Full Text of HB5132 96th General Assembly
HB5132ham001 96TH GENERAL ASSEMBLY
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Rep. Roger L. Eddy
Filed: 3/12/2010
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| AMENDMENT TO HOUSE BILL 5132
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| AMENDMENT NO. ______. Amend House Bill 5132 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Department of Human Services Act is amended | 5 |
| by changing Section 1-17 as follows:
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| (20 ILCS 1305/1-17)
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| (Text of Section before amendment by P.A. 96-339 ) | 8 |
| Sec. 1-17. Inspector General. | 9 |
| (a) Nature and purpose. It is the express intent of the | 10 |
| General Assembly to ensure the health, safety, and financial | 11 |
| condition of individuals receiving services in this State due | 12 |
| to mental illness, developmental disability, or both by | 13 |
| protecting those persons from acts of abuse, neglect, or both | 14 |
| by service providers. To that end, the Office of the Inspector | 15 |
| General for the Department of Human Services is created to | 16 |
| investigate and report upon allegations of the abuse, neglect, |
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| or financial exploitation of individuals receiving services | 2 |
| within mental health facilities, developmental disabilities | 3 |
| facilities, and community agencies operated, licensed, funded | 4 |
| or certified by the Department of Human Services , but not | 5 |
| licensed or certified by any other State agency. It is also the | 6 |
| express intent of the General Assembly to authorize the | 7 |
| Inspector General to investigate alleged or suspected cases of | 8 |
| abuse, neglect, or financial exploitation of adults with | 9 |
| disabilities living in domestic settings in the community under | 10 |
| the Abuse of Adults with Disabilities Intervention Act. | 11 |
| (b) Definitions. The following definitions apply to this | 12 |
| Section: | 13 |
| "Agency" or "community agency" means (i) a community agency | 14 |
| licensed, funded, or certified by the Department , but not | 15 |
| licensed or certified by any other human services agency of the | 16 |
| State, to provide mental health service or developmental | 17 |
| disabilities service, or (ii) a program licensed, funded, or | 18 |
| certified by the Department , but not licensed or certified by | 19 |
| any other human services agency of the State, to provide mental | 20 |
| health service or developmental disabilities service. | 21 |
| "Aggravating circumstance" means a factor that is | 22 |
| attendant to a finding and that tends to compound or increase | 23 |
| the culpability of the accused. | 24 |
| "Allegation" means an assertion, complaint, suspicion, or | 25 |
| incident involving any of the following conduct by an employee, | 26 |
| facility, or agency against an individual or individuals: |
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| mental abuse, physical abuse, sexual abuse, neglect, or | 2 |
| financial exploitation. | 3 |
| "Day" means working day, unless otherwise specified. | 4 |
| "Deflection" means a situation in which an individual is | 5 |
| presented for admission to a facility or agency, and the | 6 |
| facility staff or agency staff do not admit the individual. | 7 |
| "Deflection" includes triage, redirection, and denial of | 8 |
| admission. | 9 |
| "Department" means the Department of Human Services. | 10 |
| "Developmentally disabled" means having a developmental | 11 |
| disability. | 12 |
| "Developmental disability" means "developmental | 13 |
| disability" as defined in the Mental Health and Developmental | 14 |
| Disabilities Code. | 15 |
| "Egregious neglect" means a finding of neglect as | 16 |
| determined by the Inspector General that (i) represents a gross | 17 |
| failure to adequately provide for, or a callused indifference | 18 |
| to, the health, safety, or medical needs of an individual and | 19 |
| (ii) results in an individual's death or other serious | 20 |
| deterioration of an individual's physical condition or mental | 21 |
| condition. | 22 |
| "Employee" means any person who provides services at the | 23 |
| facility or agency on-site or off-site. The service | 24 |
| relationship can be with the individual or with the facility or | 25 |
| agency. Also, "employee" includes any employee or contractual | 26 |
| agent of the Department of Human Services or the community |
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| agency involved in providing or monitoring or administering | 2 |
| mental health or developmental disability services. This | 3 |
| includes but is not limited to: owners, operators, payroll | 4 |
| personnel, contractors, subcontractors, and volunteers. | 5 |
| "Facility" or "State-operated facility" means a mental | 6 |
| health facility or developmental disabilities facility | 7 |
| operated by the Department. | 8 |
| "Financial exploitation" means taking unjust advantage of | 9 |
| an individual's assets, property, or financial resources | 10 |
| through deception, intimidation, or conversion for the | 11 |
| employee's, facility's, or agency's own advantage or benefit. | 12 |
| "Finding" means the Office of Inspector General's | 13 |
| determination regarding whether an allegation is | 14 |
| substantiated, unsubstantiated, or unfounded. | 15 |
| "Health care worker registry" or "registry" means the | 16 |
| health care worker registry created by the Nursing Home Care | 17 |
| Act. | 18 |
| "Individual" means any person receiving mental health | 19 |
| service, developmental disabilities service, or both from a | 20 |
| facility or agency, while either on-site or off-site. | 21 |
| "Mental abuse" means the use of demeaning, intimidating, or | 22 |
| threatening words, signs, gestures, or other actions by an | 23 |
| employee about an individual and in the presence of an | 24 |
| individual or individuals that results in emotional distress or | 25 |
| maladaptive behavior, or could have resulted in emotional | 26 |
| distress or maladaptive behavior, for any individual present. |
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| "Mental illness" means "mental illness" as defined in the | 2 |
| Mental Health and Developmental Disabilities Code. | 3 |
| "Mentally ill" means having a mental illness. | 4 |
| "Mitigating circumstance" means a condition that (i) is | 5 |
| attendant to a finding, (ii) does not excuse or justify the | 6 |
| conduct in question, but (iii) may be considered in evaluating | 7 |
| the severity of the conduct, the culpability of the accused, or | 8 |
| both the severity of the conduct and the culpability of the | 9 |
| accused. | 10 |
| "Neglect" means an employee's, agency's, or facility's | 11 |
| failure to provide adequate medical care, personal care, or | 12 |
| maintenance and that, as a consequence, (i) causes an | 13 |
| individual pain, injury, or emotional distress, (ii) results in | 14 |
| either an individual's maladaptive behavior or the | 15 |
| deterioration of an individual's physical condition or mental | 16 |
| condition, or (iii) places the individual's health or safety at | 17 |
| substantial risk. | 18 |
| "Physical abuse" means an employee's non-accidental and | 19 |
| inappropriate contact with an individual that causes bodily | 20 |
| harm. "Physical abuse" includes actions that cause bodily harm | 21 |
| as a result of an employee directing an individual or person to | 22 |
| physically abuse another individual. | 23 |
| "Recommendation" means an admonition, separate from a | 24 |
| finding, that requires action by the facility, agency, or | 25 |
| Department to correct a systemic issue, problem, or deficiency | 26 |
| identified during an investigation. |
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| "Required reporter" means any employee who suspects, | 2 |
| witnesses, or is informed of an allegation of any one or more | 3 |
| of the following: mental abuse, physical abuse, sexual abuse, | 4 |
| neglect, or financial exploitation. | 5 |
| "Secretary" means the Chief Administrative Officer of the | 6 |
| Department. | 7 |
| "Sexual abuse" means any sexual contact or intimate | 8 |
| physical contact between an employee and an individual, | 9 |
| including an employee's coercion or encouragement of an | 10 |
| individual to engage in sexual behavior that results in sexual | 11 |
| contact, intimate physical contact, sexual behavior, or | 12 |
| intimate physical behavior. | 13 |
| "Substantiated" means there is a preponderance of the | 14 |
| evidence to support the allegation. | 15 |
| "Unfounded" means there is no credible evidence to support | 16 |
| the allegation. | 17 |
| "Unsubstantiated" means there is credible evidence, but | 18 |
| less than a preponderance of evidence to support the | 19 |
| allegation. | 20 |
| (c) Appointment. The Governor shall appoint, and the Senate | 21 |
| shall confirm, an Inspector General. The Inspector General | 22 |
| shall be appointed for a term of 4 years and shall function | 23 |
| within the Department of Human Services and report to the | 24 |
| Secretary and the Governor. | 25 |
| (d) Operation and appropriation. The Inspector General | 26 |
| shall function independently within the Department with |
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| respect to the operations of the Office, including the | 2 |
| performance of investigations and issuance of findings and | 3 |
| recommendations. The appropriation for the Office of Inspector | 4 |
| General shall be separate from the overall appropriation for | 5 |
| the Department. | 6 |
| (e) Powers and duties. The Inspector General shall | 7 |
| investigate reports of suspected mental abuse, physical abuse, | 8 |
| sexual abuse, neglect, or financial exploitation of | 9 |
| individuals in any mental health or developmental disabilities | 10 |
| facility or agency and shall have authority to take immediate | 11 |
| action to prevent any one or more of the following from | 12 |
| happening to individuals under its jurisdiction: mental abuse, | 13 |
| physical abuse, sexual abuse, neglect, or financial | 14 |
| exploitation. Upon written request of an agency of this State, | 15 |
| the Inspector General may assist another agency of the State in | 16 |
| investigating reports of the abuse, neglect, or abuse and | 17 |
| neglect of persons with mental illness, persons with | 18 |
| developmental disabilities, or persons with both. To comply | 19 |
| with the requirements of subsection (k) of this Section, the | 20 |
| Inspector General shall also review all reportable deaths for | 21 |
