Illinois General Assembly - Full Text of SB0855
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Full Text of SB0855  103rd General Assembly


Sen. Laura Fine

Filed: 3/24/2023





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2    AMENDMENT NO. ______. Amend Senate Bill 855 by replacing
3everything after the enacting clause with the following:
4    "Section 1. This Act may be referred to as the Residential
5Facility Safety and Support Act.
6    Section 5. The Department of Human Services Act is amended
7by changing Section 1-17 as follows:
8    (20 ILCS 1305/1-17)
9    Sec. 1-17. Inspector General.
10    (a) Nature and purpose. It is the express intent of the
11General Assembly to ensure the health, safety, and financial
12condition of individuals receiving services in this State due
13to mental illness, developmental disability, or both by
14protecting those persons from acts of abuse, neglect, or both
15by service providers. To that end, the Office of the Inspector



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1General for the Department of Human Services is created to
2investigate and report upon allegations of the abuse, neglect,
3or financial exploitation of individuals receiving services
4within mental health facilities, developmental disabilities
5facilities, and community agencies operated, licensed, funded,
6or certified by the Department of Human Services, but not
7licensed or certified by any other State agency.
8    (b) Definitions. The following definitions apply to this
10    "Agency" or "community agency" means (i) a community
11agency licensed, funded, or certified by the Department, but
12not licensed or certified by any other human services agency
13of the State, to provide mental health service or
14developmental disabilities service, or (ii) a program
15licensed, funded, or certified by the Department, but not
16licensed or certified by any other human services agency of
17the State, to provide mental health service or developmental
18disabilities service.
19    "Aggravating circumstance" means a factor that is
20attendant to a finding and that tends to compound or increase
21the culpability of the accused.
22    "Allegation" means an assertion, complaint, suspicion, or
23incident involving any of the following conduct by an
24employee, facility, or agency against an individual or
25individuals: mental abuse, physical abuse, sexual abuse,
26neglect, or financial exploitation.



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1    "Day" means working day, unless otherwise specified.
2    "Deflection" means a situation in which an individual is
3presented for admission to a facility or agency, and the
4facility staff or agency staff do not admit the individual.
5"Deflection" includes triage, redirection, and denial of
7    "Department" means the Department of Human Services.
8    "Developmental disability" means "developmental
9disability" as defined in the Mental Health and Developmental
10Disabilities Code.
11    "Egregious neglect" means a finding of neglect as
12determined by the Inspector General that (i) represents a
13gross failure to adequately provide for, or a callused
14indifference to, the health, safety, or medical needs of an
15individual and (ii) results in an individual's death or other
16serious deterioration of an individual's physical condition or
17mental condition.
18    "Employee" means any person who provides services at the
19facility or agency on-site or off-site. The service
20relationship can be with the individual or with the facility
21or agency. Also, "employee" includes any employee or
22contractual agent of the Department of Human Services or the
23community agency involved in providing or monitoring or
24administering mental health or developmental disability
25services. This includes but is not limited to: owners,
26operators, payroll personnel, contractors, subcontractors, and



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2    "Facility" or "State-operated facility" means a mental
3health facility or developmental disabilities facility
4operated by the Department.
5    "Financial exploitation" means taking unjust advantage of
6an individual's assets, property, or financial resources
7through deception, intimidation, or conversion for the
8employee's, facility's, or agency's own advantage or benefit.
9    "Finding" means the Office of Inspector General's
10determination regarding whether an allegation is
11substantiated, unsubstantiated, or unfounded.
12    "Health Care Worker Registry" or "Registry" means the
13Health Care Worker Registry under the Health Care Worker
14Background Check Act.
15    "Individual" means any person receiving mental health
16service, developmental disabilities service, or both from a
17facility or agency, while either on-site or off-site.
18    "Material obstruction of an investigation" means the
19purposeful interference with an investigation of physical
20abuse, sexual abuse, mental abuse, neglect, or financial
21exploitation and includes, but is not limited to, the
22withholding or altering of documentation or recorded evidence;
23influencing, threatening, or impeding witness testimony;
24presenting untruthful information during an interview; failing
25to cooperate with an investigation conducted by the Office of
26the Inspector General. If an employee, following a criminal



