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90_SB0240
20 ILCS 505/35.5
20 ILCS 505/35.6
20 ILCS 515/20
20 ILCS 520/1-15
210 ILCS 30/6 from Ch. 111 1/2, par. 4166
210 ILCS 30/6.2 from Ch. 111 1/2, par. 4166.2
210 ILCS 30/6.3 rep.
210 ILCS 30/6.4 rep.
305 ILCS 5/8A-12
305 ILCS 5/12-13.1
405 ILCS 5/5-100A from Ch. 91 1/2, par. 5-100A
405 ILCS 5/5-100A from Ch. 91 1/2, par. 5-100A
Creates the Inspector General Act. Creates the Office of
the Inspector General to replace the inspectors general who
currently function in the Department of Children and Family
Services, the Department of Mental Health and Developmental
Disabilities or its successor, the Department of Human
Services, and the Department of Public Aid. Provides for an
Inspector General and up to 3 Deputy Inspectors General
appointed by the Governor and confirmed by the Senate for
2-year terms who may be removed by the Governor without
cause. Provides for transfer of powers, property, and
personnel to the new Office of the Inspector General. Amends
the Children and Family Services Act, the Child Death Review
Team Act, the Foster Parent Law, the Abused and Neglected
Long Term Care Facility Residents Reporting Act, the Public
Aid Code, and the Mental Health and Developmental
Disabilities Code to make conforming changes. Effective July
1, 1997.
LRB9001118LDdvA
LRB9001118LDdvA
1 AN ACT to create the Office of the Inspector General.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Inspector General Act.
6 Section 5. Purpose. It is the purpose of this Act to
7 provide for the creation of the Office of the Inspector
8 General and to transfer to it certain rights, powers, duties,
9 and functions currently exercised by inspectors general in
10 the Department of Children and Family Services, the
11 Department of Human Services as successor to the Department
12 of Mental Health and Developmental Disabilities, and the
13 Department of Public Aid.
14 Section 10. Inspector General; organization.
15 (a) There is created the Office of the Inspector
16 General. The Office shall be headed by the Inspector
17 General, who shall be appointed by the Governor and confirmed
18 by the Senate in the same manner as directors of departments
19 under the Civil Administrative Code of Illinois. The
20 Inspector General shall be appointed for a term of 2 years.
21 The Inspector General shall report directly to the Governor
22 and shall not be subject to direction by the head of any
23 department of State government and may be removed by the
24 Governor without cause.
25 (b) The Governor may appoint up to 3 Deputy Inspectors
26 General. The Deputy Inspectors General shall be appointed by
27 the Governor and confirmed by the Senate in the same manner
28 as assistant directors of departments under the Civil
29 Administrative Code of Illinois and may be removed by the
30 Governor without cause. The Deputy Inspectors General shall
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1 each be appointed for terms of 2 years.
2 (c) The Inspector General's compensation shall be an
3 amount equal to that provided by law for an Assistant
4 Director of Public Aid or such other amount as may be
5 specified by the Compensation Review Board. The compensation
6 of the Deputy Inspectors General shall be determined by the
7 Inspector General.
8 (d) The Inspector General may create divisions and
9 administrative units and may assign functions, powers,
10 duties, and personnel as may be necessary or desirable to
11 carry out the functions and responsibilities vested by law in
12 the Office of the Inspector General.
13 (e) The Office of the Inspector General shall begin
14 operation on July 1, 1997.
15 Section 15. General powers and duties.
16 (a) The Inspector General shall exercise the rights,
17 powers, duties, and functions provided by law, including (but
18 not limited to) the rights, powers, duties, and functions
19 transferred to the Inspector General under this Act.
20 (b) The Inspector General may employ personnel (in
21 accordance with the Personnel Code), provide facilities,
22 contract for goods and services, and adopt rules as necessary
23 to carry out the functions and purposes of the Office of the
24 Inspector General, all in accordance with applicable law.
25 Section 20. Discontinued offices of inspector general;
26 successor agency.
27 (a) The offices of inspector general in the Department
28 of Children and Family Services, the Department of Human
29 Services as successor to the Department of Mental Health and
30 Developmental Disabilities, and the Department of Public Aid
31 are abolished on July 1, 1997.
32 (b) The terms of the persons then serving as the
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1 inspectors general of the Department of Children and Family
2 Services, the Department of Human Services as successor to
3 the Department of Mental Health and Developmental
4 Disabilities, and the Department of Public Aid shall end on
5 July 1, 1997, and those offices are abolished on that date.
6 (c) For the purposes of the Successor Agency Act, the
7 Office of the Inspector General created under this Act is
8 declared to be the successor agency of the offices of
9 inspector general in the Department of Children and Family
10 Services, the Department of Human Services as successor to
11 the Department of Mental Health and Developmental
12 Disabilities, and the Department of Public Aid.
13 Section 25. Transfer of powers. Except as otherwise
14 provided in this Act, all of the rights, powers, duties, and
15 functions vested by law in the offices of inspector general
16 in the Department of Children and Family Services, the
17 Department of Human Services as successor to the Department
18 of Mental Health and Developmental Disabilities, and the
19 Department of Public Aid are transferred on July 1, 1997 to
20 the Office of the Inspector General created under this Act.
21 The Office of the Inspector General may exercise all of the
22 rights, powers, duties, and functions vested by law in the
23 predecessor agencies, and the Office may not exercise any
24 greater rights, powers, duties, or functions than were
25 exercised by those predecessor agencies except as
26 specifically authorized by law.
27 Section 30. Transfer of personnel.
28 (a) Personnel employed by the offices of inspector
29 general in the Department of Children and Family Services,
30 the Department of Human Services as successor to the
31 Department of Mental Health and Developmental Disabilities,
32 or the Department of Public Aid on June 30, 1997 are
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1 transferred on July 1, 1997 to the Office of the Inspector
2 General created under this Act.
3 (b) The rights of State employees, the State, and its
4 agencies under the Personnel Code and applicable collective
5 bargaining agreements and retirement plans are not affected
6 by this Act.
7 Section 35. Transfer of property. All books, records,
8 documents, property (real and personal), unexpended
9 appropriations, and pending business pertaining to the
10 rights, powers, duties, and functions transferred to the
11 Office of the Inspector General under this Act shall be
12 transferred and delivered to the Office of the Inspector
13 General effective July 1, 1997.
14 Section 40. Rules and standards.
15 (a) The rules and standards of the Office of the
16 Inspector General's predecessor agencies that are in effect
17 on June 30, 1997 and pertain to the rights, powers, duties,
18 and functions transferred to the Office under this Act shall
19 become the rules and standards of the Office of the Inspector
20 General on July 1, 1997 and shall continue in effect until
21 amended or repealed by the Office.
