Illinois General Assembly - Bill Status for HB0948

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.

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.

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.

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.

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