Illinois General Assembly - Full Text of HB5000
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Full Text of HB5000  100th General Assembly




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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 under the Health Care Worker
9Background Check Act.
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 clearly establish



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1that if 2 or more State agencies could investigate an
2allegation, the Inspector General shall not conduct an
3investigation that would be redundant to, or interfere with, an
4investigation conducted by another State agency. The rules
5shall further clarify the method and circumstances under which
6the Office of Inspector General may interact with the
7licensing, funding, or certification units of the Department in
8preventing further occurrences of mental abuse, physical
9abuse, sexual abuse, neglect, egregious neglect, and financial
11    (h) Training programs. The Inspector General shall (i)
12establish a comprehensive program to ensure that every person
13authorized to conduct investigations receives ongoing training
14relative to investigation techniques, communication skills,
15and the appropriate means of interacting with persons receiving
16treatment for mental illness, developmental disability, or
17both mental illness and developmental disability, and (ii)
18establish and conduct periodic training programs for facility
19and agency employees concerning the prevention and reporting of
20any one or more of the following: mental abuse, physical abuse,
21sexual abuse, neglect, egregious neglect, or financial
22exploitation. Nothing in this Section shall be deemed to
23prevent the Office of Inspector General from conducting any
24other training as determined by the Inspector General to be
25necessary or helpful.
26    (i) Duty to cooperate.



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1        (1) The Inspector General shall at all times be granted
2    access to any facility or agency for the purpose of
3    investigating any allegation, conducting unannounced site
4    visits, monitoring compliance with a written response, or
5    completing any other statutorily assigned duty. The
6    Inspector General shall conduct unannounced site visits to
7    each facility at least annually for the purpose of
8    reviewing and making recommendations on systemic issues
9    relative to preventing, reporting, investigating, and
10    responding to all of the following: mental abuse, physical
11    abuse, sexual abuse, neglect, egregious neglect, or
12    financial exploitation.
13        (2) Any employee who fails to cooperate with an Office
14    of the Inspector General investigation is in violation of
15    this Act. Failure to cooperate with an investigation
16    includes, but is not limited to, any one or more of the
17    following: (i) creating and transmitting a false report to
18    the Office of the Inspector General hotline, (ii) providing
19    false information to an Office of the Inspector General
20    Investigator during an investigation, (iii) colluding with
21    other employees to cover up evidence, (iv) colluding with
22    other employees to provide false information to an Office
23    of the Inspector General investigator, (v) destroying
24    evidence, (vi) withholding evidence, or (vii) otherwise
25    obstructing an Office of the Inspector General
26    investigation. Additionally, any employee who, during an



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1    unannounced site visit or written response compliance
2    check, fails to cooperate with requests from the Office of
3    the Inspector General is in violation of this Act.
4    (j) Subpoena powers. The Inspector General shall have the
5power to subpoena witnesses and compel the production of all
6documents and physical evidence relating to his or her
7investigations and any hearings authorized by this Act. This
8subpoena power shall not extend to persons or documents of a
9labor organization or its representatives insofar as the
10persons are acting in a representative capacity to an employee
11whose conduct is the subject of an investigation or the
12documents relate to that representation. Any person who
13otherwise fails to respond to a subpoena or who knowingly
14provides false information to the Office of the Inspector
15General by subpoena during an investigation is guilty of a
16Class A misdemeanor.
17    (k) Reporting allegations and deaths.
18        (1) Allegations. If an employee witnesses, is told of,
19    or has reason to believe an incident of mental abuse,
20    physical abuse, sexual abuse, neglect, or financial
21    exploitation has occurred, the employee, agency, or
22    facility shall report the allegation by phone to the Office
23    of the Inspector General hotline according to the agency's
24    or facility's procedures, but in no event later than 4
25    hours after the initial discovery of the incident,
26    allegation, or suspicion of any one or more of the



