Illinois General Assembly - Full Text of SB1309
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Full Text of SB1309  99th General Assembly




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1    AN ACT concerning aging.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Adult Protective Services Act is amended by
5changing Section 8 as follows:
6    (320 ILCS 20/8)  (from Ch. 23, par. 6608)
7    Sec. 8. Access to records. All records concerning reports
8of abuse, neglect, financial exploitation, or self-neglect and
9all records generated as a result of such reports shall be
10confidential and shall not be disclosed except as specifically
11authorized by this Act or other applicable law. In accord with
12established law and Department protocols, procedures, and
13policies, access to such records, but not access to the
14identity of the person or persons making a report of alleged
15abuse, neglect, financial exploitation, or self-neglect as
16contained in such records, shall be provided, upon request, to
17the following persons and for the following persons:
18        (1) Department staff, provider agency staff, other
19    aging network staff, and regional administrative agency
20    staff, including staff of the Chicago Department on Aging
21    while that agency is designated as a regional
22    administrative agency, in the furtherance of their
23    responsibilities under this Act;



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1        (1.5) A representative of the public guardian acting in
2    the course of investigating the appropriateness of
3    guardianship for the eligible adult or while pursuing a
4    petition for guardianship of the eligible adult pursuant to
5    the Probate Act of 1975;
6        (2) A law enforcement agency investigating known or
7    suspected abuse, neglect, financial exploitation, or
8    self-neglect. Where a provider agency has reason to believe
9    that the death of an eligible adult may be the result of
10    abuse or neglect, including any reports made after death,
11    the agency shall immediately provide the appropriate law
12    enforcement agency with all records pertaining to the
13    eligible adult;
14        (2.5) A law enforcement agency, fire department
15    agency, or fire protection district having proper
16    jurisdiction pursuant to a written agreement between a
17    provider agency and the law enforcement agency, fire
18    department agency, or fire protection district under which
19    the provider agency may furnish to the law enforcement
20    agency, fire department agency, or fire protection
21    district a list of all eligible adults who may be at
22    imminent risk of abuse, neglect, financial exploitation,
23    or self-neglect;
24        (3) A physician who has before him or her or who is
25    involved in the treatment of an eligible adult whom he or
26    she reasonably suspects may be abused, neglected,



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1    financially exploited, or self-neglected or who has been
2    referred to the Adult Protective Services Program;
3        (4) An eligible adult reported to be abused, neglected,
4    financially exploited, or self-neglected, or such adult's
5    authorized guardian or agent, unless such guardian or agent
6    is the abuser or the alleged abuser;
7        (4.5) An executor or administrator of the estate of an
8    eligible adult who is deceased;
9        (5) In cases regarding abuse, neglect, or financial
10    exploitation, a court or a guardian ad litem, upon its or
11    his or her finding that access to such records may be
12    necessary for the determination of an issue before the
13    court. However, such access shall be limited to an in
14    camera inspection of the records, unless the court
15    determines that disclosure of the information contained
16    therein is necessary for the resolution of an issue then
17    pending before it;
18        (5.5) In cases regarding self-neglect, a guardian ad
19    litem;
20        (6) A grand jury, upon its determination that access to
21    such records is necessary in the conduct of its official
22    business;
23        (7) Any person authorized by the Director, in writing,
24    for audit or bona fide research purposes;
25        (8) A coroner or medical examiner who has reason to
26    believe that an eligible adult has died as the result of



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1    abuse, neglect, financial exploitation, or self-neglect.
2    The provider agency shall immediately provide the coroner
3    or medical examiner with all records pertaining to the
4    eligible adult;
5        (8.5) A coroner or medical examiner having proper
6    jurisdiction, pursuant to a written agreement between a
7    provider agency and the coroner or medical examiner, under
8    which the provider agency may furnish to the office of the
9    coroner or medical examiner a list of all eligible adults
10    who may be at imminent risk of death as a result of abuse,
11    neglect, financial exploitation, or self-neglect;
12        (9) Department of Financial and Professional
13    Regulation staff and members of the Illinois Medical
14    Disciplinary Board or the Social Work Examining and
15    Disciplinary Board in the course of investigating alleged
16    violations of the Clinical Social Work and Social Work
17    Practice Act by provider agency staff or other licensing
18    bodies at the discretion of the Director of the Department
19    on Aging;
20        (9-a) Department of Healthcare and Family Services
21    staff and provider agency staff when that Department is
22    funding services to the eligible adult, including access to
23    the identity of the eligible adult;
24        (9-b) Department of Human Services staff and provider
25    agency staff when that Department is funding services to
26    the eligible adult or is providing reimbursement for



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1    services provided by the abuser or alleged abuser,
2    including access to the identity of the eligible adult;
3        (10) Hearing officers in the course of conducting an
4    administrative hearing under this Act; parties to such
5    hearing shall be entitled to discovery as established by
6    rule;
7        (11) A caregiver who challenges placement on the
8    Registry shall be given the statement of allegations in the
9    abuse report and the substantiation decision in the final
10    investigative report; and
11        (12) The Illinois Guardianship and Advocacy Commission
12    and the agency designated by the Governor under Section 1
13    of the Protection and Advocacy for Developmentally
14    Disabled Persons Act shall have access, through the
15    Department, to records, including the findings, pertaining
16    to a completed or closed investigation of a report of
17    suspected abuse, neglect, financial exploitation, or
18    self-neglect of an eligible adult.
19(Source: P.A. 97-864, eff. 1-1-13; 98-49, eff. 7-1-13; 98-1039,
20eff. 8-25-14.)