94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB3067

 

Introduced 1/20/2006, by Sen. Christine Radogno

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 120/2   from Ch. 102, par. 42
5 ILCS 140/7   from Ch. 116, par. 207
55 ILCS 5/3-3020   from Ch. 34, par. 3-3020
210 ILCS 28/5
210 ILCS 28/10
210 ILCS 28/15
210 ILCS 28/20
210 ILCS 28/25
210 ILCS 28/30
210 ILCS 28/35
210 ILCS 28/40
210 ILCS 28/45 new
210 ILCS 28/50 new
210 ILCS 28/85
210 ILCS 45/3-213   from Ch. 111 1/2, par. 4153-213

    Amends the Counties Code, the Abuse Prevention Review Team Act, and the Nursing Home Care Act. Requires a nursing home administrator to notify the coroner or medical examiner within 24 hours of the death of a nursing home resident; makes a failure to do so a Class A misdemeanor. Provides for a single Residential Health Care Facility Resident Sexual Assault And Death Review Team instead of multiple review teams. Requires the Review Team to review a nursing home resident's death (i) if the resident's death results in the Department of Public Health issuing a notice of violation under the Nursing Home Care Act (instead of if the Department found that the resident's care violated federal or State standards within the 6 months preceding the resident's death) or (ii) if the resident's death was reported to the coroner or medical examiner as required under certain provisions of the Nursing Home Care Act (instead of if the resident's care was the subject of a complaint to the Department). Requires the Department to include the Review Team's activities in its annual Long-Term Care Report to the General Assembly. Extends the repeal of the Abuse Prevention Review Team Act from July 1, 2006 to July 1, 2011. Makes other changes. Amends the Open Meetings Act and the Freedom of Information Act to make conforming changes. Effective immediately.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3067 LRB094 19123 DRJ 54644 b

1     AN ACT concerning regulation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 2. The Open Meetings Act is amended by changing
5 Section 2 as follows:
 
6     (5 ILCS 120/2)  (from Ch. 102, par. 42)
7     Sec. 2. Open meetings.
8     (a) Openness required. All meetings of public bodies shall
9 be open to the public unless excepted in subsection (c) and
10 closed in accordance with Section 2a.
11     (b) Construction of exceptions. The exceptions contained
12 in subsection (c) are in derogation of the requirement that
13 public bodies meet in the open, and therefore, the exceptions
14 are to be strictly construed, extending only to subjects
15 clearly within their scope. The exceptions authorize but do not
16 require the holding of a closed meeting to discuss a subject
17 included within an enumerated exception.
18     (c) Exceptions. A public body may hold closed meetings to
19 consider the following subjects:
20         (1) The appointment, employment, compensation,
21     discipline, performance, or dismissal of specific
22     employees of the public body or legal counsel for the
23     public body, including hearing testimony on a complaint
24     lodged against an employee of the public body or against
25     legal counsel for the public body to determine its
26     validity.
27         (2) Collective negotiating matters between the public
28     body and its employees or their representatives, or
29     deliberations concerning salary schedules for one or more
30     classes of employees.
31         (3) The selection of a person to fill a public office,
32     as defined in this Act, including a vacancy in a public

 

 

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1     office, when the public body is given power to appoint
2     under law or ordinance, or the discipline, performance or
3     removal of the occupant of a public office, when the public
4     body is given power to remove the occupant under law or
5     ordinance.
6         (4) Evidence or testimony presented in open hearing, or
7     in closed hearing where specifically authorized by law, to
8     a quasi-adjudicative body, as defined in this Act, provided
9     that the body prepares and makes available for public
10     inspection a written decision setting forth its
11     determinative reasoning.
12         (5) The purchase or lease of real property for the use
13     of the public body, including meetings held for the purpose
14     of discussing whether a particular parcel should be
15     acquired.
16         (6) The setting of a price for sale or lease of
17     property owned by the public body.
18         (7) The sale or purchase of securities, investments, or
19     investment contracts.
20         (8) Security procedures and the use of personnel and
21     equipment to respond to an actual, a threatened, or a
22     reasonably potential danger to the safety of employees,
23     students, staff, the public, or public property.
24         (9) Student disciplinary cases.
25         (10) The placement of individual students in special
26     education programs and other matters relating to
27     individual students.
28         (11) Litigation, when an action against, affecting or
29     on behalf of the particular public body has been filed and
30     is pending before a court or administrative tribunal, or
31     when the public body finds that an action is probable or
32     imminent, in which case the basis for the finding shall be
33     recorded and entered into the minutes of the closed
34     meeting.
35         (12) The establishment of reserves or settlement of
36     claims as provided in the Local Governmental and

 

 

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1     Governmental Employees Tort Immunity Act, if otherwise the
2     disposition of a claim or potential claim might be
3     prejudiced, or the review or discussion of claims, loss or
4     risk management information, records, data, advice or
5     communications from or with respect to any insurer of the
6     public body or any intergovernmental risk management
7     association or self insurance pool of which the public body
8     is a member.
9         (13) Conciliation of complaints of discrimination in
10     the sale or rental of housing, when closed meetings are
11     authorized by the law or ordinance prescribing fair housing
12     practices and creating a commission or administrative
13     agency for their enforcement.
14         (14) Informant sources, the hiring or assignment of
15     undercover personnel or equipment, or ongoing, prior or
16     future criminal investigations, when discussed by a public
17     body with criminal investigatory responsibilities.
18         (15) Professional ethics or performance when
19     considered by an advisory body appointed to advise a
20     licensing or regulatory agency on matters germane to the
21     advisory body's field of competence.
22         (16) Self evaluation, practices and procedures or
23     professional ethics, when meeting with a representative of
24     a statewide association of which the public body is a
25     member.
26         (17) The recruitment, credentialing, discipline or
27     formal peer review of physicians or other health care
28     professionals for a hospital, or other institution
29     providing medical care, that is operated by the public
30     body.
31         (18) Deliberations for decisions of the Prisoner
32     Review Board.
33         (19) Review or discussion of applications received
34     under the Experimental Organ Transplantation Procedures
35     Act.
36         (20) The classification and discussion of matters

