Sen. Laura Fine

Filed: 3/22/2024

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 857

2    AMENDMENT NO. ______. Amend Senate Bill 857 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Department of Human Services Act is
5amended by 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

 

 

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1within mental health facilities, developmental disabilities
2facilities, and community agencies operated, licensed, funded,
3or certified by the Department of Human Services, but not
4licensed or certified by any other State agency.
5    (b) Definitions. The following definitions apply to this
6Section:
7    "Agency" or "community agency" means (i) a community
8agency licensed, funded, or certified by the Department, but
9not licensed or certified by any other human services agency
10of the State, to provide mental health service or
11developmental disabilities service, or (ii) a program
12licensed, funded, or certified by the Department, but not
13licensed or certified by any other human services agency of
14the State, to provide mental health service or developmental
15disabilities service.
16    "Aggravating circumstance" means a factor that is
17attendant to a finding and that tends to compound or increase
18the culpability of the accused.
19    "Allegation" means an assertion, complaint, suspicion, or
20incident involving any of the following conduct by an
21employee, facility, or agency against an individual or
22individuals: mental abuse, physical abuse, sexual abuse,
23neglect, or financial exploitation, or material obstruction of
24an investigation.
25    "Day" means working day, unless otherwise specified.
26    "Deflection" means a situation in which an individual is

 

 

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

 

 

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1health facility or developmental disabilities facility
2operated by the Department.
3    "Financial exploitation" means taking unjust advantage of
4an individual's assets, property, or financial resources
5through deception, intimidation, or conversion for the
6employee's, facility's, or agency's own advantage or benefit.
7    "Finding" means the Office of Inspector General's
8determination regarding whether an allegation is
9substantiated, unsubstantiated, or unfounded.
10    "Health Care Worker Registry" or "Registry" means the
11Health Care Worker Registry under the Health Care Worker
12Background Check Act.
13    "Individual" means any person receiving mental health
14service, developmental disabilities service, or both from a
15facility or agency, while either on-site or off-site.
16    "Material obstruction of an investigation" means the
17purposeful interference with an investigation of physical
18abuse, sexual abuse, mental abuse, neglect, or financial
19exploitation and includes, but is not limited to, the
20withholding or altering of documentation or recorded evidence;
21influencing, threatening, or impeding witness testimony;
22presenting untruthful information during an interview; failing
23to cooperate with an investigation conducted by the Office of
24the Inspector General. If an employee, following a criminal
25investigation of physical abuse, sexual abuse, mental abuse,
26neglect, or financial exploitation, is convicted of an offense

 

 

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1that is factually predicated on the employee presenting
2untruthful information during the course of the investigation,
3that offense constitutes obstruction of an investigation.
4Obstruction of an investigation does not include: an
5employee's lawful exercising of his or her constitutional
6right against self-incrimination, an employee invoking his or
7her lawful rights to union representation as provided by a
8collective bargaining agreement or the Illinois Public Labor
9Relations Act, or a union representative's lawful activities
10providing representation under a collective bargaining
11agreement or the Illinois Public Labor Relations Act.
12Obstruction of an investigation is considered material when it
13could significantly impair an investigator's ability to gather
14all relevant facts. An employee shall not be placed on the
15Health Care Worker Registry for presenting untruthful
16information during an interview conducted by the Office of the
17Inspector General, unless, prior to the interview, the
18employee was provided with any previous signed statements he
19or she made during the course of the investigation.
20    "Mental abuse" means the use of demeaning, intimidating,
21or threatening words, signs, gestures, or other actions by an
22employee about an individual and in the presence of an
23individual or individuals that results in emotional distress
24or maladaptive behavior, or could have resulted in emotional
25distress or maladaptive behavior, for any individual present.
26    "Mental illness" means "mental illness" as defined in the

 

 

