Illinois General Assembly - Full Text of SB3299
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Full Text of SB3299  99th General Assembly




State of Illinois
2015 and 2016


Introduced 2/19/2016, by Sen. Chapin Rose


20 ILCS 1305/1-17

    Amends the Department of Human Services Act. In a provision requiring the Department of Humans Services' Inspector General to adopt rules establishing minimum requirements for reporting abuse or neglect allegations involving individuals receiving services due to mental illness, developmental disability, or both, provides that, in addition to other specified requirements, such rules shall (i) establish a process that ensures agencies are regularly informed on the status of ongoing investigations; and (ii) ensure agencies are informed of the ability to have trained staff follow procedures to perform investigations. In a provision concerning training programs, requires the Inspector General to establish a comprehensive program to ensure that every person authorized to conduct investigations receives ongoing and consistent (rather than ongoing) training relative to investigation techniques, communication skills, community models of providing long-term services and supports to persons with intellectual or developmental disabilities or mental illnesses, and the appropriate means of interacting with persons with intellectual or developmental disabilities or mental illnesses who are receiving services in a community setting (rather than the appropriate means of interacting with persons receiving treatment for mental illness, developmental disability, or both mental illness and developmental disability). Requires the Office of the Inspector General to (i) indicate the date upon which an investigation has begun on all reports, including final investigative reports; (ii) take steps to ensure investigative reports are completed in a timely manner; and (iii) outline procedures aimed at streamlining the investigatory process. Effective immediately.

LRB099 18516 KTG 42895 b






SB3299LRB099 18516 KTG 42895 b

1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Department of Human Services Act is amended
5by changing Section 1-17 as follows:
6    (20 ILCS 1305/1-17)
7    Sec. 1-17. Inspector General.
8    (a) Nature and purpose. It is the express intent of the
9General Assembly to ensure the health, safety, and financial
10condition of individuals receiving services in this State due
11to mental illness, developmental disability, or both by
12protecting those persons from acts of abuse, neglect, or both
13by service providers. To that end, the Office of the Inspector
14General for the Department of Human Services is created to
15investigate and report upon allegations of the abuse, neglect,
16or financial exploitation of individuals receiving services
17within mental health facilities, developmental disabilities
18facilities, and community agencies operated, licensed, funded
19or certified by the Department of Human Services, but not
20licensed or certified by any other State agency.
21    (b) Definitions. The following definitions apply to this
23    "Adult student with a disability" means an adult student,



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1age 18 through 21, inclusive, with an Individual Education
2Program, other than a resident of a facility licensed by the
3Department of Children and Family Services in accordance with
4the Child Care Act of 1969. For purposes of this definition,
5"through age 21, inclusive", means through the day before the
6student's 22nd birthday.
7    "Agency" or "community agency" means (i) a community agency
8licensed, funded, or certified by the Department, but not
9licensed or certified by any other human services agency of the
10State, to provide mental health service or developmental
11disabilities service, or (ii) a program licensed, funded, or
12certified by the Department, but not licensed or certified by
13any other human services agency of the State, to provide mental
14health service or developmental disabilities service.
15    "Aggravating circumstance" means a factor that is
16attendant to a finding and that tends to compound or increase
17the culpability of the accused.
18    "Allegation" means an assertion, complaint, suspicion, or
19incident involving any of the following conduct by an employee,
20facility, or agency against an individual or individuals:
21mental abuse, physical abuse, sexual abuse, neglect, or
22financial exploitation.
23    "Day" means working day, unless otherwise specified.
24    "Deflection" means a situation in which an individual is
25presented for admission to a facility or agency, and the
26facility staff or agency staff do not admit the individual.