 

 

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1     classified as confidential or continued confidential by
2     the State Employees Suggestion Award Board.
3         (21) Discussion of minutes of meetings lawfully closed
4     under this Act, whether for purposes of approval by the
5     body of the minutes or semi-annual review of the minutes as
6     mandated by Section 2.06.
7         (22) Deliberations for decisions of the State
8     Emergency Medical Services Disciplinary Review Board.
9         (23) The operation by a municipality of a municipal
10     utility or the operation of a municipal power agency or
11     municipal natural gas agency when the discussion involves
12     (i) contracts relating to the purchase, sale, or delivery
13     of electricity or natural gas or (ii) the results or
14     conclusions of load forecast studies.
15         (24) Meetings of a residential health care facility
16     resident sexual assault and death review team or the
17     Residential Health Care Facility Resident Sexual Assault
18     and Death Review Team Teams Executive Council under the
19     Abuse Prevention Residential Health Care Facility Resident
20     Sexual Assault and Death Review Team Act.
21     (d) Definitions. For purposes of this Section:
22     "Employee" means a person employed by a public body whose
23 relationship with the public body constitutes an
24 employer-employee relationship under the usual common law
25 rules, and who is not an independent contractor.
26     "Public office" means a position created by or under the
27 Constitution or laws of this State, the occupant of which is
28 charged with the exercise of some portion of the sovereign
29 power of this State. The term "public office" shall include
30 members of the public body, but it shall not include
31 organizational positions filled by members thereof, whether
32 established by law or by a public body itself, that exist to
33 assist the body in the conduct of its business.
34     "Quasi-adjudicative body" means an administrative body
35 charged by law or ordinance with the responsibility to conduct
36 hearings, receive evidence or testimony and make

 

 

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1 determinations based thereon, but does not include local
2 electoral boards when such bodies are considering petition
3 challenges.
4     (e) Final action. No final action may be taken at a closed
5 meeting. Final action shall be preceded by a public recital of
6 the nature of the matter being considered and other information
7 that will inform the public of the business being conducted.
8 (Source: P.A. 93-57, eff. 7-1-03; 93-79, eff. 7-2-03; 93-422,
9 eff. 8-5-03; 93-577, eff. 8-21-03; revised 9-8-03.)
 
10     Section 3. The Freedom of Information Act is amended by
11 changing Section 7 as follows:
 
12     (5 ILCS 140/7)  (from Ch. 116, par. 207)
13     Sec. 7. Exemptions.
14     (1) The following shall be exempt from inspection and
15 copying:
16         (a) Information specifically prohibited from
17     disclosure by federal or State law or rules and regulations
18     adopted under federal or State law.
19         (b) Information that, if disclosed, would constitute a
20     clearly unwarranted invasion of personal privacy, unless
21     the disclosure is consented to in writing by the individual
22     subjects of the information. The disclosure of information
23     that bears on the public duties of public employees and
24     officials shall not be considered an invasion of personal
25     privacy. Information exempted under this subsection (b)
26     shall include but is not limited to:
27             (i) files and personal information maintained with
28         respect to clients, patients, residents, students or
29         other individuals receiving social, medical,
30         educational, vocational, financial, supervisory or
31         custodial care or services directly or indirectly from
32         federal agencies or public bodies;
33             (ii) personnel files and personal information
34         maintained with respect to employees, appointees or

 

 

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1         elected officials of any public body or applicants for
2         those positions;
3             (iii) files and personal information maintained
4         with respect to any applicant, registrant or licensee
5         by any public body cooperating with or engaged in
6         professional or occupational registration, licensure
7         or discipline;
8             (iv) information required of any taxpayer in
9         connection with the assessment or collection of any tax
10         unless disclosure is otherwise required by State
11         statute;
12             (v) information revealing the identity of persons
13         who file complaints with or provide information to
14         administrative, investigative, law enforcement or
15         penal agencies; provided, however, that identification
16         of witnesses to traffic accidents, traffic accident
17         reports, and rescue reports may be provided by agencies
18         of local government, except in a case for which a
19         criminal investigation is ongoing, without
20         constituting a clearly unwarranted per se invasion of
21         personal privacy under this subsection; and
22             (vi) the names, addresses, or other personal
23         information of participants and registrants in park
24         district, forest preserve district, and conservation
25         district programs.
26         (c) Records compiled by any public body for
27     administrative enforcement proceedings and any law
28     enforcement or correctional agency for law enforcement
29     purposes or for internal matters of a public body, but only
30     to the extent that disclosure would:
31             (i) interfere with pending or actually and
32         reasonably contemplated law enforcement proceedings
33         conducted by any law enforcement or correctional
34         agency;
35             (ii) interfere with pending administrative
36         enforcement proceedings conducted by any public body;

 

 

