210 ILCS 30/ Abused and Neglected Long Term Care Facility Residents Reporting Act.

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HEALTH FACILITIES AND REGULATION
(210 ILCS 30/) Abused and Neglected Long Term Care Facility Residents Reporting Act.

210 ILCS 30/1

(210 ILCS 30/1) (from Ch. 111 1/2, par. 4161)

Sec. 1.

This Act may be cited as the

Abused and Neglected Long Term Care Facility Residents Reporting Act.

(Source: P.A. 86-1475.)

210 ILCS 30/2

(210 ILCS 30/2) (from Ch. 111 1/2, par. 4162)

Sec. 2.

The Illinois Department of Public Health shall upon receiving
reports made under this Act, seek to protect residents and prevent further
harm to the resident who was the subject of the report and other residents
in the facility.  In performing these duties, the Department may utilize
such protective services of other State departments, commissions, boards
or other agencies and any voluntary agencies as are available.

(Source: P.A. 82-120.)

210 ILCS 30/3

(210 ILCS 30/3) (from Ch. 111 1/2, par. 4163)

Sec. 3. As used in this Act unless the context otherwise requires:

a. "Department" means the Department of Public Health of the State of
Illinois.

b. "Resident" means a person residing in and receiving personal care from
a long term care facility, or residing in a mental health facility or
developmental disability facility as defined in the Mental Health and
Developmental Disabilities Code.

c. "Long term care facility" has the same meaning ascribed to such term
in the Nursing Home Care Act, except that the term as
used in this Act shall include any mental health facility or
developmental disability facility as defined in the Mental Health and
Developmental Disabilities Code. The term also includes any facility licensed under the ID/DD Community Care Act, the MC/DD Act, or the Specialized Mental Health Rehabilitation Act of 2013.

d. "Abuse" means any physical injury, sexual abuse or mental injury
inflicted on a resident other than by accidental means.

e. "Neglect" means a failure in a long term care facility to provide
adequate medical or personal care or maintenance, which failure results in
physical or mental injury to a resident or in the deterioration of a
resident's physical or mental condition.

f. "Protective services" means services provided to a resident who has
been abused or neglected, which may include, but are not limited to alternative
temporary institutional placement, nursing care, counseling, other social
services provided at the nursing home where the resident resides or at some
other facility, personal care and such protective services of voluntary
agencies as are available.

g. Unless the context otherwise requires, direct or indirect references in
this Act to the programs, personnel, facilities, services, service providers,
or service recipients of the Department of Human Services shall be construed to
refer only to those programs, personnel, facilities, services, service
providers, or service recipients that pertain to the Department of Human
Services' mental health and developmental disabilities functions.

(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)

210 ILCS 30/4

(210 ILCS 30/4) (from Ch. 111 1/2, par. 4164)

Sec. 4.

Any long term care facility administrator, agent or employee
or any physician, hospital, surgeon, dentist, osteopath, chiropractor,
podiatric physician, accredited religious practitioner who provides treatment by spiritual means alone through prayer in accordance with the tenets and practices of the accrediting church, coroner, social worker, social
services administrator, registered nurse, law enforcement officer, field
personnel of the Department of Healthcare and Family Services, field personnel of the
Illinois Department of Public Health and County or Municipal Health
Departments, personnel of the Department of Human Services (acting as the
successor to the Department of Mental Health and Developmental Disabilities
or the Department of Public Aid),
personnel of the Guardianship and Advocacy Commission, personnel of the
State Fire Marshal, local fire department inspectors or other personnel,
or personnel of the Illinois
Department on Aging, or its subsidiary Agencies on Aging, or employee of a
facility licensed under the Assisted Living and Shared Housing
Act, having reasonable
cause to believe any
resident with whom they have direct contact has been subjected to abuse
or neglect shall immediately report or cause a report
to be made
to the Department.
Persons required to make reports or cause reports to
be made under this Section include all employees of the State of Illinois
who are involved in providing services to residents, including
professionals providing medical or rehabilitation services and all other
persons having direct contact with residents; and further include all
employees of community service agencies who provide services to a resident
of a public or private long term care facility outside of that facility.
Any long term care surveyor of the Illinois Department of Public Health
who has reasonable cause to believe in the course of a survey that a
resident has been abused or neglected and initiates an investigation while
on site at the facility shall be exempt from making a report under this
Section but the results of any such investigation shall be forwarded to
the central register in a manner and form described by the Department.