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1Mental Health and Developmental Disabilities Code.
2    "Mentally ill" means having a mental illness.
3    "Mitigating circumstance" means a condition that (i) is
4attendant to a finding, (ii) does not excuse or justify the
5conduct in question, but (iii) may be considered in evaluating
6the severity of the conduct, the culpability of the accused,
7or both the severity of the conduct and the culpability of the
8accused.
9    "Neglect" means an employee's, agency's, or facility's
10failure to provide adequate medical care, personal care, or
11maintenance and that, as a consequence, (i) causes an
12individual pain, injury, or emotional distress, (ii) results
13in either an individual's maladaptive behavior or the
14deterioration of an individual's physical condition or mental
15condition, or (iii) places the individual's health or safety
16at substantial risk.
17    "Person with a developmental disability" means a person
18having a developmental disability.
19    "Physical abuse" means an employee's non-accidental and
20inappropriate contact with an individual that causes bodily
21harm. "Physical abuse" includes actions that cause bodily harm
22as a result of an employee directing an individual or person to
23physically abuse another individual.
24    "Presenting untruthful information" means making a false
25statement, material to an investigation of physical abuse,
26sexual abuse, mental abuse, neglect, or financial

 

 

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1exploitation, knowing the statement is false.
2    "Recommendation" means an admonition, separate from a
3finding, that requires action by the facility, agency, or
4Department to correct a systemic issue, problem, or deficiency
5identified during an investigation. "Recommendation" can also
6mean an admonition to correct a systemic issue, problem or
7deficiency during a review.
8    "Required reporter" means any employee who suspects,
9witnesses, or is informed of an allegation of any one or more
10of the following: mental abuse, physical abuse, sexual abuse,
11neglect, or financial exploitation.
12    "Secretary" means the Chief Administrative Officer of the
13Department.
14    "Sexual abuse" means any sexual contact or intimate
15physical contact between an employee and an individual,
16including an employee's coercion or encouragement of an
17individual to engage in sexual behavior that results in sexual
18contact, intimate physical contact, sexual behavior, or
19intimate physical behavior. Sexual abuse also includes (i) an
20employee's actions that result in the sending or showing of
21sexually explicit images to an individual via computer,
22cellular phone, electronic mail, portable electronic device,
23or other media with or without contact with the individual or
24(ii) an employee's posting of sexually explicit images of an
25individual online or elsewhere whether or not there is contact
26with the individual.

 

 

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1    "Sexually explicit images" includes, but is not limited
2to, any material which depicts nudity, sexual conduct, or
3sado-masochistic abuse, or which contains explicit and
4detailed verbal descriptions or narrative accounts of sexual
5excitement, sexual conduct, or sado-masochistic abuse.
6    "Substantiated" means there is a preponderance of the
7evidence to support the allegation.
8    "Unfounded" means there is no credible evidence to support
9the allegation.
10    "Unsubstantiated" means there is credible evidence, but
11less than a preponderance of evidence to support the
12allegation.
13    (c) Appointment. The Governor shall appoint, and the
14Senate shall confirm, an Inspector General. The Inspector
15General shall be appointed for a term of 4 years and shall
16function within the Department of Human Services and report to
17the Secretary and the Governor.
18    (d) Operation and appropriation. The Inspector General
19shall function independently within the Department with
20respect to the operations of the Office, including the
21performance of investigations and issuance of findings and
22recommendations and the performance of site visits and reviews
23of facilities and community agencies. The appropriation for
24the Office of Inspector General shall be separate from the
25overall appropriation for the Department.
26    (e) Powers and duties. The Inspector General shall

 

 

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1investigate reports of suspected mental abuse, physical abuse,
2sexual abuse, neglect, or financial exploitation of
3individuals in any mental health or developmental disabilities
4facility or agency and shall have authority to take immediate
5action to prevent any one or more of the following from
6happening to individuals under its jurisdiction: mental abuse,
7physical abuse, sexual abuse, neglect, or financial
8exploitation. The Inspector General shall also investigate
9allegations of material obstruction of an investigation by an
10employee. Upon written request of an agency of this State, the
11Inspector General may assist another agency of the State in
12investigating reports of the abuse, neglect, or abuse and
13neglect of persons with mental illness, persons with
14developmental disabilities, or persons with both. The
15Inspector General shall conduct annual site visits of each
16facility and may conduct reviews of facilities and community
17agencies. To comply with the requirements of subsection (k) of
18this Section, the Inspector General shall also review all
19reportable deaths for which there is no allegation of abuse or
20neglect. Nothing in this Section shall preempt any duties of
21the Medical Review Board set forth in the Mental Health and
22Developmental Disabilities Code. The Inspector General shall
23have no authority to investigate alleged violations of the
24State Officials and Employees Ethics Act. Allegations of
25misconduct under the State Officials and Employees Ethics Act
26shall be referred to the Office of the Governor's Executive