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1             (iii) deprive a person of a fair trial or an
2         impartial hearing;
3             (iv) unavoidably disclose the identity of a
4         confidential source or confidential information
5         furnished only by the confidential source;
6             (v) disclose unique or specialized investigative
7         techniques other than those generally used and known or
8         disclose internal documents of correctional agencies
9         related to detection, observation or investigation of
10         incidents of crime or misconduct;
11             (vi) constitute an invasion of personal privacy
12         under subsection (b) of this Section;
13             (vii) endanger the life or physical safety of law
14         enforcement personnel or any other person; or
15             (viii) obstruct an ongoing criminal investigation.
16         (d) Criminal history record information maintained by
17     State or local criminal justice agencies, except the
18     following which shall be open for public inspection and
19     copying:
20             (i) chronologically maintained arrest information,
21         such as traditional arrest logs or blotters;
22             (ii) the name of a person in the custody of a law
23         enforcement agency and the charges for which that
24         person is being held;
25             (iii) court records that are public;
26             (iv) records that are otherwise available under
27         State or local law; or
28             (v) records in which the requesting party is the
29         individual identified, except as provided under part
30         (vii) of paragraph (c) of subsection (1) of this
31         Section.
32         "Criminal history record information" means data
33     identifiable to an individual and consisting of
34     descriptions or notations of arrests, detentions,
35     indictments, informations, pre-trial proceedings, trials,
36     or other formal events in the criminal justice system or

 

 

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1     descriptions or notations of criminal charges (including
2     criminal violations of local municipal ordinances) and the
3     nature of any disposition arising therefrom, including
4     sentencing, court or correctional supervision,
5     rehabilitation and release. The term does not apply to
6     statistical records and reports in which individuals are
7     not identified and from which their identities are not
8     ascertainable, or to information that is for criminal
9     investigative or intelligence purposes.
10         (e) Records that relate to or affect the security of
11     correctional institutions and detention facilities.
12         (f) Preliminary drafts, notes, recommendations,
13     memoranda and other records in which opinions are
14     expressed, or policies or actions are formulated, except
15     that a specific record or relevant portion of a record
16     shall not be exempt when the record is publicly cited and
17     identified by the head of the public body. The exemption
18     provided in this paragraph (f) extends to all those records
19     of officers and agencies of the General Assembly that
20     pertain to the preparation of legislative documents.
21         (g) Trade secrets and commercial or financial
22     information obtained from a person or business where the
23     trade secrets or information are proprietary, privileged
24     or confidential, or where disclosure of the trade secrets
25     or information may cause competitive harm, including:
26             (i) All information determined to be confidential
27         under Section 4002 of the Technology Advancement and
28         Development Act.
29             (ii) All trade secrets and commercial or financial
30         information obtained by a public body, including a
31         public pension fund, from a private equity fund or a
32         privately held company within the investment portfolio
33         of a private equity fund as a result of either
34         investing or evaluating a potential investment of
35         public funds in a private equity fund. The exemption
36         contained in this item does not apply to the aggregate

 

 

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1         financial performance information of a private equity
2         fund, nor to the identity of the fund's managers or
3         general partners. The exemption contained in this item
4         does not apply to the identity of a privately held
5         company within the investment portfolio of a private
6         equity fund, unless the disclosure of the identity of a
7         privately held company may cause competitive harm.
8     Nothing contained in this paragraph (g) shall be construed
9 to prevent a person or business from consenting to disclosure.
10         (h) Proposals and bids for any contract, grant, or
11     agreement, including information which if it were
12     disclosed would frustrate procurement or give an advantage
13     to any person proposing to enter into a contractor
14     agreement with the body, until an award or final selection
15     is made. Information prepared by or for the body in
16     preparation of a bid solicitation shall be exempt until an
17     award or final selection is made.
18         (i) Valuable formulae, computer geographic systems,
19     designs, drawings and research data obtained or produced by
20     any public body when disclosure could reasonably be
21     expected to produce private gain or public loss. The
22     exemption for "computer geographic systems" provided in
23     this paragraph (i) does not extend to requests made by news
24     media as defined in Section 2 of this Act when the
25     requested information is not otherwise exempt and the only
26     purpose of the request is to access and disseminate
27     information regarding the health, safety, welfare, or
28     legal rights of the general public.
29         (j) Test questions, scoring keys and other examination
30     data used to administer an academic examination or
31     determined the qualifications of an applicant for a license
32     or employment.
33         (k) Architects' plans, engineers' technical
34     submissions, and other construction related technical
35     documents for projects not constructed or developed in
36     whole or in part with public funds and the same for

 

 

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1     projects constructed or developed with public funds, but
2     only to the extent that disclosure would compromise
3     security, including but not limited to water treatment
4     facilities, airport facilities, sport stadiums, convention
5     centers, and all government owned, operated, or occupied
6     buildings.
7         (l) Library circulation and order records identifying
8     library users with specific materials.
9         (m) Minutes of meetings of public bodies closed to the
10     public as provided in the Open Meetings Act until the
11     public body makes the minutes available to the public under
12     Section 2.06 of the Open Meetings Act.
13         (n) Communications between a public body and an
14     attorney or auditor representing the public body that would
15     not be subject to discovery in litigation, and materials
16     prepared or compiled by or for a public body in
17     anticipation of a criminal, civil or administrative
18     proceeding upon the request of an attorney advising the
19     public body, and materials prepared or compiled with
20     respect to internal audits of public bodies.
21         (o) Information received by a primary or secondary
22     school, college or university under its procedures for the
23     evaluation of faculty members by their academic peers.
24         (p) Administrative or technical information associated
25     with automated data processing operations, including but
26     not limited to software, operating protocols, computer
27     program abstracts, file layouts, source listings, object
28     modules, load modules, user guides, documentation
29     pertaining to all logical and physical design of
30     computerized systems, employee manuals, and any other
31     information that, if disclosed, would jeopardize the
32     security of the system or its data or the security of
33     materials exempt under this Section.
34         (q) Documents or materials relating to collective
35     negotiating matters between public bodies and their
36     employees or representatives, except that any final