22 (b) Any rules pertaining to the rights, powers, duties,
23 and functions transferred to the Office of the Inspector
24 General under this Act that have been proposed by a
25 predecessor agency but have not taken effect or been finally
26 adopted by June 30, 1997 shall become proposed rules of the
27 Office of the Inspector General on July 1, 1997, and any
28 rulemaking procedures that have already been completed by the
29 predecessor agency for those proposed rules need not be
30 repeated.
31 (c) As soon as practical after July 1, 1997, the Office
32 of the Inspector General shall revise and clarify the rules
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1 transferred to it under this Act to reflect the
2 reorganization of rights, powers, duties, and functions
3 effected by this Act using the procedures for recodification
4 of rules available under the Illinois Administrative
5 Procedure Act, except that existing title, part, and section
6 numbering for the affected rules may be retained. The Office
7 of the Inspector General may propose and adopt under the
8 Illinois Administrative Procedure Act such other rules as may
9 be necessary to consolidate and clarify the rules of the
10 agencies reorganized by this Act.
11 Section 45. Savings provisions.
12 (a) The rights, powers, duties, and functions
13 transferred to the Office of the Inspector General by this
14 Act shall be vested in and exercised by the Office subject to
15 the provisions of this Act. An act done by the Office of the
16 Inspector General or an officer, employee, or agent of the
17 Office in the exercise of the transferred rights, powers,
18 duties, or functions shall have the same legal effect as if
19 done by the predecessor agency or an officer, employee, or
20 agent of the predecessor agency.
21 (b) The transfer of rights, powers, duties, and
22 functions to the Office of the Inspector General under this
23 Act does not invalidate any previous action taken by or in
24 respect to any of its predecessor agencies or their officers,
25 employees, or agents. References to those predecessor
26 agencies or their officers, employees or agents in any
27 document, contract, agreement, or law shall, in appropriate
28 contexts, be deemed to refer to the Office of the Inspector
29 General created under this Act or its officers, employees, or
30 agents.
31 (c) The transfer of rights, powers, duties, and
32 functions to the Office of the Inspector General under this
33 Act does not affect any person's rights, obligations, or
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1 duties, including any civil or criminal penalties applicable
2 thereto, arising out of those transferred rights, powers,
3 duties, and functions.
4 (d) With respect to matters that pertain to a right,
5 power, duty, or function transferred to the Office of the
6 Inspector General under this Act:
7 (1) Beginning July 1, 1997, a report or notice that
8 was previously required to be made or given by any person
9 to a predecessor agency or any of its officers,
10 employees, or agents shall be made or given in the same
11 manner to the Office or its appropriate officer,
12 employee, or agent.
13 (2) Beginning July 1, 1997, a document that was
14 previously required to be furnished or served by any
15 person to or upon a predecessor agency or any of its
16 officers, employees, or agents shall be furnished or
17 served in the same manner to or upon the Office or its
18 appropriate officer, employee, or agent.
19 (e) This Act does not affect any act done, ratified, or
20 cancelled, any right occurring or established, or any action
21 or proceeding had or commenced in an administrative, civil,
22 or criminal cause before July 1, 1997. Any such action or
23 proceeding that pertains to a right, power, duty, or function
24 transferred to the Office of the Inspector General under this
25 Act and that is pending on that date may be prosecuted,
26 defended, or continued by the Office of the Inspector
27 General.
28 Section 50. Reports. The Inspector General shall make
29 reports to the Governor and the General Assembly as required
30 by law. To the extent practicable, the reports concerning the
31 Inspector General's functions exercised with respect to
32 various departments of State government during a particular
33 reporting period may be combined in a single document.
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1 Section 55. Audit. The Auditor General shall conduct a
2 management or program audit of the Office of the Inspector
3 General at least every 5 years, except that a more frequent
4 audit of particular functions of the Inspector General shall
5 be conducted if otherwise required by law. To the extent
6 practicable, an audit required under any other provision of
7 law may be combined with the audit required under this
8 Section.
9 Section 900. The Children and Family Services Act is
10 amended by changing Sections 35.5 and 35.6 as follows:
11 (20 ILCS 505/35.5)
12 Sec. 35.5. Inspector General.
13 (a) In this Act, "Inspector General" means the Inspector
14 General appointed under the Inspector General Act. The
15 Governor shall appoint, and the Senate shall confirm, an
16 Inspector General who shall have the authority to conduct
17 investigations into allegations of or incidents of possible
18 misconduct, misfeasance, malfeasance, or violations of rules,
19 procedures, or laws by any employee, foster parent, service
20 provider, or contractor of the Department of Children and
21 Family Services. The Inspector General shall make
22 recommendations to the Governor and the Director of Children
23 and Family Services concerning sanctions or disciplinary
24 actions against Department employees or providers of service
25 under contract to the Department. Any investigation
26 conducted by the Inspector General shall be independent and
27 separate from the investigation mandated by the Abused and
28 Neglected Child Reporting Act. The Inspector General shall be
29 appointed for a term of 4 years. The Inspector General shall
30 be independent of the operations of the Department and shall
31 report to the Director of Children and Family Services and
32 perform other duties the Director may designate.
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1 (b) The Inspector General shall have access to all
2 information and personnel necessary to perform the duties of
3 the office. To minimize duplication of efforts, and to
4 assure consistency and conformance with the requirements and
5 procedures established in the B.H. v. Suter consent decree
6 and to share resources when appropriate, the Inspector
7 General shall coordinate his or her activities with the
8 Bureau of Quality Assurance within the Department.
9 (c) The Inspector General shall be the primary liaison
10 between the Department and the Department of State Police
11 with regard to investigations conducted under the Inspector
12 General's auspices. If the Inspector General determines that
13 a possible criminal act has been committed, or that special
14 expertise is required in the investigation, he or she shall
15 immediately notify the Department of State Police. All
16 investigations conducted by the Inspector General shall be
17 conducted in a manner designed to ensure the preservation of
18 evidence for possible use in a criminal prosecution.
19 (d) The Inspector General may recommend to the Governor
20 and to the Department of Children and Family Services, the
21 Department of Public Health, or any other appropriate agency,
22 sanctions to be imposed against service providers under the
23 jurisdiction of or under contract with the Department for the
24 protection of children in the custody or under the
25 guardianship of the Department who received services from
26 those providers. The Inspector General may seek the
27 assistance of the Attorney General or any of the several
28 State's Attorneys in imposing sanctions.
29 (e) The Inspector General shall at all times be granted
30 access to any foster home, facility, or program operated for
31 or licensed or funded by the Department.
32 (f) Nothing in this Section shall limit investigations
33 by the Department of Children and Family Services that may
34 otherwise be required by law or that may be necessary in that
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1 Department's capacity as the central administrative authority
2 for child welfare.
3 (g) The Inspector General shall have the power to
4 subpoena witnesses and compel the production of books and
5 papers pertinent to an investigation authorized by this Act.