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1"Deflection" includes triage, redirection, and denial of
3    "Department" means the Department of Human Services.
4    "Developmental disability" means "developmental
5disability" as defined in the Mental Health and Developmental
6Disabilities Code.
7    "Egregious neglect" means a finding of neglect as
8determined by the Inspector General that (i) represents a gross
9failure to adequately provide for, or a callused indifference
10to, the health, safety, or medical needs of an individual and
11(ii) results in an individual's death or other serious
12deterioration of an individual's physical condition or mental
14    "Employee" means any person who provides services at the
15facility or agency on-site or off-site. The service
16relationship can be with the individual or with the facility or
17agency. Also, "employee" includes any employee or contractual
18agent of the Department of Human Services or the community
19agency involved in providing or monitoring or administering
20mental health or developmental disability services. This
21includes but is not limited to: owners, operators, payroll
22personnel, contractors, subcontractors, and volunteers.
23    "Facility" or "State-operated facility" means a mental
24health facility or developmental disabilities facility
25operated by the Department.
26    "Financial exploitation" means taking unjust advantage of



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1an individual's assets, property, or financial resources
2through deception, intimidation, or conversion for the
3employee's, facility's, or agency's own advantage or benefit.
4    "Finding" means the Office of Inspector General's
5determination regarding whether an allegation is
6substantiated, unsubstantiated, or unfounded.
7    "Health care worker registry" or "registry" means the
8health care worker registry created by the Nursing Home Care
10    "Individual" means any person receiving mental health
11service, developmental disabilities service, or both from a
12facility or agency, while either on-site or off-site.
13    "Mental abuse" means the use of demeaning, intimidating, or
14threatening words, signs, gestures, or other actions by an
15employee about an individual and in the presence of an
16individual or individuals that results in emotional distress or
17maladaptive behavior, or could have resulted in emotional
18distress or maladaptive behavior, for any individual present.
19    "Mental illness" means "mental illness" as defined in the
20Mental Health and Developmental Disabilities Code.
21    "Mentally ill" means having a mental illness.
22    "Mitigating circumstance" means a condition that (i) is
23attendant to a finding, (ii) does not excuse or justify the
24conduct in question, but (iii) may be considered in evaluating
25the severity of the conduct, the culpability of the accused, or
26both the severity of the conduct and the culpability of the



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2    "Neglect" means an employee's, agency's, or facility's
3failure to provide adequate medical care, personal care, or
4maintenance and that, as a consequence, (i) causes an
5individual pain, injury, or emotional distress, (ii) results in
6either an individual's maladaptive behavior or the
7deterioration of an individual's physical condition or mental
8condition, or (iii) places the individual's health or safety at
9substantial risk.
10    "Person with a developmental disability" means a person
11having a developmental disability.
12    "Physical abuse" means an employee's non-accidental and
13inappropriate contact with an individual that causes bodily
14harm. "Physical abuse" includes actions that cause bodily harm
15as a result of an employee directing an individual or person to
16physically abuse another individual.
17    "Recommendation" means an admonition, separate from a
18finding, that requires action by the facility, agency, or
19Department to correct a systemic issue, problem, or deficiency
20identified during an investigation.
21    "Required reporter" means any employee who suspects,
22witnesses, or is informed of an allegation of any one or more
23of the following: mental abuse, physical abuse, sexual abuse,
24neglect, or financial exploitation.
25    "Secretary" means the Chief Administrative Officer of the



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1    "Sexual abuse" means any sexual contact or intimate
2physical contact between an employee and an individual,
3including an employee's coercion or encouragement of an
4individual to engage in sexual behavior that results in sexual
5contact, intimate physical contact, sexual behavior, or
6intimate physical behavior. Sexual abuse also includes (i) an
7employee's actions that result in the sending or showing of
8sexually explicit images to an individual via computer,
9cellular phone, electronic mail, portable electronic device,
10or other media with or without contact with the individual or
11(ii) an employee's posting of sexually explicit images of an
12individual online or elsewhere whether or not there is contact
13with the individual.
14    "Sexually explicit images" includes, but is not limited to,
15any material which depicts nudity, sexual conduct, or
16sado-masochistic abuse, or which contains explicit and
17detailed verbal descriptions or narrative accounts of sexual
18excitement, sexual conduct, or sado-masochistic abuse.
19    "Substantiated" means there is a preponderance of the
20evidence to support the allegation.
21    "Unfounded" means there is no credible evidence to support
22the allegation.
23    "Unsubstantiated" means there is credible evidence, but
24less than a preponderance of evidence to support the
26    (c) Appointment. The Governor shall appoint, and the Senate