 

 

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1     contract or agreement shall be subject to inspection and
2     copying.
3         (r) Drafts, notes, recommendations and memoranda
4     pertaining to the financing and marketing transactions of
5     the public body. The records of ownership, registration,
6     transfer, and exchange of municipal debt obligations, and
7     of persons to whom payment with respect to these
8     obligations is made.
9         (s) The records, documents and information relating to
10     real estate purchase negotiations until those negotiations
11     have been completed or otherwise terminated. With regard to
12     a parcel involved in a pending or actually and reasonably
13     contemplated eminent domain proceeding under Article VII
14     of the Code of Civil Procedure, records, documents and
15     information relating to that parcel shall be exempt except
16     as may be allowed under discovery rules adopted by the
17     Illinois Supreme Court. The records, documents and
18     information relating to a real estate sale shall be exempt
19     until a sale is consummated.
20         (t) Any and all proprietary information and records
21     related to the operation of an intergovernmental risk
22     management association or self-insurance pool or jointly
23     self-administered health and accident cooperative or pool.
24         (u) Information concerning a university's adjudication
25     of student or employee grievance or disciplinary cases, to
26     the extent that disclosure would reveal the identity of the
27     student or employee and information concerning any public
28     body's adjudication of student or employee grievances or
29     disciplinary cases, except for the final outcome of the
30     cases.
31         (v) Course materials or research materials used by
32     faculty members.
33         (w) Information related solely to the internal
34     personnel rules and practices of a public body.
35         (x) Information contained in or related to
36     examination, operating, or condition reports prepared by,

 

 

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1     on behalf of, or for the use of a public body responsible
2     for the regulation or supervision of financial
3     institutions or insurance companies, unless disclosure is
4     otherwise required by State law.
5         (y) Information the disclosure of which is restricted
6     under Section 5-108 of the Public Utilities Act.
7         (z) Manuals or instruction to staff that relate to
8     establishment or collection of liability for any State tax
9     or that relate to investigations by a public body to
10     determine violation of any criminal law.
11         (aa) Applications, related documents, and medical
12     records received by the Experimental Organ Transplantation
13     Procedures Board and any and all documents or other records
14     prepared by the Experimental Organ Transplantation
15     Procedures Board or its staff relating to applications it
16     has received.
17         (bb) Insurance or self insurance (including any
18     intergovernmental risk management association or self
19     insurance pool) claims, loss or risk management
20     information, records, data, advice or communications.
21         (cc) Information and records held by the Department of
22     Public Health and its authorized representatives relating
23     to known or suspected cases of sexually transmissible
24     disease or any information the disclosure of which is
25     restricted under the Illinois Sexually Transmissible
26     Disease Control Act.
27         (dd) Information the disclosure of which is exempted
28     under Section 30 of the Radon Industry Licensing Act.
29         (ee) Firm performance evaluations under Section 55 of
30     the Architectural, Engineering, and Land Surveying
31     Qualifications Based Selection Act.
32         (ff) Security portions of system safety program plans,
33     investigation reports, surveys, schedules, lists, data, or
34     information compiled, collected, or prepared by or for the
35     Regional Transportation Authority under Section 2.11 of
36     the Regional Transportation Authority Act or the St. Clair

 

 

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1     County Transit District under the Bi-State Transit Safety
2     Act.
3         (gg) Information the disclosure of which is restricted
4     and exempted under Section 50 of the Illinois Prepaid
5     Tuition Act.
6         (hh) Information the disclosure of which is exempted
7     under the State Officials and Employees Ethics Act.
8         (ii) Beginning July 1, 1999, information that would
9     disclose or might lead to the disclosure of secret or
10     confidential information, codes, algorithms, programs, or
11     private keys intended to be used to create electronic or
12     digital signatures under the Electronic Commerce Security
13     Act.
14         (jj) Information contained in a local emergency energy
15     plan submitted to a municipality in accordance with a local
16     emergency energy plan ordinance that is adopted under
17     Section 11-21.5-5 of the Illinois Municipal Code.
18         (kk) Information and data concerning the distribution
19     of surcharge moneys collected and remitted by wireless
20     carriers under the Wireless Emergency Telephone Safety
21     Act.
22         (ll) Vulnerability assessments, security measures, and
23     response policies or plans that are designed to identify,
24     prevent, or respond to potential attacks upon a community's
25     population or systems, facilities, or installations, the
26     destruction or contamination of which would constitute a
27     clear and present danger to the health or safety of the
28     community, but only to the extent that disclosure could
29     reasonably be expected to jeopardize the effectiveness of
30     the measures or the safety of the personnel who implement
31     them or the public. Information exempt under this item may
32     include such things as details pertaining to the
33     mobilization or deployment of personnel or equipment, to
34     the operation of communication systems or protocols, or to
35     tactical operations.
36         (mm) Maps and other records regarding the location or

 

 

