Full Text of HB4327 98th General Assembly
HB4327ham001 98TH GENERAL ASSEMBLY | Rep. Greg Harris Filed: 3/19/2014
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| 1 | | AMENDMENT TO HOUSE BILL 4327
| 2 | | AMENDMENT NO. ______. Amend House Bill 4327 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Open Meetings Act is amended by changing | 5 | | Section 2 as follows:
| 6 | | (5 ILCS 120/2) (from Ch. 102, par. 42)
| 7 | | Sec. 2. Open meetings.
| 8 | | (a) Openness required. All meetings of public
bodies shall | 9 | | be open to the public unless excepted in subsection (c)
and | 10 | | closed in accordance with Section 2a.
| 11 | | (b) Construction of exceptions. The exceptions contained | 12 | | in subsection
(c) are in derogation of the requirement that | 13 | | public bodies
meet in the open, and therefore, the exceptions | 14 | | are to be strictly
construed, extending only to subjects | 15 | | clearly within their scope.
The exceptions authorize but do not | 16 | | require the holding of
a closed meeting to discuss a subject |
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| 1 | | included within an enumerated exception.
| 2 | | (c) Exceptions. A public body may hold closed meetings to | 3 | | consider the
following subjects:
| 4 | | (1) The appointment, employment, compensation, | 5 | | discipline, performance,
or dismissal of specific | 6 | | employees of the public body or legal counsel for
the | 7 | | public body, including hearing
testimony on a complaint | 8 | | lodged against an employee of the public body or
against | 9 | | legal counsel for the public body to determine its | 10 | | validity.
| 11 | | (2) Collective negotiating matters between the public | 12 | | body and its
employees or their representatives, or | 13 | | deliberations concerning salary
schedules for one or more | 14 | | classes of employees.
| 15 | | (3) The selection of a person to fill a public office,
| 16 | | as defined in this Act, including a vacancy in a public | 17 | | office, when the public
body is given power to appoint | 18 | | under law or ordinance, or the discipline,
performance or | 19 | | removal of the occupant of a public office, when the public | 20 | | body
is given power to remove the occupant under law or | 21 | | ordinance.
| 22 | | (4) Evidence or testimony presented in open hearing, or | 23 | | in closed
hearing where specifically authorized by law, to
| 24 | | a quasi-adjudicative body, as defined in this Act, provided | 25 | | that the body
prepares and makes available for public | 26 | | inspection a written decision
setting forth its |
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| 1 | | determinative reasoning.
| 2 | | (5) The purchase or lease of real property for the use | 3 | | of
the public body, including meetings held for the purpose | 4 | | of discussing
whether a particular parcel should be | 5 | | acquired.
| 6 | | (6) The setting of a price for sale or lease of | 7 | | property owned
by the public body.
| 8 | | (7) The sale or purchase of securities, investments, or | 9 | | investment
contracts. This exception shall not apply to the | 10 | | investment of assets or income of funds deposited into the | 11 | | Illinois Prepaid Tuition Trust Fund.
| 12 | | (8) Security procedures and the use of personnel and
| 13 | | equipment to respond to an actual, a threatened, or a | 14 | | reasonably
potential danger to the safety of employees, | 15 | | students, staff, the public, or
public
property.
| 16 | | (9) Student disciplinary cases.
| 17 | | (10) The placement of individual students in special | 18 | | education
programs and other matters relating to | 19 | | individual students.
| 20 | | (11) Litigation, when an action against, affecting or | 21 | | on behalf of the
particular public body has been filed and | 22 | | is pending before a court or
administrative tribunal, or | 23 | | when the public body finds that an action is
probable or | 24 | | imminent, in which case the basis for the finding shall be
| 25 | | recorded and entered into the minutes of the closed | 26 | | meeting.
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| 1 | | (12) The establishment of reserves or settlement of | 2 | | claims as provided
in the Local Governmental and | 3 | | Governmental Employees Tort Immunity Act, if
otherwise the | 4 | | disposition of a claim or potential claim might be
| 5 | | prejudiced, or the review or discussion of claims, loss or | 6 | | risk management
information, records, data, advice or | 7 | | communications from or with respect
to any insurer of the | 8 | | public body or any intergovernmental risk management
| 9 | | association or self insurance pool of which the public body | 10 | | is a member.
| 11 | | (13) Conciliation of complaints of discrimination in | 12 | | the sale or rental
of housing, when closed meetings are | 13 | | authorized by the law or ordinance
prescribing fair housing | 14 | | practices and creating a commission or
administrative | 15 | | agency for their enforcement.
| 16 | | (14) Informant sources, the hiring or assignment of | 17 | | undercover personnel
or equipment, or ongoing, prior or | 18 | | future criminal investigations, when
discussed by a public | 19 | | body with criminal investigatory responsibilities.
| 20 | | (15) Professional ethics or performance when | 21 | | considered by an advisory
body appointed to advise a | 22 | | licensing or regulatory agency on matters
germane to the | 23 | | advisory body's field of competence.
| 24 | | (16) Self evaluation, practices and procedures or | 25 | | professional ethics,
when meeting with a representative of | 26 | | a statewide association of which the
public body is a |
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| 1 | | member.
| 2 | | (17) The recruitment, credentialing, discipline or | 3 | | formal peer review
of physicians or other
health care | 4 | | professionals for a hospital, or
other institution | 5 | | providing medical care, that is operated by the public | 6 | | body.
| 7 | | (18) Deliberations for decisions of the Prisoner | 8 | | Review Board.
| 9 | | (19) Review or discussion of applications received | 10 | | under the
Experimental Organ Transplantation Procedures | 11 | | Act.
| 12 | | (20) The classification and discussion of matters | 13 | | classified as
confidential or continued confidential by | 14 | | the State Government Suggestion Award
Board.
| 15 | | (21) Discussion of minutes of meetings lawfully closed | 16 | | under this Act,
whether for purposes of approval by the | 17 | | body of the minutes or semi-annual
review of the minutes as | 18 | | mandated by Section 2.06.
| 19 | | (22) Deliberations for decisions of the State
| 20 | | Emergency Medical Services Disciplinary
Review Board.
| 21 | | (23) The operation by a municipality of a municipal | 22 | | utility or the
operation of a
municipal power agency or | 23 | | municipal natural gas agency when the
discussion involves | 24 | | (i) contracts relating to the
purchase, sale, or delivery | 25 | | of electricity or natural gas or (ii) the results
or | 26 | | conclusions of load forecast studies.
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| 1 | | (24) Meetings of a residential health care facility | 2 | | resident sexual
assault and death review
team or
the | 3 | | Executive
Council under the Abuse Prevention Review
Team | 4 | | Act.
| 5 | | (25) Meetings of an independent team of experts under | 6 | | Brian's Law. | 7 | | (26) Meetings of a mortality review team appointed | 8 | | under the Department of Juvenile Justice Mortality Review | 9 | | Team Act. | 10 | | (27) (Blank). | 11 | | (28) Correspondence and records (i) that may not be | 12 | | disclosed under Section 11-9 of the Public Aid Code or (ii) | 13 | | that pertain to appeals under Section 11-8 of the Public | 14 | | Aid Code. | 15 | | (29) Meetings between internal or external auditors | 16 | | and governmental audit committees, finance committees, and | 17 | | their equivalents, when the discussion involves internal | 18 | | control weaknesses, identification of potential fraud risk | 19 | | areas, known or suspected frauds, and fraud interviews | 20 | | conducted in accordance with generally accepted auditing | 21 | | standards of the United States of America. | 22 | | (30) Those meetings or portions of meetings of a an | 23 | | at-risk adult fatality review team or the Illinois At-Risk | 24 | | Adult Fatality Review Team Advisory Council during which a | 25 | | review of the death of an eligible adult in which abuse or | 26 | | neglect is suspected, alleged, or substantiated is |
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| 1 | | conducted pursuant to Section 15 of the Adult Protective | 2 | | Services Act. | 3 | | (31) (30) Meetings and deliberations for decisions of | 4 | | the Concealed Carry Licensing Review Board under the | 5 | | Firearm Concealed Carry Act. | 6 | | (d) Definitions. For purposes of this Section:
| 7 | | "Employee" means a person employed by a public body whose | 8 | | relationship
with the public body constitutes an | 9 | | employer-employee relationship under
the usual common law | 10 | | rules, and who is not an independent contractor.
| 11 | | "Public office" means a position created by or under the
| 12 | | Constitution or laws of this State, the occupant of which is | 13 | | charged with
the exercise of some portion of the sovereign | 14 | | power of this State. The term
"public office" shall include | 15 | | members of the public body, but it shall not
include | 16 | | organizational positions filled by members thereof, whether
| 17 | | established by law or by a public body itself, that exist to | 18 | | assist the
body in the conduct of its business.
| 19 | | "Quasi-adjudicative body" means an administrative body | 20 | | charged by law or
ordinance with the responsibility to conduct | 21 | | hearings, receive evidence or
testimony and make | 22 | | determinations based
thereon, but does not include
local | 23 | | electoral boards when such bodies are considering petition | 24 | | challenges.
| 25 | | (e) Final action. No final action may be taken at a closed | 26 | | meeting.