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1shall confirm, an Inspector General. The Inspector General
2shall be appointed for a term of 4 years and shall function
3within the Department of Human Services and report to the
4Secretary and the Governor.
5    (d) Operation and appropriation. The Inspector General
6shall function independently within the Department with
7respect to the operations of the Office, including the
8performance of investigations and issuance of findings and
9recommendations. The appropriation for the Office of Inspector
10General shall be separate from the overall appropriation for
11the Department.
12    (e) Powers and duties. The Inspector General shall
13investigate reports of suspected mental abuse, physical abuse,
14sexual abuse, neglect, or financial exploitation of
15individuals in any mental health or developmental disabilities
16facility or agency and shall have authority to take immediate
17action to prevent any one or more of the following from
18happening to individuals under its jurisdiction: mental abuse,
19physical abuse, sexual abuse, neglect, or financial
20exploitation. Upon written request of an agency of this State,
21the Inspector General may assist another agency of the State in
22investigating reports of the abuse, neglect, or abuse and
23neglect of persons with mental illness, persons with
24developmental disabilities, or persons with both. To comply
25with the requirements of subsection (k) of this Section, the
26Inspector General shall also review all reportable deaths for



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1which there is no allegation of abuse or neglect. Nothing in
2this Section shall preempt any duties of the Medical Review
3Board set forth in the Mental Health and Developmental
4Disabilities Code. The Inspector General shall have no
5authority to investigate alleged violations of the State
6Officials and Employees Ethics Act. Allegations of misconduct
7under the State Officials and Employees Ethics Act shall be
8referred to the Office of the Governor's Executive Inspector
9General for investigation.
10    (f) Limitations. The Inspector General shall not conduct an
11investigation within an agency or facility if that
12investigation would be redundant to or interfere with an
13investigation conducted by another State agency. The Inspector
14General shall have no supervision over, or involvement in, the
15routine programmatic, licensing, funding, or certification
16operations of the Department. Nothing in this subsection limits
17investigations by the Department that may otherwise be required
18by law or that may be necessary in the Department's capacity as
19central administrative authority responsible for the operation
20of the State's mental health and developmental disabilities
22    (g) Rulemaking authority. The Inspector General shall
23promulgate rules establishing minimum requirements for
24reporting allegations as well as for initiating, conducting,
25and completing investigations based upon the nature of the
26allegation or allegations. The rules shall: (i) establish a



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1process that ensures agencies are regularly informed on the
2status of ongoing investigations; (ii) ensure agencies are
3informed of the ability to have trained staff follow procedures
4to perform investigations; (iii) The rules shall clearly
5establish that if 2 or more State agencies could investigate an
6allegation, the Inspector General shall not conduct an
7investigation that would be redundant to, or interfere with, an
8investigation conducted by another State agency; and (iv) . The
9rules shall further clarify the method and circumstances under
10which the Office of Inspector General may interact with the
11licensing, funding, or certification units of the Department in
12preventing further occurrences of mental abuse, physical
13abuse, sexual abuse, neglect, egregious neglect, and financial
15    (h) Training programs. The Inspector General shall (i)
16establish a comprehensive program to ensure that every person
17authorized to conduct investigations receives ongoing and
18consistent training relative to investigation techniques,
19communication skills, community models of providing long-term
20services and supports to persons with intellectual or
21developmental disabilities or mental illnesses, and the
22appropriate means of interacting with persons with
23intellectual or developmental disabilities or mental illnesses
24who are receiving services in a community setting receiving
25treatment for mental illness, developmental disability, or
26both mental illness and developmental disability, and (ii)