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1    following: mental abuse, physical abuse, sexual abuse,
2    neglect, or financial exploitation. A required reporter as
3    defined in subsection (b) of this Section who knowingly or
4    intentionally fails to comply with these reporting
5    requirements is guilty of a Class A misdemeanor.
6        (2) Deaths. Absent an allegation, a required reporter
7    shall, within 24 hours after initial discovery, report by
8    phone to the Office of the Inspector General hotline each
9    of the following:
10            (i) Any death of an individual occurring within 14
11        calendar days after discharge or transfer of the
12        individual from a residential program or facility.
13            (ii) Any death of an individual occurring within 24
14        hours after deflection from a residential program or
15        facility.
16            (iii) Any other death of an individual occurring at
17        an agency or facility or at any Department-funded site.
18        (3) Retaliation. It is a violation of this Act for any
19    employee or administrator of an agency or facility to take
20    retaliatory action against an employee who acts in good
21    faith in conformance with his or her duties as a required
22    reporter.
23    (l) Reporting to law enforcement.
24        (1) Reporting criminal acts. Within 24 hours after
25    determining that there is credible evidence indicating
26    that a criminal act may have been committed or that special



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1    expertise may be required in an investigation, the
2    Inspector General shall notify the Department of State
3    Police or other appropriate law enforcement authority, or
4    ensure that such notification is made. The Department of
5    State Police shall investigate any report from a
6    State-operated facility indicating a possible murder,
7    sexual assault, or other felony by an employee. All
8    investigations conducted by the Inspector General shall be
9    conducted in a manner designed to ensure the preservation
10    of evidence for possible use in a criminal prosecution.
11        (2) Reporting allegations of adult students with
12    disabilities. Upon receipt of a reportable allegation
13    regarding an adult student with a disability, the
14    Department's Office of the Inspector General shall
15    determine whether the allegation meets the criteria for the
16    Domestic Abuse Program under the Abuse of Adults with
17    Disabilities Intervention Act. If the allegation is
18    reportable to that program, the Office of the Inspector
19    General shall initiate an investigation. If the allegation
20    is not reportable to the Domestic Abuse Program, the Office
21    of the Inspector General shall make an expeditious referral
22    to the respective law enforcement entity. If the alleged
23    victim is already receiving services from the Department,
24    the Office of the Inspector General shall also make a
25    referral to the respective Department of Human Services'
26    Division or Bureau.



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1    (m) Investigative reports. Upon completion of an
2investigation, the Office of Inspector General shall issue an
3investigative report identifying whether the allegations are
4substantiated, unsubstantiated, or unfounded. Within 10
5business days after the transmittal of a completed
6investigative report substantiating an allegation, finding an
7allegation is unsubstantiated, or if a recommendation is made,
8the Inspector General shall provide the investigative report on
9the case to the Secretary and to the director of the facility
10or agency where any one or more of the following occurred:
11mental abuse, physical abuse, sexual abuse, neglect, egregious
12neglect, or financial exploitation. The director of the
13facility or agency shall be responsible for maintaining the
14confidentiality of the investigative report consistent with
15State and federal law. In a substantiated case, the
16investigative report shall include any mitigating or
17aggravating circumstances that were identified during the
18investigation. If the case involves substantiated neglect, the
19investigative report shall also state whether egregious
20neglect was found. An investigative report may also set forth
21recommendations. All investigative reports prepared by the
22Office of the Inspector General shall be considered
23confidential and shall not be released except as provided by
24the law of this State or as required under applicable federal
25law. Unsubstantiated and unfounded reports shall not be
26disclosed except as allowed under Section 6 of the Abused and