Final action shall be preceded by a public recital of |
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| 1 | | the nature of the
matter being considered and other information | 2 | | that will inform the
public of the business being conducted.
| 3 | | (Source: P.A. 97-318, eff. 1-1-12; 97-333, eff. 8-12-11; | 4 | | 97-452, eff. 8-19-11; 97-813, eff. 7-13-12; 97-876, eff. | 5 | | 8-1-12; 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; revised | 6 | | 7-23-13.)
| 7 | | Section 10. The Freedom of Information Act is amended by | 8 | | changing Section 7.5 as follows: | 9 | | (5 ILCS 140/7.5) | 10 | | Sec. 7.5. Statutory Exemptions. To the extent provided for | 11 | | by the statutes referenced below, the following shall be exempt | 12 | | from inspection and copying: | 13 | | (a) All information determined to be confidential under | 14 | | Section 4002 of the Technology Advancement and Development Act. | 15 | | (b) Library circulation and order records identifying | 16 | | library users with specific materials under the Library Records | 17 | | Confidentiality Act. | 18 | | (c) Applications, related documents, and medical records | 19 | | received by the Experimental Organ Transplantation Procedures | 20 | | Board and any and all documents or other records prepared by | 21 | | the Experimental Organ Transplantation Procedures Board or its | 22 | | staff relating to applications it has received. | 23 | | (d) Information and records held by the Department of | 24 | | Public Health and its authorized representatives relating to |
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| 1 | | known or suspected cases of sexually transmissible disease or | 2 | | any information the disclosure of which is restricted under the | 3 | | Illinois Sexually Transmissible Disease Control Act. | 4 | | (e) Information the disclosure of which is exempted under | 5 | | Section 30 of the Radon Industry Licensing Act. | 6 | | (f) Firm performance evaluations under Section 55 of the | 7 | | Architectural, Engineering, and Land Surveying Qualifications | 8 | | Based Selection Act. | 9 | | (g) Information the disclosure of which is restricted and | 10 | | exempted under Section 50 of the Illinois Prepaid Tuition Act. | 11 | | (h) Information the disclosure of which is exempted under | 12 | | the State Officials and Employees Ethics Act, and records of | 13 | | any lawfully created State or local inspector general's office | 14 | | that would be exempt if created or obtained by an Executive | 15 | | Inspector General's office under that Act. | 16 | | (i) Information contained in a local emergency energy plan | 17 | | submitted to a municipality in accordance with a local | 18 | | emergency energy plan ordinance that is adopted under Section | 19 | | 11-21.5-5 of the Illinois Municipal Code. | 20 | | (j) Information and data concerning the distribution of | 21 | | surcharge moneys collected and remitted by wireless carriers | 22 | | under the Wireless Emergency Telephone Safety Act. | 23 | | (k) Law enforcement officer identification information or | 24 | | driver identification information compiled by a law | 25 | | enforcement agency or the Department of Transportation under | 26 | | Section 11-212 of the Illinois Vehicle Code. |
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| 1 | | (l) Records and information provided to a residential | 2 | | health care facility resident sexual assault and death review | 3 | | team or the Executive Council under the Abuse Prevention Review | 4 | | Team Act. | 5 | | (m) Information provided to the predatory lending database | 6 | | created pursuant to Article 3 of the Residential Real Property | 7 | | Disclosure Act, except to the extent authorized under that | 8 | | Article. | 9 | | (n) Defense budgets and petitions for certification of | 10 | | compensation and expenses for court appointed trial counsel as | 11 | | provided under Sections 10 and 15 of the Capital Crimes | 12 | | Litigation Act. This subsection (n) shall apply until the | 13 | | conclusion of the trial of the case, even if the prosecution | 14 | | chooses not to pursue the death penalty prior to trial or | 15 | | sentencing. | 16 | | (o) Information that is prohibited from being disclosed | 17 | | under Section 4 of the Illinois Health and Hazardous Substances | 18 | | Registry Act. | 19 | | (p) Security portions of system safety program plans, | 20 | | investigation reports, surveys, schedules, lists, data, or | 21 | | information compiled, collected, or prepared by or for the | 22 | | Regional Transportation Authority under Section 2.11 of the | 23 | | Regional Transportation Authority Act or the St. Clair County | 24 | | Transit District under the Bi-State Transit Safety Act. | 25 | | (q) Information prohibited from being disclosed by the | 26 | | Personnel Records Review Act. |
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| 1 | | (r) Information prohibited from being disclosed by the | 2 | | Illinois School Student Records Act. | 3 | | (s) Information the disclosure of which is restricted under | 4 | | Section 5-108 of the Public Utilities Act.
| 5 | | (t) All identified or deidentified health information in | 6 | | the form of health data or medical records contained in, stored | 7 | | in, submitted to, transferred by, or released from the Illinois | 8 | | Health Information Exchange, and identified or deidentified | 9 | | health information in the form of health data and medical | 10 | | records of the Illinois Health Information Exchange in the | 11 | | possession of the Illinois Health Information Exchange | 12 | | Authority due to its administration of the Illinois Health | 13 | | Information Exchange. The terms "identified" and | 14 | | "deidentified" shall be given the same meaning as in the Health | 15 | | Insurance Accountability and Portability Act of 1996, Public | 16 | | Law 104-191, or any subsequent amendments thereto, and any | 17 | | regulations promulgated thereunder. | 18 | | (u) Records and information provided to an independent team | 19 | | of experts under Brian's Law. | 20 | | (v) Names and information of people who have applied for or | 21 | | received Firearm Owner's Identification Cards under the | 22 | | Firearm Owners Identification Card Act or applied for or | 23 | | received a concealed carry license under the Firearm Concealed | 24 | | Carry Act, unless otherwise authorized by the Firearm Concealed | 25 | | Carry Act; and databases under the Firearm Concealed Carry Act, | 26 | | records of the Concealed Carry Licensing Review Board under the |
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| 1 | | Firearm Concealed Carry Act, and law enforcement agency | 2 | | objections under the Firearm Concealed Carry Act. | 3 | | (w) Personally identifiable information which is exempted | 4 | | from disclosure under subsection (g) of Section 19.1 of the | 5 | | Toll Highway Act. | 6 | | (x) Information which is exempted from disclosure under | 7 | | Section 5-1014.3 of the Counties Code or Section 8-11-21 of the | 8 | | Illinois Municipal Code. | 9 | | (y) Confidential information under the Adult Protective | 10 | | Services Act and its predecessor enabling statute, the Elder | 11 | | Abuse and Neglect Act, including information about the identity | 12 | | and administrative finding against any caregiver of a verified | 13 | | and substantiated decision of significant abuse, neglect, or | 14 | | financial exploitation of an eligible adult maintained in the | 15 | | Department of Public Health's Health Care Worker Registry. | 16 | | (z) Records and information provided to a an at-risk adult | 17 | | fatality review team or the Illinois At-Risk Adult Fatality | 18 | | Review Team Advisory Council under Section 15 of the Adult | 19 | | Protective Services Act. | 20 | | (Source: P.A. 97-80, eff. 7-5-11; 97-333, eff. 8-12-11; 97-342, | 21 | | eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, eff. 1-1-13; 98-49, | 22 | | eff. 7-1-13; 98-63, eff. 7-9-13; revised 7-23-13.) | 23 | | Section 15. The Adult Protective Services Act is amended by | 24 | | changing Sections 2, 3.5, 4, 5, 7.5, 8, 9, 13, and 15 as | 25 | | follows:
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| 1 | | (320 ILCS 20/2) (from Ch. 23, par. 6602)
| 2 | | Sec. 2. Definitions. As used in this Act, unless the | 3 | | context
requires otherwise:
| 4 | | (a) "Abuse" means causing any physical, mental or sexual | 5 | | injury to an
eligible adult, including exploitation of such | 6 | | adult's financial resources.
| 7 | | Nothing in this Act shall be construed to mean that an | 8 | | eligible adult is a
victim of abuse, neglect, or self-neglect | 9 | | for the sole reason that he or she is being
furnished with or | 10 | | relies upon treatment by spiritual means through prayer
alone, | 11 | | in accordance with the tenets and practices of a recognized | 12 | | church
or religious denomination.
| 13 | | Nothing in this Act shall be construed to mean that an | 14 | | eligible adult is a
victim of abuse because of health care | 15 | | services provided or not provided by
licensed health care | 16 | | professionals.
| 17 | | (a-5) "Abuser" means a person who abuses, neglects, or | 18 | | financially
exploits an eligible adult.
| 19 | | (a-6) "Adult with disabilities" means a person aged 18 | 20 | | through 59 who resides in a domestic living situation and whose | 21 | | disability as defined in subsection (c-5) impairs his or her | 22 | | ability to seek or obtain protection from abuse, neglect, or | 23 | | exploitation. | 24 | | (a-7) "Caregiver" means a person who either as a result of | 25 | | a family
relationship, voluntarily, or in exchange for |
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| 1 | | compensation has assumed
responsibility for all or a portion of | 2 | | the care of an eligible adult who needs
assistance with | 3 | | activities of daily
living.
| 4 | | (b) "Department" means the Department on Aging of the State | 5 | | of Illinois.
| 6 | | (c) "Director" means the Director of the Department.
| 7 | | (c-5) "Disability" means a physical or mental disability, | 8 | | including, but not limited to, a developmental disability, an | 9 | | intellectual disability, a mental illness as defined under the | 10 | | Mental Health and Developmental Disabilities Code, or dementia | 11 | | as defined under the Alzheimer's Disease Assistance Act. | 12 | | (d) "Domestic living situation" means a residence where the | 13 | | eligible
adult at the time of the report lives alone or with | 14 | | his or her family or a caregiver, or others,
or other | 15 | | community-based unlicensed facility, but
is not:
| 16 | | (1) A licensed facility as defined in Section 1-113 of | 17 | | the Nursing Home
Care Act;
| 18 | | (1.5) A facility licensed under the ID/DD Community | 19 | | Care Act; | 20 | | (1.7) A facility licensed under the Specialized Mental | 21 | | Health Rehabilitation Act of 2013;
| 22 | | (2) A "life care facility" as defined in the Life Care | 23 | | Facilities Act;
| 24 | | (3) A home, institution, or other place operated by the | 25 | | federal
government or agency thereof or by the State of | 26 | | Illinois;
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| 1 | | (4) A hospital, sanitarium, or other institution, the | 2 | | principal activity
or business of which is the diagnosis, | 3 | | care, and treatment of human illness
through the | 4 | | maintenance and operation of organized facilities | 5 | | therefor,
which is required to be licensed under the | 6 | | Hospital Licensing Act;
| 7 | | (5) A "community living facility" as defined in the | 8 | | Community Living
Facilities Licensing Act;
| 9 | | (6) (Blank);
| 10 | | (7) A "community-integrated living arrangement" as | 11 | | defined in
the Community-Integrated Living Arrangements | 12 | | Licensure and Certification Act or a "community | 13 | | residential alternative" as licensed under that Act;
| 14 | | (8) An assisted living or shared housing establishment | 15 | | as defined in the Assisted Living and Shared Housing Act; | 16 | | or
| 17 | | (9) A supportive living facility as described in | 18 | | Section 5-5.01a of the Illinois Public Aid Code.