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1establish and conduct periodic training programs for facility
2and agency employees concerning the prevention and reporting of
3any one or more of the following: mental abuse, physical abuse,
4sexual abuse, neglect, egregious neglect, or financial
5exploitation. Nothing in this Section shall be deemed to
6prevent the Office of Inspector General from conducting any
7other training as determined by the Inspector General to be
8necessary or helpful.
9    (i) Duty to cooperate.
10        (1) The Inspector General shall at all times be granted
11    access to any facility or agency for the purpose of
12    investigating any allegation, conducting unannounced site
13    visits, monitoring compliance with a written response, or
14    completing any other statutorily assigned duty. The
15    Inspector General shall conduct unannounced site visits to
16    each facility at least annually for the purpose of
17    reviewing and making recommendations on systemic issues
18    relative to preventing, reporting, investigating, and
19    responding to all of the following: mental abuse, physical
20    abuse, sexual abuse, neglect, egregious neglect, or
21    financial exploitation.
22        (2) Any employee who fails to cooperate with an Office
23    of the Inspector General investigation is in violation of
24    this Act. Failure to cooperate with an investigation
25    includes, but is not limited to, any one or more of the
26    following: (i) creating and transmitting a false report to



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1    the Office of the Inspector General hotline, (ii) providing
2    false information to an Office of the Inspector General
3    Investigator during an investigation, (iii) colluding with
4    other employees to cover up evidence, (iv) colluding with
5    other employees to provide false information to an Office
6    of the Inspector General investigator, (v) destroying
7    evidence, (vi) withholding evidence, or (vii) otherwise
8    obstructing an Office of the Inspector General
9    investigation. Additionally, any employee who, during an
10    unannounced site visit or written response compliance
11    check, fails to cooperate with requests from the Office of
12    the Inspector General is in violation of this Act.
13    (j) Subpoena powers. The Inspector General shall have the
14power to subpoena witnesses and compel the production of all
15documents and physical evidence relating to his or her
16investigations and any hearings authorized by this Act. This
17subpoena power shall not extend to persons or documents of a
18labor organization or its representatives insofar as the
19persons are acting in a representative capacity to an employee
20whose conduct is the subject of an investigation or the
21documents relate to that representation. Any person who
22otherwise fails to respond to a subpoena or who knowingly
23provides false information to the Office of the Inspector
24General by subpoena during an investigation is guilty of a
25Class A misdemeanor.
26    (k) Reporting allegations and deaths.



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1        (1) Allegations. If an employee witnesses, is told of,
2    or has reason to believe an incident of mental abuse,
3    physical abuse, sexual abuse, neglect, or financial
4    exploitation has occurred, the employee, agency, or
5    facility shall report the allegation by phone to the Office
6    of the Inspector General hotline according to the agency's
7    or facility's procedures, but in no event later than 4
8    hours after the initial discovery of the incident,
9    allegation, or suspicion of any one or more of the
10    following: mental abuse, physical abuse, sexual abuse,
11    neglect, or financial exploitation. A required reporter as
12    defined in subsection (b) of this Section who knowingly or
13    intentionally fails to comply with these reporting
14    requirements is guilty of a Class A misdemeanor.
15        (2) Deaths. Absent an allegation, a required reporter
16    shall, within 24 hours after initial discovery, report by
17    phone to the Office of the Inspector General hotline each
18    of the following:
19            (i) Any death of an individual occurring within 14
20        calendar days after discharge or transfer of the
21        individual from a residential program or facility.
22            (ii) Any death of an individual occurring within 24
23        hours after deflection from a residential program or
24        facility.
25            (iii) Any other death of an individual occurring at
26        an agency or facility or at any Department-funded site.



