Bill Status of HB0948  98th General Assembly

Short Description:  AGING-ADULT PROTECTIVE SRVCES

House Sponsors
Rep. Greg Harris - Patricia R. Bellock - Mary E. Flowers - Monique D. Davis - Robert F. Martwick, La Shawn K. Ford, Elaine Nekritz, Kathleen Willis, Elgie R. Sims, Jr., Stephanie A. Kifowit, Dwight Kay, Emanuel Chris Welch, Deborah Mell, Natalie A. Manley, Rita Mayfield, Carol A. Sente, Patrick J. Verschoore, Daniel V. Beiser, Kenneth Dunkin, Katherine Cloonen, JoAnn D. Osmond, Martin J. Moylan, Marcus C. Evans, Jr., Robyn Gabel, Kelly M. Cassidy, Michelle Mussman, Jack D. Franks, Keith Farnham, Linda Chapa LaVia, Eddie Lee Jackson, Sr., Ann Williams and Sandra M. Pihos

Senate Sponsors
(Sen. William R. Haine - Iris Y. Martinez - Jacqueline Y. Collins - Heather A. Steans)

Last Action
DateChamber Action
  7/1/2013HousePublic Act . . . . . . . . . 98-0049

Statutes Amended In Order of Appearance
5 ILCS 120/2from Ch. 102, par. 42
5 ILCS 350/1from Ch. 127, par. 1301
20 ILCS 105/4.01from Ch. 23, par. 6104.01
20 ILCS 1305/1-17
20 ILCS 2435/Act rep.
50 ILCS 705/7from Ch. 85, par. 507
205 ILCS 5/48.1from Ch. 17, par. 360
205 ILCS 105/3-8from Ch. 17, par. 3303-8
205 ILCS 205/4013from Ch. 17, par. 7304-13
205 ILCS 305/10from Ch. 17, par. 4411
210 ILCS 55/6.3
210 ILCS 55/6.7
225 ILCS 20/16from Ch. 111, par. 6366
225 ILCS 106/95
225 ILCS 107/75
225 ILCS 107/80
320 ILCS 20/Act title
320 ILCS 20/1from Ch. 23, par. 6601
320 ILCS 20/2from Ch. 23, par. 6602
320 ILCS 20/3from Ch. 23, par. 6603
320 ILCS 20/3.5
320 ILCS 20/4from Ch. 23, par. 6604
320 ILCS 20/4.1
320 ILCS 20/5from Ch. 23, par. 6605
320 ILCS 20/7.5 new
320 ILCS 20/8from Ch. 23, par. 6608
320 ILCS 20/9from Ch. 23, par. 6609
320 ILCS 20/15
725 ILCS 5/114-13.5
725 ILCS 5/115-10.3
735 ILCS 5/8-2701
755 ILCS 5/11a-10from Ch. 110 1/2, par. 11a-10
755 ILCS 45/2-7from Ch. 110 1/2, par. 802-7
755 ILCS 45/2-10from Ch. 110 1/2, par. 802-10


Synopsis As Introduced
Repeals the Abuse of Adults with Disabilities Intervention Act. Amends the Elder Abuse and Neglect Act. Changes the short title of the Act to the Adult Protective Services Act and amends various Acts to change references to the short title. Adds and defines new terms. Provides that within 6 months, the Department on Aging shall establish a centralized Adult Protective Services Helpline for the purposes of reporting the abuse, neglect, or financial exploitation of an eligible adult. Requires the Department on Aging to make the helpline accessible 24 hours a day, 7 days a week and to post its telephone number online. Requires the Department on Aging to report to the Department of Public Health's health care worker registry the identity and administrative finding against any caregiver of a verified and substantiated decision of significant abuse, neglect, or financial exploitation of an eligible adult. Contains provisions concerning notice to caregivers; report challenges; registry hearings; a caregiver's rights to collateral action; removal from the registry; and the referral of registry reports to health care facilities; the establishment of a Statewide Fatality Review Team; and other matters. Effective July 1, 2013.