| which there is no allegation of abuse or neglect. Nothing in | 22 |
| this Section shall preempt any duties of the Medical Review | 23 |
| Board set forth in the Mental Health and Developmental | 24 |
| Disabilities Code. The Inspector General shall have no | 25 |
| authority to investigate alleged violations of the State | 26 |
| Officials and Employees Ethics Act. Allegations of misconduct |
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| under the State Officials and Employees Ethics Act shall be | 2 |
| referred to the Office of the Governor's Executive Inspector | 3 |
| General for investigation. | 4 |
| (f) Limitations. The Inspector General shall not conduct an | 5 |
| investigation within an agency or facility if that | 6 |
| investigation would be redundant to or interfere with an | 7 |
| investigation conducted by another State agency. The Inspector | 8 |
| General shall have no supervision over, or involvement in, the | 9 |
| routine programmatic, licensing, funding, or certification | 10 |
| operations of the Department. Nothing in this subsection limits | 11 |
| investigations by the Department that may otherwise be required | 12 |
| by law or that may be necessary in the Department's capacity as | 13 |
| central administrative authority responsible for the operation | 14 |
| of the State's mental health and developmental disabilities | 15 |
| facilities. | 16 |
| (g) Rulemaking authority. The Inspector General shall | 17 |
| promulgate rules establishing minimum requirements for | 18 |
| reporting allegations as well as for initiating, conducting, | 19 |
| and completing investigations based upon the nature of the | 20 |
| allegation or allegations. The rules shall clearly establish | 21 |
| that if 2 or more State agencies could investigate an | 22 |
| allegation, the Inspector General shall not conduct an | 23 |
| investigation that would be redundant to, or interfere with, an | 24 |
| investigation conducted by another State agency. The rules | 25 |
| shall further clarify the method and circumstances under which | 26 |
| the Office of Inspector General may interact with the |
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| licensing, funding, or certification units of the Department in | 2 |
| preventing further occurrences of mental abuse, physical | 3 |
| abuse, sexual abuse, neglect, egregious neglect, and financial | 4 |
| exploitation. | 5 |
| (h) Training programs. The Inspector General shall (i) | 6 |
| establish a comprehensive program to ensure that every person | 7 |
| authorized to conduct investigations receives ongoing training | 8 |
| relative to investigation techniques, communication skills, | 9 |
| and the appropriate means of interacting with persons receiving | 10 |
| treatment for mental illness, developmental disability, or | 11 |
| both mental illness and developmental disability, and (ii) | 12 |
| establish and conduct periodic training programs for facility | 13 |
| and agency employees concerning the prevention and reporting of | 14 |
| any one or more of the following: mental abuse, physical abuse, | 15 |
| sexual abuse, neglect, egregious neglect, or financial | 16 |
| exploitation. Nothing in this Section shall be deemed to | 17 |
| prevent the Office of Inspector General from conducting any | 18 |
| other training as determined by the Inspector General to be | 19 |
| necessary or helpful. | 20 |
| (i) Duty to cooperate. | 21 |
| (1) The Inspector General shall at all times be granted | 22 |
| access to any facility or agency for the purpose of | 23 |
| investigating any allegation, conducting unannounced site | 24 |
| visits, monitoring compliance with a written response, or | 25 |
| completing any other statutorily assigned duty. The | 26 |
| Inspector General shall conduct unannounced site visits to |
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| each facility at least annually for the purpose of | 2 |
| reviewing and making recommendations on systemic issues | 3 |
| relative to preventing, reporting, investigating, and | 4 |
| responding to all of the following: mental abuse, physical | 5 |
| abuse, sexual abuse, neglect, egregious neglect, or | 6 |
| financial exploitation. | 7 |
| (2) Any employee who fails to cooperate with an Office | 8 |
| of the Inspector General investigation is in violation of | 9 |
| this Act. Failure to cooperate with an investigation | 10 |
| includes, but is not limited to, any one or more of the | 11 |
| following: (i) creating and transmitting a false report to | 12 |
| the Office of the Inspector General hotline, (ii) providing | 13 |
| false information to an Office of the Inspector General | 14 |
| Investigator during an investigation, (iii) colluding with | 15 |
| other employees to cover up evidence, (iv) colluding with | 16 |
| other employees to provide false information to an Office | 17 |
| of the Inspector General investigator, (v) destroying | 18 |
| evidence, (vi) withholding evidence, or (vii) otherwise | 19 |
| obstructing an Office of the Inspector General | 20 |
| investigation. Additionally, any employee who, during an | 21 |
| unannounced site visit or written response compliance | 22 |
| check, fails to cooperate with requests from the Office of | 23 |
| the Inspector General is in violation of this Act. | 24 |
| (j) Subpoena powers. The Inspector General shall have the | 25 |
| power to subpoena witnesses and compel the production of all | 26 |
| documents and physical evidence relating to his or her |
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| investigations and any hearings authorized by this Act. This | 2 |
| subpoena power shall not extend to persons or documents of a | 3 |
| labor organization or its representatives insofar as the | 4 |
| persons are acting in a representative capacity to an employee | 5 |
| whose conduct is the subject of an investigation or the | 6 |
| documents relate to that representation. Any person who | 7 |
| otherwise fails to respond to a subpoena or who knowingly | 8 |
| provides false information to the Office of the Inspector | 9 |
| General by subpoena during an investigation is guilty of a | 10 |
| Class A misdemeanor. | 11 |
| (k) Reporting allegations and deaths. | 12 |
| (1) Allegations. If an employee witnesses, is told of, | 13 |
| or has reason to believe an incident of mental abuse, | 14 |
| physical abuse, sexual abuse, neglect, or financial | 15 |
| exploitation has occurred, the employee, agency, or | 16 |
| facility shall report the allegation by phone to the Office | 17 |
| of the Inspector General hotline according to the agency's | 18 |
| or facility's procedures, but in no event later than 4 | 19 |
| hours after the initial discovery of the incident, | 20 |
| allegation, or suspicion of any one or more of the | 21 |
| following: mental abuse, physical abuse, sexual abuse, | 22 |
| neglect, or financial exploitation. A required reporter as | 23 |
| defined in subsection (b) of this Section who knowingly or | 24 |
| intentionally fails to comply with these reporting | 25 |
| requirements is guilty of a Class A misdemeanor. | 26 |
| (2) Deaths. Absent an allegation, a required reporter |
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| shall, within 24 hours after initial discovery, report by | 2 |
| phone to the Office of the Inspector General hotline each | 3 |
| of the following: | 4 |
| (i) Any death of an individual occurring within 14 | 5 |
| calendar days after discharge or transfer of the | 6 |
| individual from a residential program or facility. | 7 |
| (ii) Any death of an individual occurring within 24 | 8 |
| hours after deflection from a residential program or | 9 |
| facility. | 10 |
| (iii) Any other death of an individual occurring at | 11 |
| an agency or facility or at any Department-funded site. | 12 |
| (3) Retaliation. It is a violation of this Act for any | 13 |
| employee or administrator of an agency or facility to take | 14 |
| retaliatory action against an employee who acts in good | 15 |
| faith in conformance with his or her duties as a required | 16 |
| reporter. | 17 |
| (l) Reporting criminal acts. Within 24 hours after | 18 |
| determining that there is credible evidence indicating that a | 19 |
| criminal act may have been committed or that special expertise | 20 |
| may be required in an investigation, the Inspector General | 21 |
| shall notify the Department of State Police or other | 22 |
| appropriate law enforcement authority, or ensure that such | 23 |
| notification is made. The Department of State Police shall | 24 |
| investigate any report from a State-operated facility | 25 |
| indicating a possible murder, sexual assault, or other felony | 26 |
| by an employee. All investigations conducted by the Inspector |
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| General shall be conducted in a manner designed to ensure the | 2 |
| preservation of evidence for possible use in a criminal | 3 |
| prosecution. | 4 |
| (m) Investigative reports. Upon completion of an | 5 |
| investigation, the Office of Inspector General shall issue an | 6 |
| investigative report identifying whether the allegations are | 7 |
| substantiated, unsubstantiated, or unfounded. Within 10 | 8 |
| business days after the transmittal of a completed | 9 |
| investigative report substantiating an allegation, or if a | 10 |
| recommendation is made, the Inspector General shall provide the | 11 |
| investigative report on the case to the Secretary and to the | 12 |
| director of the facility or agency where any one or more of the | 13 |
| following occurred: mental abuse, physical abuse, sexual | 14 |
| abuse, neglect, egregious neglect, or financial exploitation. | 15 |
| In a substantiated case, the investigative report shall include | 16 |
| any mitigating or aggravating circumstances that were | 17 |
| identified during the investigation. If the case involves | 18 |
| substantiated neglect, the investigative report shall also | 19 |
| state whether egregious neglect was found. An investigative | 20 |
| report may also set forth recommendations. All investigative | 21 |
| reports prepared by the Office of the Inspector General shall | 22 |
| be considered confidential and shall not be released except as | 23 |
| provided by the law of this State or as required under | 24 |
| applicable federal law. Unsubstantiated and unfounded reports | 25 |
| shall not be disclosed except as allowed under Section 6 of the | 26 |
| Abused and Neglected Long Term Care Facility Residents |
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| Reporting Act. Raw data used to compile the investigative | 2 |
| report shall not be subject to release unless required by law | 3 |