6 The power to subpoena or to compel the production of books
7 and papers, however, shall not extend to the person or
8 documents of a labor organization or its representatives
9 insofar as the person or documents of a labor organization
10 relate to the function of representing an employee subject to
11 investigation under this Act. Any person who fails to appear
12 in response to a subpoena or to answer any question or
13 produce any books or papers pertinent to an investigation
14 under this Act, except as otherwise provided in this Section,
15 or who knowingly gives false testimony in relation to an
16 investigation under this Act is guilty of a Class A
17 misdemeanor.
18 (h) The Inspector General shall provide to the General
19 Assembly and the Governor, no later than January 1 of each
20 year, a summary of reports and investigations made under this
21 Section for the prior fiscal year. The summaries shall detail
22 the imposition of sanctions and the final disposition of
23 those recommendations. The summaries shall not contain any
24 confidential or identifying information concerning the
25 subjects of the reports and investigations. The summaries
26 also shall include detailed recommended administrative
27 actions and matters for consideration by the General
28 Assembly.
29 (Source: P.A. 88-7.)
30 (20 ILCS 505/35.6)
31 Sec. 35.6. Foster parent state-wide, toll-free telephone
32 number.
33 (a) There shall be a State-wide, toll-free telephone
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1 number for foster parents, whether or not mandated by law, to
2 report to the Inspector General of the Department, suspected
3 misconduct, malfeasance, misfeasance, or violations of rules,
4 procedures, or laws by Department employees, service
5 providers, or contractors that is detrimental to the best
6 interest of children receiving care, services, or training
7 from or who were committed to the Department as allowed under
8 Section 5 of this Act. Immediately upon receipt of a
9 telephone call regarding suspected abuse or neglect of
10 children, the Inspector General shall refer the call to the
11 Child Abuse and Neglect Hotline or to the State Police as
12 mandated by the Abused and Neglected Child Reporting Act and
13 Section 35.5 of this Act. A mandated reporter shall not be
14 relieved of his or her duty to report incidents to the Child
15 Abuse and Neglect Hotline referred to in this subsection.
16 The Inspector General shall also establish rules and
17 procedures for evaluating reports of suspected misconduct and
18 violation of rules and for conducting an investigation of
19 such reports.
20 (b) The Inspector General shall prepare and maintain
21 written records from the reporting source that shall contain
22 the following information to the extent known at the time the
23 report is made: (1) the names and addresses of the child and
24 the person responsible for the child's welfare; (2) the
25 nature of the misconduct and the detriment cause to the
26 child's best interest; (3) the names of the persons or
27 agencies responsible for the alleged misconduct. Any
28 investigation conducted by the Inspector General pursuant to
29 such information shall not duplicate and shall be separate
30 from the investigation mandated by the Abused and Neglected
31 Child Reporting Act. However, the Inspector General may
32 include the results of such investigation in reports compiled
33 under this Section. At the request of the reporting agent,
34 the Inspector General shall keep the identity of the
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1 reporting agent strictly confidential from the operation of
2 the Department, until the Inspector General shall determine
3 what recommendations shall be made with regard to discipline
4 or sanction of the Department employee, service provider, or
5 contractor, with the exception of suspected child abuse or
6 neglect which shall be handled consistent with the Abused and
7 Neglected Child Reporting Act and Section 35.5 of this Act.
8 The Department shall take whatever steps are necessary to
9 assure that a person making a report in good faith under this
10 Section is not adversely affected solely on the basis of
11 having made such report.
12 (Source: P.A. 88-7; 88-491.)
13 Section 905. The Child Death Review Team Act is amended
14 by changing Section 20 as follows:
15 (20 ILCS 515/20)
16 Sec. 20. Reviews of child deaths.
17 (a) A child death review team shall review every death
18 of a child that occurs in the subregion served by that team
19 in which the deceased child was any of the following:
20 (1) A ward of the Department.
21 (2) The subject of an open service case maintained
22 by the Department.
23 (3) The subject of a pending child abuse or neglect
24 investigation.
25 (4) A child who was the subject of an abuse or
26 neglect investigation at any time during the 12 months
27 preceding the child's death.
28 A child death review team may, at its discretion, review
29 other sudden, unexpected, or unexplained child deaths.
30 (b) A child death review team's purpose in conducting
31 reviews of child deaths is to do the following:
32 (1) Assist in determining the cause and manner of
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1 the child's death, when requested.
2 (2) Evaluate means by which the death might have
3 been prevented.
4 (3) Report its findings to appropriate agencies and
5 make recommendations that may help to reduce the number
6 of child deaths caused by abuse or neglect.
7 (4) Promote continuing education for professionals
8 involved in investigating, treating, and preventing child
9 abuse and neglect as a means of preventing child deaths
10 due to abuse or neglect.
11 (5) Make specific recommendations to the Director
12 and the Inspector General appointed under the Inspector
13 General Act of the Department concerning the prevention
14 of child deaths due to abuse or neglect and the
15 establishment of protocols for investigating child
16 deaths.
17 (c) A child death review team shall review a child death
18 as soon as practical and not later than 90 days following the
19 child's death. A child death review team shall meet at least
20 once in each calendar quarter.
21 (d) The Director shall, within 90 days, review and reply
22 to recommendations made by a team under item (5) of
23 subsection (b). The Director shall implement recommendations
24 as feasible and appropriate and shall respond in writing to
25 explain the implementation or nonimplementation of the
26 recommendations.
27 (Source: P.A. 88-614, eff. 9-7-94.)
28 Section 910. The Foster Parent Law is amended by changing
29 Section 1-15 as follows:
30 (20 ILCS 520/1-15)
31 Sec. 1-15. Foster parent rights. A foster parent's
32 rights include, but are not limited to, the following:
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1 (1) The right to be treated with dignity, respect,
2 and consideration as a professional member of the child
3 welfare team.
4 (2) The right to be given standardized pre-service
5 training and appropriate ongoing training to meet
6 mutually assessed needs and improve the foster parent's
7 skills.
8 (3) The right to be informed as to how to contact
9 the appropriate child placement agency in order to
10 receive information and assistance to access supportive
11 services for children in the foster parent's care.
12 (4) The right to receive timely financial
13 reimbursement commensurate with the care needs of the
14 child as specified in the service plan.
15 (5) The right to be provided a clear, written
16 understanding of a placement agency's plan concerning the
17 placement of a child in the foster parent's home.
18 Inherent in this right is the foster parent's
19 responsibility to support activities that will promote
20 the child's right to relationships with his or her own
21 family and cultural heritage.
22 (6) The right to be provided a fair, timely, and
23 impartial investigation of complaints concerning the
24 foster parent's licensure, to be provided the opportunity
25 to have a person of the foster parent's choosing present
26 during the investigation, and to be provided due process
27 during the investigation; the right to be provided the
28 opportunity to request and receive mediation or an
29 administrative review of decisions that affect licensing
30 parameters, or both mediation and an administrative
31 review; and the right to have decisions concerning a
32 licensing corrective action plan specifically explained
33 and tied to the licensing standards violated.
34 (7) The right, at any time during which a child is
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1 placed with the foster parent, to receive additional or
2 necessary information that is relevant to the care of the
3 child.