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1        (3) Retaliation. It is a violation of this Act for any
2    employee or administrator of an agency or facility to take
3    retaliatory action against an employee who acts in good
4    faith in conformance with his or her duties as a required
5    reporter.
6    (l) Reporting to law enforcement.
7        (1) Reporting criminal acts. Within 24 hours after
8    determining that there is credible evidence indicating
9    that a criminal act may have been committed or that special
10    expertise may be required in an investigation, the
11    Inspector General shall notify the Department of State
12    Police or other appropriate law enforcement authority, or
13    ensure that such notification is made. The Department of
14    State Police shall investigate any report from a
15    State-operated facility indicating a possible murder,
16    sexual assault, or other felony by an employee. All
17    investigations conducted by the Inspector General shall be
18    conducted in a manner designed to ensure the preservation
19    of evidence for possible use in a criminal prosecution.
20        (2) Reporting allegations of adult students with
21    disabilities. Upon receipt of a reportable allegation
22    regarding an adult student with a disability, the
23    Department's Office of the Inspector General shall
24    determine whether the allegation meets the criteria for the
25    Domestic Abuse Program under the Abuse of Adults with
26    Disabilities Intervention Act. If the allegation is



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1    reportable to that program, the Office of the Inspector
2    General shall initiate an investigation. If the allegation
3    is not reportable to the Domestic Abuse Program, the Office
4    of the Inspector General shall make an expeditious referral
5    to the respective law enforcement entity. If the alleged
6    victim is already receiving services from the Department,
7    the Office of the Inspector General shall also make a
8    referral to the respective Department of Human Services'
9    Division or Bureau.
10    (m) Investigative reports. The Office of the Inspector
11General shall indicate the date upon which an investigation has
12begun on all reports, including final investigative reports.
13Furthermore, the Office shall take steps to ensure
14investigative reports are completed in a timely manner. Upon
15completion of an investigation, the Office of Inspector General
16shall issue an investigative report identifying whether the
17allegations are substantiated, unsubstantiated, or unfounded.
18Within 10 business days after the transmittal of a completed
19investigative report substantiating an allegation, or if a
20recommendation is made, the Inspector General shall provide the
21investigative report on the case to the Secretary and to the
22director of the facility or agency where any one or more of the
23following occurred: mental abuse, physical abuse, sexual
24abuse, neglect, egregious neglect, or financial exploitation.
25In a substantiated case, the investigative report shall include
26any mitigating or aggravating circumstances that were



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1identified during the investigation. If the case involves
2substantiated neglect, the investigative report shall also
3state whether egregious neglect was found. An investigative
4report may also set forth recommendations. All investigative
5reports prepared by the Office of the Inspector General shall
6be considered confidential and shall not be released except as
7provided by the law of this State or as required under
8applicable federal law. Unsubstantiated and unfounded reports
9shall not be disclosed except as allowed under Section 6 of the
10Abused and Neglected Long Term Care Facility Residents
11Reporting Act. Raw data used to compile the investigative
12report shall not be subject to release unless required by law
13or a court order. "Raw data used to compile the investigative
14report" includes, but is not limited to, any one or more of the
15following: the initial complaint, witness statements,
16photographs, investigator's notes, police reports, or incident
17reports. If the allegations are substantiated, the accused
18shall be provided with a redacted copy of the investigative
19report. Death reports where there was no allegation of abuse or
20neglect shall only be released pursuant to applicable State or
21federal law or a valid court order.
22    (m-5) Managing investigation caseloads. By no later than
23one year after the effective date of this amendatory Act of the
2499th General Assembly, the Office of the Inspector General
25shall outline procedures aimed at streamlining the
26investigatory process. Such procedures shall include, but