| 19 | | (e) "Eligible adult" means either an adult with | 20 | | disabilities aged 18 through 59 or a person aged 60 or older | 21 | | who
resides in a domestic living situation and is, or is | 22 | | alleged
to be, abused, neglected, or financially exploited by | 23 | | another individual or who neglects himself or herself.
| 24 | | (f) "Emergency" means a situation in which an eligible | 25 | | adult is living
in conditions presenting a risk of death or | 26 | | physical, mental or sexual
injury and the provider agency has |
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| 1 | | reason to believe the eligible adult is
unable to
consent to | 2 | | services which would alleviate that risk.
| 3 | | (f-1) "Financial exploitation" means the use of an eligible | 4 | | adult's resources by another to the disadvantage of that adult | 5 | | or the profit or advantage of a person other than that adult. | 6 | | (f-5) "Mandated reporter" means any of the following | 7 | | persons
while engaged in carrying out their professional | 8 | | duties:
| 9 | | (1) a professional or professional's delegate while | 10 | | engaged in: (i) social
services, (ii) law enforcement, | 11 | | (iii) education, (iv) the care of an eligible
adult or | 12 | | eligible adults, or (v) any of the occupations required to | 13 | | be licensed
under
the Clinical Psychologist Licensing Act, | 14 | | the Clinical Social Work and Social
Work Practice Act, the | 15 | | Illinois Dental Practice Act, the Dietitian Nutritionist | 16 | | Practice Act, the Marriage and Family Therapy Licensing | 17 | | Act, the
Medical Practice Act of 1987, the Naprapathic | 18 | | Practice Act, the
Nurse Practice Act, the Nursing Home
| 19 | | Administrators Licensing and
Disciplinary Act, the | 20 | | Illinois Occupational Therapy Practice Act, the Illinois
| 21 | | Optometric Practice Act of 1987, the Pharmacy Practice Act, | 22 | | the
Illinois Physical Therapy Act, the Physician Assistant | 23 | | Practice Act of 1987,
the Podiatric Medical Practice Act of | 24 | | 1987, the Respiratory Care Practice
Act,
the Professional | 25 | | Counselor and
Clinical Professional Counselor Licensing | 26 | | and Practice Act, the Illinois Speech-Language
Pathology |
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| 1 | | and Audiology Practice Act, the Veterinary Medicine and | 2 | | Surgery
Practice Act of 2004, and the Illinois Public | 3 | | Accounting Act;
| 4 | | (1.5) an employee of an entity providing developmental | 5 | | disabilities services or service coordination funded by | 6 | | the Department of Human Services;
| 7 | | (2) an employee of a vocational rehabilitation | 8 | | facility prescribed or
supervised by the Department of | 9 | | Human Services;
| 10 | | (3) an administrator, employee, or person providing | 11 | | services in or through
an unlicensed community based | 12 | | facility;
| 13 | | (4) any religious practitioner who provides treatment | 14 | | by prayer or spiritual means alone in accordance with the | 15 | | tenets and practices of a recognized church or religious | 16 | | denomination, except as to information received in any | 17 | | confession or sacred communication enjoined by the | 18 | | discipline of the religious denomination to be held | 19 | | confidential;
| 20 | | (5) field personnel of the Department of Healthcare and | 21 | | Family Services, Department of Public
Health, and | 22 | | Department of Human Services, and any county or
municipal | 23 | | health department;
| 24 | | (6) personnel of the Department of Human Services, the | 25 | | Guardianship and
Advocacy Commission, the State Fire | 26 | | Marshal, local fire departments, the
Department on Aging |
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| 1 | | and its subsidiary Area Agencies on Aging and provider
| 2 | | agencies, and the Office of State Long Term Care Ombudsman;
| 3 | | (7) any employee of the State of Illinois not otherwise | 4 | | specified herein
who is involved in providing services to | 5 | | eligible adults, including
professionals providing medical | 6 | | or rehabilitation services and all
other persons having | 7 | | direct contact with eligible adults;
| 8 | | (8) a person who performs the duties of a coroner
or | 9 | | medical examiner; or
| 10 | | (9) a person who performs the duties of a paramedic or | 11 | | an emergency
medical
technician.
| 12 | | (g) "Neglect" means
another individual's failure to | 13 | | provide an eligible
adult with or willful withholding from an | 14 | | eligible adult the necessities of
life including, but not | 15 | | limited to, food, clothing, shelter or health care.
This | 16 | | subsection does not create any new affirmative duty to provide | 17 | | support to
eligible adults. Nothing in this Act shall be | 18 | | construed to mean that an
eligible adult is a victim of neglect | 19 | | because of health care services provided
or not provided by | 20 | | licensed health care professionals.
| 21 | | (h) "Provider agency" means any public or nonprofit agency | 22 | | in a planning
and service area that is selected by the | 23 | | Department or appointed by the regional administrative agency | 24 | | with prior
approval by the Department on Aging to receive and | 25 | | assess reports of
alleged or suspected abuse, neglect, or | 26 | | financial exploitation. A provider agency is also referenced as |
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| 1 | | a "designated agency" in this Act.
| 2 | | (i) "Regional administrative agency" means any public or | 3 | | nonprofit
agency in a planning and service area that provides | 4 | | regional oversight and performs functions as set forth in | 5 | | subsection (b) of Section 3 of this Act. The Department may | 6 | | serve as the regional administrative agency or it may designate | 7 | | an Area Agency on Aging or another qualified entity to serve as | 8 | | the regional administrative agency; such designation shall be | 9 | | subject to terms set forth by the Department. so designated by | 10 | | the Department,
provided that the designated Area Agency on | 11 | | Aging shall be designated the
regional administrative agency if | 12 | | it so requests.
The Department shall assume the functions of | 13 | | the regional administrative
agency for any planning and service | 14 | | area where another agency is not so
designated.
| 15 | | (i-5) "Self-neglect" means a condition that is the result | 16 | | of an eligible adult's inability, due to physical or mental | 17 | | impairments, or both, or a diminished capacity, to perform | 18 | | essential self-care tasks that substantially threaten his or | 19 | | her own health, including: providing essential food, clothing, | 20 | | shelter, and health care; and obtaining goods and services | 21 | | necessary to maintain physical health, mental health, | 22 | | emotional well-being, and general safety. The term includes | 23 | | compulsive hoarding, which is characterized by the acquisition | 24 | | and retention of large quantities of items and materials that | 25 | | produce an extensively cluttered living space, which | 26 | | significantly impairs the performance of essential self-care |
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| 1 | | tasks or otherwise substantially threatens life or safety.
| 2 | | (j) "Substantiated case" means a reported case of alleged | 3 | | or suspected
abuse, neglect, financial exploitation, or | 4 | | self-neglect in which a provider agency,
after assessment, | 5 | | determines that there is reason to believe abuse,
neglect, or | 6 | | financial exploitation has occurred.
| 7 | | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-300, | 8 | | eff. 8-11-11; 97-706, eff. 6-25-12; 97-813, eff. 7-13-12; | 9 | | 97-1141, eff. 12-28-12; 98-49, eff. 7-1-13; 98-104, eff. | 10 | | 7-22-13; revised 9-19-13.) | 11 | | (320 ILCS 20/3.5) | 12 | | Sec. 3.5. Other Responsibilities. The Department shall | 13 | | also be
responsible for the following activities, contingent | 14 | | upon adequate funding; implementation shall be expanded to | 15 | | adults with disabilities upon the effective date of this | 16 | | amendatory Act of the 98th General Assembly, except those | 17 | | responsibilities under subsection (a), which shall be | 18 | | undertaken as soon as practicable: | 19 | | (a) promotion of a wide range of endeavors for the | 20 | | purpose of preventing
abuse, neglect, financial | 21 | | exploitation, and self-neglect, including, but not limited | 22 | | to, promotion of public
and professional education to | 23 | | increase awareness of abuse, neglect,
financial | 24 | | exploitation, and self-neglect; to increase reports; to | 25 | | establish access to and use of the Health Care Worker |
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| 1 | | Registry established under Section 7.5 ; and to improve | 2 | | response by
various legal, financial, social, and health | 3 | | systems; | 4 | | (b) coordination of efforts with other agencies, | 5 | | councils, and like
entities, to include but not be limited | 6 | | to, the Administrative Office of the Illinois Courts, the | 7 | | Office of the Attorney General,
the State Police, the | 8 | | Illinois Law Enforcement Training Standards
Board, the | 9 | | State Triad, the Illinois Criminal Justice Information
| 10 | | Authority, the
Departments of Public Health, Healthcare | 11 | | and Family Services, and Human Services, the Illinois | 12 | | Guardianship and Advocacy Commission, the Family
Violence | 13 | | Coordinating Council, the Illinois Violence Prevention | 14 | | Authority,
and other
entities which may impact awareness | 15 | | of, and response to, abuse, neglect,
financial | 16 | | exploitation, and self-neglect; | 17 | | (c) collection and analysis of data; | 18 | | (d) monitoring of the performance of regional | 19 | | administrative agencies and adult protective services
| 20 | | agencies; | 21 | | (e) promotion of prevention activities; | 22 | | (f) establishing and coordinating an aggressive | 23 | | training program on the unique
nature of adult abuse cases | 24 | | with other agencies, councils, and like entities,
to | 25 | | include but not be limited to the Office of the Attorney | 26 | | General, the
State Police, the Illinois Law Enforcement |
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| 1 | | Training Standards Board, the
State Triad, the Illinois | 2 | | Criminal Justice Information Authority, the State
| 3 | | Departments of Public Health, Healthcare and Family | 4 | | Services, and Human Services, the Family
Violence | 5 | | Coordinating Council, the Illinois Violence Prevention | 6 | | Authority,
the agency designated by the Governor under | 7 | | Section 1 of the Protection and Advocacy for | 8 | | Developmentally Disabled Persons Act, and other entities | 9 | | that may impact awareness of and response to
abuse, | 10 | | neglect, financial exploitation, and self-neglect; | 11 | | (g) solicitation of financial institutions for the | 12 | | purpose of making
information available to the general | 13 | | public warning of financial exploitation
of adults and | 14 | | related financial fraud or abuse, including such
| 15 | | information and warnings available through signage or | 16 | | other written
materials provided by the Department on the | 17 | | premises of such financial
institutions, provided that the | 18 | | manner of displaying or distributing such
information is | 19 | | subject to the sole discretion of each financial | 20 | | institution;
| 21 | | (g-1) developing by joint rulemaking with the | 22 | | Department of Financial and Professional Regulation | 23 | | minimum training standards which shall be used by financial | 24 | | institutions for their current and new employees with | 25 | | direct customer contact; the Department of Financial and | 26 | | Professional Regulation shall retain sole visitation and |
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| 1 | | enforcement authority under this subsection (g-1); the | 2 | | Department of Financial and Professional Regulation shall | 3 | | provide bi-annual reports to the Department setting forth | 4 | | aggregate statistics on the training programs required | 5 | | under this subsection (g-1); and | 6 | | (h) coordinating efforts with utility and electric | 7 | | companies to send
notices in utility bills to
explain to | 8 | | persons 60 years of age or older
their rights regarding | 9 | | telemarketing and home repair fraud. | 10 | | (Source: P.A. 98-49, eff. 7-1-13.)
