[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
90_HB1446eng
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
HB1446 Engrossed 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9 (Section scheduled to be repealed on January 1, 2000)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.
HB1446 Engrossed -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 The Inspector General shall promulgate rules establishing
6 minimum requirements for reporting allegations of abuse and
7 neglect and initiating, conducting, and completing
8 investigations. The promulgated rules shall clearly set
9 forth that in instances where 2 or more State agencies could
10 investigate an allegation of abuse or neglect, the Inspector
11 General shall not conduct an investigation that is redundant
12 to an investigation conducted by another State agency. The
13 rules shall establish criteria for determining, based upon
14 the nature of the allegation, the appropriate method of
15 investigation, which may include, but need not be limited to,
16 site visits, telephone contacts, or requests for written
17 responses from agencies. The rules shall also clarify how
18 the Office of the Inspector General shall interact with the
19 licensing unit of the Department of Mental Health and
20 Developmental Disabilities in investigations of allegations
21 of abuse or neglect. Any allegations or investigations of
22 reports made pursuant to this Act shall remain confidential
23 until a final report is completed. The resident or patient
24 who allegedly was abused or neglected and his or her legal
25 guardian shall be informed by the facility or agency of the
26 report of alleged abuse or neglect. Final reports regarding
27 unsubstantiated or unfounded allegations shall remain
28 confidential, except that final reports may be disclosed
29 pursuant to Section 6 of this 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
HB1446 Engrossed -3- 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 make a determination
11 to accept or reject a preliminary report of the investigation
12 of alleged abuse or neglect based on established
13 investigative procedures. The facility or agency may
14 request 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 Director of Mental Health and Developmental Disabilities and
29 to the agency in which the abuse or neglect is alleged to
30 have happened. The complete report shall include a written
31 response from the agency or facility operated by the State to
32 the Inspector General that addresses in a concise and
33 reasoned manner the actions that the agency or facility will
34 take or has taken to protect the resident or patient from
HB1446 Engrossed -4- LRB9000069LDdvC
1 abuse or neglect, prevent reoccurrences, and eliminate
2 problems identified and shall include implementation and
3 completion dates for all such action. The Director of Mental
4 Health and Developmental Disabilities shall accept or reject
5 the response and establish how the Department will determine
6 whether the facility or program followed the approved
7 response. The Director may require Department personnel to
8 visit the facility or agency for training, technical
9 assistance, programmatic, licensure, or certification
10 purposes. Administrative action, including sanctions, may be
11 applied should the Director reject the response or should the
12 facility or agency fail to follow the approved response. The
13 facility or agency shall inform the resident or patient and
14 the legal guardian whether the reported allegation was
15 substantiated, unsubstantiated, or unfounded. There shall be
16 an appeals process for any person or agency that is subject
17 to any action based on a recommendation or recommendations.
18 (d) The Inspector General may recommend to the
19 Departments of Public Health and Mental Health and
20 Developmental Disabilities sanctions to be imposed against
21 facilities under the jurisdiction of the Department of Mental
22 Health and Developmental Disabilities for the protection of
23 residents, including appointment of on-site monitors or
24 receivers, transfer or relocation of residents, and closure
25 of units. The Inspector General may seek the assistance of
26 the Attorney General or any of the several State's attorneys
27 in imposing 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 facility operated by the Department, shall
33 establish and conduct unannounced site visits to those
34 facilities at least once annually, and shall be granted
HB1446 Engrossed -5- LRB9000069LDdvC
1 access, for the purpose of investigating a report of abuse or
2 neglect, to any facility or program funded by the Department
3 that is subject under the provisions of this Section to
4 investigation by the Inspector General for a report of abuse
5 or neglect.
6 (g) Nothing in this Section shall limit investigations
7 by the Department of Mental Health and Developmental
8 Disabilities that may otherwise be required by law or that
9 may be necessary in that Department's capacity as the central
10 administrative authority responsible for the operation of
11 State mental health and developmental disability facilities.
12 (h) This Section is repealed on January 1, 2000.
13 (Source: P.A. 89-427, eff. 12-7-95.)
14 (Text of Section taking effect July 1, 1997)