| or a court order. "Raw data used to compile the investigative | 4 |
| report" includes, but is not limited to, any one or more of the | 5 |
| following: the initial complaint, witness statements, | 6 |
| photographs, investigator's notes, police reports, or incident | 7 |
| reports. If the allegations are substantiated, the accused | 8 |
| shall be provided with a redacted copy of the investigative | 9 |
| report. Death reports where there was no allegation of abuse or | 10 |
| neglect shall only be released pursuant to applicable State or | 11 |
| federal law or a valid court order. | 12 |
| (n) Written responses and reconsideration requests. | 13 |
| (1) Written responses. Within 30 calendar days from | 14 |
| receipt of a substantiated investigative report or an | 15 |
| investigative report which contains recommendations, | 16 |
| absent a reconsideration request, the facility or agency | 17 |
| shall file a written response that addresses, in a concise | 18 |
| and reasoned manner, the actions taken to: (i) protect the | 19 |
| individual; (ii) prevent recurrences; and (iii) eliminate | 20 |
| the problems identified. The response shall include the | 21 |
| implementation and completion dates of such actions. If the | 22 |
| written response is not filed within the allotted 30 | 23 |
| calendar day period, the Secretary shall determine the | 24 |
| appropriate corrective action to be taken. | 25 |
| (2) Reconsideration requests. The facility, agency, | 26 |
| victim or guardian, or the subject employee may request |
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| that the Office of Inspector General reconsider or clarify | 2 |
| its finding based upon additional information. | 3 |
| (o) Disclosure of the finding by the Inspector General. The | 4 |
| Inspector General shall disclose the finding of an | 5 |
| investigation to the following persons: (i) the Governor, (ii) | 6 |
| the Secretary, (iii) the director of the facility or agency, | 7 |
| (iv) the alleged victims and their guardians, (v) the | 8 |
| complainant, and (vi) the accused. This information shall | 9 |
| include whether the allegations were deemed substantiated, | 10 |
| unsubstantiated, or unfounded. | 11 |
| (p) Secretary review. Upon review of the Inspector | 12 |
| General's investigative report and any agency's or facility's | 13 |
| written response, the Secretary shall accept or reject the | 14 |
| written response and notify the Inspector General of that | 15 |
| determination. The Secretary may further direct that other | 16 |
| administrative action be taken, including, but not limited to, | 17 |
| any one or more of the following: (i) additional site visits, | 18 |
| (ii) training, (iii) provision of technical assistance | 19 |
| relative to administrative needs, licensure or certification, | 20 |
| or (iv) the imposition of appropriate sanctions. | 21 |
| (q) Action by facility or agency. Within 30 days of the | 22 |
| date the Secretary approves the written response or directs | 23 |
| that further administrative action be taken, the facility or | 24 |
| agency shall provide an implementation report to the Inspector | 25 |
| General that provides the status of the action taken. The | 26 |
| facility or agency shall be allowed an additional 30 days to |
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| send notice of completion of the action or to send an updated | 2 |
| implementation report. If the action has not been completed | 3 |
| within the additional 30 day period, the facility or agency | 4 |
| shall send updated implementation reports every 60 days until | 5 |
| completion. The Inspector General shall conduct a review of any | 6 |
| implementation plan that takes more than 120 days after | 7 |
| approval to complete, and shall monitor compliance through a | 8 |
| random review of approved written responses, which may include, | 9 |
| but are not limited to: (i) site visits, (ii) telephone | 10 |
| contact, and (iii) requests for additional documentation | 11 |
| evidencing compliance. | 12 |
| (r) Sanctions. Sanctions, if imposed by the Secretary under | 13 |
| Subdivision (p)(iv) of this Section, shall be designed to | 14 |
| prevent further acts of mental abuse, physical abuse, sexual | 15 |
| abuse, neglect, egregious neglect, or financial exploitation | 16 |
| or some combination of one or more of those acts at a facility | 17 |
| or agency, and may include any one or more of the following: | 18 |
| (1) Appointment of on-site monitors. | 19 |
| (2) Transfer or relocation of an individual or | 20 |
| individuals. | 21 |
| (3) Closure of units. | 22 |
| (4) Termination of any one or more of the following: | 23 |
| (i) Department licensing, (ii) funding, or (iii) | 24 |
| certification. | 25 |
| The Inspector General may seek the assistance of the | 26 |
| Illinois Attorney General or the office of any State's Attorney |
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| in implementing sanctions. | 2 |
| (s) Health care worker registry. | 3 |
| (1) Reporting to the registry. The Inspector General | 4 |
| shall report to the Department of Public Health's health | 5 |
| care worker registry, a public registry, the identity and | 6 |
| finding of each employee of a facility or agency against | 7 |
| whom there is a final investigative report containing a | 8 |
| substantiated allegation of physical or sexual abuse or | 9 |
| egregious neglect of an individual. | 10 |
| (2) Notice to employee. Prior to reporting the name of | 11 |
| an employee, the employee shall be notified of the | 12 |
| Department's obligation to report and shall be granted an | 13 |
| opportunity to request an administrative hearing, the sole | 14 |
| purpose of which is to determine if the substantiated | 15 |
| finding warrants reporting to the registry. Notice to the | 16 |
| employee shall contain a clear and concise statement of the | 17 |
| grounds on which the report to the registry is based, offer | 18 |
| the employee an opportunity for a hearing, and identify the | 19 |
| process for requesting such a hearing. Notice is sufficient | 20 |
| if provided by certified mail to the employee's last known | 21 |
| address. If the employee fails to request a hearing within | 22 |
| 30 days from the date of the notice, the Inspector General | 23 |
| shall report the name of the employee to the registry. | 24 |
| Nothing in this subdivision (s)(2) shall diminish or impair | 25 |
| the rights of a person who is a member of a collective | 26 |
| bargaining unit under the Illinois Public Labor Relations |
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| Act or under any other federal labor statute. | 2 |
| (3) Registry hearings. If the employee requests an | 3 |
| administrative hearing, the employee shall be granted an | 4 |
| opportunity to appear before an administrative law judge to | 5 |
| present reasons why the employee's name should not be | 6 |
| reported to the registry. The Department shall bear the | 7 |
| burden of presenting evidence that establishes, by a | 8 |
| preponderance of the evidence, that the substantiated | 9 |
| finding warrants reporting to the registry. After | 10 |
| considering all the evidence presented, the administrative | 11 |
| law judge shall make a recommendation to the Secretary as | 12 |
| to whether the substantiated finding warrants reporting | 13 |
| the name of the employee to the registry. The Secretary | 14 |
| shall render the final decision. The Department and the | 15 |
| employee shall have the right to request that the | 16 |
| administrative law judge consider a stipulated disposition | 17 |
| of these proceedings. | 18 |
| (4) Testimony at registry hearings. A person who makes | 19 |
| a report or who investigates a report under this Act shall | 20 |
| testify fully in any judicial proceeding resulting from | 21 |
| such a report, as to any evidence of abuse or neglect, or | 22 |
| the cause thereof. No evidence shall be excluded by reason | 23 |
| of any common law or statutory privilege relating to | 24 |
| communications between the alleged perpetrator of abuse or | 25 |
| neglect, or the individual alleged as the victim in the | 26 |
| report, and the person making or investigating the report. |
|
|
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| Testimony at hearings is exempt from the confidentiality | 2 |
| requirements of subsection (f) of Section 10 of the Mental | 3 |
| Health and Developmental Disabilities Confidentiality Act. | 4 |
| (5) Employee's rights to collateral action. No | 5 |
| reporting to the registry shall occur and no hearing shall | 6 |
| be set or proceed if an employee notifies the Inspector | 7 |
| General in writing, including any supporting | 8 |
| documentation, that he or she is formally contesting an | 9 |
| adverse employment action resulting from a substantiated | 10 |
| finding by complaint filed with the Illinois Civil Service | 11 |
| Commission, or which otherwise seeks to enforce the | 12 |
| employee's rights pursuant to any applicable collective | 13 |
| bargaining agreement. If an action taken by an employer | 14 |
| against an employee as a result of a finding of physical | 15 |
| abuse, sexual abuse, or egregious neglect is overturned | 16 |
| through an action filed with the Illinois Civil Service | 17 |
| Commission or under any applicable collective bargaining | 18 |
| agreement and if that employee's name has already been sent | 19 |
| to the registry, the employee's name shall be removed from | 20 |
| the registry. | 21 |
| (6) Removal from registry. At any time after the report | 22 |
| to the registry, but no more than once in any 12-month | 23 |
| period, an employee may petition the Department in writing | 24 |
| to remove his or her name from the registry. Upon receiving | 25 |
| notice of such request, the Inspector General shall conduct | 26 |
| an investigation into the petition. Upon receipt of such |
|
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| 1 |
| request, an administrative hearing will be set by the | 2 |
| Department. At the hearing, the employee shall bear the | 3 |
| burden of presenting evidence that establishes, by a | 4 |
| preponderance of the evidence, that removal of the name | 5 |
| from the registry is in the public interest. The parties | 6 |
| may jointly request that the administrative law judge | 7 |
| consider a stipulated disposition of these proceedings. | 8 |
| (t) Review of Administrative Decisions. The Department | 9 |
| shall preserve a record of all proceedings at any formal | 10 |
| hearing conducted by the Department involving health care | 11 |
| worker registry hearings. Final administrative decisions of | 12 |