| 11 | | (320 ILCS 20/4) (from Ch. 23, par. 6604)
| 12 | | Sec. 4. Reports of abuse or neglect.
| 13 | | (a) Any person who suspects the abuse,
neglect,
financial | 14 | | exploitation, or self-neglect of an eligible adult may
report
| 15 | | this suspicion to an agency designated to receive such
reports | 16 | | under this Act or to the Department.
| 17 | | (a-5) If any mandated reporter has reason to believe that | 18 | | an eligible
adult,
who because of a disability or other | 19 | | condition or impairment is unable to seek assistance for | 20 | | himself or herself,
has, within the previous 12 months, been | 21 | | subjected to abuse, neglect, or
financial exploitation, the | 22 | | mandated reporter shall, within 24 hours after
developing
such | 23 | | belief, report this suspicion to an agency designated to | 24 | | receive such
reports under this Act or
to the Department. The | 25 | | agency designated to receive such reports under this Act or the |
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| 1 | | Department may establish a manner in which a mandated reporter | 2 | | can make the required report through an Internet reporting | 3 | | tool. Information sent and received through the Internet | 4 | | reporting tool is subject to the same rules in this Act as | 5 | | other types of confidential reporting established by the | 6 | | designated agency or the Department. Whenever a mandated | 7 | | reporter
is required to report under this Act in his or her | 8 | | capacity as a member of
the staff of a medical or other public | 9 | | or private institution, facility,
or agency, he or she shall | 10 | | make a report
to an agency designated to receive such
reports | 11 | | under this Act or
to the Department in accordance
with the | 12 | | provisions of this Act and may also notify the person in charge | 13 | | of
the institution, facility, board and care home, or agency or | 14 | | his or her
designated agent that the
report has been made. | 15 | | Under no circumstances shall any person in charge of
such | 16 | | institution, facility, board and care home, or agency, or his | 17 | | or her
designated agent to whom
the notification has been made, | 18 | | exercise any control, restraint,
modification, or other change | 19 | | in the report or the forwarding of the report
to an agency | 20 | | designated to receive such
reports under this Act or
to the | 21 | | Department. The privileged quality of communication between | 22 | | any
professional
person required to report
and his or her | 23 | | patient or client shall not apply to situations involving
| 24 | | abused, neglected, or financially exploited eligible adults | 25 | | and shall not
constitute
grounds for failure to
report
as | 26 | | required by this Act.
|
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| 1 | | (a-7) A person making a report
under this Act in the belief | 2 | | that it is in the alleged victim's best
interest shall be | 3 | | immune from criminal or civil liability or professional
| 4 | | disciplinary action on account of making the report, | 5 | | notwithstanding any
requirements concerning the | 6 | | confidentiality of information with respect to
such eligible | 7 | | adult which might otherwise be applicable.
| 8 | | (a-9) Law enforcement officers
shall continue to report | 9 | | incidents of alleged abuse pursuant to the
Illinois Domestic | 10 | | Violence Act of 1986, notwithstanding any requirements
under | 11 | | this Act.
| 12 | | (b) Any person, institution or agency participating in the | 13 | | making of
a report, providing
information or records related to | 14 | | a report, assessment, or services, or
participating in the | 15 | | investigation of a report under
this Act in good faith, or | 16 | | taking photographs or x-rays as a result of an
authorized | 17 | | assessment, shall have immunity from any civil, criminal or
| 18 | | other liability in any civil, criminal or other proceeding | 19 | | brought in
consequence of making such report or assessment or | 20 | | on account of submitting
or otherwise disclosing such | 21 | | photographs or x-rays to any agency designated
to receive | 22 | | reports of alleged or suspected abuse or neglect. Any person,
| 23 | | institution or agency authorized by the Department to provide | 24 | | assessment,
intervention, or administrative services under | 25 | | this Act shall, in the good
faith performance of those | 26 | | services, have immunity from any civil, criminal
or other |
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| 1 | | liability in any civil, criminal, or other proceeding brought | 2 | | as a
consequence of the performance of those services.
For the | 3 | | purposes of any civil, criminal, or other proceeding, the good | 4 | | faith
of any person required to report, permitted to report, or | 5 | | participating in an
investigation of a report of alleged or | 6 | | suspected abuse, neglect,
financial exploitation, or | 7 | | self-neglect shall be
presumed.
| 8 | | (c) The identity of a person making a report of alleged or | 9 | | suspected
abuse, neglect, financial exploitation, or | 10 | | self-neglect under this Act may be disclosed by the Department
| 11 | | or other agency provided for in this Act only with such | 12 | | person's written
consent or by court order, but is otherwise | 13 | | confidential.
| 14 | | (d) The Department shall by rule establish a system for | 15 | | filing and
compiling reports made under this Act.
| 16 | | (e) Any physician who willfully fails to report as required | 17 | | by this Act
shall be referred to the Illinois State Medical | 18 | | Disciplinary Board for action
in accordance with subdivision | 19 | | (A)(22) of Section 22 of the Medical Practice
Act of 1987. Any | 20 | | dentist or dental hygienist who willfully fails to report as
| 21 | | required by this Act shall be referred to the Department of | 22 | | Professional
Regulation for action in accordance with | 23 | | paragraph 19 of Section 23 of the
Illinois Dental Practice Act. | 24 | | Any optometrist who willfully fails to report as required by | 25 | | this Act shall be referred to the Department of Financial and | 26 | | Professional Regulation for action in accordance with |
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| 1 | | paragraph (15) of subsection (a) of Section 24 of the Illinois | 2 | | Optometric Practice Act of 1987. Any other mandated reporter | 3 | | required by
this Act to report suspected abuse, neglect, or | 4 | | financial exploitation who
willfully fails to report the same | 5 | | is guilty of a Class A misdemeanor.
| 6 | | (Source: P.A. 97-860, eff. 7-30-12; 98-49, eff. 7-1-13.)
| 7 | | (320 ILCS 20/5) (from Ch. 23, par. 6605)
| 8 | | Sec. 5. Procedure.
| 9 | | (a) A provider agency designated to receive reports
of | 10 | | alleged or suspected abuse, neglect, financial
exploitation, | 11 | | or self-neglect under
this Act shall, upon
receiving such a | 12 | | report, conduct a face-to-face assessment with respect to
such | 13 | | report, in accord with established law and Department | 14 | | protocols, procedures, and policies. Face-to-face assessments, | 15 | | casework, and follow-up of reports of self-neglect by the | 16 | | provider agencies designated to receive reports of | 17 | | self-neglect shall be subject to sufficient appropriation for | 18 | | statewide implementation of assessments, casework, and | 19 | | follow-up of reports of self-neglect. In the absence of | 20 | | sufficient appropriation for statewide implementation of | 21 | | assessments, casework, and follow-up of reports of | 22 | | self-neglect, the designated adult protective services | 23 | | provider agency shall refer all reports of self-neglect to the | 24 | | appropriate agency or agencies as designated by the Department | 25 | | for any follow-up. The assessment shall include, but not be |
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| 1 | | limited to, a visit
to the residence of the eligible adult who | 2 | | is the subject of the report and
may include interviews or | 3 | | consultations with service agencies or
individuals who may have | 4 | | knowledge of the eligible adult's circumstances.
If, after the | 5 | | assessment, the provider agency determines that the case is
| 6 | | substantiated it shall develop a service care plan for the | 7 | | eligible adult and may report its findings at any time during | 8 | | the case to the appropriate law enforcement agency in accord | 9 | | with established law and Department protocols, procedures, and | 10 | | policies.
