Full Text of HB2858 103rd General Assembly
HB2858enr 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning aging.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Act on the Aging is amended by | 5 | | changing Section 4.04 as follows:
| 6 | | (20 ILCS 105/4.04) (from Ch. 23, par. 6104.04)
| 7 | | Sec. 4.04. Long Term Care Ombudsman Program. The purpose | 8 | | of the Long Term Care Ombudsman Program is to ensure that older | 9 | | persons and persons with disabilities receive quality | 10 | | services. This is accomplished by providing advocacy services | 11 | | for residents of long term care facilities and participants | 12 | | receiving home care and community-based care. Managed care is | 13 | | increasingly becoming the vehicle for delivering health and | 14 | | long-term services and supports to seniors and persons with | 15 | | disabilities, including dual eligible participants. The | 16 | | additional ombudsman authority will allow advocacy services to | 17 | | be provided to Illinois participants for the first time and | 18 | | will produce a cost savings for the State of Illinois by | 19 | | supporting the rebalancing efforts of the Patient Protection | 20 | | and Affordable Care Act.
| 21 | | (a) Long Term Care Ombudsman Program. The Department shall
| 22 | | establish a Long Term Care Ombudsman Program, through the | 23 | | Office of State
Long Term Care Ombudsman ("the Office"), in |
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| 1 | | accordance with the provisions of
the Older Americans Act of | 2 | | 1965, as now or hereafter amended. The Long Term Care | 3 | | Ombudsman Program is authorized, subject to sufficient | 4 | | appropriations, to advocate on behalf of older persons and | 5 | | persons with disabilities residing in their own homes or | 6 | | community-based settings, relating to matters which may | 7 | | adversely affect the health, safety, welfare, or rights of | 8 | | such individuals.
| 9 | | (b) Definitions. As used in this Section, unless the | 10 | | context requires
otherwise:
| 11 | | (1) "Access" means the right to:
| 12 | | (i) Enter any long term care facility or assisted | 13 | | living or shared
housing establishment or supportive | 14 | | living facility;
| 15 | | (ii) Communicate privately and without restriction | 16 | | with any resident, regardless of age,
who consents to | 17 | | the communication;
| 18 | | (iii) Seek consent to communicate privately and | 19 | | without restriction
with any participant or resident, | 20 | | regardless of age;
| 21 | | (iv) Inspect and copy the clinical and other | 22 | | records of a participant or resident, regardless of | 23 | | age, with the
express written consent of the | 24 | | participant or resident;
| 25 | | (v) Observe all areas of the long term care | 26 | | facility or supportive
living facilities, assisted |
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| 1 | | living or shared housing establishment except the
| 2 | | living area of any resident who protests the | 3 | | observation; and
| 4 | | (vi) Subject to permission of the participant or | 5 | | resident requesting services or his or her | 6 | | representative, enter a home or community-based | 7 | | setting. | 8 | | (2) "Long Term Care Facility" means (i) any facility | 9 | | as defined by Section
1-113 of the Nursing Home Care Act, | 10 | | as now or hereafter amended; (ii) any
skilled nursing | 11 | | facility or a nursing facility which meets the
| 12 | | requirements of Section 1819(a), (b), (c), and (d) or | 13 | | Section 1919(a), (b),
(c), and (d) of the Social Security | 14 | | Act, as now or hereafter amended (42
U.S.C. 1395i-3(a), | 15 | | (b), (c), and (d) and 42 U.S.C. 1396r(a), (b), (c), and
| 16 | | (d)); (iii) any facility as defined by Section 1-113 of | 17 | | the ID/DD Community Care Act, as now or hereafter amended; | 18 | | (iv) any facility as defined by Section 1-113 of MC/DD | 19 | | Act, as now or hereafter amended; and (v) any facility | 20 | | licensed under Section 4-105 or 4-201 of the Specialized | 21 | | Mental Health Rehabilitation Act of 2013, as now or | 22 | | hereafter amended.
| 23 | | (2.5) "Assisted living establishment" and "shared | 24 | | housing establishment"
have the meanings given those terms | 25 | | in Section 10 of the Assisted Living and
Shared Housing | 26 | | Act.
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| 1 | | (2.7) "Supportive living facility" means a facility | 2 | | established under
Section 5-5.01a of the Illinois Public | 3 | | Aid Code.
| 4 | | (2.8) "Community-based setting" means any place of | 5 | | abode other than an individual's private home. | 6 | | (3) "State Long Term Care Ombudsman" means any person | 7 | | employed by the
Department to fulfill
the requirements of | 8 | | the Office of State Long Term Care Ombudsman as
required | 9 | | under the Older Americans Act of 1965, as now or hereafter | 10 | | amended,
and Departmental policy.
| 11 | | (3.1) "Ombudsman" means any designated representative | 12 | | of the State Long Term Care Ombudsman Program; provided | 13 | | that the representative, whether he is
paid for or | 14 | | volunteers his ombudsman services, shall be qualified and
| 15 | | designated by the Office to perform the duties of an | 16 | | ombudsman as specified by
the Department in rules and in | 17 | | accordance with the provisions of
the Older Americans Act | 18 | | of 1965, as now or hereafter amended.
| 19 | | (4) "Participant" means an older person aged 60 or | 20 | | over or an adult with a disability aged 18 through 59 who | 21 | | is eligible for services under any of the following: | 22 | | (i) A medical assistance waiver administered by | 23 | | the State. | 24 | | (ii) A managed care organization providing care | 25 | | coordination and other services to seniors and persons | 26 | | with disabilities. |
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| 1 | | (5) "Resident" means an older person aged 60 or over | 2 | | or an adult with a disability aged 18 through 59 who | 3 | | resides in a long-term care facility. | 4 | | (c) Ombudsman; rules. The Office of State Long Term Care | 5 | | Ombudsman shall
be composed of at least one full-time | 6 | | ombudsman and shall include a system of
designated regional | 7 | | long term care ombudsman programs. Each regional program
shall | 8 | | be designated by the State Long Term Care Ombudsman as a | 9 | | subdivision of
the Office and any representative of a regional | 10 | | program shall be treated as a
representative of the Office.