 

 

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1Inspector General for investigation.
2    (f) Limitations. The Inspector General shall not conduct
3an investigation within an agency or facility if that
4investigation would be redundant to or interfere with an
5investigation conducted by another State agency. The Inspector
6General shall have no supervision over, or involvement in, the
7routine programmatic, licensing, funding, or certification
8operations of the Department. Nothing in this subsection
9limits investigations by the Department that may otherwise be
10required by law or that may be necessary in the Department's
11capacity as central administrative authority responsible for
12the operation of the State's mental health and developmental
13disabilities facilities.
14    (g) Rulemaking authority. The Inspector General shall
15promulgate rules establishing minimum requirements for
16reporting allegations as well as for initiating, conducting,
17and completing investigations based upon the nature of the
18allegation or allegations. The rules shall clearly establish
19that if 2 or more State agencies could investigate an
20allegation, the Inspector General shall not conduct an
21investigation that would be redundant to, or interfere with,
22an investigation conducted by another State agency. The rules
23shall further clarify the method and circumstances under which
24the Office of Inspector General may interact with the
25licensing, funding, or certification units of the Department
26in preventing further occurrences of mental abuse, physical

 

 

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1abuse, sexual abuse, neglect, egregious neglect, and financial
2exploitation, and material obstruction of an investigation.
3    (g-5) Site visits and review authority.
4        (1) Site visits. The Inspector General shall conduct
5    unannounced site visits to each facility at least annually
6    for the purpose of reviewing and making recommendations on
7    systemic issues relative to preventing, reporting,
8    investigating, and responding to all of the following:
9    mental abuse, physical abuse, sexual abuse, neglect,
10    egregious neglect, financial exploitation, or material
11    obstruction of an investigation.
12        (2) Review authority. In response to complaints or
13    information gathered from investigations, the Inspector
14    General shall have and may exercise the authority to
15    initiate reviews of facilities and agencies related to
16    preventing, reporting, investigating, and responding to
17    all of the following: mental abuse, physical abuse, sexual
18    abuse, neglect, egregious neglect, financial exploitation,
19    or material obstruction of an investigation. Upon
20    concluding a review, the Inspector General shall issue a
21    written report setting forth its conclusions and
22    recommendations. The report shall be distributed to the
23    Secretary and to the director of the facility or agency
24    that was the subject of review. Within 45 calendar days,
25    the facility or agency shall submit a written response
26    addressing the Inspector General's conclusions and

 

 

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1    recommendations and, in a concise and reasoned manner, the
2    actions taken, if applicable, to: (i) protect the
3    individual or individuals; (ii) prevent recurrences; and
4    (iii) eliminate the problems identified. The response
5    shall include the implementation and completion dates of
6    such actions.
7    (h) Training programs. The Inspector General shall (i)
8establish a comprehensive program to ensure that every person
9authorized to conduct investigations receives ongoing training
10relative to investigation techniques, communication skills,
11and the appropriate means of interacting with persons
12receiving treatment for mental illness, developmental
13disability, or both mental illness and developmental
14disability, and (ii) establish and conduct periodic training
15programs for facility and agency employees concerning the
16prevention and reporting of any one or more of the following:
17mental abuse, physical abuse, sexual abuse, neglect, egregious
18neglect, or financial exploitation, or material obstruction of
19an investigation. The Inspector General shall further ensure
20(i) every person authorized to conduct investigations at
21community agencies receives ongoing training in Title 59,
22Parts 115, 116, and 119 of the Illinois Administrative Code,
23and (ii) every person authorized to conduct investigations
24shall receive ongoing training in Title 59, Part 50 of the
25Illinois Administrative Code. Nothing in this Section shall be
26deemed to prevent the Office of Inspector General from

 

 

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

 

 