In developing a case plan, the provider agency may | 11 | | consult with any other
appropriate provider of services, and | 12 | | such providers shall be immune from
civil or criminal liability | 13 | | on account of such acts. The plan shall
include alternative | 14 | | suggested or recommended
services which are appropriate to the | 15 | | needs of the eligible adult and which
involve the least | 16 | | restriction of the eligible adult's activities
commensurate | 17 | | with his or her needs. Only those services to which consent
is
| 18 | | provided in accordance with Section 9 of this Act shall be | 19 | | provided,
contingent upon the availability of such services.
| 20 | | (b) A provider agency shall refer evidence of crimes | 21 | | against an eligible
adult to the appropriate law enforcement | 22 | | agency according to Department
policies. A referral to law | 23 | | enforcement may be made at intake or any time
during the case. | 24 | | Where a provider agency has reason to believe the death of an
| 25 | | eligible adult may be the result of abuse or neglect, the | 26 | | agency shall
immediately report the matter to the coroner or |
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| 1 | | medical examiner and shall
cooperate fully with any subsequent | 2 | | investigation. | 3 | | (c) If any person other than the alleged victim refuses to | 4 | | allow the provider agency to begin
an investigation, interferes | 5 | | with the provider agency's ability to
conduct an investigation, | 6 | | or refuses to give access to an eligible
adult, the appropriate | 7 | | law enforcement agency must be consulted regarding the | 8 | | investigation.
| 9 | | (Source: P.A. 98-49, eff. 7-1-13.)
| 10 | | (320 ILCS 20/7.5) | 11 | | Sec. 7.5. Health Care Worker Registry. | 12 | | (a) To protect individuals receiving in-home and | 13 | | community-based services, the Department on Aging shall | 14 | | establish a Registry effective January 1, 2015. | 15 | | (a-5) The Registry shall identify individuals against whom | 16 | | a verified and substantiated finding was made under this Act of | 17 | | significant abuse, neglect, or financial exploitation while | 18 | | working for or compensated with public funds from certain | 19 | | agencies of the State or while working for a provider that is | 20 | | licensed, certified, or regulated by, or paid with public funds | 21 | | from these agencies as set forth in subsection (a-10) of this | 22 | | Section. | 23 | | The information in the Registry shall be confidential | 24 | | except as specifically authorized in this Act and shall not be | 25 | | deemed a public record. |
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| 1 | | (a-10) (a) Reporting to the Registry. The Department on | 2 | | Aging shall report to the to the Department of Public Health's | 3 | | Health Care Worker Registry the identity of the caregiver when | 4 | | a and administrative finding of a verified and substantiated | 5 | | decision of significant abuse, neglect, or financial | 6 | | exploitation of an eligible adult under this Act that is made | 7 | | against a caregiver who works for, is regulated by, or | 8 | | compensated with public funds from the Department on Aging, the | 9 | | Department of Healthcare and Family Services, the Department of | 10 | | Human Services, or the Department of Public Health or who works | 11 | | for any caregiver , including consultants and volunteers, | 12 | | employed by a provider licensed, certified, or regulated by, or | 13 | | paid with public funds from any of these State agencies , the | 14 | | Department of Public Health, Healthcare and Family Services, or | 15 | | Human Services, or the Department on Aging. For uncompensated | 16 | | or privately paid caregivers, the Department on Aging shall | 17 | | report only a verified and substantiated decision of | 18 | | significant abuse, neglect, or financial exploitation of an | 19 | | eligible adult under this Act . | 20 | | A An administrative finding against a caregiver that is | 21 | | placed in the Registry shall preclude that any caregiver from | 22 | | providing direct care, as defined in this Section access or | 23 | | other services, including consulting and volunteering , in a | 24 | | position with the Department on Aging, the Department of | 25 | | Healthcare and Family Services, the Department of Human | 26 | | Services, or the Department of Public Health or providers |
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| 1 | | thereof as described in this subsection a provider that is | 2 | | licensed, certified, or regulated by, or paid with public funds | 3 | | from or on behalf of, the State of Illinois or any Department | 4 | | thereof, that permits the caregiver direct access to an adult | 5 | | aged 60 or older or an adult, over 18, with a disability or to | 6 | | that individual's living quarters or personal, financial, or | 7 | | medical records . | 8 | | (b) Definitions. As used in this Section: | 9 | | "Direct care" includes, but is not limited to, direct | 10 | | access to a person aged 60 or older or to an adult with | 11 | | disabilities aged 18 through 59 to an individual , his or her | 12 | | living quarters, or his or her personal, financial, or medical | 13 | | records for the purpose of providing nursing care or assistance | 14 | | with feeding, dressing, movement, bathing, toileting, other | 15 | | personal needs and activities of daily living, or assistance | 16 | | with financial transactions. | 17 | | "Privately paid caregiver" means any caregiver who has been | 18 | | paid with resources other than public funds, regardless of | 19 | | licensure, certification, or regulation by the State of | 20 | | Illinois and any Department thereof. A privately paid caregiver | 21 | | does not include any caregiver that has been licensed, | 22 | | certified, or regulated by a State agency, or paid with public | 23 | | funds. | 24 | | "Significant" means a finding of abuse, neglect, or | 25 | | financial exploitation as determined by the Department that (i) | 26 | | represents a substantial meaningful failure to adequately |
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| 1 | | provide for, or a material indifference to, the financial, | 2 | | health, safety, or medical needs of an eligible adult or (ii) | 3 | | results in an eligible adult's death or other serious | 4 | | deterioration of an eligible adult's financial resources, | 5 | | physical condition, or mental condition. | 6 | | "Uncompensated caregiver" means a caregiver who, in an | 7 | | informal capacity, assists an eligible adult with activities of | 8 | | daily living, financial transactions, or chore housekeeping | 9 | | type duties. "Uncompensated caregiver" does not refer to an | 10 | | individual serving in a formal capacity as a volunteer with a | 11 | | provider licensed, certified, or regulated by a State agency. | 12 | | (c) Access to and use of the Registry. Access to the | 13 | | Registry shall be limited to the Department on Aging, the | 14 | | Department of Healthcare and Family Services, the Department of | 15 | | Human Services, and the Department of Public Health and | 16 | | providers of direct care as described in subsection (a-10) of | 17 | | this Section. These State agencies and providers licensed, | 18 | | certified, or regulated providers by the Department of Public | 19 | | Health, Healthcare and Family Service, or Human Services, or | 20 | | the Department on Aging. The State of Illinois, any Department | 21 | | thereof, or a provider licensed, certified, or regulated, or | 22 | | paid with public funds by, from, or on behalf of the Department | 23 | | of Public Health, Healthcare and Family Services, or Human | 24 | | Services, or the Department on Aging, shall not hire , or | 25 | | compensate , or utilize the services of any person seeking | 26 | | employment, retain any contractors, or accept any volunteers to |
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| 1 | | provide direct care without first conducting an online check of | 2 | | whether the person has been placed on the Registry the person | 3 | | through the Department of Public Health's Health Care Worker | 4 | | Registry . These State agencies and providers The provider shall | 5 | | maintain a copy of the results of the online check to | 6 | | demonstrate compliance with this requirement. These State | 7 | | agencies and providers are The provider is prohibited from | 8 | | retaining, hiring, compensating, or utilizing the services of | 9 | | accepting a person to provide direct care if , including as a | 10 | | consultant or volunteer, for whom the online check of the | 11 | | person reveals a verified and substantiated claim of | 12 | | significant abuse, neglect, or financial exploitation or when | 13 | | they otherwise gain knowledge of such a finding , to provide | 14 | | direct access to any adult aged 60 or older or any adult, over | 15 | | 18, with a disability. Additionally, a provider is prohibited | 16 | | from retaining a person for whom they gain knowledge of a | 17 | | verified and substantiated claim of abuse, neglect, or | 18 | | financial exploitation in a position that permits the caregiver | 19 | | direct access to provide direct care to any adult aged 60 or | 20 | | older or any adult, over 18, with a disability or direct access | 21 | | to that individual's living quarters or personal, financial, or | 22 | | medical records . Failure to comply with this requirement may | 23 | | subject such a provider to corrective action by the appropriate | 24 | | regulatory agency or other lawful remedies provided under the | 25 | | applicable licensure, certification, or regulatory laws and | 26 | | rules. |
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| 1 | | (d) Notice to caregiver. The Department on Aging shall
| 2 | | establish rules concerning notice to the caregiver in cases of | 3 | | a verified and substantiated finding of significant abuse, | 4 | | neglect, or financial exploitation against him or her . | 5 | | (e) Notification to eligible adults, guardians, or agents. | 6 | | As part of its investigation, the Department on Aging shall | 7 | | notify an eligible adult, or an eligible adult's guardian or | 8 | | agent, that his or her a caregiver's name may be placed on the | 9 | | Registry based on a finding as described in subsection (a-10) | 10 | | (a-1) of this Section. | 11 | | (f) Notification to employer. The Department on Aging shall | 12 | | notify the appropriate State agency or provider of direct care, | 13 | | when A provider licensed, certified, or regulated by the | 14 | | Department of Public Health, Healthcare and Family Services, or | 15 | | Human Services, or the Department on Aging shall be notified of | 16 | | an administrative finding against any caregiver who is an | 17 | | employee, consultant, or volunteer of a verified and | 18 | | substantiated finding decision of significant abuse, neglect, | 19 | | or financial exploitation of an eligible adult under this Act | 20 | | is made against a caregiver . If there is an imminent risk of | 21 | | danger to the eligible adult or an imminent risk of misuse of | 22 | | personal, medical, or financial information, the caregiver | 23 | | shall immediately be barred from providing direct care or | 24 | | having direct access to the eligible adult, his or her living | 25 | | quarters, or his or her personal, financial, or medical | 26 | | records, pending the outcome of any challenge, criminal |
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| 1 | | prosecution, or other type of collateral action. | 2 | | (g) Caregiver challenges. The Department on Aging
shall | 3 | | establish, by rule, procedures concerning caregiver challenges | 4 | | to placement on the Registry . | 5 | | (h) Caregiver's rights to collateral action. The | 6 | | Department on Aging shall not make any report to the Registry | 7 | | if a caregiver notifies the Department in writing , including | 8 | | any supporting documentation, that he or she is formally | 9 | | challenging an adverse employment action resulting from a | 10 | | verified and substantiated finding of significant abuse, | 11 | | neglect, or financial exploitation by complaint filed with the | 12 | | Illinois Civil Service Commission, or by another means which | 13 | | seeks to enforce the caregiver's rights pursuant to any | 14 | | applicable collective bargaining agreement. If an action taken | 15 | | by an employer against a caregiver as a result of a finding of | 16 | | significant abuse, neglect, or financial exploitation is | 17 | | overturned through an action filed with the Illinois Civil | 18 | | Service Commission or under any applicable collective | 19 | | bargaining agreement after that caregiver's name has already | 20 | | been sent to the Registry, the caregiver's name shall be | 21 | | removed from the Registry. | 22 | | (i) Removal from Registry. At any time after a report to | 23 | | the Registry, but no more than once in each successive 3-year | 24 | | period thereafter, for a maximum of 3 such requests, a | 25 | | caregiver may write to the Director of the Department on Aging | 26 | | to request removal of his or her name from the Registry in |
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| 1 | | relationship to a single incident. The caregiver shall bear the | 2 | | burden of establishing showing cause that establishes , by a | 3 | | preponderance of the evidence, that removal of his or her name | 4 | | from the Registry is in the public interest. Upon receiving | 5 | | such a request, the Department on Aging shall conduct an | 6 | | investigation and consider any evidentiary material provided. | 7 | | The Department shall issue a decision either granting or | 8 | | denying removal within 60 calendar days, and shall issue such | 9 | | decision to the caregiver and report it to the Registry. The | 10 | | waiver process at the Department of Public Health does not | 11 | | apply to Registry reports from the Department on Aging. The | 12 | | Department on Aging shall establish standards for requesting | 13 | | the removal of a name from the Registry by rule. | 14 | | (j) Referral of Registry reports to health care facilities. | 15 | | In the event an eligible adult receiving services from a | 16 | | provider agency changes his or her residence from a domestic | 17 | | living situation to that of a health care or long term care | 18 | | facility, the provider agency shall use reasonable efforts to | 19 | | promptly inform the health care facility and the appropriate | 20 | | Regional Long Term Care Ombudsman about any Registry reports | 21 | | relating to the eligible adult. For purposes of this Section, a | 22 | | health care and long term care facility includes, but is not | 23 | | limited to, any residential facility licensed, certified, or | 24 | | regulated by the Department of Public Health, Healthcare and | 25 | | Family Services, or Human Services.