| 11 | | The Department, in consultation with the Office, shall | 12 | | promulgate
administrative rules in accordance with the | 13 | | provisions of the Older Americans
Act of 1965, as now or | 14 | | hereafter amended, to establish the responsibilities of
the | 15 | | Department and the Office of State Long Term Care Ombudsman | 16 | | and the
designated regional Ombudsman programs. The | 17 | | administrative rules shall include
the responsibility of the | 18 | | Office and designated regional programs to
investigate and | 19 | | resolve complaints made by or on behalf of residents of long
| 20 | | term care facilities, supportive living facilities, and | 21 | | assisted living and
shared housing establishments, and | 22 | | participants residing in their own homes or community-based | 23 | | settings, including the option to serve residents and | 24 | | participants under the age of 60, relating to actions, | 25 | | inaction, or
decisions of providers, or their representatives, | 26 | | of such
facilities and establishments, of public agencies, or |
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| 1 | | of social services agencies,
which may adversely affect the | 2 | | health, safety, welfare, or rights of such
residents and | 3 | | participants. The Office and designated regional programs may | 4 | | represent all residents and participants, but are not required | 5 | | by this Act to represent persons under 60 years of age, except | 6 | | to the extent required by federal law.
When necessary and | 7 | | appropriate, representatives of the Office shall refer
| 8 | | complaints to the appropriate regulatory State agency.
The | 9 | | Department, in consultation with the Office, shall cooperate | 10 | | with the
Department of Human Services and other State agencies | 11 | | in providing information and training to
designated regional | 12 | | long term care ombudsman programs about the appropriate
| 13 | | assessment and treatment (including information about | 14 | | appropriate supportive
services, treatment options, and | 15 | | assessment of rehabilitation potential) of the participants | 16 | | they serve. | 17 | | The State Long Term Care Ombudsman and all other | 18 | | ombudsmen, as defined in paragraph (3.1) of subsection (b) | 19 | | must submit to background checks under the Health Care Worker | 20 | | Background Check Act and receive training, as prescribed by | 21 | | the Illinois Department on Aging, before visiting facilities, | 22 | | private homes, or community-based settings. The training must | 23 | | include information specific to assisted living | 24 | | establishments, supportive living facilities, shared housing | 25 | | establishments, private homes, and community-based settings | 26 | | and to the rights of residents and participants guaranteed |
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| 1 | | under the corresponding Acts and administrative rules.
| 2 | | (c-5) Consumer Choice Information Reports. The Office | 3 | | shall: | 4 | | (1) In collaboration with the Attorney General, create | 5 | | a Consumer Choice Information Report form to be completed | 6 | | by all licensed long term care facilities to aid | 7 | | Illinoisans and their families in making informed choices | 8 | | about long term care. The Office shall create a Consumer | 9 | | Choice Information Report for each type of licensed long | 10 | | term care facility. The Office shall collaborate with the | 11 | | Attorney General and the Department of Human Services to | 12 | | create a Consumer Choice Information Report form for | 13 | | facilities licensed under the ID/DD Community Care Act or | 14 | | the MC/DD Act. | 15 | | (2) Develop a database of Consumer Choice Information | 16 | | Reports completed by licensed long term care facilities | 17 | | that includes information in the following consumer | 18 | | categories: | 19 | | (A) Medical Care, Services, and Treatment. | 20 | | (B) Special Services and Amenities. | 21 | | (C) Staffing. | 22 | | (D) Facility Statistics and Resident Demographics. | 23 | | (E) Ownership and Administration. | 24 | | (F) Safety and Security. | 25 | | (G) Meals and Nutrition. | 26 | | (H) Rooms, Furnishings, and Equipment. |
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| 1 | | (I) Family, Volunteer, and Visitation Provisions. | 2 | | (3) Make this information accessible to the public, | 3 | | including on the Internet by means of a hyperlink on the | 4 | | Office's World Wide Web home page. Information about | 5 | | facilities licensed under the ID/DD Community Care Act or | 6 | | the MC/DD Act shall be made accessible to the public by the | 7 | | Department of Human Services, including on the Internet by | 8 | | means of a hyperlink on the Department of Human Services' | 9 | | "For Customers" website. | 10 | | (4) Have the authority, with the Attorney General, to | 11 | | verify that information provided by a facility is | 12 | | accurate. | 13 | | (5) Request a new report from any licensed facility | 14 | | whenever it deems necessary.
| 15 | | (6) Include in the Office's Consumer Choice
| 16 | | Information Report for each type of licensed long term | 17 | | care
facility additional information on each licensed long | 18 | | term
care facility in the State of Illinois, including
| 19 | | information regarding each facility's compliance with the
| 20 | | relevant State and federal statutes, rules, and standards;
| 21 | | customer satisfaction surveys; and information generated
| 22 | | from quality measures developed by the Centers for | 23 | | Medicare
and Medicaid Services. | 24 | | (d) Access and visitation rights.
| 25 | | (1) In accordance with subparagraphs (A) and (E) of | 26 | | paragraph (3) of
subsection (c) of Section 1819
and |
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| 1 | | subparagraphs (A) and (E) of paragraph (3) of subsection | 2 | | (c) of Section
1919 of the Social Security Act, as now or | 3 | | hereafter amended (42 U.S.C.
1395i-3 (c)(3)(A) and (E) and | 4 | | 42 U.S.C. 1396r (c)(3)(A) and (E)), and
Section
712 of the | 5 | | Older Americans Act of 1965, as now or hereafter
amended | 6 | | (42 U.S.C. 3058f), a long term care facility, supportive | 7 | | living
facility, assisted living
establishment, and shared | 8 | | housing establishment must:
| 9 | | (i) permit immediate access to any resident, | 10 | | regardless of age, by a designated
ombudsman;
| 11 | | (ii) permit representatives of the Office, with | 12 | | the permission of the resident, the
resident's legal | 13 | | representative , or the resident's legal guardian, to | 14 | | examine and copy a resident's
clinical and other | 15 | | records, regardless of the age of the resident, and if | 16 | | a resident is unable to consent to such
review, and has | 17 | | no legal guardian, permit representatives of the | 18 | | Office
appropriate access, as defined by the | 19 | | Department, in consultation with the
Office, in | 20 | | administrative rules, to the resident's records; and
| 21 | | (iii) permit a representative of the Program to | 22 | | communicate privately and without restriction with any | 23 | | participant who consents to the communication | 24 | | regardless of the consent of, or withholding of | 25 | | consent by, a legal guardian or an agent named in a | 26 | | power of attorney executed by the participant. |
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| 1 | | (2) Each long term care facility, supportive living | 2 | | facility, assisted
living establishment, and
shared | 3 | | housing establishment shall display, in multiple, | 4 | | conspicuous
public places within the facility accessible | 5 | | to both visitors and residents and
in an easily readable | 6 | | format, the address and phone number of the Office of the
| 7 | | Long Term Care Ombudsman, in a manner prescribed by the | 8 | | Office.