4 (8) The right to be notified of scheduled meetings
5 and staffings concerning the foster child in order to
6 actively participate in the case planning and
7 decision-making process regarding the child, including
8 individual service planning meetings, administrative case
9 reviews, interdisciplinary staffings, and individual
10 educational planning meetings; the right to be informed
11 of decisions made by the courts or the child welfare
12 agency concerning the child; the right to provide input
13 concerning the plan of services for the child and to have
14 that input given full consideration in the same manner as
15 information presented by any other professional on the
16 team; and the right to communicate with other
17 professionals who work with the foster child within the
18 context of the team, including therapists, physicians,
19 and teachers.
20 (9) The right to be given, in a timely and
21 consistent manner, any information a case worker has
22 regarding the child and the child's family which is
23 pertinent to the care and needs of the child and to the
24 making of a permanency plan for the child. Disclosure of
25 information concerning the child's family shall be
26 limited to that information that is essential for
27 understanding the needs of and providing care to the
28 child in order to protect the rights of the child's
29 family. When a positive relationship exists between the
30 foster parent and the child's family, the child's family
31 may consent to disclosure of additional information.
32 (10) The right to be given reasonable written
33 notice of (i) any change in a child's case plan, (ii)
34 plans to terminate the placement of the child with the
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1 foster parent, and (iii) the reasons for the change or
2 termination in placement. The notice shall be waived
3 only in cases of a court order or when the child is
4 determined to be at imminent risk of harm.
5 (11) The right to be notified in a timely and
6 complete manner of all court hearings, including notice
7 of the date and time of the court hearing, the name of
8 the judge or hearing officer hearing the case, the
9 location of the hearing, and the court docket number of
10 the case; and the right to intervene in court proceedings
11 or to seek mandamus under the Juvenile Court Act of 1987.
12 (12) The right to be considered as a placement
13 option when a foster child who was formerly placed with
14 the foster parent is to be re-entered into foster care,
15 if that placement is consistent with the best interest of
16 the child and other children in the foster parent's home.
17 (13) The right to have timely access to the child
18 placement agency's existing appeals process and the right
19 to be free from acts of harassment and retaliation by any
20 other party when exercising the right to appeal.
21 (14) The right to be informed of the Foster Parent
22 Hotline established under Section 35.6 of the Children
23 and Family Services Act and all of the rights accorded to
24 foster parents concerning reports of misconduct by
25 Department employees, service providers, or contractors,
26 confidential handling of those reports, and investigation
27 by the Inspector General appointed under the Inspector
28 General Act Section 35.5 of the Children and Family
29 Services Act.
30 (Source: P.A. 89-19, eff. 6-3-95.)
31 Section 915. The Abused and Neglected Long Term Care
32 Facility Residents Reporting Act is amended by changing
33 Sections 6 and 6.2 as follows:
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1 (210 ILCS 30/6) (from Ch. 111 1/2, par. 4166)
2 (Text of Section before amendment by P.A. 89-507)
3 Sec. 6. All reports of suspected abuse or neglect made
4 under this Act shall be made immediately by telephone to the
5 Department's central register established under Section 14 on
6 the single, State-wide, toll-free telephone number
7 established under Section 13, or in person or by telephone
8 through the nearest Department office. No long term care
9 facility administrator, agent or employee, or any other
10 person, shall screen reports or otherwise withhold any
11 reports from the Department, and no long term care facility,
12 department of State government, or other agency shall
13 establish any rules, criteria, standards or guidelines to the
14 contrary. Every long term care facility, department of State
15 government and other agency whose employees are required to
16 make or cause to be made reports under Section 4 shall notify
17 its employees of the provisions of that Section and of this
18 Section, and provide to the Department documentation that
19 such notification has been given. The Department of Mental
20 Health and Developmental Disabilities shall train all of its
21 employees in the detection and reporting of suspected abuse
22 and neglect of residents. Reports made to the central
23 register through the State-wide, toll-free telephone number
24 shall be transmitted to appropriate Department offices and
25 municipal health departments that have responsibility for
26 licensing long term care facilities under the Nursing Home
27 Care Act. All reports received through offices of the
28 Department shall be forwarded to the central register, in a
29 manner and form described by the Department. The Department
30 shall be capable of receiving reports of suspected abuse and
31 neglect 24 hours a day, 7 days a week. Reports shall also be
32 made in writing deposited in the U.S. mail, postage prepaid,
33 within 24 hours after having reasonable cause to believe that
34 the condition of the resident resulted from abuse or neglect.
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1 Such reports may in addition be made to the local law
2 enforcement agency in the same manner. However, in the event
3 a report is made to the local law enforcement agency, the
4 reporter also shall immediately so inform the Department.
5 The Department shall initiate an investigation of each report
6 of resident abuse and neglect under this Act, whether oral or
7 written, as provided for in Section 3-702 of the Nursing Home
8 Care Act, except that reports of abuse which indicate that a
9 resident's life or safety is in imminent danger shall be
10 investigated within 24 hours of such report. The Department
11 may delegate to law enforcement officials or other public
12 agencies the duty to perform such investigation.
13 With respect to investigations of reports of suspected
14 abuse or neglect of residents of institutions under the
15 jurisdiction of the Department of Mental Health and
16 Developmental Disabilities, the Department shall transmit
17 copies of such reports to the Department of State Police, the
18 Department of Mental Health and Developmental Disabilities,
19 and the Inspector General appointed under the Inspector
20 General Act Section 6.2. If the Department receives a report
21 of suspected abuse or neglect of a recipient of services as
22 defined in Section 1-123 of the Mental Health and
23 Developmental Disabilities Code, the Department shall
24 transmit copies of such report to the Inspector General and
25 the Directors of the Guardianship and Advocacy Commission and
26 the agency designated by the Governor pursuant to the
27 Protection and Advocacy for Developmentally Disabled Persons
28 Act. When requested by the Director of the Guardianship and
29 Advocacy Commission or the agency designated by the Governor
30 pursuant to the Protection and Advocacy for Developmentally
31 Disabled Persons Act, the Department, the Department of
32 Mental Health and Developmental Disabilities and the
33 Department of State Police shall make available a copy of the
34 final investigative report regarding investigations conducted
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1 by their respective agencies on incidents of suspected abuse
2 or neglect of residents of institutions under the
3 jurisdiction of the Department of Mental Health and
4 Developmental Disabilities. Such final investigative report
5 shall not contain witness statements, investigation notes,
6 draft summaries, results of lie detector tests, investigative
7 files or other raw data which was used to compile the final
8 investigative report. Specifically, the final investigative
9 report of the Department of State Police shall mean the
10 Director's final transmittal letter. The Department of
11 Mental Health and Developmental Disabilities shall also make
12 available a copy of the results of disciplinary proceedings
13 of employees involved in incidents of abuse or neglect to the
14 Directors. All identifiable information in reports provided
15 shall not be further disclosed except as provided by the
16 Mental Health and Developmental Disabilities Confidentiality
17 Act. Nothing in this Section is intended to limit or
18 construe the power or authority granted to the agency
19 designated by the Governor pursuant to the Protection and
20 Advocacy for Developmentally Disabled Persons Act, pursuant
21 to any other State or federal statute.