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1     security of a utility's generation, transmission,
2     distribution, storage, gathering, treatment, or switching
3     facilities.
4         (nn) Law enforcement officer identification
5     information or driver identification information compiled
6     by a law enforcement agency or the Department of
7     Transportation under Section 11-212 of the Illinois
8     Vehicle Code.
9         (oo) Records and information provided to a residential
10     health care facility resident sexual assault and death
11     review team or the Residential Health Care Facility
12     Resident Sexual Assault and Death Review Team Teams
13     Executive Council under the Abuse Prevention Residential
14     Health Care Facility Resident Sexual Assault and Death
15     Review Team Act.
16         (pp) Information provided to the predatory lending
17     database created pursuant to Article 3 of the Residential
18     Real Property Disclosure Act, except to the extent
19     authorized under that Article.
20         (qq) (pp) Defense budgets and petitions for
21     certification of compensation and expenses for court
22     appointed trial counsel as provided under Sections 10 and
23     15 of the Capital Crimes Litigation Act. This subsection
24     (qq) (pp) shall apply until the conclusion of the trial and
25     appeal of the case, even if the prosecution chooses not to
26     pursue the death penalty prior to trial or sentencing.
27     (2) This Section does not authorize withholding of
28 information or limit the availability of records to the public,
29 except as stated in this Section or otherwise provided in this
30 Act.
31 (Source: P.A. 93-43, eff. 7-1-03; 93-209, eff. 7-18-03; 93-237,
32 eff. 7-22-03; 93-325, eff. 7-23-03, 93-422, eff. 8-5-03;
33 93-577, eff. 8-21-03; 93-617, eff. 12-9-03; 94-280, eff.
34 1-1-06; 94-508, eff. 1-1-06; 94-664, eff. 1-1-06; revised
35 8-29-05.)
 

 

 

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1     Section 5. The Counties Code is amended by changing Section
2 3-3020 as follows:
 
3     (55 ILCS 5/3-3020)  (from Ch. 34, par. 3-3020)
4     Sec. 3-3020. Coroner to be notified; violation.
5     (a) Every law enforcement official, funeral director,
6 ambulance attendant, hospital director or administrator or
7 person having custody of the body of a deceased person, where
8 the death is one subject to investigation under Section 3-3013,
9 and any physician in attendance upon such a decedent at the
10 time of his death, shall notify the coroner promptly. Any such
11 person failing to so notify the coroner promptly shall be
12 guilty of a Class A misdemeanor, unless such person has
13 reasonable cause to believe that the coroner had already been
14 so notified.
15     (b) Every administrator of a long-term care facility
16 licensed under the Nursing Home Care Act having custody of any
17 deceased resident of the facility shall notify the coroner or
18 medical examiner within 24 hours after the death in accordance
19 with the Nursing Home Care Act by using the prescribed form
20 developed with assistance from a statewide association
21 representing coroners or medical examiners. The local coroner
22 or medical examiner shall submit that report to the Department
23 and shall also alert the Department to any reported deaths that
24 should be investigated. Any such person failing to so promptly
25 notify the coroner or medical examiner shall be guilty of a
26 Class A misdemeanor, unless such person has reasonable cause to
27 believe that the notification had already occurred.
28 (Source: P.A. 86-962.)
 
29     Section 10. The Abuse Prevention Review Team Act is amended
30 by changing Sections 5, 10, 15, 20, 25, 30, 35, 40, and 85 and
31 by adding Sections 45 and 50 as follows:
 
32     (210 ILCS 28/5)
33     (Section scheduled to be repealed on July 1, 2006)

 

 

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1     Sec. 5. State policy. The following statements are the
2 policy of this State:
3         (1) Every nursing home resident is entitled to live in
4     safety and decency and to receive competent and respectful
5     care that meets the requirements of State and federal law.
6         (2) Responding to sexual assaults of on nursing home
7     residents and to unnecessary nursing home resident deaths
8     is a State and a community responsibility.
9         (3) When a nursing home resident is sexually assaulted
10     or dies unnecessarily, the response by the State and the
11     community to the assault or death must include an accurate
12     and complete determination of the cause of the assault or
13     death and the development and implementation of measures to
14     prevent future assaults or deaths from similar causes. The
15     response may include court action, including prosecution
16     of persons who may be responsible for the assault or death
17     and proceedings to protect other residents of the facility
18     where the resident lived, and disciplinary action against
19     persons who failed to meet their professional
20     responsibilities to the resident.
21         (4) Professionals from disparate disciplines and
22     agencies who have responsibilities for nursing home
23     residents and expertise that can promote resident safety
24     and well-being should share their expertise and knowledge
25     so that the goals of determining the causes of sexual
26     assaults and unnecessary resident deaths, planning and
27     providing services to surviving residents, and preventing
28     future assaults and unnecessary deaths can be achieved.
29         (5) A greater understanding of the incidence and causes
30     of sexual assaults against nursing home residents and
31     unnecessary nursing home resident deaths is necessary if
32     the State is to prevent future assaults and unnecessary
33     deaths.
34         (6) Multi-disciplinary and multi-agency reviews of
35     sexual assaults against nursing home residents and
36     unnecessary nursing home resident deaths can assist the

 

 

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1     State and counties in (i) investigating resident sexual
2     assaults and deaths, (ii) developing a greater
3     understanding of the incidence and causes of resident
4     sexual assault and deaths and the methods for preventing
5     those assaults and deaths, and (iii) identifying gaps in
6     services to nursing home residents.
7         (7) Access to information regarding assaulted and
8     deceased nursing home residents by one multi-disciplinary
9     and multi-agency Residential Health Care Facility Resident
10     Sexual Assault And Death Review Team nursing home resident
11     sexual assault and death review teams is necessary for the
12     Review Team those teams to fulfill its achieve their
13     purposes and duties.
14 (Source: P.A. 93-577, eff. 8-21-03.)
 