| the Department are subject to judicial review pursuant to | 13 |
| provisions of the Administrative Review Law. | 14 |
| (u) Quality Care Board. There is created, within the Office | 15 |
| of the Inspector General, a Quality Care Board to be composed | 16 |
| of 7 members appointed by the Governor with the advice and | 17 |
| consent of the Senate. One of the members shall be designated | 18 |
| as chairman by the Governor. Of the initial appointments made | 19 |
| by the Governor, 4 Board members shall each be appointed for a | 20 |
| term of 4 years and 3 members shall each be appointed for a | 21 |
| term of 2 years. Upon the expiration of each member's term, a | 22 |
| successor shall be appointed for a term of 4 years. In the case | 23 |
| of a vacancy in the office of any member, the Governor shall | 24 |
| appoint a successor for the remainder of the unexpired term. | 25 |
| Members appointed by the Governor shall be qualified by | 26 |
| professional knowledge or experience in the area of law, |
|
|
|
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| 1 |
| investigatory techniques, or in the area of care of the | 2 |
| mentally ill or developmentally disabled. Two members | 3 |
| appointed by the Governor shall be persons with a disability or | 4 |
| a parent of a person with a disability. Members shall serve | 5 |
| without compensation, but shall be reimbursed for expenses | 6 |
| incurred in connection with the performance of their duties as | 7 |
| members. | 8 |
| The Board shall meet quarterly, and may hold other meetings | 9 |
| on the call of the chairman. Four members shall constitute a | 10 |
| quorum allowing the Board to conduct its business. The Board | 11 |
| may adopt rules and regulations it deems necessary to govern | 12 |
| its own procedures. | 13 |
| The Board shall monitor and oversee the operations, | 14 |
| policies, and procedures of the Inspector General to ensure the | 15 |
| prompt and thorough investigation of allegations of neglect and | 16 |
| abuse. In fulfilling these responsibilities, the Board may do | 17 |
| the following: | 18 |
| (1) Provide independent, expert consultation to the | 19 |
| Inspector General on policies and protocols for | 20 |
| investigations of alleged abuse, neglect, or both abuse and | 21 |
| neglect. | 22 |
| (2) Review existing regulations relating to the | 23 |
| operation of facilities. | 24 |
| (3) Advise the Inspector General as to the content of | 25 |
| training activities authorized under this Section. | 26 |
| (4) Recommend policies concerning methods for |
|
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|
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| 1 |
| improving the intergovernmental relationships between the | 2 |
| Office of the Inspector General and other State or federal | 3 |
| offices. | 4 |
| (v) Annual report. The Inspector General shall provide to | 5 |
| the General Assembly and the Governor, no later than January 1 | 6 |
| of each year, a summary of reports and investigations made | 7 |
| under this Act for the prior fiscal year with respect to | 8 |
| individuals receiving mental health or developmental | 9 |
| disabilities services. The report shall detail the imposition | 10 |
| of sanctions, if any, and the final disposition of any | 11 |
| corrective or administrative action directed by the Secretary. | 12 |
| The summaries shall not contain any confidential or identifying | 13 |
| information of any individual, but shall include objective data | 14 |
| identifying any trends in the number of reported allegations, | 15 |
| the timeliness of the Office of the Inspector General's | 16 |
| investigations, and their disposition, for each facility and | 17 |
| Department-wide, for the most recent 3-year time period. The | 18 |
| report shall also identify, by facility, the staff-to-patient | 19 |
| ratios taking account of direct care staff only. The report | 20 |
| shall also include detailed recommended administrative actions | 21 |
| and matters for consideration by the General Assembly. | 22 |
| (w) Program audit. The Auditor General shall conduct a | 23 |
| program audit of the Office of the Inspector General on an | 24 |
| as-needed basis, as determined by the Auditor General. The | 25 |
| audit shall specifically include the Inspector General's | 26 |
| compliance with the Act and effectiveness in investigating |
|
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|
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| 1 |
| reports of allegations occurring in any facility or agency. The | 2 |
| Auditor General shall conduct the program audit according to | 3 |
| the provisions of the Illinois State Auditing Act and shall | 4 |
| report its findings to the General Assembly no later than | 5 |
| January 1 following the audit period.
| 6 |
| (x) Nothing in this Section shall be construed to mean that | 7 |
| a patient is a victim of abuse or neglect because of health | 8 |
| care services appropriately provided or not provided by health | 9 |
| care professionals. | 10 |
| (y) Nothing in this Section shall require a facility, | 11 |
| including its employees, agents, medical staff members, and | 12 |
| health care professionals, to provide a service to a patient in | 13 |
| contravention of that patient's stated or implied objection to | 14 |
| the provision of that service on the ground that that service | 15 |
| conflicts with the patient's religious beliefs or practices, | 16 |
| nor shall the failure to provide a service to a patient be | 17 |
| considered abuse under this Section if the patient has objected | 18 |
| to the provision of that service based on his or her religious | 19 |
| beliefs or practices.
| 20 |
| (Source: P.A. 95-545, eff. 8-28-07; 96-407, eff. 8-13-09; | 21 |
| 96-555, eff. 8-18-09; revised 9-25-09.)
| 22 |
| (Text of Section after amendment by P.A. 96-339 ) | 23 |
| Sec. 1-17. Inspector General. | 24 |
| (a) Nature and purpose. It is the express intent of the | 25 |
| General Assembly to ensure the health, safety, and financial |
|
|
|
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| 1 |
| condition of individuals receiving services in this State due | 2 |
| to mental illness, developmental disability, or both by | 3 |
| protecting those persons from acts of abuse, neglect, or both | 4 |
| by service providers. To that end, the Office of the Inspector | 5 |
| General for the Department of Human Services is created to | 6 |
| investigate and report upon allegations of the abuse, neglect, | 7 |
| or financial exploitation of individuals receiving services | 8 |
| within mental health facilities, developmental disabilities | 9 |
| facilities, and community agencies operated, licensed, funded , | 10 |
| or certified by the Department of Human Services or , but not | 11 |
| licensed or certified by any other State agency. It is also the | 12 |
| express intent of the General Assembly to authorize the | 13 |
| Inspector General to investigate alleged or suspected cases of | 14 |
| abuse, neglect, or financial exploitation of adults with | 15 |
| disabilities living in domestic settings in the community under | 16 |
| the Abuse of Adults with Disabilities Intervention Act. | 17 |
| (b) Definitions. The following definitions apply to this | 18 |
| Section: | 19 |
| "Agency" or "community agency" means (i) a community agency | 20 |
| licensed, funded, or certified by the Department or , but not | 21 |
| licensed or certified by any other human services agency of the | 22 |
| State, to provide mental health service or developmental | 23 |
| disabilities service, or (ii) a program licensed, funded, or | 24 |
| certified by the Department or , but not licensed or certified | 25 |
| by any other human services agency of the State, to provide | 26 |
| mental health service or developmental disabilities service. |
|
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| 1 |
| "Aggravating circumstance" means a factor that is | 2 |
| attendant to a finding and that tends to compound or increase | 3 |
| the culpability of the accused. | 4 |
| "Allegation" means an assertion, complaint, suspicion, or | 5 |
| incident involving any of the following conduct by an employee, | 6 |
| facility, or agency against an individual or individuals: | 7 |
| mental abuse, physical abuse, sexual abuse, neglect, or | 8 |
| financial exploitation. | 9 |
| "Day" means working day, unless otherwise specified. | 10 |
| "Deflection" means a situation in which an individual is | 11 |
| presented for admission to a facility or agency, and the | 12 |
| facility staff or agency staff do not admit the individual. | 13 |
| "Deflection" includes triage, redirection, and denial of | 14 |
| admission. | 15 |
| "Department" means the Department of Human Services. | 16 |
| "Developmentally disabled" means having a developmental | 17 |
| disability. | 18 |
| "Developmental disability" means "developmental | 19 |
| disability" as defined in the Mental Health and Developmental | 20 |
| Disabilities Code. | 21 |
| "Egregious neglect" means a finding of neglect as | 22 |
| determined by the Inspector General that (i) represents a gross | 23 |
| failure to adequately provide for, or a callused indifference | 24 |
| to, the health, safety, or medical needs of an individual and | 25 |
| (ii) results in an individual's death or other serious | 26 |
| deterioration of an individual's physical condition or mental |
|
|
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| condition. | 2 |
| "Employee" means any person who provides services at the | 3 |
| facility or agency on-site or off-site. The service | 4 |
| relationship can be with the individual or with the facility or | 5 |
| agency. Also, "employee" includes any employee or contractual | 6 |
| agent of the Department of Human Services or the community | 7 |
| agency involved in providing or monitoring or administering | 8 |
| mental health or developmental disability services. This | 9 |
| includes but is not limited to: owners, operators, payroll | 10 |
| personnel, contractors, subcontractors, and volunteers. | 11 |
| "Facility" or "State-operated facility" means a mental | 12 |
| health facility or developmental disabilities facility | 13 |
| operated by the Department or certified or licensed by any | 14 |
| other State agency . | 15 |
| "Financial exploitation" means taking unjust advantage of | 16 |
| an individual's assets, property, or financial resources | 17 |
| through deception, intimidation, or conversion for the | 18 |
| employee's, facility's, or agency's own advantage or benefit. | 19 |
| "Finding" means the Office of Inspector General's | 20 |
| determination regarding whether an allegation is | 21 |