22 With respect to investigations of reported resident abuse
23 or neglect, the Department shall effect with appropriate law
24 enforcement agencies formal agreements concerning methods and
25 procedures for the conduct of investigations into the
26 criminal histories of any administrator, staff assistant or
27 employee of the nursing home or other person responsible for
28 the residents care, as well as for other residents in the
29 nursing home who may be in a position to abuse, neglect or
30 exploit the patient. Pursuant to the formal agreements
31 entered into with appropriate law enforcement agencies, the
32 Department may request information with respect to whether
33 the person or persons set forth in this paragraph have ever
34 been charged with a crime and if so, the disposition of those
-19- LRB9001118LDdvA
1 charges. Unless the criminal histories of the subjects
2 involved crimes of violence or resident abuse or neglect, the
3 Department shall be entitled only to information limited in
4 scope to charges and their dispositions. In cases where
5 prior crimes of violence or resident abuse or neglect are
6 involved, a more detailed report can be made available to
7 authorized representatives of the Department, pursuant to the
8 agreements entered into with appropriate law enforcement
9 agencies. Any criminal charges and their disposition
10 information obtained by the Department shall be confidential
11 and may not be transmitted outside the Department, except as
12 required herein, to authorized representatives or delegates
13 of the Department, and may not be transmitted to anyone
14 within the Department who is not duly authorized to handle
15 resident abuse or neglect investigations.
16 The Department shall effect formal agreements with
17 appropriate law enforcement agencies in the various counties
18 and communities to encourage cooperation and coordination in
19 the handling of resident abuse or neglect cases pursuant to
20 this Act. The Department shall adopt and implement methods
21 and procedures to promote statewide uniformity in the
22 handling of reports of abuse and neglect under this Act, and
23 those methods and procedures shall be adhered to by personnel
24 of the Department involved in such investigations and
25 reporting. The Department shall also make information
26 required by this Act available to authorized personnel within
27 the Department, as well as its authorized representatives.
28 The Department shall keep a continuing record of all
29 reports made pursuant to this Act, including indications of
30 the final determination of any investigation and the final
31 disposition of all reports.
32 The Department shall report annually to the General
33 Assembly on the incidence of abuse and neglect of long term
34 care facility residents, with special attention to residents
-20- LRB9001118LDdvA
1 who are mentally disabled. The report shall include but not
2 be limited to data on the number and source of reports of
3 suspected abuse or neglect filed under this Act, the nature
4 of any injuries to residents, the final determination of
5 investigations, the type and number of cases where abuse or
6 neglect is determined to exist, and the final disposition of
7 cases.
8 (Source: P.A. 86-820; 86-1013; 86-1416; 87-828.)
9 (Text of Section after amendment by P.A. 89-507)
10 Sec. 6. All reports of suspected abuse or neglect made
11 under this Act shall be made immediately by telephone to the
12 Department's central register established under Section 14 on
13 the single, State-wide, toll-free telephone number
14 established under Section 13, or in person or by telephone
15 through the nearest Department office. No long term care
16 facility administrator, agent or employee, or any other
17 person, shall screen reports or otherwise withhold any
18 reports from the Department, and no long term care facility,
19 department of State government, or other agency shall
20 establish any rules, criteria, standards or guidelines to the
21 contrary. Every long term care facility, department of State
22 government and other agency whose employees are required to
23 make or cause to be made reports under Section 4 shall notify
24 its employees of the provisions of that Section and of this
25 Section, and provide to the Department documentation that
26 such notification has been given. The Department of Human
27 Services shall train all of its mental health and
28 developmental disabilities employees in the detection and
29 reporting of suspected abuse and neglect of residents.
30 Reports made to the central register through the State-wide,
31 toll-free telephone number shall be transmitted to
32 appropriate Department offices and municipal health
33 departments that have responsibility for licensing long term
34 care facilities under the Nursing Home Care Act. All reports
-21- LRB9001118LDdvA
1 received through offices of the Department shall be forwarded
2 to the central register, in a manner and form described by
3 the Department. The Department shall be capable of receiving
4 reports of suspected abuse and neglect 24 hours a day, 7 days
5 a week. Reports shall also be made in writing deposited in
6 the U.S. mail, postage prepaid, within 24 hours after having
7 reasonable cause to believe that the condition of the
8 resident resulted from abuse or neglect. Such reports may in
9 addition be made to the local law enforcement agency in the
10 same manner. However, in the event a report is made to the
11 local law enforcement agency, the reporter also shall
12 immediately so inform the Department. The Department shall
13 initiate an investigation of each report of resident abuse
14 and neglect under this Act, whether oral or written, as
15 provided for in Section 3-702 of the Nursing Home Care Act,
16 except that reports of abuse which indicate that a resident's
17 life or safety is in imminent danger shall be investigated
18 within 24 hours of such report. The Department may delegate
19 to law enforcement officials or other public agencies the
20 duty to perform such investigation.
21 With respect to investigations of reports of suspected
22 abuse or neglect of residents of mental health and
23 developmental disabilities institutions under the
24 jurisdiction of the Department of Human Services, the
25 Department shall transmit copies of such reports to the
26 Department of State Police, the Department of Human Services,
27 and the Inspector General appointed under the Inspector
28 General Act Section 6.2. If the Department receives a report
29 of suspected abuse or neglect of a recipient of services as
30 defined in Section 1-123 of the Mental Health and
31 Developmental Disabilities Code, the Department shall
32 transmit copies of such report to the Inspector General and
33 the Directors of the Guardianship and Advocacy Commission and
34 the agency designated by the Governor pursuant to the
-22- LRB9001118LDdvA
1 Protection and Advocacy for Developmentally Disabled Persons
2 Act. When requested by the Director of the Guardianship and
3 Advocacy Commission or the agency designated by the Governor
4 pursuant to the Protection and Advocacy for Developmentally
5 Disabled Persons Act, the Department, the Department of Human
6 Services and the Department of State Police shall make
7 available a copy of the final investigative report regarding
8 investigations conducted by their respective agencies on
9 incidents of suspected abuse or neglect of residents of
10 mental health and developmental disabilities institutions
11 under the jurisdiction of the Department of Human Services.
12 Such final investigative report shall not contain witness
13 statements, investigation notes, draft summaries, results of
14 lie detector tests, investigative files or other raw data
15 which was used to compile the final investigative report.
