exempt
20    from the confidentiality requirements of subsection (f) of
21    Section 10 of the Mental Health and Developmental
22    Disabilities Confidentiality Act.
23        (5) Employee's rights to collateral action. No
24    reporting to the Registry shall occur and no hearing shall
25    be set or proceed if an employee notifies the Inspector
26    General in writing, including any supporting

 

 

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1    documentation, that he or she is formally contesting an
2    adverse employment action resulting from a substantiated
3    finding by complaint filed with the Illinois Civil Service
4    Commission, or which otherwise seeks to enforce the
5    employee's rights pursuant to any applicable collective
6    bargaining agreement. If an action taken by an employer
7    against an employee as a result of a finding of physical
8    abuse, sexual abuse, or egregious neglect, financial
9    exploitation, or material obstruction of an investigation
10    is overturned through an action filed with the Illinois
11    Civil Service Commission or under any applicable
12    collective bargaining agreement and if that employee's
13    name has already been sent to the Registry, the employee's
14    name shall be removed from the Registry.
15        (6) Removal from Registry. At any time after the
16    report to the Registry, but no more than once in any
17    12-month period, an employee may petition the Department
18    in writing to remove his or her name from the Registry.
19    Upon receiving notice of such request, the Inspector
20    General shall conduct an investigation into the petition.
21    Upon receipt of such request, an administrative hearing
22    will be set by the Department. At the hearing, the
23    employee shall bear the burden of presenting evidence that
24    establishes, by a preponderance of the evidence, that
25    removal of the name from the Registry is in the public
26    interest. The parties may jointly request that the

 

 

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1    administrative law judge consider a stipulated disposition
2    of these proceedings.
3    (t) Review of Administrative Decisions. The Department
4shall preserve a record of all proceedings at any formal
5hearing conducted by the Department involving Health Care
6Worker Registry hearings. Final administrative decisions of
7the Department are subject to judicial review pursuant to
8provisions of the Administrative Review Law.
9    (u) Quality Care Board. There is created, within the
10Office of the Inspector General, a Quality Care Board to be
11composed of 7 members appointed by the Governor with the
12advice and consent of the Senate. One of the members shall be
13designated as chairman by the Governor. Of the initial
14appointments made by the Governor, 4 Board members shall each
15be appointed for a term of 4 years and 3 members shall each be
16appointed for a term of 2 years. Upon the expiration of each
17member's term, a successor shall be appointed for a term of 4
18years. In the case of a vacancy in the office of any member,
19the Governor shall appoint a successor for the remainder of
20the unexpired term.
21    Members appointed by the Governor shall be qualified by
22professional knowledge or experience in the area of law,
23investigatory techniques, or in the area of care of the
24mentally ill or care of persons with developmental
25disabilities. Two members appointed by the Governor shall be
26persons with a disability or parents of persons with a

 

 

SB0857 Enrolled- 26 -LRB103 03316 RPS 48322 b

1disability. Members shall serve without compensation, but
2shall be reimbursed for expenses incurred in connection with
3the performance of their duties as members.
4    The Board shall meet quarterly, and may hold other
5meetings on the call of the chairman. Four members shall
6constitute a quorum allowing the Board to conduct its
7business. The Board may adopt rules and regulations it deems
8necessary to govern its own procedures.
9    The Board shall monitor and oversee the operations,
10policies, and procedures of the Inspector General to ensure
11the prompt and thorough investigation of allegations of
12neglect and abuse. In fulfilling these responsibilities, the
13Board may do the following:
14        (1) Provide independent, expert consultation to the
15    Inspector General on policies and protocols for
16    investigations of alleged abuse, neglect, or both abuse
17    and neglect.
18        (2) Review existing regulations relating to the
19    operation of facilities.
20        (3) Advise the Inspector General as to the content of
21    training activities authorized under this Section.
22        (4) Recommend policies concerning methods for
23    improving the intergovernmental relationships between the
24    Office of the Inspector General and other State or federal
25    offices.
26    (v) Annual report. The Inspector General shall provide to

 

 

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1the General Assembly and the Governor, no later than January 1
2of each year, a summary of reports and investigations made
3under this Act for the prior fiscal year with respect to
4individuals receiving mental health or developmental
5disabilities services. The report shall detail the imposition
6of sanctions, if any, and the final disposition of any
7corrective or administrative action directed by the Secretary.
8The summaries shall not contain any confidential or
9identifying information of any individual, but shall include
10objective data identifying any trends in the number of
11reported allegations, the timeliness of the Office of the
12Inspector General's investigations, and their disposition, for
13each facility and Department-wide, for the most recent 3-year
14time period. The report shall also identify, by facility, the
15staff-to-patient ratios taking account of direct care staff
16only. The report shall also include detailed recommended
17administrative actions and matters for consideration by the
18General Assembly.
19    (w) Program audit. The Auditor General shall conduct a
20program audit of the Office of the Inspector General on an
21as-needed basis, as determined by the Auditor General. The
22audit shall specifically include the Inspector General's
23compliance with the Act and effectiveness in investigating
24reports of allegations occurring in any facility or agency.
25The Auditor General shall conduct the program audit according
26to the provisions of the Illinois State Auditing Act and shall

 

 

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1report its findings to the General Assembly no later than
2January 1 following the audit period.
3    (x) Nothing in this Section shall be construed to mean
4that an individual is a victim of abuse or neglect because of
5health care services appropriately provided or not provided by
6health care professionals.
7    (y) Nothing in this Section shall require a facility,
8including its employees, agents, medical staff members, and
9health care professionals, to provide a service to an
10individual in contravention of that individual's stated or
11implied objection to the provision of that service on the
12ground that that service conflicts with the individual's
13religious beliefs or practices, nor shall the failure to
14provide a service to an individual be considered abuse under
15this Section if the individual has objected to the provision
16of that service based on his or her religious beliefs or
17practices.
18(Source: P.A. 102-538, eff. 8-20-21; 102-883, eff. 5-13-22;
19102-1071, eff. 6-10-22; 103-76, eff. 6-9-23; 103-154, eff.
206-30-23.)