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1Neglected Long Term Care Facility Residents Reporting Act. Raw
2data used to compile the investigative report shall not be
3subject to release unless required by law or a court order.
4"Raw data used to compile the investigative report" includes,
5but is not limited to, any one or more of the following: the
6initial complaint, witness statements, photographs,
7investigator's notes, police reports, or incident reports. If
8the allegations are substantiated, the victim, the victim's
9guardian, and the accused shall be provided with a redacted
10copy of the investigative report. Death reports where there was
11no allegation of abuse or neglect shall only be released
12pursuant to applicable State or federal law or a valid court
13order. Unredacted investigative reports, as well as raw data,
14may be shared with a local law enforcement entity, a State's
15Attorney's office, or a county coroner's office upon written
17    (n) Written responses and reconsideration requests.
18        (1) Written responses. Within 30 calendar days from
19    receipt of a substantiated investigative report or an
20    investigative report which contains recommendations,
21    absent a reconsideration request, the facility or agency
22    shall file a written response that addresses, in a concise
23    and reasoned manner, the actions taken to: (i) protect the
24    individual; (ii) prevent recurrences; and (iii) eliminate
25    the problems identified. The response shall include the
26    implementation and completion dates of such actions. If the



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1    written response is not filed within the allotted 30
2    calendar day period, the Secretary shall determine the
3    appropriate corrective action to be taken.
4        (2) Reconsideration requests. The facility, agency,
5    victim or guardian, or the subject employee may request
6    that the Office of Inspector General reconsider or clarify
7    its finding based upon additional information.
8    (o) Disclosure of the finding by the Inspector General. The
9Inspector General shall disclose the finding of an
10investigation to the following persons: (i) the Governor, (ii)
11the Secretary, (iii) the director of the facility or agency,
12(iv) the alleged victims and their guardians, (v) the
13complainant, and (vi) the accused. This information shall
14include whether the allegations were deemed substantiated,
15unsubstantiated, or unfounded.
16    (p) Secretary review. Upon review of the Inspector
17General's investigative report and any agency's or facility's
18written response, the Secretary shall accept or reject the
19written response and notify the Inspector General of that
20determination. The Secretary may further direct that other
21administrative action be taken, including, but not limited to,
22any one or more of the following: (i) additional site visits,
23(ii) training, (iii) provision of technical assistance
24relative to administrative needs, licensure or certification,
25or (iv) the imposition of appropriate sanctions.
26    (q) Action by facility or agency. Within 30 days of the



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1date the Secretary approves the written response or directs
2that further administrative action be taken, the facility or
3agency shall provide an implementation report to the Inspector
4General that provides the status of the action taken. The
5facility or agency shall be allowed an additional 30 days to
6send notice of completion of the action or to send an updated
7implementation report. If the action has not been completed
8within the additional 30-day 30 day period, the facility or
9agency shall send updated implementation reports every 60 days
10until completion. The Inspector General shall conduct a review
11of any implementation plan that takes more than 120 days after
12approval to complete, and shall monitor compliance through a
13random review of approved written responses, which may include,
14but are not limited to: (i) site visits, (ii) telephone
15contact, and (iii) requests for additional documentation
16evidencing compliance.
17    (r) Sanctions. Sanctions, if imposed by the Secretary under
18Subdivision (p)(iv) of this Section, shall be designed to
19prevent further acts of mental abuse, physical abuse, sexual
20abuse, neglect, egregious neglect, or financial exploitation
21or some combination of one or more of those acts at a facility
22or agency, and may include any one or more of the following:
23        (1) Appointment of on-site monitors.
24        (2) Transfer or relocation of an individual or
25    individuals.
26        (3) Closure of units.



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1        (4) Termination of any one or more of the following:
2    (i) Department licensing, (ii) funding, or (iii)
3    certification.
4    The Inspector General may seek the assistance of the
5Illinois Attorney General or the office of any State's Attorney
6in implementing sanctions.
7    (s) Health Care Worker Registry.
8        (1) Reporting to the Registry. The Inspector General
9    shall report to the Department of Public Health's Health
10    Care Worker Registry, a public registry, the identity and
11    finding of each employee of a facility or agency against
12    whom there is a final investigative report containing a
13    substantiated allegation of physical or sexual abuse,
14    financial exploitation, or egregious neglect of an
15    individual.
16        (2) Notice to employee. Prior to reporting the name of
17    an employee, the employee shall be notified of the
18    Department's obligation to report and shall be granted an
19    opportunity to request an administrative hearing, the sole
20    purpose of which is to determine if the substantiated
21    finding warrants reporting to the Registry. Notice to the
22    employee shall contain a clear and concise statement of the
23    grounds on which the report to the Registry is based, offer
24    the employee an opportunity for a hearing, and identify the
25    process for requesting such a hearing. Notice is sufficient
26    if provided by certified mail to the employee's last known