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1investigation of physical abuse, sexual abuse, mental abuse,
2neglect, or financial exploitation, is convicted of an offense
3that is factually predicated on the employee presenting
4untruthful information during the course of the investigation,
5that offense constitutes obstruction of an investigation.
6Obstruction of an investigation does not include: an
7employee's lawful exercising of his or her constitutional
8right against self-incrimination, an employee invoking his or
9her lawful rights to union representation as provided by a
10collective bargaining agreement or the Illinois Public Labor
11Relations Act, or a union representative's lawful activities
12providing representation under a collective bargaining
13agreement or the Illinois Public Labor Relations Act.
14Obstruction of an investigation is considered material when it
15could significantly impair an investigator's ability to gather
16all relevant facts. An employee shall not be placed on the
17Health Care Worker Registry for presenting untruthful
18information during an interview conducted by the Office of the
19Inspector General, unless, prior to the interview, the
20employee was provided with any previous signed statements he
21or she made during the course of the investigation.
22    "Mental abuse" means the use of demeaning, intimidating,
23or threatening words, signs, gestures, or other actions by an
24employee about an individual and in the presence of an
25individual or individuals that results in emotional distress
26or maladaptive behavior, or could have resulted in emotional



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1distress or maladaptive behavior, for any individual present.
2    "Mental illness" means "mental illness" as defined in the
3Mental Health and Developmental Disabilities Code.
4    "Mentally ill" means having a mental illness.
5    "Mitigating circumstance" means a condition that (i) is
6attendant to a finding, (ii) does not excuse or justify the
7conduct in question, but (iii) may be considered in evaluating
8the severity of the conduct, the culpability of the accused,
9or both the severity of the conduct and the culpability of the
11    "Neglect" means an employee's, agency's, or facility's
12failure to provide adequate medical care, personal care, or
13maintenance and that, as a consequence, (i) causes an
14individual pain, injury, or emotional distress, (ii) results
15in either an individual's maladaptive behavior or the
16deterioration of an individual's physical condition or mental
17condition, or (iii) places the individual's health or safety
18at substantial risk.
19    "Person with a developmental disability" means a person
20having a developmental disability.
21    "Physical abuse" means an employee's non-accidental and
22inappropriate contact with an individual that causes bodily
23harm. "Physical abuse" includes actions that cause bodily harm
24as a result of an employee directing an individual or person to
25physically abuse another individual.
26    "Presenting untruthful information" means making a false



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1statement, material to an investigation of physical abuse,
2sexual abuse, mental abuse, neglect, or financial
3exploitation, knowing the statement is false.
4    "Recommendation" means an admonition, separate from a
5finding, that requires action by the facility, agency, or
6Department to correct a systemic issue, problem, or deficiency
7identified during an investigation.
8    "Required reporter" means any employee who suspects,
9witnesses, or is informed of an allegation of any one or more
10of the following: mental abuse, physical abuse, sexual abuse,
11neglect, or financial exploitation.
12    "Secretary" means the Chief Administrative Officer of the
14    "Sexual abuse" means any sexual contact or intimate
15physical contact between an employee and an individual,
16including an employee's coercion or encouragement of an
17individual to engage in sexual behavior that results in sexual
18contact, intimate physical contact, sexual behavior, or
19intimate physical behavior. Sexual abuse also includes (i) an
20employee's actions that result in the sending or showing of
21sexually explicit images to an individual via computer,
22cellular phone, electronic mail, portable electronic device,
23or other media with or without contact with the individual or
24(ii) an employee's posting of sexually explicit images of an
25individual online or elsewhere whether or not there is contact
26with the individual.



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1    "Sexually explicit images" includes, but is not limited
2to, any material which depicts nudity, sexual conduct, or
3sado-masochistic abuse, or which contains explicit and
4detailed verbal descriptions or narrative accounts of sexual
5excitement, sexual conduct, or sado-masochistic abuse.
6    "Substantiated" means there is a preponderance of the
7evidence to support the allegation.
8    "Unfounded" means there is no credible evidence to support
9the allegation.
10    "Unsubstantiated" means there is credible evidence, but
11less than a preponderance of evidence to support the
13    (c) Appointment. The Governor shall appoint, and the
14Senate shall confirm, an Inspector General. The Inspector
15General shall be appointed for a term of 4 years and shall
16function within the Department of Human Services and report to
17the Secretary and the Governor.
18    (d) Operation and appropriation. The Inspector General
19shall function independently within the Department with
20respect to the operations of the Office, including the
21performance of investigations and issuance of findings and
22recommendations. The appropriation for the Office of Inspector
23General shall be separate from the overall appropriation for
24the Department.
25    (e) Powers and duties. The Inspector General shall
26investigate reports of suspected mental abuse, physical abuse,



