96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB3805

 

Introduced 2/25/2009, by Rep. Elizabeth Coulson

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Developmental Disability Institutional Safety Act. Contains a short title provision and legislative findings.


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A BILL FOR

 

HB3805 LRB096 09900 JDS 20063 b

1     AN ACT concerning State government.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 1. Short title. This Act may be cited as the
5 Developmental Disability Institutional Safety Act.
 
6     Section 5. Legislative Findings.     The General Assembly
7 finds that it is in the interest of the people of the State of
8 Illinois to:
9         (1) Develop independent interdisciplinary teams of
10     monitors, approved by the Illinois Departments of Public
11     Health and Human Services, to ensure on a routine basis the
12     safety and well-being of the individuals residing at each
13     state-operated developmental disability institution.
14         (2) Require the monitoring teams to produce quarterly
15     reports of their observations and release those reports to
16     Equip for Equality and the Departments of Public Health and
17     Human Services to develop and implement the steps necessary
18     to ensure that individuals are safe and receive quality
19     services and medical care.
20         (3) Develop an independent team of medical experts from
21     the private sector, including forensic pathologists,
22     doctors, and nurses, to examine all deaths at
23     State-operated developmental disability institutions, to

 

 

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1     render findings regarding the adequacy of medical care and
2     treatment, and to release those findings to the Departments
3     of Public Health and Human Services as well as Equip for
4     Equality to prevent further tragedies.
5         (4) Expand the definition of abuse of individuals with
6     disabilities to include inadequate medical care that,
7     regardless of the final cause of death, compromises an
8     individual's health or leads to serious medical
9     consequences followed by the individual's death.
10         (5) Expand the definition of neglect to include the
11     failure to follow medical and personal care protocols, such
12     as dietary restrictions, regardless of whether that
13     failure causes injury.
14         (6) Require the Departments of Human Services and
15     Public Health, along with facility administrators and
16     medical directors, to develop a plan of prevention
17     following the death of any individual at a State-run
18     developmental disability institution to ensure that
19     similar deaths do not occur.
20         (7) Ensure that individuals with disabilities and
21     their guardians and families receive sufficient
22     information to understand their rights and to allow for
23     informed decision making regarding the provision of
24     services that can meet the individual's wants and needs.