15     (210 ILCS 28/10)
16     (Section scheduled to be repealed on July 1, 2006)
17     Sec. 10. Definitions. As used in this Act, unless the
18 context requires otherwise:
19     "Department" means the Department of Public Health.
20     "Director" means the Director of Public Health.
21     "Executive Council" means the Illinois Residential Health
22 Care Facility Resident Sexual Assault and Death Review Teams
23 Executive Council.
24     "Resident" means a person residing in and receiving
25 personal care from a facility licensed under the Nursing Home
26 Care Act.
27     "Review Team team" means the Residential Health Care
28 Facility Resident Sexual Assault And Death Review Team a
29 residential health care facility resident sexual assault and
30 death review team appointed under this Act.
31 (Source: P.A. 93-577, eff. 8-21-03.)
 
32     (210 ILCS 28/15)
33     (Section scheduled to be repealed on July 1, 2006)
34     Sec. 15. Review Team; establishment. Residential health

 

 

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1 care facility resident sexual assault and death review teams;
2 establishment.
3     (a) The Director, in consultation with the Executive
4 Council and with law enforcement agencies and other
5 professionals who work in the field of investigating, treating,
6 or preventing nursing home resident abuse or neglect in each of
7 the Department's administrative regions of the State, shall
8 appoint members to the Residential Health Care Facility
9 Resident Sexual Assault And Death Review Team a residential
10 health care facility resident sexual assault and death review
11 team in each such region outside Cook County and to at least
12 one review team in Cook County. The members of the Review Team
13 a team shall be appointed for 2-year staggered terms and shall
14 be eligible for reappointment upon the expiration of their
15 terms.
16     (b) The Review Team Each review team shall consist of at
17 least one member from each of the following categories:
18         (1) Geriatrician or other physician knowledgeable
19     about nursing home resident abuse and neglect.
20         (2) Representative of the Department.
21         (3) State's Attorney or State's Attorney's
22     representative.
23         (4) Representative of a local law enforcement agency.
24         (5) Representative of the Illinois Attorney General.
25         (6) Psychologist or psychiatrist.
26         (7) Representative of a local health department.
27         (8) Representative of a social service or health care
28     agency that provides services to persons with mental
29     illness, in a program whose accreditation to provide such
30     services is recognized by the Office of Mental Health
31     within the Department of Human Services.
32         (9) Representative of a social service or health care
33     agency that provides services to persons with
34     developmental disabilities, in a program whose
35     accreditation to provide such services is recognized by the
36     Office of Developmental Disabilities within the Department

 

 

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1     of Human Services.
2         (10) Coroner or forensic pathologist.
3         (11) Representative of the local sub-state ombudsman.
4         (12) Representative of a nursing home resident
5     advocacy organization.
6         (13) Representative of a local hospital, trauma
7     center, or provider of emergency medical services.
8         (14) Representative of an organization that represents
9     nursing homes.
10     The Review Team Each review team may make recommendations
11 to the Director concerning additional appointments. Each
12 Review Team review team member must have demonstrated
13 experience and an interest in investigating, treating, or
14 preventing nursing home resident abuse or neglect.
15     (c) The Review Team Each review team shall select a
16 chairperson from among its members. The chairperson shall also
17 serve on the Illinois Residential Health Care Facility Sexual
18 Assault and Death Review Teams Executive Council.
19 (Source: P.A. 93-577, eff. 8-21-03.)
 
20     (210 ILCS 28/20)
21     (Section scheduled to be repealed on July 1, 2006)
22     Sec. 20. Reviews of nursing home resident sexual assaults
23 and deaths.
24     (a) Every reported case of sexual assault of a nursing home
25 resident that results in the Department issuing any notice of
26 violation under the Nursing Home Care Act is confirmed shall be
27 reviewed by the Review Team review team for the region that has
28 primary case management responsibility.
29     (b) Every death of a nursing home resident shall be
30 reviewed by the Review Team review team for the region that has
31 primary case management responsibility, if the deceased
32 resident is one of the following:
33         (1) A person whose death results in the Department
34     issuing any notice of violation under the Nursing Home Care
35     Act care the Department found violated federal or State

 

 

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1     standards in the 6 months preceding the resident's death.
2         (2) A person whose death was reported to the Department
3     for investigation pursuant to the reporting requirements
4     for coroners and medical examiners under subsection (b) of
5     Section 3-213 of the Nursing Home Care Act care was the
6     subject of a complaint to the Department in the 30 days
7     preceding the resident's death, or after the resident's
8     death. A review team may, at its discretion, review other
9     sudden, unexpected, or unexplained nursing home resident
10     deaths.
11     (c) The Review Team's (b) A review team's purpose in
12 conducting reviews of resident sexual assaults and deaths is to
13 do the following:
14         (1) Assist in determining the cause and manner of the
15     resident's assault or death, when requested.
16         (2) Evaluate means, if any, by which the assault or
17     death might have been prevented.
18         (3) Report its findings to the Director appropriate
19     agencies and make recommendations that may help to reduce
20     the number of sexual assaults on and unnecessary deaths of
21     nursing home residents.
22         (4) Promote continuing education for professionals
23     involved in investigating, treating, and preventing
24     nursing home resident abuse and neglect as a means of
25     preventing sexual assaults and unnecessary deaths of
26     nursing home residents.
27         (5) Make specific recommendations to the Director
28     concerning the prevention of sexual assaults and
29     unnecessary deaths of nursing home residents and the
30     establishment of protocols for investigating resident
31     sexual assaults and deaths.
32     (d) The Review Team (c) A review team must review the a
33 sexual assault or death cases submitted to it on a quarterly
34 basis. The Review Team as soon as practicable and not later
35 than 90 days following the completion by the Department of the
36 investigation of the assault or death under the Nursing Home