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1sexual abuse, neglect, or financial exploitation of
2individuals in any mental health or developmental disabilities
3facility or agency and shall have authority to take immediate
4action to prevent any one or more of the following from
5happening to individuals under its jurisdiction: mental abuse,
6physical abuse, sexual abuse, neglect, or financial
7exploitation. Upon written request of an agency of this State,
8the Inspector General may assist another agency of the State
9in investigating reports of the abuse, neglect, or abuse and
10neglect of persons with mental illness, persons with
11developmental disabilities, or persons with both. To comply
12with the requirements of subsection (k) of this Section, the
13Inspector General shall also review all reportable deaths for
14which there is no allegation of abuse or neglect. Nothing in
15this Section shall preempt any duties of the Medical Review
16Board set forth in the Mental Health and Developmental
17Disabilities Code. The Inspector General shall have no
18authority to investigate alleged violations of the State
19Officials and Employees Ethics Act. Allegations of misconduct
20under the State Officials and Employees Ethics Act shall be
21referred to the Office of the Governor's Executive Inspector
22General for investigation.
23    (f) Limitations. The Inspector General shall not conduct
24an investigation within an agency or facility if that
25investigation would be redundant to or interfere with an
26investigation conducted by another State agency. The Inspector



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1General shall have no supervision over, or involvement in, the
2routine programmatic, licensing, funding, or certification
3operations of the Department. Nothing in this subsection
4limits investigations by the Department that may otherwise be
5required by law or that may be necessary in the Department's
6capacity as central administrative authority responsible for
7the operation of the State's mental health and developmental
8disabilities facilities.
9    (g) Rulemaking authority. The Inspector General shall
10promulgate rules establishing minimum requirements for
11reporting allegations as well as for initiating, conducting,
12and completing investigations based upon the nature of the
13allegation or allegations. The rules shall clearly establish
14that if 2 or more State agencies could investigate an
15allegation, the Inspector General shall not conduct an
16investigation that would be redundant to, or interfere with,
17an investigation conducted by another State agency. The rules
18shall further clarify the method and circumstances under which
19the Office of Inspector General may interact with the
20licensing, funding, or certification units of the Department
21in preventing further occurrences of mental abuse, physical
22abuse, sexual abuse, neglect, egregious neglect, and financial
24    (h) Training programs. The Inspector General shall (i)
25establish a comprehensive program to ensure that every person
26authorized to conduct investigations receives ongoing training



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1relative to investigation techniques, communication skills,
2and the appropriate means of interacting with persons
3receiving treatment for mental illness, developmental
4disability, or both mental illness and developmental
5disability, and (ii) establish and conduct periodic training
6programs for facility and agency employees concerning the
7prevention and reporting of any one or more of the following:
8mental abuse, physical abuse, sexual abuse, neglect, egregious
9neglect, or financial exploitation. The Inspector General
10shall further ensure (i) every person authorized to conduct
11investigations at community agencies receives ongoing training
12in Title 59, Parts 115, 116, and 119 of the Illinois
13Administrative Code, and (ii) every person authorized to
14conduct investigations shall receive ongoing training in Title
1559, Part 50 of the Illinois Administrative Code. Nothing in
16this Section shall be deemed to prevent the Office of
17Inspector General from conducting any other training as
18determined by the Inspector General to be necessary or
20    (i) Duty to cooperate.
21        (1) The Inspector General shall at all times be
22    granted access to any facility or agency for the purpose
23    of investigating any allegation, conducting unannounced
24    site visits, monitoring compliance with a written
25    response, or completing any other statutorily assigned
26    duty. The Inspector General shall conduct unannounced site



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1    visits to each facility at least annually for the purpose
2    of 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)
13    providing false information to an Office of the Inspector
14    General Investigator during an investigation, (iii)
15    colluding with other employees to cover up evidence, (iv)
16    colluding with other employees to provide false
17    information to an Office of the Inspector General
18    investigator, (v) destroying evidence, (vi) withholding
19    evidence, or (vii) otherwise obstructing an Office of the
20    Inspector General investigation. Additionally, any
21    employee who, during an unannounced site visit or written
22    response compliance check, fails to cooperate with
23    requests from the Office of the Inspector General is in
24    violation of this Act.
25    (j) Subpoena powers. The Inspector General shall have the
26power to subpoena witnesses and compel the production of all