| substantiated, unsubstantiated, or unfounded. | 22 |
| "Health care worker registry" or "registry" means the | 23 |
| health care worker registry created by the Nursing Home Care | 24 |
| Act. | 25 |
| "Individual" means any person receiving mental health | 26 |
| service, developmental disabilities service, or both from a |
|
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| facility or agency, while either on-site or off-site. | 2 |
| "Mental abuse" means the use of demeaning, intimidating, or | 3 |
| threatening words, signs, gestures, or other actions by an | 4 |
| employee about an individual and in the presence of an | 5 |
| individual or individuals that results in emotional distress or | 6 |
| maladaptive behavior, or could have resulted in emotional | 7 |
| distress or maladaptive behavior, for any individual present. | 8 |
| "Mental illness" means "mental illness" as defined in the | 9 |
| Mental Health and Developmental Disabilities Code. | 10 |
| "Mentally ill" means having a mental illness. | 11 |
| "Mitigating circumstance" means a condition that (i) is | 12 |
| attendant to a finding, (ii) does not excuse or justify the | 13 |
| conduct in question, but (iii) may be considered in evaluating | 14 |
| the severity of the conduct, the culpability of the accused, or | 15 |
| both the severity of the conduct and the culpability of the | 16 |
| accused. | 17 |
| "Neglect" means an employee's, agency's, or facility's | 18 |
| failure to provide adequate medical care, personal care, or | 19 |
| maintenance and that, as a consequence, (i) causes an | 20 |
| individual pain, injury, or emotional distress, (ii) results in | 21 |
| either an individual's maladaptive behavior or the | 22 |
| deterioration of an individual's physical condition or mental | 23 |
| condition, or (iii) places the individual's health or safety at | 24 |
| substantial risk. | 25 |
| "Physical abuse" means an employee's non-accidental and | 26 |
| inappropriate contact with an individual that causes bodily |
|
|
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| 1 |
| harm. "Physical abuse" includes actions that cause bodily harm | 2 |
| as a result of an employee directing an individual or person to | 3 |
| physically abuse another individual. | 4 |
| "Recommendation" means an admonition, separate from a | 5 |
| finding, that requires action by the facility, agency, or | 6 |
| Department to correct a systemic issue, problem, or deficiency | 7 |
| identified during an investigation. | 8 |
| "Required reporter" means any employee who suspects, | 9 |
| witnesses, or is informed of an allegation of any one or more | 10 |
| of the following: mental abuse, physical abuse, sexual abuse, | 11 |
| neglect, or financial exploitation. | 12 |
| "Secretary" means the Chief Administrative Officer of the | 13 |
| Department. | 14 |
| "Sexual abuse" means any sexual contact or intimate | 15 |
| physical contact between an employee and an individual, | 16 |
| including an employee's coercion or encouragement of an | 17 |
| individual to engage in sexual behavior that results in sexual | 18 |
| contact, intimate physical contact, sexual behavior, or | 19 |
| intimate physical behavior. | 20 |
| "Substantiated" means there is a preponderance of the | 21 |
| evidence to support the allegation. | 22 |
| "Unfounded" means there is no credible evidence to support | 23 |
| the allegation. | 24 |
| "Unsubstantiated" means there is credible evidence, but | 25 |
| less than a preponderance of evidence to support the | 26 |
| allegation. |
|
|
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| (c) Appointment. The Governor shall appoint, and the Senate | 2 |
| shall confirm, an Inspector General. The Inspector General | 3 |
| shall be appointed for a term of 4 years and shall function | 4 |
| within the Department of Human Services and report to the | 5 |
| Secretary and the Governor. | 6 |
| (d) Operation and appropriation. The Inspector General | 7 |
| shall function independently within the Department with | 8 |
| respect to the operations of the Office, including the | 9 |
| performance of investigations and issuance of findings and | 10 |
| recommendations. The appropriation for the Office of Inspector | 11 |
| General shall be separate from the overall appropriation for | 12 |
| the Department. | 13 |
| (e) Powers and duties. The Inspector General shall | 14 |
| investigate reports of suspected mental abuse, physical abuse, | 15 |
| sexual abuse, neglect, or financial exploitation of | 16 |
| individuals in any mental health or developmental disabilities | 17 |
| facility or agency and shall have authority to take immediate | 18 |
| action to prevent any one or more of the following from | 19 |
| happening to individuals under its jurisdiction: mental abuse, | 20 |
| physical abuse, sexual abuse, neglect, or financial | 21 |
| exploitation. Investigations shall be commenced no later than | 22 |
| 24 hours after the report is received by the Inspector General. | 23 |
| Upon written request of an agency of this State, the Inspector | 24 |
| General may assist another agency of the State in investigating | 25 |
| reports of the abuse, neglect, or abuse and neglect of persons | 26 |
| with mental illness, persons with developmental disabilities, |
|
|
|
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| 1 |
| or persons with both. To comply with the requirements of | 2 |
| subsection (k) of this Section, the Inspector General shall | 3 |
| also review all reportable deaths for which there is no | 4 |
| allegation of abuse or neglect. Nothing in this Section shall | 5 |
| preempt any duties of the Medical Review Board set forth in the | 6 |
| Mental Health and Developmental Disabilities Code. The | 7 |
| Inspector General shall have no authority to investigate | 8 |
| alleged violations of the State Officials and Employees Ethics | 9 |
| Act. Allegations of misconduct under the State Officials and | 10 |
| Employees Ethics Act shall be referred to the Office of the | 11 |
| Governor's Executive Inspector General for investigation. | 12 |
| (f) Limitations. The Inspector General shall not conduct an | 13 |
| investigation within an agency or facility if that | 14 |
| investigation would be redundant to or interfere with an | 15 |
| investigation conducted by another State agency. The Inspector | 16 |
| General shall have no supervision over, or involvement in, the | 17 |
| routine programmatic, licensing, funding, or certification | 18 |
| operations of the Department. Nothing in this subsection limits | 19 |
| investigations by the Department that may otherwise be required | 20 |
| by law or that may be necessary in the Department's capacity as | 21 |
| central administrative authority responsible for the operation | 22 |
| of the State's mental health and developmental disabilities | 23 |
| facilities. | 24 |
| (g) Rulemaking authority. The Inspector General shall | 25 |
| promulgate rules establishing minimum requirements for | 26 |
| reporting allegations as well as for initiating, conducting, |
|
|
|
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| 1 |
| and completing investigations based upon the nature of the | 2 |
| allegation or allegations. The rules shall clearly establish | 3 |
| that if 2 or more State agencies could investigate an | 4 |
| allegation, the Inspector General shall not conduct an | 5 |
| investigation that would be redundant to, or interfere with, an | 6 |
| investigation conducted by another State agency . The rules | 7 |
| shall further clarify the method and circumstances under which | 8 |
| the Office of Inspector General may interact with the | 9 |
| licensing, funding, or certification units of the Department in | 10 |
| preventing further occurrences of mental abuse, physical | 11 |
| abuse, sexual abuse, neglect, egregious neglect, and financial | 12 |
| exploitation. | 13 |
| (h) Training programs. The Inspector General shall (i) | 14 |
| establish a comprehensive program to ensure that every person | 15 |
| authorized to conduct investigations receives ongoing training | 16 |
| relative to investigation techniques, communication skills, | 17 |
| and the appropriate means of interacting with persons receiving | 18 |
| treatment for mental illness, developmental disability, or | 19 |
| both mental illness and developmental disability, and (ii) | 20 |
| establish and conduct periodic training programs for facility | 21 |
| and agency employees concerning the prevention and reporting of | 22 |
| any one or more of the following: mental abuse, physical abuse, | 23 |
| sexual abuse, neglect, egregious neglect, or financial | 24 |
| exploitation. Nothing in this Section shall be deemed to | 25 |
| prevent the Office of Inspector General from conducting any | 26 |
| other training as determined by the Inspector General to be |
|
|
|
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|
| 1 |
| necessary or helpful. | 2 |
| (i) Duty to cooperate. | 3 |
| (1) The Inspector General shall at all times be granted | 4 |
| access to any facility or agency for the purpose of | 5 |
| investigating any allegation, conducting unannounced site | 6 |
| visits, monitoring compliance with a written response, or | 7 |
| completing any other statutorily assigned duty. The | 8 |
| Inspector General shall conduct unannounced site visits to | 9 |
| each facility at least annually for the purpose of | 10 |
| reviewing and making recommendations on systemic issues | 11 |
| relative to preventing, reporting, investigating, and | 12 |
| responding to all of the following: mental abuse, physical | 13 |
| abuse, sexual abuse, neglect, egregious neglect, or | 14 |
| financial exploitation. | 15 |
| (2) Any employee who fails to cooperate with an Office | 16 |
| of the Inspector General investigation is in violation of | 17 |
| this Act. Failure to cooperate with an investigation | 18 |
| includes, but is not limited to, any one or more of the | 19 |
| following: (i) creating and transmitting a false report to | 20 |
| the Office of the Inspector General hotline, (ii) providing | 21 |
| false information to an Office of the Inspector General | 22 |
| Investigator during an investigation, (iii) colluding with | 23 |
| other employees to cover up evidence, (iv) colluding with | 24 |
| other employees to provide false information to an Office | 25 |
| of the Inspector General investigator, (v) destroying | 26 |
| evidence, (vi) withholding evidence, or (vii) otherwise |
|
|
|
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| 1 |
| obstructing an Office of the Inspector General | 2 |
| investigation. Additionally, any employee who, during an | 3 |