| 9 | | (e) Immunity. An ombudsman or any representative of the | 10 | | Office participating
in the good faith performance of his or | 11 | | her official duties
shall have immunity from any liability | 12 | | (civil, criminal or otherwise) in
any proceedings (civil, | 13 | | criminal or otherwise) brought as a consequence of
the | 14 | | performance of his official duties.
| 15 | | (f) Business offenses.
| 16 | | (1) No person shall:
| 17 | | (i) Intentionally prevent, interfere with, or | 18 | | attempt to impede in any
way any representative of the | 19 | | Office in the performance of his
official
duties under | 20 | | this Act and the Older Americans Act of 1965; or
| 21 | | (ii) Intentionally retaliate, discriminate | 22 | | against, or effect reprisals
against any long term | 23 | | care facility resident or employee for contacting or
| 24 | | providing information to any representative of the | 25 | | Office.
| 26 | | (2) A violation of this Section is a business offense, |
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| 1 | | punishable by a
fine not to exceed $501.
| 2 | | (3) The State Long Term Care Ombudsman shall
notify | 3 | | the State's Attorney of the
county in which the long term | 4 | | care facility, supportive living facility, or
assisted | 5 | | living or shared housing establishment is located,
or the | 6 | | Attorney General, of any violations of this Section.
| 7 | | (g) Confidentiality of records and identities. The | 8 | | Department shall
establish procedures for the disclosure by | 9 | | the State Ombudsman or the regional
ombudsmen
entities of | 10 | | files maintained by the program. The procedures shall provide | 11 | | that
the files and records may be disclosed only at the | 12 | | discretion of the State Long
Term Care
Ombudsman or the person | 13 | | designated by the State Ombudsman to disclose the files
and | 14 | | records, and the procedures shall prohibit the disclosure of | 15 | | the identity
of any complainant, resident, participant, | 16 | | witness, or employee of a long term care provider
unless:
| 17 | | (1) the complainant, resident, participant, witness, | 18 | | or employee of a long term care
provider or his or her | 19 | | legal representative consents to the disclosure and the
| 20 | | consent is in writing;
| 21 | | (2) the complainant, resident, participant, witness, | 22 | | or employee of a long term care
provider gives consent | 23 | | orally; and the consent is documented contemporaneously
in | 24 | | writing in
accordance with such requirements as the | 25 | | Department shall establish; or
| 26 | | (3) the disclosure is required by court order.
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| 1 | | (h) Legal representation. The Attorney General shall
| 2 | | provide legal representation to any representative of the | 3 | | Office
against
whom suit or other legal action is brought in | 4 | | connection with the
performance of the representative's | 5 | | official duties, in accordance with the
State Employee | 6 | | Indemnification Act.
| 7 | | (i) Treatment by prayer and spiritual means. Nothing in | 8 | | this Act shall
be construed to authorize or require the | 9 | | medical supervision, regulation
or control of remedial care or | 10 | | treatment of any resident in a long term
care facility | 11 | | operated exclusively by and for members or adherents of any
| 12 | | church or religious denomination the tenets and practices of | 13 | | which include
reliance solely upon spiritual means through | 14 | | prayer for healing.
| 15 | | (j) The Long Term Care Ombudsman Fund is created as a | 16 | | special fund in the State treasury to receive moneys for the | 17 | | express purposes of this Section. All interest earned on | 18 | | moneys in the fund shall be credited to the fund. Moneys | 19 | | contained in the fund shall be used to support the purposes of | 20 | | this Section. | 21 | | (k) Each Regional Ombudsman may, in accordance with rules | 22 | | promulgated by the Office, establish a multi-disciplinary team | 23 | | to act in an advisory role for the purpose of providing | 24 | | professional knowledge and expertise in handling complex | 25 | | abuse, neglect, and advocacy issues involving participants. | 26 | | Each multi-disciplinary team may consist of one or more |
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| 1 | | volunteer representatives from any combination of at least 7 | 2 | | members from the following professions: banking or finance; | 3 | | disability care; health care; pharmacology; law; law | 4 | | enforcement; emergency responder; mental health care; clergy; | 5 | | coroner or medical examiner; substance abuse; domestic | 6 | | violence; sexual assault; or other related fields. To support | 7 | | multi-disciplinary teams in this role, law enforcement | 8 | | agencies and coroners or medical examiners shall supply | 9 | | records as may be requested in particular cases. The Regional | 10 | | Ombudsman, or his or her designee, of the area in which the | 11 | | multi-disciplinary team is created shall be the facilitator of | 12 | | the multi-disciplinary team. | 13 | | (Source: P.A. 102-1033, eff. 1-1-23 .)
| 14 | | Section 10. The Adult Protective Services Act is amended | 15 | | by changing Sections 2, 4, 4.1, 4.2, 5, and 8 as follows:
| 16 | | (320 ILCS 20/2) (from Ch. 23, par. 6602)
| 17 | | Sec. 2. Definitions. As used in this Act, unless the | 18 | | context
requires otherwise:
| 19 | | (a) "Abandonment" means the desertion or willful forsaking | 20 | | of an eligible adult by an individual responsible for the care | 21 | | and custody of that eligible adult under circumstances in | 22 | | which a reasonable person would continue to provide care and | 23 | | custody. Nothing in this Act shall be construed to mean that an | 24 | | eligible adult is a victim of abandonment because of health |
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| 1 | | care services provided or not provided by licensed health care | 2 | | professionals. | 3 | | (a-1) "Abuse" means causing any physical, mental or sexual | 4 | | injury to an
eligible adult, including exploitation of such | 5 | | adult's financial resources, and abandonment.
| 6 | | Nothing in this Act shall be construed to mean that an | 7 | | eligible adult is a
victim of abuse, abandonment, neglect, or | 8 | | self-neglect for the sole reason that he or she is being
| 9 | | furnished with or relies upon treatment by spiritual means | 10 | | through prayer
alone, in accordance with the tenets and | 11 | | practices of a recognized church
or religious denomination.