The requirement of this Act shall not relieve any long term care
facility administrator, agent or employee of responsibility to report the
abuse or neglect of a resident under Section 3-610 of the Nursing Home
Care Act or under Section 3-610 of the ID/DD Community Care Act or under Section 3-610 of the MC/DD Act or under Section 2-107 of the Specialized Mental Health Rehabilitation Act of 2013.

In addition to the above persons required to report suspected resident
abuse and neglect, any other person may make a report to the Department,
or to any law enforcement officer, if such person has reasonable cause to
suspect a resident has been abused or neglected.

This Section also applies to residents whose death occurs from suspected
abuse or neglect before being found or brought to a hospital.

A person required to make reports or cause reports to be made under
this Section who fails to comply with the requirements of this Section is
guilty of a Class A misdemeanor.

(Source: P.A. 98-104, eff. 7-22-13; 98-214, eff. 8-9-13; 98-756, eff. 7-16-14; 99-180, eff. 7-29-15.)

210 ILCS 30/5

(210 ILCS 30/5) (from Ch. 111 1/2, par. 4165)

Sec. 5.

Any person required to investigate cases of suspected resident
abuse or neglect may take or cause to be taken, at the resident's expense
color photographs and x-rays of the area of trauma on the resident who is
the subject of a report.

(Source: P.A. 82-120.)

210 ILCS 30/6

(210 ILCS 30/6) (from Ch. 111 1/2, par. 4166)

Sec. 6.

All reports of suspected abuse or neglect made under this Act
shall be made immediately by telephone to the Department's central register
established under Section 14 on the single, State-wide, toll-free telephone
number established under Section 13, or in person or by telephone through
the nearest Department office.  No long term care facility administrator,
agent or employee, or any other person, shall screen reports or otherwise
withhold any reports from the Department, and no long term care facility,
department of State government, or other agency shall establish any rules,
criteria, standards or guidelines to the contrary.  Every long term care
facility, department of State government and other agency whose employees
are required to make or cause to be made reports under Section 4 shall
notify its employees of the provisions of that Section and of this Section,
and provide to the Department documentation that such notification has been
given.  The Department of Human Services shall train all of its mental health and developmental
disabilities employees in the detection and reporting of suspected
abuse and neglect of residents.  Reports made to the central register
through the State-wide, toll-free telephone number shall be transmitted to
appropriate Department offices and municipal health departments that have
responsibility for licensing long term care facilities under the Nursing
Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act.  All reports received through offices of the Department
shall be forwarded to the central register, in a manner and form described
by the Department.  The Department shall be capable of receiving reports of
suspected abuse and neglect 24 hours a day, 7 days a week.  Reports shall
also be made in writing deposited in the U.S. mail, postage prepaid, within
24 hours after having reasonable cause to believe that the condition of the
resident resulted from abuse or neglect.  Such reports may in addition be
made to the local law enforcement agency in the same manner. However, in
the event a report is made to the local law enforcement agency, the
reporter also shall immediately so inform the Department.  The Department
shall initiate an investigation of each report of resident abuse and
neglect under this Act, whether oral or written, as provided for in Section 3-702 of the Nursing Home Care Act, Section 2-208 of the Specialized Mental Health Rehabilitation Act of 2013, Section 3-702 of the ID/DD Community Care Act, or Section 3-702 of the MC/DD Act, except that reports of abuse which
indicate that a resident's life or safety is in imminent danger shall be
investigated within 24 hours of such report. The Department may delegate to
law enforcement officials or other public agencies the duty to perform such
investigation.