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1    information to an Office of the Inspector General
2    investigator, (v) destroying evidence, (vi) withholding
3    evidence, or (vii) otherwise obstructing an Office of the
4    Inspector General investigation. Additionally, any
5    employee who, during an unannounced site visit, or written
6    response compliance check, or review fails to cooperate
7    with requests from the Office of the Inspector General is
8    in violation of this Act.
9    (j) Subpoena powers. The Inspector General shall have the
10power to subpoena witnesses and compel the production of all
11documents and physical evidence relating to his or her
12investigations and reviews and any hearings authorized by this
13Act. This subpoena power shall not extend to persons or
14documents of a labor organization or its representatives
15insofar as the persons are acting in a representative capacity
16to an employee whose conduct is the subject of an
17investigation or the documents relate to that representation.
18Any person who otherwise fails to respond to a subpoena or who
19knowingly provides false information to the Office of the
20Inspector General by subpoena during an investigation is
21guilty of a Class A misdemeanor.
22    (k) Reporting allegations and deaths.
23        (1) Allegations. If an employee witnesses, is told of,
24    or has reason to believe an incident of mental abuse,
25    physical abuse, sexual abuse, neglect, or financial
26    exploitation, or material obstruction of an investigation

 

 

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1    has occurred, the employee, agency, or facility shall
2    report the allegation by phone to the Office of the
3    Inspector General hotline according to the agency's or
4    facility's procedures, but in no event later than 4 hours
5    after the initial discovery of the incident, allegation,
6    or suspicion of any one or more of the following: mental
7    abuse, physical abuse, sexual abuse, neglect, or financial
8    exploitation, or material obstruction of an investigation.
9    A required reporter as defined in subsection (b) of this
10    Section who knowingly or intentionally fails to comply
11    with these reporting requirements is guilty of a Class A
12    misdemeanor.
13        (2) Deaths. Absent an allegation, a required reporter
14    shall, within 24 hours after initial discovery, report by
15    phone to the Office of the Inspector General hotline each
16    of the following:
17            (i) Any death of an individual occurring within 14
18        calendar days after discharge or transfer of the
19        individual from a residential program or facility.
20            (ii) Any death of an individual occurring within
21        24 hours after deflection from a residential program
22        or facility.
23            (iii) Any other death of an individual occurring
24        at an agency or facility or at any Department-funded
25        site.
26        (3) Retaliation. It is a violation of this Act for any

 

 

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1    employee or administrator of an agency or facility to take
2    retaliatory action against an employee who acts in good
3    faith in conformance with his or her duties as a required
4    reporter.
5    (l) Reporting to law enforcement. Reporting criminal acts.
6Within 24 hours after determining that there is credible
7evidence indicating that a criminal act may have been
8committed or that special expertise may be required in an
9investigation, the Inspector General shall notify the Illinois
10State Police or other appropriate law enforcement authority,
11or ensure that such notification is made. The Illinois State
12Police shall investigate any report from a State-operated
13facility indicating a possible murder, sexual assault, or
14other felony by an employee. All investigations conducted by
15the Inspector General shall be conducted in a manner designed
16to ensure the preservation of evidence for possible use in a
17criminal prosecution.
18    (m) Investigative reports. Upon completion of an
19investigation, the Office of Inspector General shall issue an
20investigative report identifying whether the allegations are
21substantiated, unsubstantiated, or unfounded. Within 10
22business days after the transmittal of a completed
23investigative report substantiating an allegation, finding an
24allegation is unsubstantiated, or if a recommendation is made,
25the Inspector General shall provide the investigative report
26on the case to the Secretary and to the director of the

 

 

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1facility or agency where any one or more of the following
2occurred: mental abuse, physical abuse, sexual abuse, neglect,
3egregious neglect, financial exploitation, or material
4obstruction of an investigation. The director of the facility
5or agency shall be responsible for maintaining the
6confidentiality of the investigative report consistent with
7State and federal law. In a substantiated case, the
8investigative report shall include any mitigating or
9aggravating circumstances that were identified during the
10investigation. If the case involves substantiated neglect, the
11investigative report shall also state whether egregious
12neglect was found. An investigative report may also set forth
13recommendations. All investigative reports prepared by the
14Office of the Inspector General shall be considered
15confidential and shall not be released except as provided by
16the law of this State or as required under applicable federal
17law. Unsubstantiated and unfounded reports shall not be
18disclosed except as allowed under Section 6 of the Abused and
19Neglected Long Term Care Facility Residents Reporting Act. Raw
20data used to compile the investigative report shall not be
21subject to release unless required by law or a court order.
22"Raw data used to compile the investigative report" includes,
23but is not limited to, any one or more of the following: the
24initial complaint, witness statements, photographs,
25investigator's notes, police reports, or incident reports. If
26the allegations are substantiated, the victim, the victim's