| unannounced site visit or written response compliance | 4 |
| check, fails to cooperate with requests from the Office of | 5 |
| the Inspector General is in violation of this Act. | 6 |
| (j) Subpoena powers. The Inspector General shall have the | 7 |
| power to subpoena witnesses and compel the production of all | 8 |
| documents and physical evidence relating to his or her | 9 |
| investigations and any hearings authorized by this Act. This | 10 |
| subpoena power shall not extend to persons or documents of a | 11 |
| labor organization or its representatives insofar as the | 12 |
| persons are acting in a representative capacity to an employee | 13 |
| whose conduct is the subject of an investigation or the | 14 |
| documents relate to that representation. Any person who | 15 |
| otherwise fails to respond to a subpoena or who knowingly | 16 |
| provides false information to the Office of the Inspector | 17 |
| General by subpoena during an investigation is guilty of a | 18 |
| Class A misdemeanor. | 19 |
| (k) Reporting allegations and deaths. | 20 |
| (1) Allegations. If an employee witnesses, is told of, | 21 |
| or has reason to believe an incident of mental abuse, | 22 |
| physical abuse, sexual abuse, neglect, or financial | 23 |
| exploitation has occurred, the employee, agency, or | 24 |
| facility shall report the allegation by phone to the Office | 25 |
| of the Inspector General hotline according to the agency's | 26 |
| or facility's procedures, but in no event later than 4 |
|
|
|
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| 1 |
| hours after the initial discovery of the incident, | 2 |
| allegation, or suspicion of any one or more of the | 3 |
| following: mental abuse, physical abuse, sexual abuse, | 4 |
| neglect, or financial exploitation. A required reporter as | 5 |
| defined in subsection (b) of this Section who knowingly or | 6 |
| intentionally fails to comply with these reporting | 7 |
| requirements is guilty of a Class A misdemeanor. | 8 |
| (2) Deaths. Absent an allegation, a required reporter | 9 |
| shall, within 24 hours after initial discovery, report by | 10 |
| phone to the Office of the Inspector General hotline each | 11 |
| of the following: | 12 |
| (i) Any death of an individual occurring within 14 | 13 |
| calendar days after discharge or transfer of the | 14 |
| individual from a residential program or facility. | 15 |
| (ii) Any death of an individual occurring within 24 | 16 |
| hours after deflection from a residential program or | 17 |
| facility. | 18 |
| (iii) Any other death of an individual occurring at | 19 |
| an agency or facility or at any Department-funded site. | 20 |
| (3) Retaliation. It is a violation of this Act for any | 21 |
| employee or administrator of an agency or facility to take | 22 |
| retaliatory action against an employee who acts in good | 23 |
| faith in conformance with his or her duties as a required | 24 |
| reporter. | 25 |
| (l) Reporting criminal acts. Within 24 hours after | 26 |
| determining that there is credible evidence indicating that a |
|
|
|
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| 1 |
| criminal act may have been committed or that special expertise | 2 |
| may be required in an investigation, the Inspector General | 3 |
| shall notify the Department of State Police or other | 4 |
| appropriate law enforcement authority, or ensure that such | 5 |
| notification is made. The Department of State Police shall | 6 |
| investigate any report from a State-operated facility | 7 |
| indicating a possible murder, sexual assault, or other felony | 8 |
| by an employee. All investigations conducted by the Inspector | 9 |
| General shall be conducted in a manner designed to ensure the | 10 |
| preservation of evidence for possible use in a criminal | 11 |
| prosecution. | 12 |
| (m) Investigative reports. Upon completion of an | 13 |
| investigation, the Office of Inspector General shall issue an | 14 |
| investigative report identifying whether the allegations are | 15 |
| substantiated, unsubstantiated, or unfounded. Within 10 | 16 |
| business days after the transmittal of a completed | 17 |
| investigative report substantiating an allegation, or if a | 18 |
| recommendation is made, the Inspector General shall provide the | 19 |
| investigative report on the case to the Secretary and to the | 20 |
| director of the facility or agency where any one or more of the | 21 |
| following occurred: mental abuse, physical abuse, sexual | 22 |
| abuse, neglect, egregious neglect, or financial exploitation. | 23 |
| In a substantiated case, the investigative report shall include | 24 |
| any mitigating or aggravating circumstances that were | 25 |
| identified during the investigation. If the case involves | 26 |
| substantiated neglect, the investigative report shall also |
|
|
|
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| 1 |
| state whether egregious neglect was found. An investigative | 2 |
| report may also set forth recommendations. All investigative | 3 |
| reports prepared by the Office of the Inspector General shall | 4 |
| be considered confidential and shall not be released except as | 5 |
| provided by the law of this State or as required under | 6 |
| applicable federal law. Unsubstantiated and unfounded reports | 7 |
| shall not be disclosed except as allowed under Section 6 of the | 8 |
| Abused and Neglected Long Term Care Facility Residents | 9 |
| Reporting Act. Raw data used to compile the investigative | 10 |
| report shall not be subject to release unless required by law | 11 |
| or a court order. "Raw data used to compile the investigative | 12 |
| report" includes, but is not limited to, any one or more of the | 13 |
| following: the initial complaint, witness statements, | 14 |
| photographs, investigator's notes, police reports, or incident | 15 |
| reports. If the allegations are substantiated, the accused | 16 |
| shall be provided with a redacted copy of the investigative | 17 |
| report. Death reports where there was no allegation of abuse or | 18 |
| neglect shall only be released pursuant to applicable State or | 19 |
| federal law or a valid court order. | 20 |
| (n) Written responses and reconsideration requests. | 21 |
| (1) Written responses. Within 30 calendar days from | 22 |
| receipt of a substantiated investigative report or an | 23 |
| investigative report which contains recommendations, | 24 |
| absent a reconsideration request, the facility or agency | 25 |
| shall file a written response that addresses, in a concise | 26 |
| and reasoned manner, the actions taken to: (i) protect the |
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| individual; (ii) prevent recurrences; and (iii) eliminate | 2 |
| the problems identified. The response shall include the | 3 |
| implementation and completion dates of such actions. If the | 4 |
| written response is not filed within the allotted 30 | 5 |
| calendar day period, the Secretary shall determine the | 6 |
| appropriate corrective action to be taken. | 7 |
| (2) Reconsideration requests. The facility, agency, | 8 |
| victim or guardian, or the subject employee may request | 9 |
| that the Office of Inspector General reconsider or clarify | 10 |
| its finding based upon additional information. | 11 |
| (o) Disclosure of the finding by the Inspector General. The | 12 |
| Inspector General shall disclose the finding of an | 13 |
| investigation to the following persons and entities : (i) the | 14 |
| Governor, (ii) the Secretary, (iii) the director of the | 15 |
| facility or agency, (iv) the licensing entity of the facility, | 16 |
| if any, (v) the alleged victims and their guardians, (vi) the | 17 |
| complainant, and (vii) the accused (iv) the alleged victims and | 18 |
| their guardians, (v) the complainant, and (vi) the accused . | 19 |
| This information shall include whether the allegations were | 20 |
| deemed substantiated, unsubstantiated, or unfounded. | 21 |
| (p) Secretary review. Upon review of the Inspector | 22 |
| General's investigative report and any agency's or facility's | 23 |
| written response, the Secretary shall accept or reject the | 24 |
| written response and notify the Inspector General of that | 25 |
| determination. The Secretary may further direct that other | 26 |
| administrative action be taken, including, but not limited to, |
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| any one or more of the following: (i) additional site visits, | 2 |
| (ii) training, (iii) provision of technical assistance | 3 |
| relative to administrative needs, licensure or certification, | 4 |
| or (iv) the imposition of appropriate sanctions. | 5 |
| (q) Action by facility or agency. Within 30 days of the | 6 |
| date the Secretary approves the written response or directs | 7 |
| that further administrative action be taken, the facility or | 8 |
| agency shall provide an implementation report to the Inspector | 9 |
| General and the licensing entity of the facility, if any, that | 10 |
| provides the status of the action taken. The facility or agency | 11 |
| shall be allowed an additional 30 days to send notice of | 12 |
| completion of the action or to send an updated implementation | 13 |
| report. If the action has not been completed within the | 14 |
| additional 30 day period, the facility or agency shall send | 15 |
| updated implementation reports every 60 days until completion. | 16 |
| The Inspector General shall conduct a review of any | 17 |
| implementation plan that takes more than 120 days after | 18 |
| approval to complete, and shall monitor compliance through a | 19 |
| random review of approved written responses, which may include, | 20 |
| but are not limited to: (i) site visits, (ii) telephone | 21 |
| contact, and (iii) requests for additional documentation | 22 |
| evidencing compliance. | 23 |
| (r) Sanctions. Sanctions, if imposed by the Secretary under | 24 |
| Subdivision (p)(iv) of this Section, shall be designed to | 25 |
| prevent further acts of mental abuse, physical abuse, sexual | 26 |
| abuse, neglect, egregious neglect, or financial exploitation |
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| or some combination of one or more of those acts at a facility | 2 |
| or agency, and may include any one or more of the following: | 3 |
| (1) Appointment of on-site monitors. | 4 |
| (2) Transfer or relocation of an individual or | 5 |
| individuals. | 6 |
| (3) Closure of units. | 7 |
| (4) Termination of any one or more of the following: | 8 |
| (i) Department licensing, (ii) funding, or (iii) | 9 |
| certification , or (iv) licensing enforcement by the | 10 |
| licensing entity of the facility, if any, up to and | 11 |