| 12 | | Nothing in this Act shall be construed to mean that an | 13 | | eligible adult is a
victim of abuse because of health care | 14 | | services provided or not provided by
licensed health care | 15 | | professionals.
| 16 | | Nothing in this Act shall be construed to mean that an
| 17 | | eligible adult is a victim of abuse in cases of criminal
| 18 | | activity by strangers, telemarketing scams, consumer fraud,
| 19 | | internet fraud, home repair disputes, complaints against a
| 20 | | homeowners' association, or complaints between landlords and
| 21 | | tenants. | 22 | | (a-5) "Abuser" means a person who is a family member,
| 23 | | caregiver, or another person who has a continuing relationship
| 24 | | with the eligible adult and abuses, abandons, neglects, or | 25 | | financially
exploits an eligible adult.
| 26 | | (a-6) "Adult with disabilities" means a person aged 18 |
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| 1 | | through 59 who resides in a domestic living situation and | 2 | | whose disability as defined in subsection (c-5) impairs his or | 3 | | her ability to seek or obtain protection from abuse, | 4 | | abandonment, neglect, or exploitation. | 5 | | (a-7) "Caregiver" means a person who either as a result of | 6 | | a family
relationship, voluntarily, or in exchange for | 7 | | compensation has assumed
responsibility for all or a portion | 8 | | of the care of an eligible adult who needs
assistance with | 9 | | activities of daily
living or instrumental activities of daily | 10 | | living.
| 11 | | (b) "Department" means the Department on Aging of the | 12 | | State of Illinois.
| 13 | | (c) "Director" means the Director of the Department.
| 14 | | (c-5) "Disability" means a physical or mental disability, | 15 | | including, but not limited to, a developmental disability, an | 16 | | intellectual disability, a mental illness as defined under the | 17 | | Mental Health and Developmental Disabilities Code, or dementia | 18 | | as defined under the Alzheimer's Disease Assistance Act. | 19 | | (d) "Domestic living situation" means a residence where | 20 | | the eligible
adult at the time of the report lives alone or | 21 | | with his or her family or a caregiver, or others,
or other | 22 | | community-based unlicensed facility, but
is not:
| 23 | | (1) A licensed facility as defined in Section 1-113 of | 24 | | the Nursing Home
Care Act;
| 25 | | (1.5) A facility licensed under the ID/DD Community | 26 | | Care Act; |
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| 1 | | (1.6) A facility licensed under the MC/DD Act; | 2 | | (1.7) A facility licensed under the Specialized Mental | 3 | | Health Rehabilitation Act of 2013; | 4 | | (2) A "life care facility" as defined in the Life Care | 5 | | Facilities Act;
| 6 | | (3) A home, institution, or other place operated by | 7 | | the federal
government or agency thereof or by the State | 8 | | of Illinois;
| 9 | | (4) A hospital, sanitarium, or other institution, the | 10 | | principal activity
or business of which is the diagnosis, | 11 | | care, and treatment of human illness
through the | 12 | | maintenance and operation of organized facilities | 13 | | therefor,
which is required to be licensed under the | 14 | | Hospital Licensing Act;
| 15 | | (5) A "community living facility" as defined in the | 16 | | Community Living
Facilities Licensing Act;
| 17 | | (6) (Blank);
| 18 | | (7) A "community-integrated living arrangement" as | 19 | | defined in
the Community-Integrated Living Arrangements | 20 | | Licensure and Certification Act or a "community | 21 | | residential alternative" as licensed under that Act;
| 22 | | (8) An assisted living or shared housing establishment | 23 | | as defined in the Assisted Living and Shared Housing Act; | 24 | | or
| 25 | | (9) A supportive living facility as described in | 26 | | Section 5-5.01a of the Illinois Public Aid Code.
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| 1 | | (e) "Eligible adult" means either an adult with | 2 | | disabilities aged 18 through 59 or a person aged 60 or older | 3 | | who
resides in a domestic living situation and is, or is | 4 | | alleged
to be, abused, abandoned, neglected, or financially | 5 | | exploited by another individual or who neglects himself or | 6 | | herself. "Eligible adult" also includes an adult who resides | 7 | | in any of the facilities that are excluded from the definition | 8 | | of "domestic living situation" under paragraphs (1) through | 9 | | (9) of subsection (d), if either: (i) the alleged abuse, | 10 | | abandonment, or neglect occurs outside of the facility and not | 11 | | under facility supervision and the alleged abuser is a family | 12 | | member, caregiver, or another person who has a continuing | 13 | | relationship with the adult; or (ii) the alleged financial | 14 | | exploitation is perpetrated by a family member, caregiver, or | 15 | | another person who has a continuing relationship with the | 16 | | adult, but who is not an employee of the facility where the | 17 | | adult resides.
| 18 | | (f) "Emergency" means a situation in which an eligible | 19 | | adult is living
in conditions presenting a risk of death or | 20 | | physical, mental or sexual
injury and the provider agency has | 21 | | reason to believe the eligible adult is
unable to
consent to | 22 | | services which would alleviate that risk.