With respect to investigations of reports of suspected abuse or neglect
of residents of mental health and developmental disabilities institutions
under the jurisdiction of the Department of
Human Services, the
Department shall transmit
copies of such reports to the Illinois State Police, the Department of
Human Services, and the
Inspector General
appointed under Section 1-17 of the Department of Human Services Act.  If the Department receives a report
of suspected abuse or neglect of a recipient of services as defined in Section
1-123 of the Mental Health and Developmental Disabilities Code, the
Department shall transmit copies of such report to the Inspector General
and the Directors of the Guardianship and Advocacy Commission and the
agency designated by the Governor pursuant to the Protection and Advocacy
for Persons with Developmental Disabilities Act.  When requested by the Director
of the Guardianship and Advocacy Commission, the agency designated by the
Governor pursuant to the Protection and Advocacy for Persons with Developmental Disabilities Act, or the Department of Financial and Professional Regulation, the Department, the Department of Human Services and the Illinois State Police shall make
available a copy of the final investigative report regarding investigations
conducted by their respective agencies on incidents of suspected abuse or
neglect of residents of mental health and developmental disabilities
institutions or individuals receiving services at community agencies under the jurisdiction of the Department of Human Services.  Such final investigative
report shall not contain witness statements, investigation notes, draft
summaries, results of lie detector tests, investigative files or other raw data
which was used to compile the final investigative report.  Specifically, the
final investigative report of the Illinois State Police shall mean the
Director's final transmittal letter.  The Department of Human Services shall also make available a
copy of the results of disciplinary proceedings of employees involved in
incidents of abuse or neglect to the Directors.  All identifiable
information in reports provided shall not be further disclosed except as
provided by the Mental Health and Developmental Disabilities
Confidentiality Act.  Nothing in this Section is intended to limit or
construe the power or authority granted to the agency designated by the
Governor pursuant to the Protection and Advocacy for Persons with Developmental Disabilities Act, pursuant to any other State or federal statute.

With respect to investigations of reported resident abuse or neglect, the
Department shall effect with appropriate law enforcement agencies formal
agreements concerning methods and procedures for the conduct of investigations
into the criminal histories of any administrator, staff assistant or employee
of the nursing home or other person responsible for the residents care,
as well as for other residents in the nursing home who may be in a position
to abuse, neglect or exploit the patient.  Pursuant to the formal agreements
entered into with appropriate law enforcement agencies, the Department may
request information with respect to whether the person or persons set forth
in this paragraph have ever been charged with a crime and if so, the
disposition of those charges.  Unless the criminal histories of the
subjects involved crimes of violence or resident abuse or neglect, the
Department shall be entitled only to information limited in scope to
charges and their dispositions.  In cases where prior crimes of violence or
resident abuse or neglect are involved, a more detailed report can be made
available to authorized representatives of the Department, pursuant to the
agreements entered into with appropriate law enforcement agencies.  Any
criminal charges and their disposition information obtained by the
Department shall be confidential and may not be transmitted outside the
Department, except as required herein, to authorized representatives or
delegates of the Department, and may not be transmitted to anyone within
the Department who is not duly authorized to handle resident abuse or
neglect investigations.

The Department shall effect formal agreements with appropriate law
enforcement agencies in the various counties and communities to encourage
cooperation and coordination in the handling of resident abuse or neglect
cases pursuant to this Act.  The Department shall adopt and implement
methods and procedures to promote statewide uniformity in the handling of
reports of abuse and neglect under this Act, and those methods and
procedures shall be adhered to by personnel of the Department involved in
such investigations and reporting.  The Department shall also make
information required by this Act available to authorized personnel within
the Department, as well as its authorized representatives.

The Department shall keep a continuing record of all reports made
pursuant to this Act, including indications of the final determination of
any investigation and the final disposition of all reports.

The Department shall report annually to the General Assembly on the
incidence of abuse and neglect of long term care facility residents, with
special attention to residents who are persons with mental disabilities. The report shall
include but not be limited to data on the number and source of reports of
suspected abuse or neglect filed under this Act, the nature of any injuries
to residents, the final determination of investigations, the type and
number of cases where abuse or neglect is determined to exist, and the
final disposition of cases.

(Source: P.A. 102-538, eff. 8-20-21.)

210 ILCS 30/6.2

(210 ILCS 30/6.2)

Sec. 6.2. (Repealed).

(Source: P.A. 95-331, eff. 8-21-07. Repealed by P.A. 95-545, eff. 8-28-07.)

210 ILCS 30/6.3

(210 ILCS 30/6.3)

Sec. 6.3. (Repealed).