| including revocation of licensure or an administrative | 12 |
| order of closure, or both . | 13 |
| The Inspector General may seek the assistance of the | 14 |
| Illinois Attorney General or the office of any State's Attorney | 15 |
| in implementing sanctions. | 16 |
| (s) Health care worker registry. | 17 |
| (1) Reporting to the registry. The Inspector General | 18 |
| shall report to the Department of Public Health's health | 19 |
| care worker registry, a public registry, MR/DD Community | 20 |
| Care Act the identity and finding of each employee of a | 21 |
| facility or agency against whom there is a final | 22 |
| investigative report containing a substantiated allegation | 23 |
| of physical or sexual abuse or egregious neglect of an | 24 |
| individual. MR/DD Community Care Act | 25 |
| (2) Notice to employee. Prior to reporting the name of | 26 |
| an employee, the employee shall be notified of the |
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| Department's obligation to report and shall be granted an | 2 |
| opportunity to request an administrative hearing, the sole | 3 |
| purpose of which is to determine if the substantiated | 4 |
| finding warrants reporting to the registry. Notice to the | 5 |
| employee shall contain a clear and concise statement of the | 6 |
| grounds on which the report to the registry is based, offer | 7 |
| the employee an opportunity for a hearing, and identify the | 8 |
| process for requesting such a hearing. Notice is sufficient | 9 |
| if provided by certified mail to the employee's last known | 10 |
| address. If the employee fails to request a hearing within | 11 |
| 30 days from the date of the notice, the Inspector General | 12 |
| shall report the name of the employee to the registry. | 13 |
| Nothing in this subdivision (s)(2) shall diminish or impair | 14 |
| the rights of a person who is a member of a collective | 15 |
| bargaining unit under the Illinois Public Labor Relations | 16 |
| Act or under any other federal labor statute. | 17 |
| (3) Registry hearings. If the employee requests an | 18 |
| administrative hearing, the employee shall be granted an | 19 |
| opportunity to appear before an administrative law judge to | 20 |
| present reasons why the employee's name should not be | 21 |
| reported to the registry. The Department shall bear the | 22 |
| burden of presenting evidence that establishes, by a | 23 |
| preponderance of the evidence, that the substantiated | 24 |
| finding warrants reporting to the registry. After | 25 |
| considering all the evidence presented, the administrative | 26 |
| law judge shall make a recommendation to the Secretary as |
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| to whether the substantiated finding warrants reporting | 2 |
| the name of the employee to the registry. The Secretary | 3 |
| shall render the final decision. The Department and the | 4 |
| employee shall have the right to request that the | 5 |
| administrative law judge consider a stipulated disposition | 6 |
| of these proceedings. | 7 |
| (4) Testimony at registry hearings. A person who makes | 8 |
| a report or who investigates a report under this Act shall | 9 |
| testify fully in any judicial proceeding resulting from | 10 |
| such a report, as to any evidence of abuse or neglect, or | 11 |
| the cause thereof. No evidence shall be excluded by reason | 12 |
| of any common law or statutory privilege relating to | 13 |
| communications between the alleged perpetrator of abuse or | 14 |
| neglect, or the individual alleged as the victim in the | 15 |
| report, and the person making or investigating the report. | 16 |
| Testimony at hearings is exempt from the confidentiality | 17 |
| requirements of subsection (f) of Section 10 of the Mental | 18 |
| Health and Developmental Disabilities Confidentiality Act. | 19 |
| (5) Employee's rights to collateral action. No | 20 |
| reporting to the registry shall occur and no hearing shall | 21 |
| be set or proceed if an employee notifies the Inspector | 22 |
| General in writing, including any supporting | 23 |
| documentation, that he or she is formally contesting an | 24 |
| adverse employment action resulting from a substantiated | 25 |
| finding by complaint filed with the Illinois Civil Service | 26 |
| Commission, or which otherwise seeks to enforce the |
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| employee's rights pursuant to any applicable collective | 2 |
| bargaining agreement. If an action taken by an employer | 3 |
| against an employee as a result of a finding of physical | 4 |
| abuse, sexual abuse, or egregious neglect is overturned | 5 |
| through an action filed with the Illinois Civil Service | 6 |
| Commission or under any applicable collective bargaining | 7 |
| agreement and if that employee's name has already been sent | 8 |
| to the registry, the employee's name shall be removed from | 9 |
| the registry. | 10 |
| (6) Removal from registry. At any time after the report | 11 |
| to the registry, but no more than once in any 12-month | 12 |
| period, an employee may petition the Department in writing | 13 |
| to remove his or her name from the registry. Upon receiving | 14 |
| notice of such request, the Inspector General shall conduct | 15 |
| an investigation into the petition. Upon receipt of such | 16 |
| request, an administrative hearing will be set by the | 17 |
| Department. At the hearing, the employee shall bear the | 18 |
| burden of presenting evidence that establishes, by a | 19 |
| preponderance of the evidence, that removal of the name | 20 |
| from the registry is in the public interest. The parties | 21 |
| may jointly request that the administrative law judge | 22 |
| consider a stipulated disposition of these proceedings. | 23 |
| (t) Review of Administrative Decisions. The Department | 24 |
| shall preserve a record of all proceedings at any formal | 25 |
| hearing conducted by the Department involving health care | 26 |
| worker registry hearings. Final administrative decisions of |
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| the Department are subject to judicial review pursuant to | 2 |
| provisions of the Administrative Review Law. | 3 |
| (u) Quality Care Board. There is created, within the Office | 4 |
| of the Inspector General, a Quality Care Board to be composed | 5 |
| of 7 members appointed by the Governor with the advice and | 6 |
| consent of the Senate. One of the members shall be designated | 7 |
| as chairman by the Governor. Of the initial appointments made | 8 |
| by the Governor, 4 Board members shall each be appointed for a | 9 |
| term of 4 years and 3 members shall each be appointed for a | 10 |
| term of 2 years. Upon the expiration of each member's term, a | 11 |
| successor shall be appointed for a term of 4 years. In the case | 12 |
| of a vacancy in the office of any member, the Governor shall | 13 |
| appoint a successor for the remainder of the unexpired term. | 14 |
| Members appointed by the Governor shall be qualified by | 15 |
| professional knowledge or experience in the area of law, | 16 |
| investigatory techniques, or in the area of care of the | 17 |
| mentally ill or developmentally disabled. Two members | 18 |
| appointed by the Governor shall be persons with a disability or | 19 |
| a parent of a person with a disability. Members shall serve | 20 |
| without compensation, but shall be reimbursed for expenses | 21 |
| incurred in connection with the performance of their duties as | 22 |
| members. | 23 |
| The Board shall meet quarterly, and may hold other meetings | 24 |
| on the call of the chairman. Four members shall constitute a | 25 |
| quorum allowing the Board to conduct its business. The Board | 26 |
| may adopt rules and regulations it deems necessary to govern |
|
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| its own procedures. | 2 |
| The Board shall monitor and oversee the operations, | 3 |
| policies, and procedures of the Inspector General to ensure the | 4 |
| prompt and thorough investigation of allegations of neglect and | 5 |
| abuse. In fulfilling these responsibilities, the Board may do | 6 |
| the following: | 7 |
| (1) Provide independent, expert consultation to the | 8 |
| Inspector General on policies and protocols for | 9 |
| investigations of alleged abuse, neglect, or both abuse and | 10 |
| neglect. | 11 |
| (2) Review existing regulations relating to the | 12 |
| operation of facilities. | 13 |
| (3) Advise the Inspector General as to the content of | 14 |
| training activities authorized under this Section. | 15 |
| (4) Recommend policies concerning methods for | 16 |
| improving the intergovernmental relationships between the | 17 |
| Office of the Inspector General and other State or federal | 18 |
| offices. | 19 |
| (v) Annual report. The Inspector General shall provide to | 20 |
| the General Assembly and the Governor, no later than January 1 | 21 |
| of each year, a summary of reports and investigations made | 22 |
| under this Act for the prior fiscal year with respect to | 23 |
| individuals receiving mental health or developmental | 24 |
| disabilities services. The report shall detail the imposition | 25 |
| of sanctions, if any, and the final disposition of any | 26 |
| corrective or administrative action directed by the Secretary. |
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| The summaries shall not contain any confidential or identifying | 2 |
| information of any individual, but shall include objective data | 3 |
| identifying any trends in the number of reported allegations, | 4 |
| the timeliness of the Office of the Inspector General's | 5 |
| investigations, and their disposition, for each facility and | 6 |
| Department-wide, for the most recent 3-year time period. The | 7 |
| report shall also identify, by facility, the staff-to-patient | 8 |
| ratios taking account of direct care staff only. The report | 9 |
| shall also include detailed recommended administrative actions | 10 |
| and matters for consideration by the General Assembly. | 11 |
| (w) Program audit. The Auditor General shall conduct a | 12 |
| program audit of the Office of the Inspector General on an | 13 |
| as-needed basis, as determined by the Auditor General. The | 14 |
| audit shall specifically include the Inspector General's | 15 |
| compliance with the Act and effectiveness in investigating | 16 |
| reports of allegations occurring in any facility or agency. The | 17 |
| Auditor General shall conduct the program audit according to | 18 |
| the provisions of the Illinois State Auditing Act and shall | 19 |
| report its findings to the General Assembly no later than | 20 |
| January 1 following the audit period.