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



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1        (2) Deaths. Absent an allegation, a required reporter
2    shall, within 24 hours after initial discovery, report by
3    phone to the Office of the Inspector General hotline each
4    of the following:
5            (i) Any death of an individual occurring within 14
6        calendar days after discharge or transfer of the
7        individual from a residential program or facility.
8            (ii) Any death of an individual occurring within
9        24 hours after deflection from a residential program
10        or facility.
11            (iii) Any other death of an individual occurring
12        at an agency or facility or at any Department-funded
13        site.
14        (3) Retaliation. It is a violation of this Act for any
15    employee or administrator of an agency or facility to take
16    retaliatory action against an employee who acts in good
17    faith in conformance with his or her duties as a required
18    reporter.
19    (l) Reporting to law enforcement. Reporting criminal acts.
20Within 24 hours after determining that there is credible
21evidence indicating that a criminal act may have been
22committed or that special expertise may be required in an
23investigation, the Inspector General shall notify the Illinois
24State Police or other appropriate law enforcement authority,
25or ensure that such notification is made. The Illinois State
26Police shall investigate any report from a State-operated



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1facility indicating a possible murder, sexual assault, or
2other felony by an employee. All investigations conducted by
3the Inspector General shall be conducted in a manner designed
4to ensure the preservation of evidence for possible use in a
5criminal prosecution.
6    (m) Investigative reports. Upon completion of an
7investigation, the Office of Inspector General shall issue an
8investigative report identifying whether the allegations are
9substantiated, unsubstantiated, or unfounded. Within 10
10business days after the transmittal of a completed
11investigative report substantiating an allegation, finding an
12allegation is unsubstantiated, or if a recommendation is made,
13the Inspector General shall provide the investigative report
14on the case to the Secretary and to the director of the
15facility or agency where any one or more of the following
16occurred: mental abuse, physical abuse, sexual abuse, neglect,
17egregious neglect, or financial exploitation, or material
18obstruction of an investigation. The director of the facility
19or agency shall be responsible for maintaining the
20confidentiality of the investigative report consistent with
21State and federal law. In a substantiated case, the
22investigative report shall include any mitigating or
23aggravating circumstances that were identified during the
24investigation. If the case involves substantiated neglect, the
25investigative report shall also state whether egregious
26neglect was found. An investigative report may also set forth



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1recommendations. All investigative reports prepared by the
2Office of the Inspector General shall be considered
3confidential and shall not be released except as provided by
4the law of this State or as required under applicable federal
5law. Unsubstantiated and unfounded reports shall not be
6disclosed except as allowed under Section 6 of the Abused and
7Neglected Long Term Care Facility Residents Reporting Act. Raw
8data used to compile the investigative report shall not be
9subject to release unless required by law or a court order.
10"Raw data used to compile the investigative report" includes,
11but is not limited to, any one or more of the following: the
12initial complaint, witness statements, photographs,
13investigator's notes, police reports, or incident reports. If
14the allegations are substantiated, the victim, the victim's
15guardian, and the accused shall be provided with a redacted
16copy of the investigative report. Death reports where there
17was no allegation of abuse or neglect shall only be released
18pursuant to applicable State or federal law or a valid court
19order. Unredacted investigative reports, as well as raw data,
20may be shared with a local law enforcement entity, a State's
21Attorney's office, or a county coroner's office upon written
23    (n) Written responses, clarification requests, and
24reconsideration requests.
25        (1) Written responses. Within 30 calendar days from
26    receipt of a substantiated investigative report or an



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1    investigative report which contains recommendations,
2    absent a reconsideration request, the facility or agency
3    shall file a written response that addresses, in a concise
4    and reasoned manner, the actions taken to: (i) protect the
5    individual; (ii) prevent recurrences; and (iii) eliminate
6    the problems identified. The response shall include the
7    implementation and completion dates of such actions. If
8    the written response is not filed within the allotted 30
9    calendar day period, the Secretary shall determine the
10    appropriate corrective action to be taken.
11        (2) Requests for clarification. The facility, agency,
12    victim or guardian, or the subject employee may request
13    that the Office of Inspector General clarify the finding
14    or findings for which clarification is sought.
15        (3) Requests for reconsideration. The facility,
16    agency, victim or guardian, or the subject employee may
17    request that the Office of the Inspector General
18    reconsider the finding or findings or the recommendations.
19    A request for reconsideration shall be subject to a
20    multi-layer review and shall include at least one reviewer
21    who did not participate in the investigation or approval
22    of the original investigative report. After the
23    multi-layer review process has been completed, the
24    Inspector General shall make the final determination on
25    the reconsideration request. The investigation shall be
26    reopened if the reconsideration determination finds that