House Floor Amendment No. 1
Adds reference to:
New Act
320 ILCS 20/7.1 new
320 ILCS 20/15.5 new
5 ILCS 140/7.5

Replaces everything after the enacting clause. Repeals the Abuse of Adults with Disabilities Intervention Act. Amends the Elder Abuse and Neglect Act. Changes the short title of the Act to the Adult Protective Services Act and amends various Acts to change references to the short title. Adds and defines new terms. Provides that the Department on Aging shall by rule develop standards for minimum staffing levels and staff qualifications. The Department shall by rule establish mandatory standards for the investigation of abuse, neglect, financial exploitation, or self-neglect of eligible adults and mandatory procedures for linking eligible adults to appropriate services and supports. Provides that a provider agency shall, in accordance with rules promulgated by the Department, establish a multi-disciplinary team to act in an advisory role for the purpose of providing professional knowledge and expertise in the handling of complex abuse cases involving eligible adults; and that each multi-disciplinary team shall consist of one volunteer representative from the following professions: banking or finance; disability care; health care; law; law enforcement; mental health care; and clergy. Provides that a provider agency may also choose to add representatives from the fields of substance abuse, domestic violence, sexual assault, or other related fields; and that to support multi-disciplinary teams in this role, law enforcement agencies and coroners or medical examiners shall supply records as may be requested in particular cases. Contains provisions concerning notice to caregivers; report challenges; registry hearings; a caregiver's rights to collateral action; removal from the registry; and the referral of registry reports to health care facilities; the establishment of a Statewide Fatality Review Team; and other matters. Effective July 1, 2013.

Senate Committee Amendment No. 1
Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes: Provides that a public body may hold closed meetings to consider those meetings or portions of meetings of an at-risk adult fatality review team or the Illinois At-Risk Adult Fatality Review Team Advisory Council during which a review of the death of an eligible adult in which abuse or neglect is suspected, alleged, or substantiated is conducted pursuant to the Adult Protective Services Act (rather than meetings of an at-risk adult fatality review team or the Illinois At-Risk Adult Fatality Review Team Advisory Council under the Adult Protective Services Act). In a provision concerning final investigative reports, provides that a provider agency shall prepare a final investigative report, upon the completion or closure of an investigation, in all cases of reported abuse, neglect, financial exploitation, or self-neglect of an eligible adult, whether or not there is a substantiated finding (rather than a provider agency shall prepare a final investigative report in which there is a substantiated finding of abuse, neglect, financial exploitation, or self-neglect of an eligible adult). In addition to other specified caregivers, requires the Department on Aging to report to the Health Care Worker Registry the identity and administrative finding of a verified and substantiated decision of abuse, neglect, or financial exploitation of an eligible adult that is made against any volunteer paid with public funds from the Department of Public Health, Healthcare and Family Services, or Human Services, or the Department on Aging. Defines "privately paid caregiver" to mean any caregiver who has been paid with resources other than public funds, regardless of licensure, certification, or regulation by the State of Illinois and any Department thereof. Provides that a privately paid caregiver does not include any caregiver that has been licensed, certified, or regulated by a State agency, or paid with public funds. Defines "uncompensated caregiver" to mean a caregiver who, in an informal capacity, assists an eligible adult with activities of daily living, financial transactions, or chore housekeeping type duties. Provides that "uncompensated caregiver" does not refer to an individual serving in a formal capacity as a volunteer with a provider licensed, certified, or regulated by a State agency. Prohibits a provider from hiring, compensating, or accepting a person as a consultant or volunteer, for whom the online check reveals a verified and substantiated claim of abuse, neglect, or financial exploitation, to provide direct access to any adult aged 60 or older or any adult, over 18, with a disability; and from retaining a person for whom they gain knowledge of a verified and substantiated claim of abuse, neglect, or financial exploitation in a position that permits the caregiver direct access to provide direct care to any adult aged 60 or older or any adult, over 18, with a disability or direct access to that individual's living quarters or personal, financial, or medical records. In a provision concerning notice to the caregiver, requires such notice to contain a clear and concise statement of the grounds upon which the verified and substantiated finding of abuse, neglect, or financial exploitation is based and shall set forth the procedures for challenging the finding (rather than contain a clear and concise statement of the grounds upon which the report to the registry is based and shall set forth the procedures for challenging a report to the registry). Provides that if there is an imminent risk of misuse of personal, medical, or financial information, the caregiver shall immediately be barred from direct access to the eligible adult pending the outcome of any registry challenge, criminal prosecution, or other type of collateral action. In a provision concerning, access to records, provides that the Illinois Guardianship and Advocacy Commission and the agency designated by the Governor under the Protection and Advocacy for Developmentally Disabled Persons Act shall have access, through the Department on Aging, to records, including the findings, pertaining to a completed or closed investigation of a report of suspected abuse, neglect, financial exploitation, or self-neglect of an eligible adult (rather than the Illinois Guardianship and Advocacy Commission and the agency designated by the Governor under the Protection and Advocacy for Developmentally Disabled Persons Act shall have access to all records, including the findings, pertaining to a completed investigation of a report of suspected abuse, neglect, financial exploitation or self-neglect of an eligible audit, when it determines that access to such records is necessary to conduct its official business). Makes changes concerning uncompensated caregiver report challenges and uncompensated caregiver registry hearings. Effective July 1, 2013.