| 26 | | (k) The Department on Aging shall have immunity from any |
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| 1 | | liability, civil or criminal, for reporting information to the | 2 | | Registry. | 3 | | (Source: P.A. 98-49, eff. 1-1-14; revised 11-12-13.)
| 4 | | (320 ILCS 20/8) (from Ch. 23, par. 6608)
| 5 | | Sec. 8. Access to records. All records concerning reports | 6 | | of abuse,
neglect, financial exploitation, or self-neglect and | 7 | | all records generated as a result of
such reports shall be | 8 | | confidential and shall not be disclosed except as
specifically | 9 | | authorized by this Act or other applicable law. In accord with | 10 | | established law and Department protocols, procedures, and | 11 | | policies, access to such
records, but not access to the | 12 | | identity of the person or persons making a
report of alleged | 13 | | abuse, neglect,
financial exploitation, or self-neglect as | 14 | | contained in
such records, shall be provided, upon request, to | 15 | | the following persons and for the following
persons:
| 16 | | (1) Department staff, provider agency staff, other | 17 | | aging network staff, and
regional administrative agency | 18 | | staff, including staff of the Chicago Department on Aging | 19 | | while that agency is designated as a regional | 20 | | administrative agency, in the furtherance of their
| 21 | | responsibilities under this Act;
| 22 | | (2) A law enforcement agency investigating known or | 23 | | suspected
abuse, neglect, financial exploitation, or | 24 | | self-neglect. Where a provider
agency has reason to believe | 25 | | that the
death of an eligible adult may be the result of |
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| 1 | | abuse or neglect, including any reports made after death, | 2 | | the agency
shall immediately provide the appropriate law | 3 | | enforcement agency with all
records pertaining to the | 4 | | eligible adult;
| 5 | | (2.5) A law enforcement agency, fire department | 6 | | agency, or fire protection district having proper | 7 | | jurisdiction pursuant to a written agreement between a | 8 | | provider agency and the law enforcement agency, fire | 9 | | department agency, or fire protection district under which | 10 | | the provider agency may furnish to the law enforcement | 11 | | agency, fire department agency, or fire protection | 12 | | district a list of all eligible adults who may be at | 13 | | imminent risk of abuse, neglect, financial exploitation, | 14 | | or self-neglect; | 15 | | (3) A physician who has before him or her or who is | 16 | | involved
in the treatment of an eligible adult whom he or | 17 | | she reasonably suspects
may be abused, neglected, | 18 | | financially exploited, or self-neglected or who has been
| 19 | | referred to the Adult Protective Services Program;
| 20 | | (4) An eligible adult reported to be abused,
neglected,
| 21 | | financially exploited, or self-neglected, or such adult's | 22 | | authorized guardian or agent, unless such
guardian or agent | 23 | | is the abuser or the alleged abuser; | 24 | | (4.5) An executor or administrator of the estate of an | 25 | | eligible adult who is deceased;
| 26 | | (5) In cases regarding abuse, neglect, or financial |
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| 1 | | exploitation, a court or a guardian ad litem, upon its or | 2 | | his or
her finding that access to such records may be
| 3 | | necessary for the determination of an issue before the | 4 | | court.
However,
such access shall be limited to an in | 5 | | camera inspection of the records,
unless the court | 6 | | determines that disclosure of the information contained
| 7 | | therein is necessary for the resolution of an issue then | 8 | | pending before it;
| 9 | | (5.5) In cases regarding self-neglect, a guardian ad | 10 | | litem;
| 11 | | (6) A grand jury, upon its determination that access to | 12 | | such
records is necessary in the conduct of its official | 13 | | business;
| 14 | | (7) Any person authorized by the Director, in writing, | 15 | | for
audit or bona fide research purposes;
| 16 | | (8) A coroner or medical examiner who has reason to | 17 | | believe
that an eligible adult has died as the result of | 18 | | abuse, neglect,
financial exploitation, or self-neglect. | 19 | | The provider agency shall immediately provide the
coroner
| 20 | | or medical examiner with all records pertaining to the | 21 | | eligible adult;
| 22 | | (8.5) A coroner or medical examiner having proper | 23 | | jurisdiction, pursuant to a written agreement between a | 24 | | provider agency and the coroner or medical examiner, under | 25 | | which the provider agency may furnish to the office of the | 26 | | coroner or medical examiner a list of all eligible adults |
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| 1 | | who may be at imminent risk of death as a result of abuse, | 2 | | neglect, financial exploitation, or self-neglect; | 3 | | (9) Department of Financial and Professional | 4 | | Regulation staff
and members of the Illinois Medical | 5 | | Disciplinary Board or the Social Work Examining and | 6 | | Disciplinary Board in the course
of investigating alleged | 7 | | violations of the Clinical Social Work and Social Work
| 8 | | Practice Act by provider agency staff or other licensing | 9 | | bodies at the discretion of the Director of the Department | 10 | | on Aging; | 11 | | (9-a) Department of Healthcare and Family Services | 12 | | staff when that Department is funding services to the | 13 | | eligible adult, including access to the identity of the | 14 | | eligible adult; | 15 | | (9-b) Department of Human Services staff when that | 16 | | Department is funding services to the eligible adult or is | 17 | | providing reimbursement for services provided by the | 18 | | abuser or alleged abuser, including access to the identity | 19 | | of the eligible adult; | 20 | | (10) Hearing officers in the course of conducting an | 21 | | administrative hearing under this Act; parties to such | 22 | | hearing shall be entitled to discovery as established by | 23 | | rule; to determine whether a verified and substantiated | 24 | | finding of significant abuse, neglect, or financial | 25 | | exploitation of an eligible adult by a caregiver warrants | 26 | | reporting to the Health Care Worker Registry; and
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| 1 | | (11) A caregiver who challenges placement on the | 2 | | Registry shall be given the statement of allegations in the | 3 | | abuse report and the substantiation decision in the final | 4 | | investigative report; and | 5 | | (12) (11) The Illinois Guardianship and Advocacy | 6 | | Commission and the agency designated by the Governor under | 7 | | Section 1 of the Protection and Advocacy for | 8 | | Developmentally Disabled Persons Act shall have access, | 9 | | through the Department, to records, including the | 10 | | findings, pertaining to a completed or closed | 11 | | investigation of a report of suspected abuse, neglect, | 12 | | financial exploitation, or self-neglect of an eligible | 13 | | adult. | 14 | | (Source: P.A. 97-864, eff. 1-1-13; 98-49, eff. 7-1-13.)
| 15 | | (320 ILCS 20/9) (from Ch. 23, par. 6609)
| 16 | | Sec. 9. Authority to consent to services.
| 17 | | (a) If an eligible adult
consents to an assessment of a | 18 | | reported incident of suspected abuse, neglect, financial | 19 | | exploitation, or self-neglect and, following the assessment of | 20 | | such report, consents to services being provided according
to | 21 | | the case plan, such services shall be arranged to meet the
| 22 | | adult's needs, based upon the availability of resources to | 23 | | provide such
services. If an adult withdraws his or her consent | 24 | | for an assessment of the reported incident or withdraws his or | 25 | | her consent for services and refuses to accept
such services, |
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| 1 | | the services shall not be provided.
| 2 | | (b) If it reasonably appears to the Department or other | 3 | | agency
designated under this Act that a person is an eligible | 4 | | adult and lacks the
capacity to consent to an assessment of a | 5 | | reported incident of suspected abuse, neglect, financial | 6 | | exploitation, or self-neglect or to necessary services, the
| 7 | | Department or other agency shall take appropriate action | 8 | | necessary to ameliorate risk to the eligible adult if there is | 9 | | a threat of ongoing harm or another emergency exists. The | 10 | | Department or other agency
shall be authorized to seek the | 11 | | notify the Illinois Guardianship and Advocacy Commission, the | 12 | | Office of State Guardian, or any other appropriate agency, of | 13 | | the potential need for appointment of a temporary guardian as | 14 | | provided in Article XIa
of the Probate Act of 1975 for the | 15 | | purpose of consenting to an assessment of the reported incident | 16 | | and such services, together with an order for an evaluation of | 17 | | the eligible adult's physical, psychological, and medical | 18 | | condition and decisional capacity.