16 Specifically, the final investigative report of the
17 Department of State Police shall mean the Director's final
18 transmittal letter. The Department of Human Services shall
19 also make available a copy of the results of disciplinary
20 proceedings of employees involved in incidents of abuse or
21 neglect to the Directors. All identifiable information in
22 reports provided shall not be further disclosed except as
23 provided by the Mental Health and Developmental Disabilities
24 Confidentiality Act. Nothing in this Section is intended to
25 limit or construe the power or authority granted to the
26 agency designated by the Governor pursuant to the Protection
27 and Advocacy for Developmentally Disabled Persons Act,
28 pursuant to any other State or federal statute.
29 With respect to investigations of reported resident abuse
30 or neglect, the Department shall effect with appropriate law
31 enforcement agencies formal agreements concerning methods and
32 procedures for the conduct of investigations into the
33 criminal histories of any administrator, staff assistant or
34 employee of the nursing home or other person responsible for
-23- LRB9001118LDdvA
1 the residents care, as well as for other residents in the
2 nursing home who may be in a position to abuse, neglect or
3 exploit the patient. Pursuant to the formal agreements
4 entered into with appropriate law enforcement agencies, the
5 Department may request information with respect to whether
6 the person or persons set forth in this paragraph have ever
7 been charged with a crime and if so, the disposition of those
8 charges. Unless the criminal histories of the subjects
9 involved crimes of violence or resident abuse or neglect, the
10 Department shall be entitled only to information limited in
11 scope to charges and their dispositions. In cases where
12 prior crimes of violence or resident abuse or neglect are
13 involved, a more detailed report can be made available to
14 authorized representatives of the Department, pursuant to the
15 agreements entered into with appropriate law enforcement
16 agencies. Any criminal charges and their disposition
17 information obtained by the Department shall be confidential
18 and may not be transmitted outside the Department, except as
19 required herein, to authorized representatives or delegates
20 of the Department, and may not be transmitted to anyone
21 within the Department who is not duly authorized to handle
22 resident abuse or neglect investigations.
23 The Department shall effect formal agreements with
24 appropriate law enforcement agencies in the various counties
25 and communities to encourage cooperation and coordination in
26 the handling of resident abuse or neglect cases pursuant to
27 this Act. The Department shall adopt and implement methods
28 and procedures to promote statewide uniformity in the
29 handling of reports of abuse and neglect under this Act, and
30 those methods and procedures shall be adhered to by personnel
31 of the Department involved in such investigations and
32 reporting. The Department shall also make information
33 required by this Act available to authorized personnel within
34 the Department, as well as its authorized representatives.
-24- LRB9001118LDdvA
1 The Department shall keep a continuing record of all
2 reports made pursuant to this Act, including indications of
3 the final determination of any investigation and the final
4 disposition of all reports.
5 The Department shall report annually to the General
6 Assembly on the incidence of abuse and neglect of long term
7 care facility residents, with special attention to residents
8 who are mentally disabled. The report shall include but not
9 be limited to data on the number and source of reports of
10 suspected abuse or neglect filed under this Act, the nature
11 of any injuries to residents, the final determination of
12 investigations, the type and number of cases where abuse or
13 neglect is determined to exist, and the final disposition of
14 cases.
15 (Source: P.A. 89-507, eff. 7-1-97.)
16 (210 ILCS 30/6.2) (from Ch. 111 1/2, par. 4166.2)
17 (Section scheduled to be repealed on January 1, 2000)
18 (Text of Section before amendment by P.A. 89-507)
19 Sec. 6.2. Inspector General.
20 (a) In this Act, "Inspector General" means the Inspector
21 General appointed under the Inspector General Act. The
22 Governor shall appoint, and the Senate shall confirm, an
23 Inspector General who shall function within the Department of
24 Mental Health and Developmental Disabilities and report to
25 the Director. The Inspector General shall investigate
26 reports of suspected abuse or neglect (as those terms are
27 defined in Section 3 of this Act) of patients or residents in
28 any facility operated by the Department of Mental Health and
29 Developmental Disabilities and shall have authority to
30 investigate and take immediate action on reports of abuse or
31 neglect of recipients, whether patients or residents, in any
32 facility or program that is licensed or certified by the
33 Department of Mental Health and Developmental Disabilities or
-25- LRB9001118LDdvA
1 that is funded by the Department of Mental Health and
2 Developmental Disabilities and is not licensed or certified
3 by any agency of the State. At the specific, written request
4 of an agency of the State other than the Department of Mental
5 Health and Developmental Disabilities, the Inspector General
6 may cooperate in investigating reports of abuse and neglect
7 of persons with mental illness or persons with developmental
8 disabilities. The Inspector General shall have no
9 supervision over or involvement in routine, programmatic,
10 licensure, or certification operations of the Department of
11 Mental Health and Developmental Disabilities or any of its
12 funded agencies.
13 The Inspector General shall promulgate rules establishing
14 minimum requirements for initiating, conducting, and
15 completing investigations. The promulgated rules shall
16 clearly set forth that in instances where 2 or more State
17 agencies could investigate an allegation of abuse or neglect,
18 the Inspector General shall not conduct an investigation that
19 is redundant to an investigation conducted by another State
20 agency. The rules shall establish criteria for determining,
21 based upon the nature of the allegation, the appropriate
22 method of investigation, which may include, but need not be
23 limited to, site visits, telephone contacts, or requests for
24 written responses from agencies. The rules shall also
25 clarify how the Office of the Inspector General shall
26 interact with the licensing unit of the Department of Mental
27 Health and Developmental Disabilities in investigations of
28 allegations of abuse or neglect. Any allegations or
29 investigations of reports made pursuant to this Act shall
30 remain confidential until a final report is completed. Final
31 reports regarding unsubstantiated or unfounded allegations
32 shall remain confidential, except that final reports may be
33 disclosed pursuant to Section 6 of this Act.
34 The Inspector General shall be appointed for a term of 4
-26- LRB9001118LDdvA
1 years.
2 (b) The Inspector General shall within 24 hours after
3 receiving a report of suspected abuse or neglect determine
4 whether the evidence indicates that any possible criminal act
5 has been committed. If he determines that a possible criminal
6 act has been committed, or that special expertise is required
7 in the investigation, he shall immediately notify the
8 Department of State Police. The Department of State Police
9 shall investigate any report indicating a possible murder,
10 rape, or other felony. All investigations conducted by the
11 Inspector General shall be conducted in a manner designed to
12 ensure the preservation of evidence for possible use in a
13 criminal prosecution.
14 (c) The Inspector General shall, within 10 calendar days
15 after the transmittal date of a completed investigation where
16 abuse or neglect is substantiated or administrative action is
17 recommended, provide a complete report on the case to the
18 Governor and the Director of Mental Health and Developmental
19 Disabilities and to the agency in which the abuse or neglect
20 is alleged to have happened. There shall be an appeals
21 process for any person or agency that is subject to any
22 action based on a recommendation or recommendations.
23 (d) The Inspector General may recommend to the Governor
24 and the Departments of Public Health and Mental Health and
25 Developmental Disabilities sanctions to be imposed against
26 facilities under the jurisdiction of the Department of Mental
27 Health and Developmental Disabilities for the protection of
28 residents, including appointment of on-site monitors or
29 receivers, transfer or relocation of residents, and closure
30 of units. The Inspector General may seek the assistance of
31 the Attorney General or any of the several State's attorneys
32 in imposing such sanctions.