Senate Floor Amendment No. 3
Requires the Department on Aging to implement certain activities for adults with disabilities upon the effective date of this amendatory Act (rather than within 3 months after the effective date of this amendatory Act) with the exception of certain responsibilities aimed at preventing the abuse, neglect, financial exploitation, and self-neglect of eligible adults, which shall be undertaken as soon as practicable. Deletes a provision requiring the Department to convene and lead a study committee for the Health Care Worker Registry within 6 months after the effective date of this amendatory Act. Provides that the State of Illinois, any Department thereof, or other specified providers, shall not hire or compensate any person seeking employment, retain any contractors, or accept any volunteers to provide direct care (rather than direct access) without first conducting an online check of the person through the Department of Public Health's Health Care Worker Registry. Deletes language requiring the Department on Aging to notify the caregiver of its obligation to report to the registry and to provide the caregiver with a clear and concise statement of the grounds upon which the verified and substantiated finding of abuse, neglect, or financial exploitation is based and instead provides that the Department shall establish rules concerning notice to the caregiver in cases of abuse, neglect, or financial exploitation. Deletes provisions concerning uncompensated caregiver report challenges and uncompensated caregiver registry hearings and instead provides that the Department on Aging shall establish, by rule, procedures concerning caregiver challenges. Provides that provisions concerning the Health Care Worker Registry shall take effect on January 1, 2014. Makes some technical changes.

