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90_HB1446
210 ILCS 30/6.2 from Ch. 111 1/2, par. 4166.2
Amends the Abused and Neglected Long Term Care Facility
Residents Reporting Act. Provides that agencies and
facilities licensed or operated by the Department of Mental
Health and Developmental Disabilities or its successor, the
Department of Human Services, or that are funded by either of
those Departments that are not licensed or certified by
another State agency shall be required to report incidents of
suspected abuse or neglect to the Office of Inspector General
within 24 hours. Requires the Office of Inspector General to
establish a 24-hour telephone line for receiving reports of
suspected abuse or neglect. Provides that failure to comply
with reporting requirements is a Class A misdemeanor.
Provides that the Office of Inspector General shall provide a
preliminary report concerning cases of suspected abuse or
neglect to the facility or agency in which the abuse or
neglect is alleged to have happened. Effective immediately.
LRB9000069LDdvC
LRB9000069LDdvC
1 AN ACT to amend the Abused and Neglected Long Term Care
2 Facility Residents Reporting Act by changing Section 6.2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Abused and Neglected Long Term Care
6 Facility Residents Reporting Act is amended by changing
7 Section 6.2 as follows:
8 (210 ILCS 30/6.2) (from Ch. 111 1/2, par. 4166.2)
9 (Section scheduled to be repealed on January 1, 2000)
10 (Text of Section in effect until July 1, 1997)
11 Sec. 6.2. Inspector General.
12 (a) The Governor shall appoint, and the Senate shall
13 confirm, an Inspector General who shall function within the
14 Department of Mental Health and Developmental Disabilities
15 and report to the Director. The Inspector General shall
16 investigate reports of suspected abuse or neglect (as those
17 terms are defined in Section 3 of this Act) of patients or
18 residents in any facility operated by the Department of
19 Mental Health and Developmental Disabilities and shall have
20 authority to investigate and take immediate action on reports
21 of abuse or neglect of recipients, whether patients or
22 residents, in any facility or program that is licensed or
23 certified by the Department of Mental Health and
24 Developmental Disabilities or that is funded by the
25 Department of Mental Health and Developmental Disabilities
26 and is not licensed or certified by any agency of the State.
27 At the specific, written request of an agency of the State
28 other than the Department of Mental Health and Developmental
29 Disabilities, the Inspector General may cooperate in
30 investigating reports of abuse and neglect of persons with
31 mental illness or persons with developmental disabilities.
-2- LRB9000069LDdvC
1 The Inspector General shall have no supervision over or
2 involvement in routine, programmatic, licensure, or
3 certification operations of the Department of Mental Health
4 and Developmental Disabilities or any of its funded agencies.
5 Facilities operated by the Department and agencies and
6 facilities licensed or certified by the Department of Mental
7 Health and Developmental Disabilities or that are funded by
8 the Department of Mental Health and Developmental
9 Disabilities and not licensed or certified by any other
10 agency in the State and their employees shall be required to
11 report incidents of suspected abuse or neglect to the Office
12 of Inspector General within 24 hours and according to
13 promulgated rules. The resident or patient who allegedly was
14 abused or neglected and his or her legal guardian shall be
15 informed by the facility or agency of the report of suspected
16 abuse or neglect. The Office of Inspector General shall
17 establish a 24-hour telephone line for receiving reports of
18 suspected abuse or neglect. A facility or agency is
19 prohibited from screening or withholding reports of suspected
20 abuse or neglect. Failure to comply with reporting
21 requirements is a Class A misdemeanor.
22 The Inspector General shall promulgate rules establishing
23 minimum requirements for reporting allegations of abuse and
24 neglect and initiating, conducting, and completing
25 investigations. The promulgated rules shall clearly set
26 forth that in instances where 2 or more State agencies could
27 investigate an allegation of abuse or neglect, the Inspector
28 General shall not conduct an investigation that is redundant
29 to an investigation conducted by another State agency. The
30 rules shall establish criteria for determining, based upon
31 the nature of the allegation, the appropriate method of
32 investigation, which may include, but need not be limited to,
33 site visits, telephone contacts, or requests for written
34 responses from agencies. The rules shall also clarify how
-3- LRB9000069LDdvC
1 the Office of the Inspector General shall interact with the
2 licensing unit of the Department of Mental Health and
3 Developmental Disabilities in investigations of allegations
4 of abuse or neglect. Any allegations or investigations of
5 reports made pursuant to this Act shall remain confidential
6 until a final report is completed. Final reports regarding
7 unsubstantiated or unfounded allegations shall remain
8 confidential, except that final reports may be disclosed
9 pursuant to Section 6 of this Act.