33 (e) The Inspector General shall establish and conduct
34 periodic training programs for Department employees
-27- LRB9001118LDdvA
1 concerning the prevention and reporting of neglect and abuse.
2 (f) The Inspector General shall at all times be granted
3 access to any facility operated by the Department, shall
4 establish and conduct unannounced site visits to those
5 facilities at least once annually, and shall be granted
6 access, for the purpose of investigating a report of abuse or
7 neglect, to any facility or program funded by the Department
8 that is subject under the provisions of this Section to
9 investigation by the Inspector General for a report of abuse
10 or neglect.
11 (g) Nothing in this Section shall limit investigations
12 by the Department of Mental Health and Developmental
13 Disabilities that may otherwise be required by law or that
14 may be necessary in that Department's capacity as the central
15 administrative authority responsible for the operation of
16 State mental health and developmental disability facilities.
17 (h) This Section is repealed on January 1, 2000.
18 (Source: P.A. 89-427, eff. 12-7-95.)
19 (Text of Section after amendment by P.A. 89-507)
20 Sec. 6.2. Inspector General.
21 (a) In this Act, "Inspector General" means the Inspector
22 General appointed under the Inspector General Act. The
23 Governor shall appoint, and the Senate shall confirm, an
24 Inspector General who shall function within the Department of
25 Human Services and report to the Secretary of Human Services.
26 The Inspector General shall investigate reports of suspected
27 abuse or neglect (as those terms are defined in Section 3 of
28 this Act) of patients or residents in any mental health or
29 developmental disabilities facility operated by the
30 Department of Human Services and shall have authority to
31 investigate and take immediate action on reports of abuse or
32 neglect of recipients, whether patients or residents, in any
33 mental health or developmental disabilities facility or
34 program that is licensed or certified by the Department of
-28- LRB9001118LDdvA
1 Human Services (as successor to the Department of Mental
2 Health and Developmental Disabilities) or that is funded by
3 the Department of Human Services (as successor to the
4 Department of Mental Health and Developmental Disabilities)
5 and is not licensed or certified by any agency of the State.
6 At the specific, written request of an agency of the State
7 other than the Department of Human Services (as successor to
8 the Department of Mental Health and Developmental
9 Disabilities), the Inspector General may cooperate in
10 investigating reports of abuse and neglect of persons with
11 mental illness or persons with developmental disabilities.
12 The Inspector General shall have no supervision over or
13 involvement in routine, programmatic, licensure, or
14 certification operations of the Department of Human Services
15 or any of its funded agencies.
16 The Inspector General shall promulgate rules establishing
17 minimum requirements for initiating, conducting, and
18 completing investigations. The promulgated rules shall
19 clearly set forth that in instances where 2 or more State
20 agencies could investigate an allegation of abuse or neglect,
21 the Inspector General shall not conduct an investigation that
22 is redundant to an investigation conducted by another State
23 agency. The rules shall establish criteria for determining,
24 based upon the nature of the allegation, the appropriate
25 method of investigation, which may include, but need not be
26 limited to, site visits, telephone contacts, or requests for
27 written responses from agencies. The rules shall also
28 clarify how the Office of the Inspector General shall
29 interact with the licensing unit of the Department of Human
30 Services in investigations of allegations of abuse or
31 neglect. Any allegations or investigations of reports made
32 pursuant to this Act shall remain confidential until a final
33 report is completed. Final reports regarding unsubstantiated
34 or unfounded allegations shall remain confidential, except
-29- LRB9001118LDdvA
1 that final reports may be disclosed pursuant to Section 6 of
2 this Act.
3 The Inspector General shall be appointed for a term of 4
4 years.
5 (b) The Inspector General shall within 24 hours after
6 receiving a report of suspected abuse or neglect determine
7 whether the evidence indicates that any possible criminal act
8 has been committed. If he determines that a possible criminal
9 act has been committed, or that special expertise is required
10 in the investigation, he shall immediately notify the
11 Department of State Police. The Department of State Police
12 shall investigate any report indicating a possible murder,
13 rape, or other felony. All investigations conducted by the
14 Inspector General shall be conducted in a manner designed to
15 ensure the preservation of evidence for possible use in a
16 criminal prosecution.
17 (c) The Inspector General shall, within 10 calendar days
18 after the transmittal date of a completed investigation where
19 abuse or neglect is substantiated or administrative action is
20 recommended, provide a complete report on the case to the
21 Governor and the Secretary of Human Services and to the
22 agency in which the abuse or neglect is alleged to have
23 happened. There shall be an appeals process for any person
24 or agency that is subject to any action based on a
25 recommendation or recommendations.
26 (d) The Inspector General may recommend to the Governor
27 and the Departments of Public Health and Human Services
28 sanctions to be imposed against mental health and
29 developmental disabilities facilities under the jurisdiction
30 of the Department of Human Services for the protection of
31 residents, including appointment of on-site monitors or
32 receivers, transfer or relocation of residents, and closure
33 of units. The Inspector General may seek the assistance of
34 the Attorney General or any of the several State's attorneys
-30- LRB9001118LDdvA
1 in imposing such sanctions.
2 (e) The Inspector General shall establish and conduct
3 periodic training programs for Department employees
4 concerning the prevention and reporting of neglect and abuse.
5 (f) The Inspector General shall at all times be granted
6 access to any mental health or developmental disabilities
7 facility operated by the Department, shall establish and
8 conduct unannounced site visits to those facilities at least
9 once annually, and shall be granted access, for the purpose
10 of investigating a report of abuse or neglect, to any
11 facility or program funded by the Department that is subject
12 under the provisions of this Section to investigation by the
13 Inspector General for a report of abuse or neglect.
14 (g) Nothing in this Section shall limit investigations
15 by the Department of Human Services that may otherwise be
16 required by law or that may be necessary in that Department's
17 capacity as the central administrative authority responsible
18 for the operation of State mental health and developmental
19 disability facilities.
20 (h) This Section is repealed on January 1, 2000.
21 (Source: P.A. 89-427, eff. 12-7-95; 89-507, eff. 7-1-97.)
22 (210 ILCS 30/6.3 rep.)
23 (210 ILCS 30/6.4 rep.)
24 Section 916. The Abused and Neglected Long Term Care
25 Facility Residents Reporting Act is amended by repealing
26 Sections 6.3 and 6.4.
27 Section 920. The Illinois Public Aid Code is amended by
28 changing Sections 8A-12 and 12-13.1 as follows:
29 (305 ILCS 5/8A-12)
30 Sec. 8A-12. Early fraud prevention and detection
31 program. The Illinois Department may conduct an early fraud
-31- LRB9001118LDdvA
1 prevention and detection program as provided in this Section.