 

 

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1 Care Act. When there has been no investigation by the
2 Department, the review team must review a sexual assault or
3 death within 90 days after obtaining the information necessary
4 to complete the review from the coroner, pathologist, medical
5 examiner, or law enforcement agency, depending on the nature of
6 the case. A review team must meet at least once in each
7 calendar quarter.
8     (e) The Review Team shall regularly report its findings and
9 recommendations to the Director. (d) Within 90 days after
10 receiving recommendations made by the Review Team a review team
11 under item (5) of subsection (c) (b), the Director must review
12 those recommendations and respond to the Review Team review
13 team. The Director shall implement recommendations as feasible
14 and appropriate and shall respond to the Review Team review
15 team in writing to explain the implementation or
16 nonimplementation of the recommendations.
17     (f) (e) In any instance when the Review Team a review team
18 does not operate in accordance with established protocol, the
19 Director, in consultation and cooperation with the Executive
20 Council, must take any necessary actions to bring the Review
21 Team review team into compliance with the protocol.
22 (Source: P.A. 93-577, eff. 8-21-03.)
 
23     (210 ILCS 28/25)
24     (Section scheduled to be repealed on July 1, 2006)
25     Sec. 25. Review Team team access to information. (a) The
26 Department shall provide to the Review Team a review team, on
27 the request of the review team chairperson, all records and
28 information in the Department's possession that are relevant to
29 the Review Team's review team's review of a sexual assault or
30 death described in subsection (b) of Section 20, including
31 records and information concerning previous reports or
32 investigations of suspected abuse or neglect.
33     (b) A review team shall have access to all records and
34 information that are relevant to its review of a sexual assault
35 or death and in the possession of a State or local governmental

 

 

SB3067 - 22 - LRB094 19123 DRJ 54644 b

1 agency. These records and information include, without
2 limitation, death certificates, all relevant medical and
3 mental health records, records of law enforcement agency
4 investigations, records of coroner or medical examiner
5 investigations, records of the Department of Corrections
6 concerning a person's parole, records of a probation and court
7 services department, and records of a social services agency
8 that provided services to the resident.
9 (Source: P.A. 93-577, eff. 8-21-03.)
 
10     (210 ILCS 28/30)
11     (Section scheduled to be repealed on July 1, 2006)
12     Sec. 30. Public access to information.
13     (a) Meetings of the Review Team review teams and the
14 Executive Council shall be closed to the public. Meetings of
15 the Review Team review teams and the Executive Council are not
16 subject to the Open Meetings Act, as provided in that Act.
17     (b) Records and information provided to the Review Team a
18 review teamand the Executive Council, and records maintained by
19 the Review Team a review team or the Executive Council, are
20 confidential and not subject to the Freedom of Information Act,
21 as provided in that Act. Nothing contained in this subsection
22 (b) prevents the sharing or disclosure of records, other than
23 those produced by a review team or the Executive Council,
24 relating or pertaining to the sexual assault or death of a
25 resident.
26     (c) Members of the Review Team a review team and the
27 Executive Council are not subject to examination, in any civil
28 or criminal proceeding, concerning information presented to
29 members of the Review Team review team or the Executive Council
30 or opinions formed by members of the Review Team review team or
31 the Executive Council based on that information. A person may,
32 however, be examined concerning information provided to a
33 review team or the Executive Council that is otherwise
34 available to the public.
35     (d) Records and information produced by the Review Team a

 

 

SB3067 - 23 - LRB094 19123 DRJ 54644 b

1 review team and the Executive Council are not subject to
2 discovery or subpoena and are not admissible as evidence in any
3 civil, administrative, or criminal proceeding. Those records
4 and information are, however, subject to discovery or a
5 subpoena, and are admissible as evidence, to the extent they
6 are otherwise available to the public.
7 (Source: P.A. 93-577, eff. 8-21-03.)
 
8     (210 ILCS 28/35)
9     (Section scheduled to be repealed on July 1, 2006)
10     Sec. 35. Indemnification. The State shall indemnify and
11 hold harmless members of the Review Team a review team and the
12 Executive Council for all their acts, omissions, decisions, or
13 other conduct arising out of the scope of their service on the
14 Review Team review team or Executive Council, except those
15 involving willful or wanton misconduct. The method of providing
16 indemnification shall be as provided in the State Employee
17 Indemnification Act.
18 (Source: P.A. 93-577, eff. 8-21-03.)
 