 

 

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1guardian, and the accused shall be provided with a redacted
2copy of the investigative report. Death reports where there
3was no allegation of abuse or neglect shall only be released
4pursuant to applicable State or federal law or a valid court
5order. Unredacted investigative reports, as well as raw data,
6may be shared with a local law enforcement entity, a State's
7Attorney's office, or a county coroner's office upon written
8request.
9    (n) Written responses, clarification requests, and
10reconsideration requests.
11        (1) Written responses. Within 30 calendar days from
12    receipt of a substantiated investigative report or an
13    investigative report which contains recommendations,
14    absent a reconsideration request, the facility or agency
15    shall file a written response that addresses, in a concise
16    and reasoned manner, the actions taken to: (i) protect the
17    individual; (ii) prevent recurrences; and (iii) eliminate
18    the problems identified. The response shall include the
19    implementation and completion dates of such actions. If
20    the written response is not filed within the allotted 30
21    calendar day period, the Secretary
, or the Secretary's
22    designee, shall determine the appropriate corrective
23    action to be taken.
24        (2) Requests for clarification. The facility, agency,
25    victim or guardian, or the subject employee may request
26    that the Office of Inspector General clarify the finding

 

 

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1    or findings for which clarification is sought.
2        (3) Requests for reconsideration. The facility,
3    agency, victim or guardian, or the subject employee may
4    request that the Office of the Inspector General
5    reconsider the finding or findings or the recommendations.
6    A request for reconsideration shall be subject to a
7    multi-layer review and shall include at least one reviewer
8    who did not participate in the investigation or approval
9    of the original investigative report. After the
10    multi-layer review process has been completed, the
11    Inspector General shall make the final determination on
12    the reconsideration request. The investigation shall be
13    reopened if the reconsideration determination finds that
14    additional information is needed to complete the
15    investigative record.
16    (o) Disclosure of the finding by the Inspector General.
17The Inspector General shall disclose the finding of an
18investigation to the following persons: (i) the Governor, (ii)
19the Secretary, (iii) the director of the facility or agency,
20(iv) the alleged victims and their guardians, (v) the
21complainant, and (vi) the accused. This information shall
22include whether the allegations were deemed substantiated,
23unsubstantiated, or unfounded.
24    (p) Secretary review. Upon review of the Inspector
25General's investigative report and any agency's or facility's
26written response, the Secretary, or the Secretary's designee,

 

 

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1shall accept or reject the written response and notify the
2Inspector General of that determination. The Secretary, or the
3Secretary's designee, may further direct that other
4administrative action be taken, including, but not limited to,
5any one or more of the following: (i) additional site visits,
6(ii) training, (iii) provision of technical assistance
7relative to administrative needs, licensure, or certification,
8or (iv) the imposition of appropriate sanctions.
9    (q) Action by facility or agency. Within 30 days of the
10date the Secretary, or the Secretary's designee, approves the
11written response or directs that further administrative action
12be taken, the facility or agency shall provide an
13implementation report to the Inspector General that provides
14the status of the action taken. The facility or agency shall be
15allowed an additional 30 days to send notice of completion of
16the action or to send an updated implementation report. If the
17action has not been completed within the additional 30-day
18period, the facility or agency shall send updated
19implementation reports every 60 days until completion. The
20Inspector General shall conduct a review of any implementation
21plan that takes more than 120 days after approval to complete,
22and shall monitor compliance through a random review of
23approved written responses, which may include, but are not
24limited to: (i) site visits, (ii) telephone contact, and (iii)
25requests for additional documentation evidencing compliance.
26    (r) Sanctions. Sanctions, if imposed by the Secretary

 

 