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



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



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1Illinois Attorney General or the office of any State's
2Attorney in implementing sanctions.
3    (s) Health Care Worker Registry.
4        (1) Reporting to the Registry. The Inspector General
5    shall report to the Department of Public Health's Health
6    Care Worker Registry, a public registry, the identity and
7    finding of each employee of a facility or agency against
8    whom there is a final investigative report prepared by the
9    Office of the Inspector General containing a substantiated
10    allegation of physical or sexual abuse, financial
11    exploitation, or egregious neglect of an individual, or
12    material obstruction of an investigation, unless the
13    Inspector General requests a stipulated disposition of the
14    investigative report that does not include the reporting
15    of the employee's name to the Health Care Worker Registry
16    and the Secretary of Human Services agrees with the
17    requested stipulated disposition.
18        (2) Notice to employee. Prior to reporting the name of
19    an employee, the employee shall be notified of the
20    Department's obligation to report and shall be granted an
21    opportunity to request an administrative hearing, the sole
22    purpose of which is to determine if the substantiated
23    finding warrants reporting to the Registry. Notice to the
24    employee shall contain a clear and concise statement of
25    the grounds on which the report to the Registry is based,
26    offer the employee an opportunity for a hearing, and



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



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



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1    agreement and if that employee's name has already been
2    sent to the Registry, the employee's name shall be removed
3    from the Registry.
4        (6) Removal from Registry. At any time after the
5    report to the Registry, but no more than once in any
6    12-month period, an employee may petition the Department
7    in writing to remove his or her name from the Registry.
8    Upon receiving notice of such request, the Inspector
9    General shall conduct an investigation into the petition.
10    Upon receipt of such request, an administrative hearing
11    will be set by the Department. At the hearing, the
12    employee shall bear the burden of presenting evidence that
13    establishes, by a preponderance of the evidence, that
14    removal of the name from the Registry is in the public
15    interest. The parties may jointly request that the
16    administrative law judge consider a stipulated disposition
17    of these proceedings.
18    (t) Review of Administrative Decisions. The Department
19shall preserve a record of all proceedings at any formal
20hearing conducted by the Department involving Health Care
21Worker Registry hearings. Final administrative decisions of
22the Department are subject to judicial review pursuant to
23provisions of the Administrative Review Law.
24    (u) Quality Care Board. There is created, within the
25Office of the Inspector General, a Quality Care Board to be
26composed of 7 members appointed by the Governor with the



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



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1neglect and abuse. In fulfilling these responsibilities, the
2Board may do the following:
3        (1) Provide independent, expert consultation to the
4    Inspector General on policies and protocols for
5    investigations of alleged abuse, neglect, or both abuse
6    and neglect.
7        (2) Review existing regulations relating to the
8    operation of facilities.
9        (3) Advise the Inspector General as to the content of
10    training activities authorized under this Section.
11        (4) Recommend policies concerning methods for
12    improving the intergovernmental relationships between the
13    Office of the Inspector General and other State or federal
14    offices.
15    (v) Annual report. The Inspector General shall provide to
16the General Assembly and the Governor, no later than January 1
17of each year, a summary of reports and investigations made
18under this Act for the prior fiscal year with respect to
19individuals receiving mental health or developmental
20disabilities services. The report shall detail the imposition
21of sanctions, if any, and the final disposition of any
22corrective or administrative action directed by the Secretary.
23The summaries shall not contain any confidential or
24identifying information of any individual, but shall include
25objective data identifying any trends in the number of
26reported allegations, the timeliness of the Office of the