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1    address. If the employee fails to request a hearing within
2    30 days from the date of the notice, the Inspector General
3    shall report the name of the employee to the Registry.
4    Nothing in this subdivision (s)(2) shall diminish or impair
5    the rights of a person who is a member of a collective
6    bargaining unit under the Illinois Public Labor Relations
7    Act or under any other federal labor statute.
8        (3) Registry hearings. If the employee requests an
9    administrative hearing, the employee shall be granted an
10    opportunity to appear before an administrative law judge to
11    present reasons why the employee's name should not be
12    reported to the Registry. The Department shall bear the
13    burden of presenting evidence that establishes, by a
14    preponderance of the evidence, that the substantiated
15    finding warrants reporting to the Registry. After
16    considering all the evidence presented, the administrative
17    law judge shall make a recommendation to the Secretary as
18    to whether the substantiated finding warrants reporting
19    the name of the employee to the Registry. The Secretary
20    shall render the final decision. The Department and the
21    employee shall have the right to request that the
22    administrative law judge consider a stipulated disposition
23    of these proceedings.
24        (4) Testimony at Registry hearings. A person who makes
25    a report or who investigates a report under this Act shall
26    testify fully in any judicial proceeding resulting from



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1    such a report, as to any evidence of abuse or neglect, or
2    the cause thereof. No evidence shall be excluded by reason
3    of any common law or statutory privilege relating to
4    communications between the alleged perpetrator of abuse or
5    neglect, or the individual alleged as the victim in the
6    report, and the person making or investigating the report.
7    Testimony at hearings is exempt from the confidentiality
8    requirements of subsection (f) of Section 10 of the Mental
9    Health and Developmental Disabilities Confidentiality Act.
10        (5) Employee's rights to collateral action. No
11    reporting to the Registry shall occur and no hearing shall
12    be set or proceed if an employee notifies the Inspector
13    General in writing, including any supporting
14    documentation, that he or she is formally contesting an
15    adverse employment action resulting from a substantiated
16    finding by complaint filed with the Illinois Civil Service
17    Commission, or which otherwise seeks to enforce the
18    employee's rights pursuant to any applicable collective
19    bargaining agreement. If an action taken by an employer
20    against an employee as a result of a finding of physical
21    abuse, sexual abuse, or egregious neglect is overturned
22    through an action filed with the Illinois Civil Service
23    Commission or under any applicable collective bargaining
24    agreement and if that employee's name has already been sent
25    to the Registry, the employee's name shall be removed from
26    the Registry.



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1        (6) Removal from Registry. At any time after the report
2    to the Registry, but no more than once in any 12-month
3    period, an employee may petition the Department in writing
4    to remove his or her name from the Registry. Upon receiving
5    notice of such request, the Inspector General shall conduct
6    an investigation into the petition. Upon receipt of such
7    request, an administrative hearing will be set by the
8    Department. At the hearing, the employee shall bear the
9    burden of presenting evidence that establishes, by a
10    preponderance of the evidence, that removal of the name
11    from the Registry is in the public interest. The parties
12    may jointly request that the administrative law judge
13    consider a stipulated disposition of these proceedings.
14    (t) Review of Administrative Decisions. The Department
15shall preserve a record of all proceedings at any formal
16hearing conducted by the Department involving Health Care
17Worker Registry hearings. Final administrative decisions of
18the Department are subject to judicial review pursuant to
19provisions of the Administrative Review Law.
20    (u) Quality Care Board. There is created, within the Office
21of the Inspector General, a Quality Care Board to be composed
22of 7 members appointed by the Governor with the advice and
23consent of the Senate. One of the members shall be designated
24as chairman by the Governor. Of the initial appointments made
25by the Governor, 4 Board members shall each be appointed for a
26term of 4 years and 3 members shall each be appointed for a