| 19 | | (c) A guardian of the person of an eligible adult may | 20 | | consent to
an assessment of the reported incident and to | 21 | | services being provided according to the case plan. If an | 22 | | eligible adult lacks capacity to consent, an agent having | 23 | | authority under a power of attorney may consent to an | 24 | | assessment of the reported incident and to services. If the | 25 | | guardian or agent is the suspected abuser and he or she
| 26 | | withdraws consent for the assessment of the reported incident, |
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| 1 | | or refuses to allow services to be provided to
the
eligible | 2 | | adult, the Department, an agency designated under this Act, or | 3 | | the
office of the Attorney General may
request a court order | 4 | | seeking appropriate remedies, and may
in
addition request | 5 | | removal of the guardian and appointment of a successor
guardian | 6 | | or request removal of the agent and appointment of a guardian.
| 7 | | (d) If an emergency exists and the Department or other | 8 | | agency designated
under this Act reasonably believes that a | 9 | | person is an eligible adult and
lacks the capacity to consent | 10 | | to necessary services, the Department or
other agency may | 11 | | request an ex parte order from the circuit court of the
county | 12 | | in which the petitioner or respondent resides or in which the | 13 | | alleged
abuse, neglect, financial exploitation, or | 14 | | self-neglect occurred, authorizing
an
assessment of a report of | 15 | | alleged or suspected abuse, neglect,
financial exploitation, | 16 | | or self-neglect or the provision of necessary services, or
| 17 | | both,
including relief available under the Illinois Domestic | 18 | | Violence Act of 1986 in accord with established law and | 19 | | Department protocols, procedures, and policies.
Petitions | 20 | | filed under this subsection shall be treated as expedited
| 21 | | proceedings. When an eligible adult is at risk of serious | 22 | | injury or death and it reasonably appears that the eligible | 23 | | adult lacks capacity to consent to necessary services, the | 24 | | Department or other agency designated under this Act may take | 25 | | action necessary to ameliorate the risk in accordance with | 26 | | administrative rules promulgated by the Department.
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| 1 | | (d-5) For purposes of this Section, an eligible adult | 2 | | "lacks the capacity to consent" if qualified staff of an agency | 3 | | designated under this Act reasonably determine, in accordance | 4 | | with administrative rules promulgated by the Department, that | 5 | | he or she appears either (i) unable to receive and evaluate | 6 | | information related to the assessment or services or (ii) | 7 | | unable to communicate in any manner decisions related to the | 8 | | assessment of the reported incident or services. | 9 | | (e) Within 15 days after the entry of the ex parte | 10 | | emergency order, the
order shall expire, or, if the need for | 11 | | assessment of the reported incident or services continues, the
| 12 | | provider agency shall petition for the appointment of a | 13 | | guardian as provided in
Article XIa of the Probate Act of 1975 | 14 | | for the purpose of consenting to such
assessment or services or | 15 | | to protect the eligible adult from further harm.
| 16 | | (f) If the court enters an ex parte order under subsection | 17 | | (d) for an assessment of a reported incident of alleged or | 18 | | suspected abuse, neglect, financial exploitation, or | 19 | | self-neglect, or for the provision of necessary services in | 20 | | connection with alleged or suspected self-neglect, or for both, | 21 | | the court, as soon as is practicable thereafter, shall appoint | 22 | | a guardian ad litem for the eligible adult who is the subject | 23 | | of the order, for the purpose of reviewing the reasonableness | 24 | | of the order. The guardian ad litem shall review the order and, | 25 | | if the guardian ad litem reasonably believes that the order is | 26 | | unreasonable, the guardian ad litem shall file a petition with |
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| 1 | | the court stating the guardian ad litem's belief and requesting | 2 | | that the order be vacated.
| 3 | | (g) In all cases in which there is a substantiated finding | 4 | | of abuse, neglect, or financial exploitation by a guardian, the | 5 | | Department shall, within 30 days after the finding, notify the | 6 | | Probate Court with jurisdiction over the guardianship. | 7 | | (Source: P.A. 98-49, eff. 7-1-13.)
| 8 | | (320 ILCS 20/13)
| 9 | | Sec. 13. Access.
| 10 | | (a) In accord with established law and Department | 11 | | protocols, procedures, and policies, the designated provider | 12 | | agencies shall have access to
eligible adults who have been | 13 | | reported or found to be victims of abuse,
neglect,
financial | 14 | | exploitation, or self-neglect
in order to assess the validity | 15 | | of the
report, assess
other needs of the eligible adult, and | 16 | | provide services in accordance with this
Act.
| 17 | | (a-5) A representative of the Department or a designated | 18 | | provider agency that is actively involved in an abuse, neglect, | 19 | | financial exploitation, or self-neglect investigation under | 20 | | this Act shall be allowed access to the financial records, | 21 | | mental and physical health records, and other relevant | 22 | | evaluative records of the eligible adult which are in the | 23 | | possession of any individual, financial institution, health | 24 | | care provider, mental health provider, educational facility, | 25 | | or other facility if necessary to complete the investigation |
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| 1 | | mandated by this Act. The provider or facility shall provide | 2 | | such records to the representative upon receipt of a written | 3 | | request and certification from the Department or designated | 4 | | provider agency that an investigation is being conducted under | 5 | | this Act and that records are pertinent to the investigation. | 6 | | Any records received by such representative, the | 7 | | confidentiality of which is protected by another law or rule, | 8 | | shall be maintained as confidential, except for such use as may | 9 | | be necessary for any administrative or other legal proceeding. | 10 | | (b) Where access to an eligible adult is denied, including | 11 | | the refusal to provide requested records, the Office of the | 12 | | Attorney
General, the Department, or the provider agency may | 13 | | petition the court for an
order to require appropriate access | 14 | | where:
| 15 | | (1) a caregiver or third party has interfered with the | 16 | | assessment or
service plan, or
| 17 | | (2) the agency has reason to believe that the eligible | 18 | | adult is denying
access because of coercion, extortion, or | 19 | | justifiable fear of future abuse,
neglect, or financial | 20 | | exploitation.
| 21 | | (c) The petition for an order requiring appropriate access | 22 | | shall be afforded
an expedited hearing in the circuit court.
| 23 | | (d) If the provider agency has substantiated financial
| 24 | | exploitation against an eligible adult, and has documented a | 25 | | reasonable belief
that the eligible adult will be irreparably | 26 | | harmed as a result of the financial
exploitation, the Office of |
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| 1 | | the Attorney General, the Department, or the
provider agency | 2 | | may petition for an order freezing the assets of the eligible
| 3 | | adult. The petition shall be filed in the county or counties in | 4 | | which the
assets are located. The court's order shall prohibit | 5 | | the sale, gifting,
transfer, or wasting of the assets of the | 6 | | eligible adult, both real and
personal, owned by, or vested in, | 7 | | the eligible adult, without the express
permission of the | 8 | | court. The petition to freeze the assets of the eligible
adult | 9 | | shall be afforded an expedited hearing in the circuit court.
| 10 | | (Source: P.A. 96-526, eff. 1-1-10.)