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1shall not be limited to, assessing the severity of the
2allegation and determining the primary responsibility for
3investigation. The Office shall determine expeditiously after
4receipt of an allegation, whether it is a minor or severe
5allegation. The Office shall delegate community agencies to
6take primary responsibility for investigating minor
7allegations. The Office shall take primary responsibility for
8investigating egregious allegations.
9    (n) Written responses and reconsideration requests.
10        (1) Written responses. Within 30 calendar days from
11    receipt of a substantiated investigative report or an
12    investigative report which contains recommendations,
13    absent a reconsideration request, the facility or agency
14    shall file a written response that addresses, in a concise
15    and reasoned manner, the actions taken to: (i) protect the
16    individual; (ii) prevent recurrences; and (iii) eliminate
17    the problems identified. The response shall include the
18    implementation and completion dates of such actions. If the
19    written response is not filed within the allotted 30
20    calendar day period, the Secretary shall determine the
21    appropriate corrective action to be taken.
22        (2) Reconsideration requests. The facility, agency,
23    victim or guardian, or the subject employee may request
24    that the Office of Inspector General reconsider or clarify
25    its finding based upon additional information.
26    (o) Disclosure of the finding by the Inspector General. The



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1Inspector General shall disclose the finding of an
2investigation to the following persons: (i) the Governor, (ii)
3the Secretary, (iii) the director of the facility or agency,
4(iv) the alleged victims and their guardians, (v) the
5complainant, and (vi) the accused. This information shall
6include whether the allegations were deemed substantiated,
7unsubstantiated, or unfounded.
8    (p) Secretary review. Upon review of the Inspector
9General's investigative report and any agency's or facility's
10written response, the Secretary shall accept or reject the
11written response and notify the Inspector General of that
12determination. The Secretary may further direct that other
13administrative action be taken, including, but not limited to,
14any one or more of the following: (i) additional site visits,
15(ii) training, (iii) provision of technical assistance
16relative to administrative needs, licensure or certification,
17or (iv) the imposition of appropriate sanctions.
18    (q) Action by facility or agency. Within 30 days of the
19date the Secretary approves the written response or directs
20that further administrative action be taken, the facility or
21agency shall provide an implementation report to the Inspector
22General that provides the status of the action taken. The
23facility or agency shall be allowed an additional 30 days to
24send notice of completion of the action or to send an updated
25implementation report. If the action has not been completed
26within the additional 30 day period, the facility or agency



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1shall send updated implementation reports every 60 days until
2completion. The Inspector General shall conduct a review of any
3implementation plan that takes more than 120 days after
4approval to complete, and shall monitor compliance through a
5random review of approved written responses, which may include,
6but are not limited to: (i) site visits, (ii) telephone
7contact, and (iii) requests for additional documentation
8evidencing compliance.
9    (r) Sanctions. Sanctions, if imposed by the Secretary under
10Subdivision (p)(iv) of this Section, shall be designed to
11prevent further acts of mental abuse, physical abuse, sexual
12abuse, neglect, egregious neglect, or financial exploitation
13or some combination of one or more of those acts at a facility
14or agency, and may include any one or more of the following:
15        (1) Appointment of on-site monitors.
16        (2) Transfer or relocation of an individual or
17    individuals.
18        (3) Closure of units.
19        (4) Termination of any one or more of the following:
20    (i) Department licensing, (ii) funding, or (iii)
21    certification.
22    The Inspector General may seek the assistance of the
23Illinois Attorney General or the office of any State's Attorney
24in implementing sanctions.
25    (s) Health care worker registry.
26        (1) Reporting to the registry. The Inspector General