10 The Inspector General shall be appointed for a term of 4
11 years.
12 (b) The Inspector General shall within 24 hours after
13 receiving a report of suspected abuse or neglect determine
14 whether the evidence indicates that any possible criminal act
15 has been committed. If he determines that a possible criminal
16 act has been committed, or that special expertise is required
17 in the investigation, he shall immediately notify the
18 Department of State Police. The Department of State Police
19 shall investigate any report indicating a possible murder,
20 rape, or other felony. All investigations conducted by the
21 Inspector General shall be conducted in a manner designed to
22 ensure the preservation of evidence for possible use in a
23 criminal prosecution.
24 (b-5) The Inspector General shall provide a preliminary
25 report on a case of suspected abuse or neglect to the
26 facility or agency in which abuse or neglect is alleged to
27 have happened. The facility or agency may request
28 clarification or reconsideration based on additional
29 information. For cases where the allegation of abuse or
30 neglect is substantiated, the Inspector General shall require
31 the facility or agency to submit a written response. The
32 written response from a facility or agency shall address in a
33 concise and reasoned manner the actions that the agency or
34 facility will take or has taken to protect the resident or
-4- LRB9000069LDdvC
1 patient from abuse or neglect, prevent reoccurrences, and
2 eliminate problems identified and shall include
3 implementation and completion dates for all such action.
4 (c) The Inspector General shall, within 10 calendar days
5 after the transmittal date of a completed investigation where
6 abuse or neglect is substantiated or administrative action is
7 recommended, provide a complete report on the case to the
8 Director of Mental Health and Developmental Disabilities and
9 to the agency in which the abuse or neglect is alleged to
10 have happened. The complete report shall include a written
11 response from the agency or facility operated by the State to
12 the Inspector General that addresses in a concise and
13 reasoned manner the actions that the agency or facility will
14 take or has taken to protect the resident or patient from
15 abuse or neglect, prevent reoccurrences, and eliminate
16 problems identified and shall include implementation and
17 completion dates for all such action. The Director of Mental
18 Health and Developmental Disabilities shall accept or reject
19 the response and establish how the Department will determine
20 whether the facility or program followed the approved
21 response. The Director may require Department personnel to
22 visit the facility or agency for training, technical
23 assistance, programmatic, licensure, or certification
24 purposes. Administrative action, including sanctions, may be
25 applied should the Director reject the response or should the
26 facility or agency fail to follow the approved response. The
27 facility or agency shall inform the resident or patient and
28 the legal guardian whether the reported allegation was
29 substantiated, unsubstantiated, or unfounded. There shall be
30 an appeals process for any person or agency that is subject
31 to any action based on a recommendation or recommendations.
32 (d) The Inspector General may recommend to the
33 Departments of Public Health and Mental Health and
34 Developmental Disabilities sanctions to be imposed against
-5- LRB9000069LDdvC
1 facilities under the jurisdiction of the Department of Mental
2 Health and Developmental Disabilities for the protection of
3 residents, including appointment of on-site monitors or
4 receivers, transfer or relocation of residents, and closure
5 of units. The Inspector General may seek the assistance of
6 the Attorney General or any of the several State's attorneys
7 in imposing such sanctions.
8 (e) The Inspector General shall establish and conduct
9 periodic training programs for Department employees
10 concerning the prevention and reporting of neglect and abuse.
11 (f) The Inspector General shall at all times be granted
12 access to any facility operated by the Department, shall
13 establish and conduct unannounced site visits to those
14 facilities at least once annually, and shall be granted
15 access, for the purpose of investigating a report of abuse or
16 neglect, to any facility or program funded by the Department
17 that is subject under the provisions of this Section to
18 investigation by the Inspector General for a report of abuse
19 or neglect.