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1term of 2 years. Upon the expiration of each member's term, a
2successor shall be appointed for a term of 4 years. In the case
3of a vacancy in the office of any member, the Governor shall
4appoint a successor for the remainder of the unexpired term.
5    Members appointed by the Governor shall be qualified by
6professional knowledge or experience in the area of law,
7investigatory techniques, or in the area of care of the
8mentally ill or care of persons with developmental
9disabilities. Two members appointed by the Governor shall be
10persons with a disability or a parent of a person with a
11disability. Members shall serve without compensation, but
12shall be reimbursed for expenses incurred in connection with
13the performance of their duties as members.
14    The Board shall meet quarterly, and may hold other meetings
15on the call of the chairman. Four members shall constitute a
16quorum allowing the Board to conduct its business. The Board
17may adopt rules and regulations it deems necessary to govern
18its own procedures.
19    The Board shall monitor and oversee the operations,
20policies, and procedures of the Inspector General to ensure the
21prompt and thorough investigation of allegations of neglect and
22abuse. In fulfilling these responsibilities, the Board may do
23the following:
24        (1) Provide independent, expert consultation to the
25    Inspector General on policies and protocols for
26    investigations of alleged abuse, neglect, or both abuse and



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1    neglect.
2        (2) Review existing regulations relating to the
3    operation of facilities.
4        (3) Advise the Inspector General as to the content of
5    training activities authorized under this Section.
6        (4) Recommend policies concerning methods for
7    improving the intergovernmental relationships between the
8    Office of the Inspector General and other State or federal
9    offices.
10    (v) Annual report. The Inspector General shall provide to
11the General Assembly and the Governor, no later than January 1
12of each year, a summary of reports and investigations made
13under this Act for the prior fiscal year with respect to
14individuals receiving mental health or developmental
15disabilities services. The report shall detail the imposition
16of sanctions, if any, and the final disposition of any
17corrective or administrative action directed by the Secretary.
18The summaries shall not contain any confidential or identifying
19information of any individual, but shall include objective data
20identifying any trends in the number of reported allegations,
21the timeliness of the Office of the Inspector General's
22investigations, and their disposition, for each facility and
23Department-wide, for the most recent 3-year time period. The
24report shall also identify, by facility, the staff-to-patient
25ratios taking account of direct care staff only. The report
26shall also include detailed recommended administrative actions



HB5000 Enrolled- 24 -LRB100 16239 KTG 31362 b

1and matters for consideration by the General Assembly.
2    (w) Program audit. The Auditor General shall conduct a
3program audit of the Office of the Inspector General on an
4as-needed basis, as determined by the Auditor General. The
5audit shall specifically include the Inspector General's
6compliance with the Act and effectiveness in investigating
7reports of allegations occurring in any facility or agency. The
8Auditor General shall conduct the program audit according to
9the provisions of the Illinois State Auditing Act and shall
10report its findings to the General Assembly no later than
11January 1 following the audit period.
12    (x) Nothing in this Section shall be construed to mean that
13an individual is a victim of abuse or neglect because of health
14care services appropriately provided or not provided by health
15care professionals.
16    (y) Nothing in this Section shall require a facility,
17including its employees, agents, medical staff members, and
18health care professionals, to provide a service to an
19individual in contravention of that individual's stated or
20implied objection to the provision of that service on the
21ground that that service conflicts with the individual's
22religious beliefs or practices, nor shall the failure to
23provide a service to an individual be considered abuse under
24this Section if the individual has objected to the provision of
25that service based on his or her religious beliefs or



HB5000 Enrolled- 25 -LRB100 16239 KTG 31362 b

1(Source: P.A. 99-143, eff. 7-27-15; 99-323, eff. 8-7-15;
299-642, eff. 7-28-16; 100-313, eff. 8-24-17; 100-432, eff.
38-25-17; revised 9-27-17.)
4    Section 99. Effective date. This Act takes effect upon
5becoming law.