| 21 |
| (x) Nothing in this Section shall be construed to mean that | 22 |
| a patient is a victim of abuse or neglect because of health | 23 |
| care services appropriately provided or not provided by health | 24 |
| care professionals. | 25 |
| (y) Nothing in this Section shall require a facility, | 26 |
| including its employees, agents, medical staff members, and |
|
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| health care professionals, to provide a service to a patient in | 2 |
| contravention of that patient's stated or implied objection to | 3 |
| the provision of that service on the ground that that service | 4 |
| conflicts with the patient's religious beliefs or practices, | 5 |
| nor shall the failure to provide a service to a patient be | 6 |
| considered abuse under this Section if the patient has objected | 7 |
| to the provision of that service based on his or her religious | 8 |
| beliefs or practices.
| 9 |
| (Source: P.A. 95-545, eff. 8-28-07; 96-339, eff. 7-1-10; | 10 |
| 96-407, eff. 8-13-09; 96-555, eff. 8-18-09; revised 9-25-09.)
| 11 |
| Section 10. The Abuse of Adults with Disabilities | 12 |
| Intervention Act is amended by changing Section 35 as follows: | 13 |
| (20 ILCS 2435/35) (from Ch. 23, par. 3395-35) | 14 |
| Sec. 35. Assessment of reports. | 15 |
| (a) The Adults with Disabilities Abuse Project
shall, upon | 16 |
| receiving a report of
alleged
or suspected abuse, neglect, or | 17 |
| exploitation obtain
the consent of the subject of the report to | 18 |
| conduct an assessment with
respect to the report. The | 19 |
| assessment shall include, but not be limited
to, a face-to-face | 20 |
| interview with the adult with disabilities who is the
subject | 21 |
| of the report and may include a visit to the residence of the
| 22 |
| adult with disabilities, and interviews or consultations with | 23 |
| service
agencies or individuals
who may have knowledge of the | 24 |
| circumstances of
the adult with disabilities.
A determination |
|
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| shall be
made whether each report is substantiated. If the | 2 |
| Office of Inspector General
determines
that there is clear and | 3 |
| substantial risk of death or great bodily harm, it
shall | 4 |
| immediately
secure or provide emergency protective services | 5 |
| for purposes of preventing
further abuse,
neglect, or | 6 |
| exploitation, and for safeguarding the welfare of the person. | 7 |
| Such
services
must be provided in the least restrictive | 8 |
| environment commensurate with the
adult with
disabilities' | 9 |
| needs. | 10 |
| (a-1) The Adults with Disabilities Abuse Project shall, | 11 |
| upon receiving a report of alleged or suspected abuse, neglect, | 12 |
| or financial exploitation, initiate the investigation within | 13 |
| 24 hours of receiving the report. | 14 |
| (a-5) The Adults with Disabilities Abuse Project shall | 15 |
| initiate an
assessment
of all reports
of alleged or suspected | 16 |
| abuse or neglect within 7 days after receipt of the
report, | 17 |
| except
reports of abuse or neglect that indicate that the life | 18 |
| or safety of an adult
with disabilities
is in imminent danger | 19 |
| shall be assessed within 24 hours after receipt of the
report.
| 20 |
| Reports of exploitation shall be assessed within 30 days after | 21 |
| the receipt of
the report. | 22 |
| (b) (Blank). | 23 |
| (c) The Department shall effect written interagency | 24 |
| agreements
with other
State
departments and any other public | 25 |
| and private agencies to coordinate and
cooperate in the | 26 |
| handling of substantiated cases; to accept and manage
|
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| substantiated cases on a priority basis; and to waive | 2 |
| eligibility requirements
for the adult with disabilities in an | 3 |
| emergency. | 4 |
| (d) Every effort shall be made by the Adults with | 5 |
| Disabilities Abuse
Project
to
coordinate and cooperate with | 6 |
| public and private agencies to ensure the
provision of
services | 7 |
| necessary to eliminate further abuse, neglect, and | 8 |
| exploitation of the
adult with
disabilities who is the subject | 9 |
| of the report. | 10 |
| The Office of Inspector General shall
promulgate rules and | 11 |
| regulations to ensure the
effective implementation of the | 12 |
| Adults with Disabilities Abuse
Project statewide. | 13 |
| (e) When the Adults with Disabilities Abuse Project | 14 |
| determines that a case
is
substantiated, it shall refer the | 15 |
| case to the appropriate office within the
Department of
Human | 16 |
| Services to develop, with the consent of and in consultation | 17 |
| with the
adult with
disabilities, a service plan for the adult | 18 |
| with disabilities. | 19 |
| (f) The Adults with Disabilities Abuse Project shall refer | 20 |
| reports of
alleged or suspected
abuse, neglect, or exploitation | 21 |
| to another State agency when that agency has a
statutory
| 22 |
| obligation to investigate such reports. | 23 |
| (g) If the Adults with Disabilities Abuse Project has | 24 |
| reason to believe that
a crime has
been committed, the incident | 25 |
| shall be reported to the appropriate law
enforcement
agency. | 26 |
| (Source: P.A. 91-671, eff. 7-1-00.) |
|
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| Section 15. The Abused and Neglected Child Reporting Act is | 2 |
| amended by adding Section 4.4a as follows: | 3 |
| (325 ILCS 5/4.4a new) | 4 |
| Sec. 4.4a. DCFS duty to report to DHS' Office of Inspector | 5 |
| General. Whenever the Department receives, by means of its | 6 |
| statewide toll-free telephone number established under Section | 7 |
| 7.6 for the purpose of reporting suspected child abuse or | 8 |
| neglect or by any other means or from any mandated reporter | 9 |
| under Section 4, a report of suspected abuse, neglect, or | 10 |
| financial exploitation of a disabled adult person between the | 11 |
| ages of 18 and 59, the Department shall instruct the reporter | 12 |
| to contact the Department of Human Services' Office of the | 13 |
| Inspector General and shall provide the reporter with the | 14 |
| statewide, 24-hour toll-free telephone number established and | 15 |
| maintained by the Department of Human Services' Office of the | 16 |
| Inspector General.
| 17 |
| Section 95. No acceleration or delay. Where this Act makes | 18 |
| changes in a statute that is represented in this Act by text | 19 |
| that is not yet or no longer in effect (for example, a Section | 20 |
| represented by multiple versions), the use of that text does | 21 |
| not accelerate or delay the taking effect of (i) the changes | 22 |
| made by this Act or (ii) provisions derived from any other | 23 |
| Public Act.".
|
|