20 (g) Nothing in this Section shall limit investigations
21 by the Department of Mental Health and Developmental
22 Disabilities that may otherwise be required by law or that
23 may be necessary in that Department's capacity as the central
24 administrative authority responsible for the operation of
25 State mental health and developmental disability facilities.
26 (h) This Section is repealed on January 1, 2000.
27 (Source: P.A. 89-427, eff. 12-7-95.)
28 (Text of Section taking effect July 1, 1997)
29 Sec. 6.2. Inspector General.
30 (a) The Governor shall appoint, and the Senate shall
31 confirm, an Inspector General who shall function within the
32 Department of Human Services and report to the Secretary of
33 Human Services. The Inspector General shall investigate
34 reports of suspected abuse or neglect (as those terms are
-6- LRB9000069LDdvC
1 defined in Section 3 of this Act) of patients or residents in
2 any mental health or developmental disabilities facility
3 operated by the Department of Human Services and shall have
4 authority to investigate and take immediate action on reports
5 of abuse or neglect of recipients, whether patients or
6 residents, in any mental health or developmental disabilities
7 facility or program that is licensed or certified by the
8 Department of Human Services (as successor to the Department
9 of Mental Health and Developmental Disabilities) or that is
10 funded by the Department of Human Services (as successor to
11 the Department of Mental Health and Developmental
12 Disabilities) and is not licensed or certified by any agency
13 of the State. At the specific, written request of an agency
14 of the State other than the Department of Human Services (as
15 successor to the Department of Mental Health and
16 Developmental Disabilities), the Inspector General may
17 cooperate in investigating reports of abuse and neglect of
18 persons with mental illness or persons with developmental
19 disabilities. The Inspector General shall have no
20 supervision over or involvement in routine, programmatic,
21 licensure, or certification operations of the Department of
22 Human Services or any of its funded agencies.
23 Facilities operated by the Department and agencies and
24 facilities licensed or certified by the Department of Human
25 Services, as successor to the Department of Mental Health and
26 Developmental Disabilities, or that are funded by the
27 Department of Human Services, as successor to the Department
28 of Mental Health and Developmental Disabilities, and not
29 licensed or certified by any other agency in the State and
30 their employees shall be required to report to the Office of
31 Inspector General incidents of suspected abuse or neglect
32 within 24 hours and according to promulgated rules. The
33 resident or patient who allegedly was abused or neglected and
34 his or her legal guardian shall be informed by the facility
-7- LRB9000069LDdvC
1 or agency of the report of suspected abuse or neglect. The
2 Office of Inspector General shall establish a 24-hour
3 telephone line for receiving reports of suspected abuse or
4 neglect. A facility or agency is prohibited from screening
5 or withholding reports of suspected abuse or neglect.
6 Failure to comply with reporting requirements is a Class A
7 misdemeanor.
8 The Inspector General shall promulgate rules establishing
9 minimum requirements for reporting allegations of abuse and
10 neglect and initiating, conducting, and completing
11 investigations. The promulgated rules shall clearly set
12 forth that in instances where 2 or more State agencies could
13 investigate an allegation of abuse or neglect, the Inspector
14 General shall not conduct an investigation that is redundant
15 to an investigation conducted by another State agency. The
16 rules shall establish criteria for determining, based upon
17 the nature of the allegation, the appropriate method of
18 investigation, which may include, but need not be limited to,
19 site visits, telephone contacts, or requests for written
20 responses from agencies. The rules shall also clarify how
21 the Office of the Inspector General shall interact with the
22 licensing unit of the Department of Human Services in
23 investigations of allegations of abuse or neglect. Any
24 allegations or investigations of reports made pursuant to
25 this Act shall remain confidential until a final report is
26 completed. Final reports regarding unsubstantiated or
27 unfounded allegations shall remain confidential, except that
28 final reports may be disclosed pursuant to Section 6 of this
29 Act.
30 The Inspector General shall be appointed for a term of 4
31 years.