| 11 | | (320 ILCS 20/15) | 12 | | Sec. 15. Abuse Fatality Review Teams. | 13 | | (a) State policy. | 14 | | (1) Both the State and the community maintain a | 15 | | commitment to preventing the abuse, neglect, and financial | 16 | | exploitation of at-risk adults. This includes a charge to | 17 | | bring perpetrators of crimes against at-risk adults to | 18 | | justice and prevent untimely deaths in the community. | 19 | | (2) When an at-risk adult dies, the response to the | 20 | | death by the community, law enforcement, and the State must | 21 | | include an accurate and complete determination of the cause | 22 | | of death, and the development and implementation of | 23 | | measures to prevent future deaths from similar causes. | 24 | | (3) Multidisciplinary and multi-agency reviews of | 25 | | deaths can assist the State and counties in developing a |
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| 1 | | greater understanding of the incidence and causes of | 2 | | premature deaths and the methods for preventing those | 3 | | deaths, improving methods for investigating deaths, and | 4 | | identifying gaps in services to at-risk adults. | 5 | | (4) Access to information regarding the deceased | 6 | | person and his or her family by multidisciplinary and | 7 | | multi-agency at-risk adult fatality review teams is | 8 | | necessary in order to fulfill their purposes and duties. | 9 | | (a-5) Definitions. As used in this Section: | 10 | | "Advisory Council" means the Illinois At-Risk Adult | 11 | | Fatality Review Team Advisory Council. | 12 | | "Review Team" means a regional interagency at-risk | 13 | | adult fatality review team. | 14 | | (b) The Director, in consultation with the Advisory | 15 | | Council, law enforcement, and other professionals who work in | 16 | | the fields of investigating, treating, or preventing abuse or | 17 | | neglect of at-risk adults, shall appoint members to a minimum | 18 | | of one review team in each of the Department's planning and | 19 | | service areas. Each member of a review team shall be appointed | 20 | | for a 2-year term and shall be eligible for reappointment upon | 21 | | the expiration of the term. A review team's purpose in | 22 | | conducting review of at-risk adult deaths is: (i) to assist | 23 | | local agencies in identifying and reviewing suspicious deaths | 24 | | of adult victims of alleged, suspected, or substantiated abuse | 25 | | or neglect in domestic living situations; (ii) to facilitate | 26 | | communications between officials responsible for autopsies and |
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| 1 | | inquests and persons involved in reporting or investigating | 2 | | alleged or suspected cases of abuse, neglect, or financial | 3 | | exploitation of at-risk adults and persons involved in | 4 | | providing services to at-risk adults; (iii) to evaluate means | 5 | | by which the death might have been prevented; and (iv) to | 6 | | report its findings to the appropriate agencies and the | 7 | | Advisory Council and make recommendations that may help to | 8 | | reduce the number of at-risk adult deaths caused by abuse and | 9 | | neglect and that may help to improve the investigations of | 10 | | deaths of at-risk adults and increase prosecutions, if | 11 | | appropriate. | 12 | | (b-5) Each such team shall be composed of representatives | 13 | | of entities and individuals including, but not limited to: | 14 | | (1) the Department on Aging; | 15 | | (2) coroners or medical examiners (or both); | 16 | | (3) State's Attorneys; | 17 | | (4) local police departments; | 18 | | (5) forensic units; | 19 | | (6) local health departments; | 20 | | (7) a social service or health care agency that | 21 | | provides services to persons with mental illness, in a | 22 | | program whose accreditation to provide such services is | 23 | | recognized by the Division of Mental Health within the | 24 | | Department of Human Services; | 25 | | (8) a social service or health care agency that | 26 | | provides services to persons with developmental |
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| 1 | | disabilities, in a program whose accreditation to provide | 2 | | such services is recognized by the Division of | 3 | | Developmental Disabilities within the Department of Human | 4 | | Services; | 5 | | (9) a local hospital, trauma center, or provider of | 6 | | emergency medicine; | 7 | | (10) providers of services for eligible adults in | 8 | | domestic living situations; and | 9 | | (11) a physician, psychiatrist, or other health care | 10 | | provider knowledgeable about abuse and neglect of at-risk | 11 | | adults. | 12 | | (c) A review team shall review cases of deaths of at-risk | 13 | | adults occurring in its planning and service area (i) involving | 14 | | blunt force trauma or an undetermined manner or suspicious | 15 | | cause of death, (ii) if requested by the deceased's attending | 16 | | physician or an emergency room physician, (iii) upon referral | 17 | | by a health care provider, (iv) upon referral by a coroner or | 18 | | medical examiner, (v) constituting an open or closed case from | 19 | | an adult protective services agency, law enforcement agency, | 20 | | State's Attorney's office, or the Department of Human Services' | 21 | | Office of the Inspector General that involves alleged or | 22 | | suspected abuse, neglect, or financial exploitation; or
(vi) | 23 | | upon referral by a law enforcement agency or State's Attorney's | 24 | | office. If such a death occurs in a planning and service area | 25 | | where a review team has not yet been established, the Director | 26 | | shall request that the Advisory Council or another review team |
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| 1 | | review that death. A team may also review deaths of at-risk | 2 | | adults if the alleged abuse or neglect occurred while the | 3 | | person was residing in a domestic living situation. | 4 | | A review team shall meet not less than 6 times a year to | 5 | | discuss cases for its possible review. Each review team, with | 6 | | the advice and consent of the Department, shall establish | 7 | | criteria to be used in discussing cases of alleged, suspected, | 8 | | or substantiated abuse or neglect for review and shall conduct | 9 | | its activities in accordance with any applicable policies and | 10 | | procedures established by the Department. | 11 | | (c-5) The Illinois At-Risk Adult Fatality Review Team Teams | 12 | | Advisory Council, consisting of one member from each review | 13 | | team in Illinois, shall be the coordinating and oversight body | 14 | | for review teams and activities in Illinois. The Director may | 15 | | appoint to the Advisory Council any ex-officio members deemed | 16 | | necessary. Persons with expertise needed by the Advisory | 17 | | Council may be invited to meetings. The Advisory Council must | 18 | | select from its members a chairperson and a vice-chairperson, | 19 | | each to serve a 2-year term. The chairperson or | 20 | | vice-chairperson may be selected to serve additional, | 21 | | subsequent terms. The Advisory Council must meet at least 4 | 22 | | times during each calendar year. | 23 | | The Department may provide or arrange for the staff support | 24 | | necessary for the Advisory Council to carry out its duties. The | 25 | | Director, in cooperation and consultation with the Advisory | 26 | | Council, shall appoint, reappoint, and remove review team |
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| 1 | | members. | 2 | | The Advisory Council has, but is not limited to, the | 3 | | following duties: | 4 | | (1) To serve as the voice of review teams in Illinois. | 5 | | (2) To oversee the review teams in order to ensure that | 6 | | the review teams' work is coordinated and in compliance | 7 | | with State statutes and the operating protocol. | 8 | | (3) To ensure that the data, results, findings, and | 9 | | recommendations of the review teams are adequately used in | 10 | | a timely manner to make any necessary changes to the | 11 | | policies, procedures, and State statutes in order to | 12 | | protect at-risk adults. | 13 | | (4) To collaborate with the Department in order to | 14 | | develop any legislation needed to prevent unnecessary | 15 | | deaths of at-risk adults. | 16 | | (5) To ensure that the review teams' review processes | 17 | | are standardized in order to convey data, findings, and | 18 | | recommendations in a usable format. | 19 | | (6) To serve as a link with review teams throughout the | 20 | | country and to participate in national review team | 21 | | activities. | 22 | | (7) To provide the review teams with the most current | 23 | | information and practices concerning at-risk adult death | 24 | | review and related topics. | 25 | | (8) To perform any other functions necessary to enhance | 26 | | the capability of the review teams to reduce and prevent |
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| 1 | | at-risk adult fatalities. | 2 | | The Advisory Council may prepare an annual report, in | 3 | | consultation with the Department, using aggregate data | 4 | | gathered by review teams and using the review teams' | 5 | | recommendations to develop education, prevention, prosecution, | 6 | | or other strategies designed to improve the coordination of | 7 | | services for at-risk adults and their families. | 8 | | In any instance where a review team does not operate in | 9 | | accordance with established protocol, the Director, in | 10 | | consultation and cooperation with the Advisory Council, must | 11 | | take any necessary actions to bring the review team into | 12 | | compliance with the protocol. | 13 | | (d) Any document or oral or written communication shared | 14 | | within or produced by the review team relating to a case | 15 | | discussed or reviewed by the review team is confidential and is | 16 | | not admissible as evidence in any civil or criminal proceeding, | 17 | | except for use by a State's Attorney's office in prosecuting a | 18 | | criminal case against a caregiver. Those records and | 19 | | information are, however, subject to discovery or subpoena, and | 20 | | are admissible as evidence, to the extent they are otherwise | 21 | | available to the public. | 22 | | Any document or oral or written communication provided to a | 23 | | review team by an individual or entity, and created by that | 24 | | individual or entity solely for the use of the review team, is | 25 | | confidential, is not subject to disclosure to or discoverable | 26 | | by another party, and is not admissible as evidence in any |
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| 1 | | civil or criminal proceeding, except for use by a State's | 2 | | Attorney's office in prosecuting a criminal case against a | 3 | | caregiver. Those records and information are, however, subject | 4 | | to discovery or subpoena, and are admissible as evidence, to | 5 | | the extent they are otherwise available to the public. | 6 | | Each entity or individual represented on the abuse fatality | 7 | | review team may share with other members of the team | 8 | | information in the entity's or individual's possession | 9 | | concerning the decedent who is the subject of the review or | 10 | | concerning any person who was in contact with the decedent, as | 11 | | well as any other information deemed by the entity or | 12 | | individual to be pertinent to the review. Any such information | 13 | | shared by an entity or individual with other members of the | 14 | | review team is confidential. The intent of this paragraph is to | 15 | | permit the disclosure to members of the review team of any | 16 | | information deemed confidential or privileged or prohibited | 17 | | from disclosure by any other provision of law. Release of | 18 | | confidential communication between domestic violence advocates | 19 | | and a domestic violence victim shall follow subsection (d) of | 20 | | Section 227 of the Illinois Domestic Violence Act of 1986 which | 21 | | allows for the waiver of privilege afforded to guardians, | 22 | | executors, or administrators of the estate of the domestic | 23 | | violence victim. This provision relating to the release of | 24 | | confidential communication between domestic violence advocates | 25 | | and a domestic violence victim shall exclude adult protective | 26 | | service providers.
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| 1 | | A coroner's or medical examiner's office may share with the | 2 | | review team medical records that have been made available to | 3 | | the coroner's or medical examiner's office in connection with | 4 | | that office's investigation of a death. | 5 | | Members of a review team and the Advisory Council are not | 6 | | subject to examination, in any civil or criminal proceeding, | 7 | | concerning information presented to members of the review team | 8 | | or the Advisory Council or opinions formed by members of the | 9 | | review team or the Advisory Council based on that information. | 10 | | A person may, however, be examined concerning information | 11 | | provided to a review team or the Advisory Council. | 12 | | (d-5) Meetings of the review teams and the Advisory Council | 13 | | may be closed to the public under the Open Meetings Act. | 14 | | Records and information provided to a review team and the | 15 | | Advisory Council, and records maintained by a team or the | 16 | | Advisory Council, are exempt from release under the Freedom of | 17 | | Information Act. | 18 | | (e) A review team's recommendation in relation to a case | 19 | | discussed or reviewed by the review team, including, but not | 20 | | limited to, a recommendation concerning an investigation or | 21 | | prosecution, may be disclosed by the review team upon the | 22 | | completion of its review and at the discretion of a majority of | 23 | | its members who reviewed the case. | 24 | | (e-5) The State shall indemnify and hold harmless members | 25 | | of a review team and the Advisory Council for all their acts, | 26 | | omissions, decisions, or other conduct arising out of the scope |
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| 1 | | of their service on the review team or Advisory Council, except | 2 | | those involving willful or wanton misconduct. The method of | 3 | | providing indemnification shall be as provided in the State | 4 | | Employee Indemnification Act. | 5 | | (f) The Department, in consultation with coroners, medical | 6 | | examiners, and law enforcement agencies, shall use aggregate | 7 | | data gathered by and recommendations from the Advisory Council | 8 | | and the review teams to create an annual report and may use | 9 | | those data and recommendations to develop education, | 10 | | prevention, prosecution, or other strategies designed to | 11 | | improve the coordination of services for at-risk adults and | 12 | | their families. The Department or other State or county agency, | 13 | | in consultation with coroners, medical examiners, and law | 14 | | enforcement agencies, also may use aggregate data gathered by | 15 | | the review teams to create a database of at-risk individuals.
| 16 | | (g) The Department shall adopt such rules and regulations | 17 | | as it deems necessary to implement this Section. | 18 | | (Source: P.A. 98-49, eff. 7-1-13.)
| 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law.".
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