| 23 | | (f-1) "Financial exploitation" means the use of an | 24 | | eligible adult's resources by another to the disadvantage of | 25 | | that adult or the profit or advantage of a person other than | 26 | | that adult. |
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| 1 | | (f-3) "Investment advisor" means any person required to
| 2 | | register as an investment adviser or investment adviser
| 3 | | representative under Section 8 of the Illinois Securities Law
| 4 | | of 1953, which for purposes of this Act excludes any bank,
| 5 | | trust company, savings bank, or credit union, or their
| 6 | | respective employees. | 7 | | (f-5) "Mandated reporter" means any of the following | 8 | | persons
while engaged in carrying out their professional | 9 | | duties:
| 10 | | (1) a professional or professional's delegate while | 11 | | engaged in: (i) social
services, (ii) law enforcement, | 12 | | (iii) education, (iv) the care of an eligible
adult or | 13 | | eligible adults, or (v) any of the occupations required to | 14 | | be licensed
under the Behavior Analyst Licensing Act,
the | 15 | | Clinical Psychologist Licensing Act, the Clinical Social | 16 | | Work and Social
Work Practice Act, the Illinois Dental | 17 | | Practice Act, the Dietitian Nutritionist Practice Act, the | 18 | | Marriage and Family Therapy Licensing Act, the
Medical | 19 | | Practice Act of 1987, the Naprapathic Practice Act, the
| 20 | | Nurse Practice Act, the Nursing Home
Administrators | 21 | | Licensing and
Disciplinary Act, the Illinois Occupational | 22 | | Therapy Practice Act, the Illinois
Optometric Practice Act | 23 | | of 1987, the Pharmacy Practice Act, the
Illinois Physical | 24 | | Therapy Act, the Physician Assistant Practice Act of 1987,
| 25 | | the Podiatric Medical Practice Act of 1987, the | 26 | | Respiratory Care Practice
Act,
the Professional Counselor |
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| 1 | | and
Clinical Professional Counselor Licensing and Practice | 2 | | Act, the Illinois Speech-Language
Pathology and Audiology | 3 | | Practice Act, the Veterinary Medicine and Surgery
Practice | 4 | | Act of 2004, and the Illinois Public Accounting Act;
| 5 | | (1.5) an employee of an entity providing developmental | 6 | | disabilities services or service coordination funded by | 7 | | the Department of Human Services; | 8 | | (2) an employee of a vocational rehabilitation | 9 | | facility prescribed or
supervised by the Department of | 10 | | Human Services;
| 11 | | (3) an administrator, employee, or person providing | 12 | | services in or through
an unlicensed community based | 13 | | facility;
| 14 | | (4) any religious practitioner who provides treatment | 15 | | by prayer or spiritual means alone in accordance with the | 16 | | tenets and practices of a recognized church or religious | 17 | | denomination, except as to information received in any | 18 | | confession or sacred communication enjoined by the | 19 | | discipline of the religious denomination to be held | 20 | | confidential;
| 21 | | (5) field personnel of the Department of Healthcare | 22 | | and Family Services, Department of Public
Health, and | 23 | | Department of Human Services, and any county or
municipal | 24 | | health department;
| 25 | | (6) personnel of the Department of Human Services, the | 26 | | Guardianship and
Advocacy Commission, the State Fire |
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| 1 | | Marshal, local fire departments, the
Department on Aging | 2 | | and its subsidiary Area Agencies on Aging and provider
| 3 | | agencies, except the State Long Term Care Ombudsman and | 4 | | any of his or her representatives or volunteers where | 5 | | prohibited from making such a report pursuant to 45 CFR | 6 | | 1324.11(e)(3)(iv); and the Office of State Long Term Care | 7 | | Ombudsman;
| 8 | | (7) any employee of the State of Illinois not | 9 | | otherwise specified herein
who is involved in providing | 10 | | services to eligible adults, including
professionals | 11 | | providing medical or rehabilitation services and all
other | 12 | | persons having direct contact with eligible adults;
| 13 | | (8) a person who performs the duties of a coroner
or | 14 | | medical examiner; or
| 15 | | (9) a person who performs the duties of a paramedic or | 16 | | an emergency
medical
technician ; or .
| 17 | | (10) a person who performs the duties of an investment
| 18 | | advisor. | 19 | | (g) "Neglect" means
another individual's failure to | 20 | | provide an eligible
adult with or willful withholding from an | 21 | | eligible adult the necessities of
life including, but not | 22 | | limited to, food, clothing, shelter or health care.
This | 23 | | subsection does not create any new affirmative duty to provide | 24 | | support to
eligible adults. Nothing in this Act shall be | 25 | | construed to mean that an
eligible adult is a victim of neglect | 26 | | because of health care services provided
or not provided by |
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| 1 | | licensed health care professionals.
| 2 | | (h) "Provider agency" means any public or nonprofit agency | 3 | | in a planning
and service area that is selected by the | 4 | | Department or appointed by the regional administrative agency | 5 | | with prior
approval by the Department on Aging to receive and | 6 | | assess reports of
alleged or suspected abuse, abandonment, | 7 | | neglect, or financial exploitation. A provider agency is also | 8 | | referenced as a "designated agency" in this Act.
| 9 | | (i) "Regional administrative agency" means any public or | 10 | | nonprofit
agency in a planning and service area that provides | 11 | | regional oversight and performs functions as set forth in | 12 | | subsection (b) of Section 3 of this Act. The Department shall | 13 | | designate an Area Agency on Aging as the regional | 14 | | administrative agency or, in the event the Area Agency on | 15 | | Aging in that planning and service area is deemed by the | 16 | | Department to be unwilling or unable to provide those | 17 | | functions, the Department may serve as the regional | 18 | | administrative agency or designate another qualified entity to | 19 | | serve as the regional administrative agency; any such | 20 | | designation shall be subject to terms set forth by the | 21 | | Department.
| 22 | | (i-5) "Self-neglect" means a condition that is the result | 23 | | of an eligible adult's inability, due to physical or mental | 24 | | impairments, or both, or a diminished capacity, to perform | 25 | | essential self-care tasks that substantially threaten his or | 26 | | her own health, including: providing essential food, clothing, |
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| 1 | | shelter, and health care; and obtaining goods and services | 2 | | necessary to maintain physical health, mental health, | 3 | | emotional well-being, and general safety. The term includes | 4 | | compulsive hoarding, which is characterized by the acquisition | 5 | | and retention of large quantities of items and materials that | 6 | | produce an extensively cluttered living space, which | 7 | | significantly impairs the performance of essential self-care | 8 | | tasks or otherwise substantially threatens life or safety.
| 9 | | (j) "Substantiated case" means a reported case of alleged | 10 | | or suspected
abuse, abandonment, neglect, financial | 11 | | exploitation, or self-neglect in which a provider agency,
| 12 | | after assessment, determines that there is reason to believe | 13 | | abuse,
abandonment, neglect, or financial exploitation has | 14 | | occurred.
| 15 | | (k) "Verified" means a determination that there is "clear | 16 | | and convincing evidence" that the specific injury or harm | 17 | | alleged was the result of abuse, abandonment, neglect, or | 18 | | financial exploitation. | 19 | | (Source: P.A. 102-244, eff. 1-1-22; 102-953, eff. 5-27-22.)
| 20 | | (320 ILCS 20/4) (from Ch. 23, par. 6604)
| 21 | | Sec. 4. Reports of abuse, abandonment, or neglect.