32 (b) The Inspector General shall within 24 hours after
33 receiving a report of suspected abuse or neglect determine
34 whether the evidence indicates that any possible criminal act
-8- LRB9000069LDdvC
1 has been committed. If he determines that a possible criminal
2 act has been committed, or that special expertise is required
3 in the investigation, he shall immediately notify the
4 Department of State Police. The Department of State Police
5 shall investigate any report indicating a possible murder,
6 rape, or other felony. All investigations conducted by the
7 Inspector General shall be conducted in a manner designed to
8 ensure the preservation of evidence for possible use in a
9 criminal prosecution.
10 (b-5) The Inspector General shall provide a preliminary
11 report on a case of suspected abuse or neglect to the
12 facility or agency in which abuse or neglect is alleged to
13 have happened. The facility or agency may request
14 clarification or reconsideration based on additional
15 information. For cases where the allegation of abuse or
16 neglect is substantiated, the Inspector General shall require
17 the facility or agency to submit a written response. The
18 written response from a facility or agency shall address in a
19 concise and reasoned manner the actions that the agency or
20 facility will take or has taken to protect the resident or
21 patient from abuse or neglect, prevent reoccurrences, and
22 eliminate problems identified and shall include
23 implementation and completion dates for all such action.
24 (c) The Inspector General shall, within 10 calendar days
25 after the transmittal date of a completed investigation where
26 abuse or neglect is substantiated or administrative action is
27 recommended, provide a complete report on the case to the
28 Secretary of Human Services and to the agency in which the
29 abuse or neglect is alleged to have happened. The complete
30 report shall include a written response from the agency or
31 facility operated by the State to the Inspector General that
32 addresses in a concise and reasoned manner the actions that
33 the agency or facility will take or has taken to protect the
34 resident or patient from abuse or neglect, prevent
-9- LRB9000069LDdvC
1 reoccurrences, and the eliminate problems identified and
2 shall include implementation and completion dates for all
3 such action. The Secretary of Human Services shall accept or
4 reject the response and establish how the Department will
5 determine whether the facility or program followed the
6 approved response. The Secretary may require Department
7 personnel to visit the facility or agency for training,
8 technical assistance, programmatic, licensure, or
9 certification purposes. Administrative action, including
10 sanctions, may be applied should the Secretary reject the
11 response or should the facility or agency fail to follow the
12 approved response. The facility or agency shall inform the
13 resident or patient and the legal guardian whether the
14 reported allegation was substantiated, unsubstantiated, or
15 unfounded. There shall be an appeals process for any person
16 or agency that is subject to any action based on a
17 recommendation or recommendations.
18 (d) The Inspector General may recommend to the
19 Departments of Public Health and Human Services sanctions to
20 be imposed against mental health and developmental
21 disabilities facilities under the jurisdiction of the
22 Department of Human Services for the protection of residents,
23 including appointment of on-site monitors or receivers,
24 transfer or relocation of residents, and closure of units.
25 The Inspector General may seek the assistance of the Attorney
26 General or any of the several State's attorneys in imposing
27 such sanctions.
28 (e) The Inspector General shall establish and conduct
29 periodic training programs for Department employees
30 concerning the prevention and reporting of neglect and abuse.
31 (f) The Inspector General shall at all times be granted
32 access to any mental health or developmental disabilities
33 facility operated by the Department, shall establish and
34 conduct unannounced site visits to those facilities at least
-10- LRB9000069LDdvC
1 once annually, and shall be granted access, for the purpose
2 of investigating a report of abuse or neglect, to any
3 facility or program funded by the Department that is subject
4 under the provisions of this Section to investigation by the
5 Inspector General for a report of abuse or neglect.
6 (g) Nothing in this Section shall limit investigations
7 by the Department of Human Services that may otherwise be
8 required by law or that may be necessary in that Department's
9 capacity as the central administrative authority responsible
10 for the operation of State mental health and developmental
11 disability facilities.
12 (h) This Section is repealed on January 1, 2000.
13 (Source: P.A. 89-427, eff. 12-7-95; 89-507, eff. 7-1-97.)
14 Section 99. Effective date. This Act takes effect upon
15 becoming law.