Actions 
DateChamber Action
  1/24/2013HouseFiled with the Clerk by Rep. Greg Harris
  1/25/2013HouseFirst Reading
  1/25/2013HouseReferred to Rules Committee
  1/28/2013HouseAdded Chief Co-Sponsor Rep. Patricia R. Bellock
  1/28/2013HouseAdded Co-Sponsor Rep. La Shawn K. Ford
  1/31/2013HouseAdded Chief Co-Sponsor Rep. Mary E. Flowers
  2/4/2013HouseAssigned to Human Services Committee
  2/5/2013HouseAdded Co-Sponsor Rep. Elaine Nekritz
  2/21/2013HouseAdded Co-Sponsor Rep. Kathleen Willis
  2/27/2013HouseAdded Co-Sponsor Rep. Elgie R. Sims, Jr.
  3/1/2013HouseAdded Co-Sponsor Rep. Stephanie A. Kifowit
  3/1/2013HouseAdded Co-Sponsor Rep. Dwight Kay
  3/1/2013HouseAdded Co-Sponsor Rep. Emanuel Chris Welch
  3/1/2013HouseAdded Co-Sponsor Rep. Deborah Mell
  3/5/2013HouseAdded Co-Sponsor Rep. Natalie A. Manley
  3/5/2013HouseAdded Chief Co-Sponsor Rep. Monique D. Davis
  3/5/2013HouseChief Co-Sponsor Changed to Rep. Monique D. Davis
  3/7/2013HouseAdded Co-Sponsor Rep. Rita Mayfield
  3/7/2013HouseAdded Co-Sponsor Rep. Carol A. Sente
  3/13/2013HouseAdded Co-Sponsor Rep. Patrick J. Verschoore
  3/13/2013HouseAdded Co-Sponsor Rep. Daniel V. Beiser
  3/15/2013HouseAdded Co-Sponsor Rep. Kenneth Dunkin
  3/19/2013HouseAdded Co-Sponsor Rep. Katherine Cloonen
  3/20/2013HouseDo Pass / Short Debate Human Services Committee; 014-000-000
  3/20/2013HousePlaced on Calendar 2nd Reading - Short Debate
  3/21/2013HouseAdded Co-Sponsor Rep. JoAnn D. Osmond
  3/22/2013HouseAdded Co-Sponsor Rep. Martin J. Moylan
  4/10/2013HouseAdded Co-Sponsor Rep. Marcus C. Evans, Jr.
  4/12/2013HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Greg Harris
  4/12/2013HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  4/17/2013HouseAdded Co-Sponsor Rep. Robyn Gabel
  4/18/2013HouseHouse Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 004-000-000
  4/18/2013HouseAdded Co-Sponsor Rep. Kelly M. Cassidy
  4/18/2013HouseAdded Co-Sponsor Rep. Michelle Mussman
  4/18/2013HouseSecond Reading - Short Debate
  4/18/2013HouseHouse Floor Amendment No. 1 Adopted
  4/18/2013HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/18/2013HouseAdded Chief Co-Sponsor Rep. Robert F. Martwick
  4/19/2013HouseThird Reading - Short Debate - Passed 106-000-000
  4/19/2013HouseAdded Co-Sponsor Rep. Jack D. Franks
  4/19/2013HouseAdded Co-Sponsor Rep. Keith Farnham
  4/19/2013HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  4/19/2013HouseAdded Co-Sponsor Rep. Eddie Lee Jackson, Sr.
  4/19/2013HouseAdded Co-Sponsor Rep. Ann Williams
  4/19/2013HouseAdded Co-Sponsor Rep. Sandra M. Pihos
  4/19/2013SenateArrive in Senate
  4/19/2013SenatePlaced on Calendar Order of First Reading
  4/19/2013SenateChief Senate Sponsor Sen. William R. Haine
  4/19/2013SenateFirst Reading
  4/19/2013SenateReferred to Assignments
  4/24/2013SenateAssigned to Judiciary
  4/30/2013SenateAdded as Alternate Chief Co-Sponsor Sen. Iris Y. Martinez
  5/1/2013SenatePostponed - Judiciary
  5/3/2013SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. William R. Haine
  5/3/2013SenateSenate Committee Amendment No. 1 Referred to Assignments
  5/6/2013SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  5/7/2013SenateSenate Committee Amendment No. 1 Adopted
  5/8/2013SenateDo Pass as Amended Judiciary; 012-000-000
  5/8/2013SenatePlaced on Calendar Order of 2nd Reading May 9, 2013
  5/13/2013SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. William R. Haine
  5/13/2013SenateSenate Floor Amendment No. 2 Referred to Assignments
  5/14/2013SenateSecond Reading
  5/14/2013SenatePlaced on Calendar Order of 3rd Reading May 15, 2013
  5/14/2013SenateSenate Floor Amendment No. 2 Assignments Refers to Judiciary
  5/15/2013SenateSenate Floor Amendment No. 2 Postponed - Judiciary
  5/17/2013SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. William R. Haine
  5/17/2013SenateSenate Floor Amendment No. 3 Referred to Assignments
  5/20/2013SenateSenate Floor Amendment No. 3 Assignments Refers to Judiciary
  5/21/2013SenateSenate Floor Amendment No. 3 Recommend Do Adopt Judiciary; 008-000-002
  5/23/2013SenateRecalled to Second Reading
  5/23/2013SenateSenate Floor Amendment No. 3 Adopted; Haine
  5/23/2013SenatePlaced on Calendar Order of 3rd Reading
  5/23/2013SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  5/23/2013SenateAdded as Alternate Chief Co-Sponsor Sen. Heather A. Steans
  5/23/2013SenateThird Reading - Passed; 056-000-001
  5/23/2013SenateSenate Floor Amendment No. 2 Tabled Pursuant to Rule 5-4(a)
  5/23/2013HouseArrived in House
  5/23/2013HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1, 3
  5/23/2013HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Greg Harris
  5/23/2013HouseSenate Floor Amendment No. 3 Motion Filed Concur Rep. Greg Harris
  5/23/2013HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/23/2013HouseSenate Floor Amendment No. 3 Motion to Concur Referred to Rules Committee
  5/28/2013HouseSenate Committee Amendment No. 1 Motion to Concur Rules Referred to Human Services Committee
  5/28/2013HouseSenate Floor Amendment No. 3 Motion to Concur Rules Referred to Human Services Committee
  5/29/2013HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Human Services Committee; 015-000-000
  5/29/2013HouseSenate Floor Amendment No. 3 Motion to Concur Recommends Be Adopted Human Services Committee; 015-000-000
  5/31/2013HouseSenate Committee Amendment No. 1 House Concurs 118-000-000
  5/31/2013HouseSenate Floor Amendment No. 3 House Concurs 118-000-000
  5/31/2013HouseHouse Concurs
  5/31/2013HousePassed Both Houses
  6/19/2013HouseSent to the Governor
  7/1/2013HouseGovernor Approved
  7/1/2013HouseEffective Date July 1, 2013; ; some parts Effective January 01, 2014
  7/1/2013HousePublic Act . . . . . . . . . 98-0049