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1Inspector General's investigations, and their disposition, for
2each facility and Department-wide, for the most recent 3-year
3time period. The report shall also identify, by facility, the
4staff-to-patient ratios taking account of direct care staff
5only. The report shall also include detailed recommended
6administrative actions and matters for consideration by the
7General Assembly.
8    (w) Program audit. The Auditor General shall conduct a
9program audit of the Office of the Inspector General on an
10as-needed basis, as determined by the Auditor General. The
11audit shall specifically include the Inspector General's
12compliance with the Act and effectiveness in investigating
13reports of allegations occurring in any facility or agency.
14The Auditor General shall conduct the program audit according
15to the provisions of the Illinois State Auditing Act and shall
16report its findings to the General Assembly no later than
17January 1 following the audit period.
18    (x) Nothing in this Section shall be construed to mean
19that an individual is a victim of abuse or neglect because of
20health care services appropriately provided or not provided by
21health care professionals.
22    (y) Nothing in this Section shall require a facility,
23including its employees, agents, medical staff members, and
24health care professionals, to provide a service to an
25individual in contravention of that individual's stated or
26implied objection to the provision of that service on the



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1ground that that service conflicts with the individual's
2religious beliefs or practices, nor shall the failure to
3provide a service to an individual be considered abuse under
4this Section if the individual has objected to the provision
5of that service based on his or her religious beliefs or
7(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21;
8102-883, eff. 5-13-22; 102-1071, eff. 6-10-22; revised
10    Section 10. The Mental Health and Developmental
11Disabilities Administrative Act is amended by changing Section
127.3 as follows:
13    (20 ILCS 1705/7.3)
14    Sec. 7.3. Health Care Worker Registry; finding of abuse or
15neglect. The Department shall require that no facility,
16service agency, or support agency providing mental health or
17developmental disability services that is licensed, certified,
18operated, or funded by the Department shall employ a person,
19in any capacity, who is identified by the Health Care Worker
20Registry as having been the subject of a substantiated finding
21of physical abuse, sexual abuse, financial exploitation,
22egregious neglect, or material obstruction of an investigation
23abuse or neglect of a service recipient. Any owner or operator
24of a community agency who is identified by the Health Care



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1Worker Registry as having been the subject of a substantiated
2finding of physical abuse, sexual abuse, financial
3exploitation, egregious neglect, or material obstruction of an
4investigation abuse or neglect of a service recipient is
5prohibited from any involvement in any capacity with the
6provision of Department funded mental health or developmental
7disability services. The Department shall establish and
8maintain the rules that are necessary or appropriate to
9effectuate the intent of this Section. The provisions of this
10Section shall not apply to any facility, service agency, or
11support agency licensed or certified by a State agency other
12than the Department, unless operated by the Department of
13Human Services.
14(Source: P.A. 100-432, eff. 8-25-17.)
15    Section 15. The Health Care Worker Background Check Act is
16amended by changing Section 25 as follows:
17    (225 ILCS 46/25)
18    Sec. 25. Hiring of people with criminal records by health
19care employers and long-term care facilities.
20    (a) A health care employer or long-term care facility may
21hire, employ, or retain any individual in a position involving
22direct care for clients, patients, or residents, or access to
23the living quarters or the financial, medical, or personal
24records of clients, patients, or residents who has been



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1convicted of committing or attempting to commit one or more of
2the following offenses only with a waiver described in Section
340: those defined in Sections 8-1(b), 8-1.1, 8-1.2, 9-1,
49-1.2, 9-2, 9-2.1, 9-3, 9-3.1, 9-3.2, 9-3.3, 9-3.4, 10-1,
510-2, 10-3, 10-3.1, 10-4, 10-5, 10-7, 11-1.20, 11-1.30,
611-1.40, 11-1.50, 11-1.60, 11-6, 11-9.1, 11-9.2, 11-9.3,
711-9.4-1, 11-9.5, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1,
812-2, 12-3.05, 12-3.1, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-4.2,
912-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-7.4, 12-11, 12-13,
1012-14, 12-14.1, 12-15, 12-16, 12-19, 12-20.5, 12-21, 12-21.5,
1112-21.6, 12-32, 12-33, 12C-5, 12C-10, 16-1, 16-1.3, 16-25,
1216A-3, 17-3, 17-56, 18-1, 18-2, 18-3, 18-4, 18-5, 19-1, 19-3,
1319-4, 19-6, 20-1, 20-1.1, 24-1, 24-1.2, 24-1.5, 24-1.8,
1424-3.8, or 33A-2, or subdivision (a)(4) of Section 11-14.4, or
15in subsection (a) of Section 12-3 or subsection (a) or (b) of
16Section 12-4.4a, of the Criminal Code of 1961 or the Criminal
17Code of 2012; those provided in Section 4 of the Wrongs to
18Children Act; those provided in Section 53 of the Criminal
19Jurisprudence Act; those defined in subsection (c), (d), (e),
20(f), or (g) of Section 5 or Section 5.1, 5.2, 7, or 9 of the
21Cannabis Control Act; those defined in the Methamphetamine
22Control and Community Protection Act; those defined in
23Sections 401, 401.1, 404, 405, 405.1, 407, or 407.1 of the
24Illinois Controlled Substances Act; or subsection (a) of
25Section 3.01, Section 3.02, or Section 3.03 of the Humane Care
26for Animals Act.