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1under Subdivision (p)(iv) of this Section, shall be designed
2to prevent further acts of mental abuse, physical abuse,
3sexual abuse, neglect, egregious neglect, or financial
4exploitation or some combination of one or more of those acts
5at a facility or agency, and may include any one or more of the
6following:
7        (1) Appointment of on-site monitors.
8        (2) Transfer or relocation of an individual or
9    individuals.
10        (3) Closure of units.
11        (4) Termination of any one or more of the following:
12    (i) Department licensing, (ii) funding, or (iii)
13    certification.
14    The Inspector General may seek the assistance of the
15Illinois Attorney General or the office of any State's
16Attorney in implementing sanctions.
17    (s) Health Care Worker Registry.
18        (1) Reporting to the Registry. The Inspector General
19    shall report to the Department of Public Health's Health
20    Care Worker Registry, a public registry, the identity and
21    finding of each employee of a facility or agency against
22    whom there is a final investigative report prepared by the
23    Office of the Inspector General containing a substantiated
24    allegation of physical or sexual abuse, financial
25    exploitation, egregious neglect of an individual, or
26    material obstruction of an investigation, unless the

 

 

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1    Inspector General requests a stipulated disposition of the
2    investigative report that does not include the reporting
3    of the employee's name to the Health Care Worker Registry
4    and the Secretary of Human Services agrees with the
5    requested stipulated disposition.
6        (2) Notice to employee. Prior to reporting the name of
7    an employee, the employee shall be notified of the
8    Department's obligation to report and shall be granted an
9    opportunity to request an administrative hearing, the sole
10    purpose of which is to determine if the substantiated
11    finding warrants reporting to the Registry. Notice to the
12    employee shall contain a clear and concise statement of
13    the grounds on which the report to the Registry is based,
14    offer the employee an opportunity for a hearing, and
15    identify the process for requesting such a hearing. Notice
16    is sufficient if provided by certified mail to the
17    employee's last known address. If the employee fails to
18    request a hearing within 30 days from the date of the
19    notice, the Inspector General shall report the name of the
20    employee to the Registry. Nothing in this subdivision
21    (s)(2) shall diminish or impair the rights of a person who
22    is a member of a collective bargaining unit under the
23    Illinois Public Labor Relations Act or under any other
24    federal labor statute.
25        (3) Registry hearings. If the employee requests an
26    administrative hearing, the employee shall be granted an

 

 

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1    opportunity to appear before an administrative law judge
2    to present reasons why the employee's name should not be
3    reported to the Registry. The Department shall bear the
4    burden of presenting evidence that establishes, by a
5    preponderance of the evidence, that the substantiated
6    finding warrants reporting to the Registry. After
7    considering all the evidence presented, the administrative
8    law judge shall make a recommendation to the Secretary as
9    to whether the substantiated finding warrants reporting
10    the name of the employee to the Registry. The Secretary
11    shall render the final decision. The Department and the
12    employee shall have the right to request that the
13    administrative law judge consider a stipulated disposition
14    of these proceedings.
15        (4) Testimony at Registry hearings. A person who makes
16    a report or who investigates a report under this Act shall
17    testify fully in any judicial proceeding resulting from
18    such a report, as to any evidence of physical abuse,
19    sexual abuse, egregious neglect, financial exploitation,
20    or material obstruction of an investigation abuse or
21    neglect, or the cause thereof. No evidence shall be
22    excluded by reason of any common law or statutory
23    privilege relating to communications between the alleged
24    perpetrator of abuse or neglect, or the individual alleged
25    as the victim in the report, and the person making or
26    investigating the report. Testimony at hearings is exempt

 

 

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1    from the confidentiality requirements of subsection (f) of
2    Section 10 of the Mental Health and Developmental
3    Disabilities Confidentiality Act.
4        (5) Employee's rights to collateral action. No
5    reporting to the Registry shall occur and no hearing shall
6    be set or proceed if an employee notifies the Inspector
7    General in writing, including any supporting
8    documentation, that he or she is formally contesting an
9    adverse employment action resulting from a substantiated
10    finding by complaint filed with the Illinois Civil Service
11    Commission, or which otherwise seeks to enforce the
12    employee's rights pursuant to any applicable collective
13    bargaining agreement. If an action taken by an employer
14    against an employee as a result of a finding of physical
15    abuse, sexual abuse, or egregious neglect, financial
16    exploitation, or material obstruction of an investigation
17    is overturned through an action filed with the Illinois
18    Civil Service Commission or under any applicable
19    collective bargaining agreement and if that employee's
20    name has already been sent to the Registry, the employee's
21    name shall be removed from the Registry.
22        (6) Removal from Registry. At any time after the
23    report to the Registry, but no more than once in any
24    12-month period, an employee may petition the Department
25    in writing to remove his or her name from the Registry.
26    Upon receiving notice of such request, the Inspector