| 22 | | (a) Any person who suspects the abuse,
abandonment, | 23 | | neglect,
financial exploitation, or self-neglect of an | 24 | | eligible adult may
report
this suspicion or information about
| 25 | | the suspicious death of an eligible adult to an agency |
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| 1 | | designated to receive such
reports under this Act or to the | 2 | | Department.
| 3 | | (a-5) If any mandated reporter has reason to believe that | 4 | | an eligible
adult,
who because of a disability or other | 5 | | condition or impairment is unable to seek assistance for | 6 | | himself or herself,
has, within the previous 12 months, been | 7 | | subjected to abuse, abandonment, neglect, or
financial | 8 | | exploitation, the mandated reporter shall, within 24 hours | 9 | | after
developing
such belief, report this suspicion to an | 10 | | agency designated to receive such
reports under this Act or
to | 11 | | the Department. The agency designated to receive such reports | 12 | | under this Act or the Department may establish a manner in | 13 | | which a mandated reporter can make the required report through | 14 | | an Internet reporting tool. Information sent and received | 15 | | through the Internet reporting tool is subject to the same | 16 | | rules in this Act as other types of confidential reporting | 17 | | established by the designated agency or the Department. | 18 | | Whenever a mandated reporter
is required to report under this | 19 | | Act in his or her capacity as a member of
the staff of a | 20 | | medical or other public or private institution, facility,
or | 21 | | agency, he or she shall make a report
to an agency designated | 22 | | to receive such
reports under this Act or
to the Department in | 23 | | accordance
with the provisions of this Act and may also notify | 24 | | the person in charge of
the institution, facility, or agency | 25 | | or his or her
designated agent that the
report has been made. | 26 | | Under no circumstances shall any person in charge of
such |
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| 1 | | institution, facility, or agency, or his or her
designated | 2 | | agent to whom
the notification has been made, exercise any | 3 | | control, restraint,
modification, or other change in the | 4 | | report or the forwarding of the report
to an agency designated | 5 | | to receive such
reports under this Act or
to the Department. | 6 | | The privileged quality of communication between any
| 7 | | professional
person required to report
and his or her patient | 8 | | or client shall not apply to situations involving
abused, | 9 | | abandoned, neglected, or financially exploited eligible adults | 10 | | and shall not
constitute
grounds for failure to
report
as | 11 | | required by this Act.
| 12 | | (a-6) If a mandated reporter has reason to believe that
| 13 | | the death of an eligible adult may be the result of abuse or
| 14 | | neglect, the matter shall be reported to an agency designated
| 15 | | to receive such reports under this Act or to the Department for
| 16 | | subsequent referral to the appropriate law enforcement agency
| 17 | | and the coroner or medical examiner in accordance with
| 18 | | subsection (c-5) of Section 3 of this Act. | 19 | | (a-7) A person making a report
under this Act in the belief | 20 | | that it is in the alleged victim's best
interest shall be | 21 | | immune from criminal or civil liability or professional
| 22 | | disciplinary action on account of making the report, | 23 | | notwithstanding any
requirements concerning the | 24 | | confidentiality of information with respect to
such eligible | 25 | | adult which might otherwise be applicable.
| 26 | | (a-9) Law enforcement officers
shall continue to report |
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| 1 | | incidents of alleged abuse pursuant to the
Illinois Domestic | 2 | | Violence Act of 1986, notwithstanding any requirements
under | 3 | | this Act.
| 4 | | (b) Any person, institution or agency participating in the | 5 | | making of
a report, providing
information or records related | 6 | | to a report, assessment, or services, or
participating in the | 7 | | investigation of a report under
this Act in good faith, or | 8 | | taking photographs or x-rays as a result of an
authorized | 9 | | assessment, shall have immunity from any civil, criminal or
| 10 | | other liability in any civil, criminal or other proceeding | 11 | | brought in
consequence of making such report or assessment or | 12 | | on account of submitting
or otherwise disclosing such | 13 | | photographs or x-rays to any agency designated
to receive | 14 | | reports of alleged or suspected abuse, abandonment, or | 15 | | neglect. Any person,
institution or agency authorized by the | 16 | | Department to provide assessment,
intervention, or | 17 | | administrative services under this Act shall, in the good
| 18 | | faith performance of those services, have immunity from any | 19 | | civil, criminal
or other liability in any civil, criminal, or | 20 | | other proceeding brought as a
consequence of the performance | 21 | | of those services.
For the purposes of any civil, criminal, or | 22 | | other proceeding, the good faith
of any person required to | 23 | | report, permitted to report, or participating in an
| 24 | | investigation of a report of alleged or suspected abuse, | 25 | | abandonment, neglect,
financial exploitation, or self-neglect | 26 | | shall be
presumed.
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| 1 | | (c) The identity of a person making a report of alleged or | 2 | | suspected
abuse, abandonment, neglect, financial exploitation, | 3 | | or self-neglect or a report concerning information about the
| 4 | | suspicious death of an eligible adult under this Act may be | 5 | | disclosed by the Department
or other agency provided for in | 6 | | this Act only with such person's written
consent or by court | 7 | | order, but is otherwise confidential.
| 8 | | (d) The Department shall by rule establish a system for | 9 | | filing and
compiling reports made under this Act.
| 10 | | (e) Any physician who willfully fails to report as | 11 | | required by this Act
shall be referred to the Illinois State | 12 | | Medical Disciplinary Board for action
in accordance with | 13 | | subdivision (A)(22) of Section 22 of the Medical Practice
Act | 14 | | of 1987. Any dentist or dental hygienist who willfully fails | 15 | | to report as
required by this Act shall be referred to the | 16 | | Department of Professional
Regulation for action in accordance | 17 | | with paragraph 19 of Section 23 of the
Illinois Dental | 18 | | Practice Act. Any optometrist who willfully fails to report as | 19 | | required by this Act shall be referred to the Department of | 20 | | Financial and Professional Regulation for action in accordance | 21 | | with paragraph (15) of subsection (a) of Section 24 of the | 22 | | Illinois Optometric Practice Act of 1987. Any other mandated | 23 | | reporter required by
this Act to report suspected abuse, | 24 | | abandonment, neglect, or financial exploitation who
willfully | 25 | | fails to report the same is guilty of a Class A misdemeanor.
| 26 | | (Source: P.A. 102-244, eff. 1-1-22 .)