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1    (a-1) A health care employer or long-term care facility
2may hire, employ, or retain any individual in a position
3involving direct care for clients, patients, or residents, or
4access to the living quarters or the financial, medical, or
5personal records of clients, patients, or residents who has
6been convicted of committing or attempting to commit one or
7more of the following offenses only with a waiver described in
8Section 40: those offenses defined in Section 12-3.3,
912-4.2-5, 16-2, 16-30, 16G-15, 16G-20, 17-33, 17-34, 17-36,
1017-44, 18-5, 20-1.2, 24-1.1, 24-1.2-5, 24-1.6, 24-3.2, or
1124-3.3, or subsection (b) of Section 17-32, subsection (b) of
12Section 18-1, or subsection (b) of Section 20-1, of the
13Criminal Code of 1961 or the Criminal Code of 2012; Section 4,
145, 6, 8, or 17.02 of the Illinois Credit Card and Debit Card
15Act; or Section 11-9.1A of the Criminal Code of 1961 or the
16Criminal Code of 2012 or Section 5.1 of the Wrongs to Children
17Act; or (ii) violated Section 50-50 of the Nurse Practice Act.
18    A health care employer is not required to retain an
19individual in a position with duties involving direct care for
20clients, patients, or residents, and no long-term care
21facility is required to retain an individual in a position
22with duties that involve or may involve contact with residents
23or access to the living quarters or the financial, medical, or
24personal records of residents, who has been convicted of
25committing or attempting to commit one or more of the offenses
26enumerated in this subsection.



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1    (b) A health care employer shall not hire, employ, or
2retain, whether paid or on a volunteer basis, any individual
3in a position with duties involving direct care of clients,
4patients, or residents, and no long-term care facility shall
5knowingly hire, employ, or retain, whether paid or on a
6volunteer basis, any individual in a position with duties that
7involve or may involve contact with residents or access to the
8living quarters or the financial, medical, or personal records
9of residents, if the health care employer becomes aware that
10the individual has been convicted in another state of
11committing or attempting to commit an offense that has the
12same or similar elements as an offense listed in subsection
13(a) or (a-1), as verified by court records, records from a
14state agency, or an FBI criminal history record check, unless
15the applicant or employee obtains a waiver pursuant to Section
1640 of this Act. This shall not be construed to mean that a
17health care employer has an obligation to conduct a criminal
18history records check in other states in which an employee has
20    (c) A health care employer shall not hire, employ, or
21retain, whether paid or on a volunteer basis, any individual
22in a position with duties involving direct care of clients,
23patients, or residents, who has a finding by the Department of
24abuse, neglect, misappropriation of property, or theft denoted
25on the Health Care Worker Registry.
26    (d) A health care employer shall not hire, employ, or



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1retain, whether paid or on a volunteer basis, any individual
2in a position with duties involving direct care of clients,
3patients, or residents if the individual has a verified and
4substantiated finding of abuse, neglect, or financial
5exploitation, as identified within the Adult Protective
6Service Registry established under Section 7.5 of the Adult
7Protective Services Act.
8    (e) A health care employer shall not hire, employ, or
9retain, whether paid or on a volunteer basis, any individual
10in a position with duties involving direct care of clients,
11patients, or residents who has a finding by the Department of
12Human Services denoted on the Health Care Worker Registry of
13physical or sexual abuse, financial exploitation, or egregious
14neglect, or material obstruction of an investigation of an
15individual denoted on the Health Care Worker Registry.
16(Source: P.A. 99-872, eff. 1-1-17; 100-432, eff. 8-25-17.)
17    Section 99. Effective date. This Act takes effect upon
18becoming law.".