 

 

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1    General shall conduct an investigation into the petition.
2    Upon receipt of such request, an administrative hearing
3    will be set by the Department. At the hearing, the
4    employee shall bear the burden of presenting evidence that
5    establishes, by a preponderance of the evidence, that
6    removal of the name from the Registry is in the public
7    interest. The parties may jointly request that the
8    administrative law judge consider a stipulated disposition
9    of these proceedings.
10    (t) Review of Administrative Decisions. The Department
11shall preserve a record of all proceedings at any formal
12hearing conducted by the Department involving Health Care
13Worker Registry hearings. Final administrative decisions of
14the Department are subject to judicial review pursuant to
15provisions of the Administrative Review Law.
16    (u) Quality Care Board. There is created, within the
17Office of the Inspector General, a Quality Care Board to be
18composed of 7 members appointed by the Governor with the
19advice and consent of the Senate. One of the members shall be
20designated as chairman by the Governor. Of the initial
21appointments made by the Governor, 4 Board members shall each
22be appointed for a term of 4 years and 3 members shall each be
23appointed for a term of 2 years. Upon the expiration of each
24member's term, a successor shall be appointed for a term of 4
25years. In the case of a vacancy in the office of any member,
26the Governor shall appoint a successor for the remainder of

 

 

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1the unexpired term.
2    Members appointed by the Governor shall be qualified by
3professional knowledge or experience in the area of law,
4investigatory techniques, or in the area of care of the
5mentally ill or care of persons with developmental
6disabilities. Two members appointed by the Governor shall be
7persons with a disability or parents of persons with a
8disability. Members shall serve without compensation, but
9shall be reimbursed for expenses incurred in connection with
10the performance of their duties as members.
11    The Board shall meet quarterly, and may hold other
12meetings on the call of the chairman. Four members shall
13constitute a quorum allowing the Board to conduct its
14business. The Board may adopt rules and regulations it deems
15necessary to govern its own procedures.
16    The Board shall monitor and oversee the operations,
17policies, and procedures of the Inspector General to ensure
18the prompt and thorough investigation of allegations of
19neglect and abuse. In fulfilling these responsibilities, the
20Board may do 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
24    and 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
8the General Assembly and the Governor, no later than January 1
9of each year, a summary of reports and investigations made
10under this Act for the prior fiscal year with respect to
11individuals receiving mental health or developmental
12disabilities services. The report shall detail the imposition
13of sanctions, if any, and the final disposition of any
14corrective or administrative action directed by the Secretary.
15The summaries shall not contain any confidential or
16identifying information of any individual, but shall include
17objective data identifying any trends in the number of
18reported allegations, the timeliness of the Office of the
19Inspector General's investigations, and their disposition, for
20each facility and Department-wide, for the most recent 3-year
21time period. The report shall also identify, by facility, the
22staff-to-patient ratios taking account of direct care staff
23only. The report shall also include detailed recommended
24administrative actions and matters for consideration by the
25General Assembly.
26    (w) Program audit. The Auditor General shall conduct a

 

 

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1program audit of the Office of the Inspector General on an
2as-needed basis, as determined by the Auditor General. The
3audit shall specifically include the Inspector General's
4compliance with the Act and effectiveness in investigating
5reports of allegations occurring in any facility or agency.
6The Auditor General shall conduct the program audit according
7to the provisions of the Illinois State Auditing Act and shall
8report its findings to the General Assembly no later than
9January 1 following the audit period.
10    (x) Nothing in this Section shall be construed to mean
11that an individual is a victim of abuse or neglect because of
12health care services appropriately provided or not provided by
13health care professionals.
14    (y) Nothing in this Section shall require a facility,
15including its employees, agents, medical staff members, and
16health care professionals, to provide a service to an
17individual in contravention of that individual's stated or
18implied objection to the provision of that service on the
19ground that that service conflicts with the individual's
20religious beliefs or practices, nor shall the failure to
21provide a service to an individual be considered abuse under
22this Section if the individual has objected to the provision
23of that service based on his or her religious beliefs or
24practices.
25(Source: P.A. 102-538, eff. 8-20-21; 102-883, eff. 5-13-22;
26102-1071, eff. 6-10-22; 103-76, eff. 6-9-23; 103-154, eff.

 

 

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16-30-23.)".