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| 1 | | (320 ILCS 20/4.1)
| 2 | | Sec. 4.1. Employer discrimination. No employer shall | 3 | | discharge,
demote or suspend, or threaten to discharge, demote | 4 | | or suspend, or in any
manner discriminate against any | 5 | | employee : (i) who makes any good faith oral or
written report | 6 | | of suspected abuse, abandonment, neglect, or financial | 7 | | exploitation ; (ii) who makes any good faith oral or written | 8 | | report concerning information about the suspicious death of an | 9 | | eligible adult; or
(iii) who is or will be a
witness or testify | 10 | | in any investigation or proceeding concerning a report
of | 11 | | suspected abuse, abandonment, neglect, or financial | 12 | | exploitation.
| 13 | | (Source: P.A. 102-244, eff. 1-1-22 .)
| 14 | | (320 ILCS 20/4.2)
| 15 | | Sec. 4.2. Testimony by mandated reporter and investigator. | 16 | | Any mandated
reporter who makes a report or any person who
| 17 | | investigates a report under
this Act shall testify fully in | 18 | | any judicial proceeding resulting from such
report, as to any | 19 | | evidence of abuse, abandonment, neglect, or financial | 20 | | exploitation or the
cause thereof. Any
mandated reporter who | 21 | | is required to report a suspected case of or a suspicious death | 22 | | due to abuse, abandonment, neglect,
or
financial exploitation | 23 | | under
Section 4 of this Act shall testify fully in any | 24 | | administrative hearing
resulting from such report, as to any |
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| 1 | | evidence of abuse, abandonment, neglect, or financial
| 2 | | exploitation or the
cause thereof. No evidence shall be | 3 | | excluded by reason of any common law
or statutory privilege | 4 | | relating to communications between the alleged
abuser or the | 5 | | eligible adult subject of the report
under
this Act and the | 6 | | person making or investigating the report.
| 7 | | (Source: P.A. 102-244, eff. 1-1-22 .)
| 8 | | (320 ILCS 20/5) (from Ch. 23, par. 6605)
| 9 | | Sec. 5. Procedure.
| 10 | | (a) A provider agency designated to receive reports
of | 11 | | alleged or suspected abuse, abandonment, neglect, financial
| 12 | | exploitation, or self-neglect under
this Act shall, upon
| 13 | | receiving such a report, conduct a face-to-face assessment | 14 | | with respect to
such report, in accord with established law | 15 | | and Department protocols, procedures, and policies. | 16 | | Face-to-face assessments, casework, and follow-up of reports | 17 | | of self-neglect by the provider agencies designated to receive | 18 | | reports of self-neglect shall be subject to sufficient | 19 | | appropriation for statewide implementation of assessments, | 20 | | casework, and follow-up of reports of self-neglect. In the | 21 | | absence of sufficient appropriation for statewide | 22 | | implementation of assessments, casework, and follow-up of | 23 | | reports of self-neglect, the designated adult protective | 24 | | services provider agency shall refer all reports of | 25 | | self-neglect to the appropriate agency or agencies as |
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| 1 | | designated by the Department for any follow-up. The assessment | 2 | | shall include, but not be limited to, a visit
to the residence | 3 | | of the eligible adult who is the subject of the report and
| 4 | | shall include interviews or consultations regarding the | 5 | | allegations with service agencies, immediate family members, | 6 | | and
individuals who may have knowledge of the eligible adult's | 7 | | circumstances based on the consent of the eligible adult in | 8 | | all instances, except where the provider agency is acting in | 9 | | the best interest of an eligible adult who is unable to seek | 10 | | assistance for himself or herself and where there are | 11 | | allegations against a caregiver who has assumed | 12 | | responsibilities in exchange for compensation.
If, after the | 13 | | assessment, the provider agency determines that the case is
| 14 | | substantiated it shall develop a service care plan for the | 15 | | eligible adult and may report its findings at any time during | 16 | | the case to the appropriate law enforcement agency in accord | 17 | | with established law and Department protocols, procedures, and | 18 | | policies.
In developing a case plan, the provider agency may | 19 | | consult with any other
appropriate provider of services, and | 20 | | such providers shall be immune from
civil or criminal | 21 | | liability on account of such acts. The plan shall
include | 22 | | alternative suggested or recommended
services which are | 23 | | appropriate to the needs of the eligible adult and which
| 24 | | involve the least restriction of the eligible adult's | 25 | | activities
commensurate with his or her needs. Only those | 26 | | services to which consent
is
provided in accordance with |
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| 1 | | Section 9 of this Act shall be provided,
contingent upon the | 2 | | availability of such services.
| 3 | | (b) A provider agency shall refer evidence of crimes | 4 | | against an eligible
adult to the appropriate law enforcement | 5 | | agency according to Department
policies. A referral to law | 6 | | enforcement may be made at intake , at or any time
during the | 7 | | case , or after a report of a suspicious death, depending upon | 8 | | the circumstances . Where a provider agency has reason to | 9 | | believe the death of an
eligible adult may be the result of | 10 | | abuse, abandonment, or neglect, the agency shall
immediately | 11 | | report the matter to the coroner or medical examiner and shall
| 12 | | cooperate fully with any subsequent investigation. | 13 | | (c) If any person other than the alleged victim refuses to | 14 | | allow the provider agency to begin
an investigation, | 15 | | interferes with the provider agency's ability to
conduct an | 16 | | investigation, or refuses to give access to an eligible
adult, | 17 | | the appropriate law enforcement agency must be consulted | 18 | | regarding the investigation.
| 19 | | (Source: P.A. 101-496, eff. 1-1-20; 102-244, eff. 1-1-22 .)