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1    shall report to the Department of Public Health's health
2    care worker registry, a public registry, the identity and
3    finding of each employee of a facility or agency against
4    whom there is a final investigative report containing a
5    substantiated allegation of physical or sexual abuse,
6    financial exploitation, or egregious neglect of an
7    individual.
8        (2) Notice to employee. Prior to reporting the name of
9    an employee, the employee shall be notified of the
10    Department's obligation to report and shall be granted an
11    opportunity to request an administrative hearing, the sole
12    purpose of which is to determine if the substantiated
13    finding warrants reporting to the registry. Notice to the
14    employee shall contain a clear and concise statement of the
15    grounds on which the report to the registry is based, offer
16    the employee an opportunity for a hearing, and identify the
17    process for requesting such a hearing. Notice is sufficient
18    if provided by certified mail to the employee's last known
19    address. If the employee fails to request a hearing within
20    30 days from the date of the notice, the Inspector General
21    shall report the name of the employee to the registry.
22    Nothing in this subdivision (s)(2) shall diminish or impair
23    the rights of a person who is a member of a collective
24    bargaining unit under the Illinois Public Labor Relations
25    Act or under any other federal labor statute.
26        (3) Registry hearings. If the employee requests an



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1    administrative hearing, the employee shall be granted an
2    opportunity to appear before an administrative law judge to
3    present reasons why the employee's name should not be
4    reported to the registry. The Department shall bear the
5    burden of presenting evidence that establishes, by a
6    preponderance of the evidence, that the substantiated
7    finding warrants reporting to the registry. After
8    considering all the evidence presented, the administrative
9    law judge shall make a recommendation to the Secretary as
10    to whether the substantiated finding warrants reporting
11    the name of the employee to the registry. The Secretary
12    shall render the final decision. The Department and the
13    employee shall have the right to request that the
14    administrative law judge consider a stipulated disposition
15    of these proceedings.
16        (4) Testimony at registry hearings. A person who makes
17    a report or who investigates a report under this Act shall
18    testify fully in any judicial proceeding resulting from
19    such a report, as to any evidence of abuse or neglect, or
20    the cause thereof. No evidence shall be excluded by reason
21    of any common law or statutory privilege relating to
22    communications between the alleged perpetrator of abuse or
23    neglect, or the individual alleged as the victim in the
24    report, and the person making or investigating the report.
25    Testimony at hearings is exempt from the confidentiality
26    requirements of subsection (f) of Section 10 of the Mental



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1    Health and Developmental Disabilities Confidentiality Act.
2        (5) Employee's rights to collateral action. No
3    reporting to the registry shall occur and no hearing shall
4    be set or proceed if an employee notifies the Inspector
5    General in writing, including any supporting
6    documentation, that he or she is formally contesting an
7    adverse employment action resulting from a substantiated
8    finding by complaint filed with the Illinois Civil Service
9    Commission, or which otherwise seeks to enforce the
10    employee's rights pursuant to any applicable collective
11    bargaining agreement. If an action taken by an employer
12    against an employee as a result of a finding of physical
13    abuse, sexual abuse, or egregious neglect is overturned
14    through an action filed with the Illinois Civil Service
15    Commission or under any applicable collective bargaining
16    agreement and if that employee's name has already been sent
17    to the registry, the employee's name shall be removed from
18    the registry.
19        (6) Removal from registry. At any time after the report
20    to the registry, but no more than once in any 12-month
21    period, an employee may petition the Department in writing
22    to remove his or her name from the registry. Upon receiving
23    notice of such request, the Inspector General shall conduct
24    an investigation into the petition. Upon receipt of such
25    request, an administrative hearing will be set by the
26    Department. At the hearing, the employee shall bear the



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1    burden of presenting evidence that establishes, by a
2    preponderance of the evidence, that removal of the name
3    from the registry is in the public interest. The parties
4    may jointly request that the administrative law judge
5    consider a stipulated disposition of these proceedings.
6    (t) Review of Administrative Decisions. The Department
7shall preserve a record of all proceedings at any formal
8hearing conducted by the Department involving health care
9worker registry hearings. Final administrative decisions of
10the Department are subject to judicial review pursuant to
11provisions of the Administrative Review Law.
12    (u) Quality Care Board. There is created, within the Office
13of the Inspector General, a Quality Care Board to be composed
14of 7 members appointed by the Governor with the advice and
15consent of the Senate. One of the members shall be designated
16as chairman by the Governor. Of the initial appointments made
17by the Governor, 4 Board members shall each be appointed for a
18term of 4 years and 3 members shall each be appointed for a
19term of 2 years. Upon the expiration of each member's term, a
20successor shall be appointed for a term of 4 years. In the case
21of a vacancy in the office of any member, the Governor shall
22appoint a successor for the remainder of the unexpired term.
23    Members appointed by the Governor shall be qualified by
24professional knowledge or experience in the area of law,
25investigatory techniques, or in the area of care of the
26mentally ill or care of persons with developmental