15 Sec. 6.2. Inspector General.
16 (a) The Governor shall appoint, and the Senate shall
17 confirm, an Inspector General who shall function within the
18 Department of Human Services and report to the Secretary of
19 Human Services. The Inspector General shall investigate
20 reports of suspected abuse or neglect (as those terms are
21 defined in Section 3 of this Act) of patients or residents in
22 any mental health or developmental disabilities facility
23 operated by the Department of Human Services and shall have
24 authority to investigate and take immediate action on reports
25 of abuse or neglect of recipients, whether patients or
26 residents, in any mental health or developmental disabilities
27 facility or program that is licensed or certified by the
28 Department of Human Services (as successor to the Department
29 of Mental Health and Developmental Disabilities) or that is
30 funded by the Department of Human Services (as successor to
31 the Department of Mental Health and Developmental
32 Disabilities) and is not licensed or certified by any agency
33 of the State. At the specific, written request of an agency
34 of the State other than the Department of Human Services (as
HB1446 Engrossed -6- LRB9000069LDdvC
1 successor to the Department of Mental Health and
2 Developmental Disabilities), the Inspector General may
3 cooperate in investigating reports of abuse and neglect of
4 persons with mental illness or persons with developmental
5 disabilities. The Inspector General shall have no
6 supervision over or involvement in routine, programmatic,
7 licensure, or certification operations of the Department of
8 Human Services or any of its funded agencies.
9 The Inspector General shall promulgate rules establishing
10 minimum requirements for reporting allegations of abuse and
11 neglect and initiating, conducting, and completing
12 investigations. The promulgated rules shall clearly set
13 forth that in instances where 2 or more State agencies could
14 investigate an allegation of abuse or neglect, the Inspector
15 General shall not conduct an investigation that is redundant
16 to an investigation conducted by another State agency. The
17 rules shall establish criteria for determining, based upon
18 the nature of the allegation, the appropriate method of
19 investigation, which may include, but need not be limited to,
20 site visits, telephone contacts, or requests for written
21 responses from agencies. The rules shall also clarify how
22 the Office of the Inspector General shall interact with the
23 licensing unit of the Department of Human Services in
24 investigations of allegations of abuse or neglect. Any
25 allegations or investigations of reports made pursuant to
26 this Act shall remain confidential until a final report is
27 completed. The resident or patient who allegedly was abused
28 or neglected and his or her legal guardian shall be informed
29 by the facility or agency of the report of alleged abuse or
30 neglect. Final reports regarding unsubstantiated or unfounded
31 allegations shall remain confidential, except that final
32 reports may be disclosed pursuant to Section 6 of this Act.
33 The Inspector General shall be appointed for a term of 4
34 years.
HB1446 Engrossed -7- LRB9000069LDdvC
1 (b) The Inspector General shall within 24 hours after
2 receiving a report of suspected abuse or neglect determine
3 whether the evidence indicates that any possible criminal act
4 has been committed. If he determines that a possible criminal
5 act has been committed, or that special expertise is required
6 in the investigation, he shall immediately notify the
7 Department of State Police. The Department of State Police
8 shall investigate any report indicating a possible murder,
9 rape, or other felony. All investigations conducted by the
10 Inspector General shall be conducted in a manner designed to
11 ensure the preservation of evidence for possible use in a
12 criminal prosecution.
13 (b-5) The Inspector General shall make a determination
14 to accept or reject a preliminary report of the investigation
15 of alleged abuse or neglect based on established
16 investigative procedures. The facility or agency may request
17 clarification or reconsideration based on additional
18 information. For cases where the allegation of abuse or
19 neglect is substantiated, the Inspector General shall require
20 the facility or agency to submit a written response. The
21 written response from a facility or agency shall address in a
22 concise and reasoned manner the actions that the agency or
23 facility will take or has taken to protect the resident or
24 patient from abuse or neglect, prevent reoccurrences, and
25 eliminate problems identified and shall include
26 implementation and completion dates for all such action.
27 (c) The Inspector General shall, within 10 calendar days
28 after the transmittal date of a completed investigation where
29 abuse or neglect is substantiated or administrative action is
30 recommended, provide a complete report on the case to the
31 Secretary of Human Services and to the agency in which the
32 abuse or neglect is alleged to have happened. The complete
33 report shall include a written response from the agency or
34 facility operated by the State to the Inspector General that
HB1446 Engrossed -8- LRB9000069LDdvC
1 addresses in a concise and reasoned manner the actions that
2 the agency or facility will take or has taken to protect the
3 resident or patient from abuse or neglect, prevent
4 reoccurrences, and eliminate problems identified and shall
5 include implementation and completion dates for all such
6 action. The Secretary of Human Services shall accept or
7 reject the response and establish how the Department will
8 determine whether the facility or program followed the
9 approved response. The Secretary may require Department
10 personnel to visit the facility or agency for training,
11 technical assistance, programmatic, licensure, or
12 certification purposes. Administrative action, including
13 sanctions, may be applied should the Secretary reject the
14 response or should the facility or agency fail to follow the
15 approved response. The facility or agency shall inform the
16 resident or patient and the legal guardian whether the
17 reported allegation was substantiated, unsubstantiated, or
18 unfounded. There shall be an appeals process for any person
19 or agency that is subject to any action based on a
20 recommendation or recommendations.
21 (d) The Inspector General may recommend to the
22 Departments of Public Health and Human Services sanctions to
23 be imposed against mental health and developmental
24 disabilities facilities under the jurisdiction of the
25 Department of Human Services for the protection of residents,
26 including appointment of on-site monitors or receivers,
27 transfer or relocation of residents, and closure of units.
28 The Inspector General may seek the assistance of the Attorney
29 General or any of the several State's attorneys in imposing
30 such sanctions.
31 (e) The Inspector General shall establish and conduct
32 periodic training programs for Department employees
33 concerning the prevention and reporting of neglect and abuse.
34 (f) The Inspector General shall at all times be granted
HB1446 Engrossed -9- LRB9000069LDdvC
1 access to any mental health or developmental disabilities
2 facility operated by the Department, shall establish and
3 conduct unannounced site visits to those facilities at least
4 once annually, and shall be granted access, for the purpose
5 of investigating a report of abuse or neglect, to any
6 facility or program funded by the Department that is subject
7 under the provisions of this Section to investigation by the
8 Inspector General for a report of abuse or neglect.
9 (g) Nothing in this Section shall limit investigations
10 by the Department of Human Services that may otherwise be
11 required by law or that may be necessary in that Department's
12 capacity as the central administrative authority responsible
13 for the operation of State mental health and developmental
14 disability facilities.
15 (h) This Section is repealed on January 1, 2000.
16 (Source: P.A. 89-427, eff. 12-7-95; 89-507, eff. 7-1-97.)
17 Section 99. Effective date. This Act takes effect upon
18 becoming law.