| 20 | | (320 ILCS 20/8) (from Ch. 23, par. 6608)
| 21 | | Sec. 8. Access to records. All records concerning reports | 22 | | of abuse,
abandonment, neglect, financial exploitation, or | 23 | | self-neglect or reports of suspicious deaths due to abuse, | 24 | | neglect, or financial exploitation and all records generated | 25 | | as a result of
such reports shall be confidential and shall not |
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| 1 | | be disclosed except as
specifically authorized by this Act or | 2 | | other applicable law. In accord with established law and | 3 | | Department protocols, procedures, and policies, access to such
| 4 | | records, but not access to the identity of the person or | 5 | | persons making a
report of alleged abuse, abandonment, | 6 | | neglect,
financial exploitation, or self-neglect as contained | 7 | | in
such records, shall be provided, upon request, to the | 8 | | following persons and for the following
persons:
| 9 | | (1) Department staff, provider agency staff, other | 10 | | aging network staff, and
regional administrative agency | 11 | | staff, including staff of the Chicago Department on Aging | 12 | | while that agency is designated as a regional | 13 | | administrative agency, in the furtherance of their
| 14 | | responsibilities under this Act;
| 15 | | (1.5) A representative of the public guardian acting | 16 | | in the course of investigating the appropriateness of | 17 | | guardianship for the eligible adult or while pursuing a | 18 | | petition for guardianship of the eligible adult pursuant | 19 | | to the Probate Act of 1975; | 20 | | (2) A law enforcement agency or State's Attorney's | 21 | | office investigating known or suspected
abuse, | 22 | | abandonment, neglect, financial exploitation, or | 23 | | self-neglect. Where a provider
agency has reason to | 24 | | believe that the
death of an eligible adult may be the | 25 | | result of abuse, abandonment, or neglect, including any | 26 | | reports made after death, the agency
shall immediately |
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| 1 | | provide the appropriate law enforcement agency with all
| 2 | | records pertaining to the eligible adult;
| 3 | | (2.5) A law enforcement agency, fire department | 4 | | agency, or fire protection district having proper | 5 | | jurisdiction pursuant to a written agreement between a | 6 | | provider agency and the law enforcement agency, fire | 7 | | department agency, or fire protection district under which | 8 | | the provider agency may furnish to the law enforcement | 9 | | agency, fire department agency, or fire protection | 10 | | district a list of all eligible adults who may be at | 11 | | imminent risk of abuse, abandonment, neglect, financial | 12 | | exploitation, or self-neglect; | 13 | | (3) A physician who has before him or her or who is | 14 | | involved
in the treatment of an eligible adult whom he or | 15 | | she reasonably suspects
may be abused, abandoned, | 16 | | neglected, financially exploited, or self-neglected or who | 17 | | has been
referred to the Adult Protective Services | 18 | | Program;
| 19 | | (4) An eligible adult reported to be abused,
| 20 | | abandoned, neglected,
financially exploited, or | 21 | | self-neglected, or such adult's authorized guardian or | 22 | | agent, unless such
guardian or agent is the abuser or the | 23 | | alleged abuser; | 24 | | (4.5) An executor or administrator of the estate of an | 25 | | eligible adult who is deceased;
| 26 | | (5) A probate court with jurisdiction over the |
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| 1 | | guardianship of an alleged victim for an in camera | 2 | | inspection In cases regarding abuse, abandonment, neglect, | 3 | | or financial exploitation, a court or a guardian ad litem, | 4 | | upon its or his or
her finding that access to such records | 5 | | may be
necessary for the determination of an issue before | 6 | | the court.
However,
such access shall be limited to an in | 7 | | camera inspection of the records,
unless the court | 8 | | determines that disclosure of the information contained
| 9 | | therein is necessary for the resolution of an issue then | 10 | | pending before it ;
| 11 | | (5.5) A In cases regarding self-neglect, a guardian ad | 12 | | litem , unless such guardian ad litem is the abuser or | 13 | | alleged abuser ;
| 14 | | (6) A grand jury, upon its determination that access | 15 | | to such
records is necessary in the conduct of its | 16 | | official business;
| 17 | | (7) Any person authorized by the Director, in writing, | 18 | | for
audit or bona fide research purposes;
| 19 | | (8) A coroner or medical examiner who has reason to | 20 | | believe
that an eligible adult has died as the result of | 21 | | abuse, abandonment, neglect,
financial exploitation, or | 22 | | self-neglect. The provider agency shall immediately | 23 | | provide the
coroner
or medical examiner with all records | 24 | | pertaining to the eligible adult;
| 25 | | (8.5) A coroner or medical examiner having proper | 26 | | jurisdiction, pursuant to a written agreement between a |
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| 1 | | provider agency and the coroner or medical examiner, under | 2 | | which the provider agency may furnish to the office of the | 3 | | coroner or medical examiner a list of all eligible adults | 4 | | who may be at imminent risk of death as a result of abuse, | 5 | | abandonment, neglect, financial exploitation, or | 6 | | self-neglect; | 7 | | (9) Department of Financial and Professional | 8 | | Regulation staff
and members of the Illinois Medical | 9 | | Disciplinary Board or the Social Work Examining and | 10 | | Disciplinary Board in the course
of investigating alleged | 11 | | violations of the Clinical Social Work and Social Work
| 12 | | Practice Act by provider agency staff or other licensing | 13 | | bodies at the discretion of the Director of the Department | 14 | | on Aging; | 15 | | (9-a) Department of Healthcare and Family Services | 16 | | staff and provider agency staff when that Department is | 17 | | funding services to the eligible adult, including access | 18 | | to the identity of the eligible adult; | 19 | | (9-b) Department of Human Services staff and provider | 20 | | agency staff when that Department is funding services to | 21 | | the eligible adult or is providing reimbursement for | 22 | | services provided by the abuser or alleged abuser, | 23 | | including access to the identity of the eligible adult; | 24 | | (10) Hearing officers in the course of conducting an | 25 | | administrative hearing under this Act; parties to such | 26 | | hearing shall be entitled to discovery as established by |
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| 1 | | rule;
| 2 | | (11) A caregiver who challenges placement on the | 3 | | Registry shall be given the statement of allegations in | 4 | | the abuse report and the substantiation decision in the | 5 | | final investigative report; and | 6 | | (12) The Illinois Guardianship and Advocacy Commission | 7 | | and the agency designated by the Governor under Section 1 | 8 | | of the Protection and Advocacy for Persons with | 9 | | Developmental Disabilities Act shall have access, through | 10 | | the Department, to records, including the findings, | 11 | | pertaining to a completed or closed investigation of a | 12 | | report of suspected abuse, abandonment, neglect, financial | 13 | | exploitation, or self-neglect of an eligible adult. | 14 | | (Source: P.A. 102-244, eff. 1-1-22 .)
| 15 | | Section 99. Effective date. This Act takes effect January | 16 | | 1, 2024.
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