19     (210 ILCS 28/40)
20     (Section scheduled to be repealed on July 1, 2006)
21     Sec. 40. Review Team; duties Executive Council.
22     (a) The Illinois Residential Health Care Facility Resident
23 Sexual Assault and Death Review Teams Executive Council,
24 consisting of the chairperson of each review team established
25 under Section 15, is the coordinating and oversight body for
26 residential health care facility resident sexual assault and
27 death review teams and activities in Illinois. The
28 vice-chairperson of a review team, as designated by the
29 chairperson, may serve as a back-up member or an alternate
30 member of the Executive Council, if the chairperson of the
31 review team is unavailable to serve on the Executive Council.
32 The Director may appoint to the Executive Council any
33 ex-officio members deemed necessary. Persons with expertise
34 needed by the Executive Council may be invited to meetings. The

 

 

SB3067 - 24 - LRB094 19123 DRJ 54644 b

1 Executive Council must select from its members a chairperson
2 and a vice-chairperson, each to serve a 2-year, renewable term.
3 The Executive Council must meet at least 4 times during each
4 calendar year.
5     (a) (b) The Department must provide or arrange for the
6 staff support necessary for the Review Team Executive Council
7 to carry out its duties.
8     (b) (c) The Review Team Executive Council has, but is not
9 limited to, the following duties:
10         (1) To request assistance from the Department as needed
11     serve as the voice of review teams in Illinois.
12         (2) To consult with the Director concerning the
13     appointment, reappointment, and removal of Review Team
14     review team members.
15         (3) To oversee the review teams in order to ensure that
16     its the teams' work is coordinated and in compliance with
17     the statutes and the operating protocol.
18         (4) To ensure that the data, results, findings, and
19     recommendations of the Review Team review teams are
20     adequately used to make any necessary changes in the
21     policies, procedures, and statutes in order to protect
22     nursing home residents in a timely manner.
23         (5) To collaborate with the General Assembly, the
24     Department, and others in order to develop any legislation
25     needed to prevent nursing home resident sexual assaults and
26     unnecessary deaths and to protect nursing home residents.
27         (6) To assist in the development of an quarterly and
28     annual report reports based on the work and the findings of
29     the Review Team review teams.
30         (7) To ensure that the Review Team's review teams'
31     review processes are standardized in order to convey data,
32     findings, and recommendations in a usable format.
33         (8) To serve as a link with other review teams
34     throughout the country and to participate in national
35     review team activities.
36         (9) To develop an annual statewide symposium to update

 

 

SB3067 - 25 - LRB094 19123 DRJ 54644 b

1     the knowledge and skills of review team members and to
2     promote the exchange of information between review teams.
3         (9) (10) To provide the Review Team members review
4     teams with the most current information and practices
5     concerning nursing home resident sexual assault and
6     unnecessary death review and related topics.
7         (10) (11) To perform any other functions necessary to
8     enhance the capability of the Review Team review teams to
9     reduce and prevent sexual assaults and unnecessary deaths
10     of nursing home residents.
11 (Source: P.A. 93-577, eff. 8-21-03.)
 
12     (210 ILCS 28/45 new)
13     Sec. 45. Department's annual report. The Department shall
14 include as an addition to its annual Long-Term Care Report to
15 the General Assembly a report of the activities of the Review
16 Team, the results of the Review Team's findings,
17 recommendations made to the Department by the Review Team, and,
18 as applicable, either (i) the implementation of the
19 recommendations or (ii) the reasons the recommendations were
20 not implemented.
 
21     (210 ILCS 28/50 new)
22     Sec. 50. Reports to and by coroner or medical examiner.
23 Every facility licensed under the Nursing Home Care Act shall
24 report deaths of residents of the facility to the coroner or
25 medical examiner as required under the Nursing Home Care Act.
26 The local coroner or medical examiner shall submit each such
27 report to the Department and shall also alert the Department to
28 any reported deaths that should be investigated.
 
29     (210 ILCS 28/85)
30     (Section scheduled to be repealed on July 1, 2006)
31     Sec. 85. Repeal. This Act is repealed on July 1, 2011 2006.
32 (Source: P.A. 93-577, eff. 8-21-03.)
 

 

 

SB3067 - 26 - LRB094 19123 DRJ 54644 b

1     Section 15. The Nursing Home Care Act is amended by
2 changing Section 3-213 as follows:
 
3     (210 ILCS 45/3-213)  (from Ch. 111 1/2, par. 4153-213)
4     Sec. 3-213. Reports; access and copying.
5     (a) The Department shall require periodic reports and shall
6 have access to and may reproduce or photocopy at its cost any
7 books, records, and other documents maintained by the facility
8 to the extent necessary to carry out this Act and the rules
9 promulgated under this Act. The Department shall not divulge or
10 disclose the contents of a record under this Section in
11 violation of Section 2-206 or as otherwise prohibited by this
12 Act.
13     (b) Within 24 hours after the death of a resident of a
14 facility, the facility must submit a report of the resident's
15 death to the local coroner or medical examiner. If a former
16 resident of a facility dies within 30 days after being
17 discharged from the facility, the facility shall submit a
18 report of the resident's death to the local coroner or medical
19 examiner within 24 hours after learning of the former
20 resident's death. The Department, in an effort to identify all
21 deaths occurring in long-term care facilities in the State,
22 shall develop, with assistance from a statewide association
23 representing coroners or medical examiners, a reporting format
24 to be used on a mandatory basis by all long-term care
25 facilities in the State in reporting deaths under this
26 subsection. Upon receiving a report of a death under this
27 subsection, the local coroner or medical examiner shall forward
28 a copy of that report to the Department and shall also alert
29 the Department to any reported deaths that should be
30 investigated.
31 (Source: P.A. 83-1530.)
 
32     Section 99. Effective date. This Act takes effect upon
33 becoming law.