HB3805 96TH GENERAL ASSEMBLY

LRB096 09900 JDS 20063 b

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.

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Developmental Disability Institutional Safety Act.

Section 5. Legislative Findings. The General Assembly finds that it is in the interest of the people of the State of Illinois to:

(1) Develop independent interdisciplinary teams of monitors, approved by the Illinois Departments of Public Health and Human Services, to ensure on a routine basis the safety and well-being of the individuals residing at each state-operated developmental disability institution.

(2) Require the monitoring teams to produce quarterly reports of their observations and release those reports to Equip for Equality and the Departments of Public Health and Human Services to develop and implement the steps necessary to ensure that individuals are safe and receive quality services and medical care.

(3) Develop an independent team of medical experts from the private sector, including forensic pathologists, doctors, and nurses, to examine all deaths at State-operated developmental disability institutions, to render findings regarding the adequacy of medical care and treatment, and to release those findings to the Departments of Public Health and Human Services as well as Equip for Equality to prevent further tragedies.

(4) Expand the definition of abuse of individuals with disabilities to include inadequate medical care that, regardless of the final cause of death, compromises an individual's health or leads to serious medical consequences followed by the individual's death.

(5) Expand the definition of neglect to include the failure to follow medical and personal care protocols, such as dietary restrictions, regardless of whether that failure causes injury.

(6) Require the Departments of Human Services and Public Health, along with facility administrators and medical directors, to develop a plan of prevention following the death of any individual at a State-run developmental disability institution to ensure that similar deaths do not occur.

(7) Ensure that individuals with disabilities and their guardians and families receive sufficient information to understand their rights and to allow for informed decision making regarding the provision of services that can meet the individual's wants and needs.