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1disabilities. Two members appointed by the Governor shall be
2persons with a disability or a parent of a person with a
3disability. Members shall serve without compensation, but
4shall be reimbursed for expenses incurred in connection with
5the performance of their duties as members.
6    The Board shall meet quarterly, and may hold other meetings
7on the call of the chairman. Four members shall constitute a
8quorum allowing the Board to conduct its business. The Board
9may adopt rules and regulations it deems necessary to govern
10its own procedures.
11    The Board shall monitor and oversee the operations,
12policies, and procedures of the Inspector General to ensure the
13prompt and thorough investigation of allegations of neglect and
14abuse. In fulfilling these responsibilities, the Board may do
15the following:
16        (1) Provide independent, expert consultation to the
17    Inspector General on policies and protocols for
18    investigations of alleged abuse, neglect, or both abuse and
19    neglect.
20        (2) Review existing regulations relating to the
21    operation of facilities.
22        (3) Advise the Inspector General as to the content of
23    training activities authorized under this Section.
24        (4) Recommend policies concerning methods for
25    improving the intergovernmental relationships between the
26    Office of the Inspector General and other State or federal



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1    offices.
2    (v) Annual report. The Inspector General shall provide to
3the General Assembly and the Governor, no later than January 1
4of each year, a summary of reports and investigations made
5under this Act for the prior fiscal year with respect to
6individuals receiving mental health or developmental
7disabilities services. The report shall detail the imposition
8of sanctions, if any, and the final disposition of any
9corrective or administrative action directed by the Secretary.
10The summaries shall not contain any confidential or identifying
11information of any individual, but shall include objective data
12identifying any trends in the number of reported allegations,
13the timeliness of the Office of the Inspector General's
14investigations, and their disposition, for each facility and
15Department-wide, for the most recent 3-year time period. The
16report shall also identify, by facility, the staff-to-patient
17ratios taking account of direct care staff only. The report
18shall also include detailed recommended administrative actions
19and matters for consideration by the General Assembly.
20    (w) Program audit. The Auditor General shall conduct a
21program audit of the Office of the Inspector General on an
22as-needed basis, as determined by the Auditor General. The
23audit shall specifically include the Inspector General's
24compliance with the Act and effectiveness in investigating
25reports of allegations occurring in any facility or agency. The
26Auditor General shall conduct the program audit according to



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1the provisions of the Illinois State Auditing Act and shall
2report its findings to the General Assembly no later than
3January 1 following the audit period.
4    (x) Nothing in this Section shall be construed to mean that
5a patient is a victim of abuse or neglect because of health
6care services appropriately provided or not provided by health
7care professionals.
8    (y) Nothing in this Section shall require a facility,
9including its employees, agents, medical staff members, and
10health care professionals, to provide a service to a patient in
11contravention of that patient's stated or implied objection to
12the provision of that service on the ground that that service
13conflicts with the patient's religious beliefs or practices,
14nor shall the failure to provide a service to a patient be
15considered abuse under this Section if the patient has objected
16to the provision of that service based on his or her religious
17beliefs or practices.
18(Source: P.A. 98-49, eff. 7-1-13; 98-711, eff. 7-16-14; 99-143,
19eff. 7-27-15; 99-323, eff. 8-7-15; revised 10-19-15.)
20    Section 99. Effective date. This Act takes effect upon
21becoming law.