2 If conducted, the program shall apply to all categories of
3 assistance and all applicants for aid. The program may be
4 conducted in appropriate counties as determined by the
5 Department. The program shall have the following features:
6 (1) No intimidation of applicants or recipients may
7 occur, either by referral or threat of referral for a
8 fraud prevention investigation.
9 (2) An applicant may not be referred for a fraud
10 prevention investigation until an application for aid is
11 completed and signed by the applicant or any authorized
12 representative.
13 (3) An applicant may be referred to the Inspector
14 General appointed under the Inspector General Act for a
15 fraud prevention investigation if there are reasonable
16 grounds to question the accuracy of any information,
17 statements, documents, or other representations by the
18 applicant or any authorized representative. Referrals
19 for fraud prevention investigations shall be made in
20 accordance with guidelines to be jointly determined by
21 the Inspector General and the Department.
22 (Source: P.A. 89-118, eff. 7-7-95.)
23 (305 ILCS 5/12-13.1)
24 (Text of Section before amendment by P.A. 89-507)
25 Sec. 12-13.1. Inspector General.
26 (a) In this Section, "Inspector General" means the
27 Inspector General appointed under the Inspector General Act.
28 The Governor shall appoint, and the Senate shall confirm, an
29 Inspector General who shall function within the Illinois
30 Department and report to the Governor. The term of the
31 Inspector General shall expire on the third Monday of
32 January, 1997 and every 4 years thereafter.
33 (b) In order to prevent, detect, and eliminate fraud,
-32- LRB9001118LDdvA
1 waste, abuse, mismanagement, and misconduct, the Inspector
2 General shall oversee the Illinois Department of Public Aid's
3 Department's integrity functions, which include, but are not
4 limited to, the following:
5 (1) Investigation of misconduct by employees,
6 vendors, contractors and medical providers.
7 (2) Audits of medical providers related to ensuring
8 that appropriate payments are made for services rendered
9 and to the recovery of overpayments.
10 (3) Monitoring of quality assurance programs
11 generally related to the medical assistance program and
12 specifically related to any managed care program.
13 (4) Quality control measurements of the programs
14 administered by the Illinois Department of Public Aid.
15 (5) Investigations of fraud or intentional program
16 violations committed by clients of the Illinois
17 Department of Public Aid.
18 (6) Actions initiated against contractors or
19 medical providers for any of the following reasons:
20 (A) Violations of the medical assistance
21 program.
22 (B) Sanctions against providers brought in
23 conjunction with the Department of Public Health or
24 the Department of Mental Health and Developmental
25 Disabilities.
26 (C) Recoveries of assessments against
27 hospitals and long-term care facilities.
28 (D) Sanctions mandated by the United States
29 Department of Health and Human Services against
30 medical providers.
31 (E) Violations of contracts related to any
32 managed care programs.
33 (7) Representation of the Illinois Department of
34 Public Aid at hearings with the Illinois Department of
-33- LRB9001118LDdvA
1 Professional Regulation in actions taken against
2 professional licenses held by persons who are in
3 violation of orders for child support payments.
4 (c) The Inspector General shall have access to all
5 information, personnel and facilities of the Illinois
6 Department of Public Aid, its employees, vendors, contractors
7 and medical providers and any federal, State or local
8 governmental agency that are necessary to perform the duties
9 of the Office as directly related to public assistance
10 programs administered by the Illinois Department. No medical
11 provider shall be compelled, however, to provide individual
12 medical records of patients who are not clients of the
13 Medical Assistance Program. State and local governmental
14 agencies are authorized and directed to provide the requested
15 information, assistance or cooperation.
16 (d) The Inspector General shall serve as the Illinois
17 Department's primary liaison with law enforcement,
18 investigatory and prosecutorial agencies, including but not
19 limited to the following:
20 (1) The Department of State Police.
21 (2) The Federal Bureau of Investigation and other
22 federal law enforcement agencies.
23 (3) The various Inspectors General of federal
24 agencies overseeing the programs administered by the
25 Illinois Department.
26 (4) (Blank). The various Inspectors General of any
27 other State agencies with responsibilities for portions
28 of programs primarily administered by the Illinois
29 Department.
30 (5) The Offices of the several United States
31 Attorneys in Illinois.
32 (6) The several State's Attorneys.
33 The Inspector General shall meet on a regular basis with
34 these entities to share information regarding possible
-34- LRB9001118LDdvA
1 misconduct by any persons or entities involved with the
2 public aid programs administered by the Illinois Department.
3 (e) All investigations conducted by the Inspector
4 General shall be conducted in a manner that ensures the
5 preservation of evidence for use in criminal prosecutions.
6 If the Inspector General determines that a possible criminal
7 act relating to fraud in the provision or administration of
8 the medical assistance program has been committed, the
9 Inspector General shall immediately notify the Medicaid Fraud
10 Control Unit. If the Inspector General determines that a
11 possible criminal act has been committed within the
12 jurisdiction of the Office, the Inspector General may request
13 the special expertise of the Department of State Police. The
14 Inspector General may present for prosecution the findings of
15 any criminal investigation to the Office of the Attorney
16 General, the Offices of the several United State Attorneys in
17 Illinois or the several State's Attorneys.
18 (f) To carry out his or her duties as described in this
19 Section, the Inspector General and his or her designees shall
20 have the power to compel by subpoena the attendance and
21 testimony of witnesses and the production of books,
22 electronic records and papers as directly related to public
23 assistance programs administered by the Illinois Department.
24 No medical provider shall be compelled, however, to provide
25 individual medical records of patients who are not clients of
26 the Medical Assistance Program.
27 (g) The Inspector General shall report all convictions,
28 terminations, and suspensions taken against vendors,
29 contractors and medical providers to the Governor and the
30 Illinois Department of Public Aid and to any agency
31 responsible for licensing or regulating those persons or
32 entities.
33 (h) The Inspector General shall make quarterly reports,
34 findings, and recommendations regarding the Office's
-35- LRB9001118LDdvA
1 investigations into reports of fraud, waste, abuse,
2 mismanagement, or misconduct relating to any public aid
3 programs administered by the Illinois Department to the
4 General Assembly and the Governor. These reports shall
5 include, but not be limited to, the following information:
6 (1) Aggregate provider billing and payment
7 information, including the number of providers at various
8 Medicaid earning levels.
9 (2) The number of audits of the medical assistance
10 program and the dollar savings resulting from those
11 audits.
12 (3) The number of prescriptions rejected annually
13 under the Illinois Department of Public Aid's
14 Department's Refill Too Soon program and the dollar
15 savings resulting from that program.
16 (4) Provider sanctions, in the aggregate, including
17 terminations and suspensions.
18 (5) A detailed summary of the investigations
19 undertaken in the previous fiscal year. These summaries
20 shall comply with all laws and rules regarding
21 maintaining confidentiality in the public aid programs.
22 (i) Nothing in this Section shall limit investigations
23 by the Illinois Department that may otherwise be required by
24 law or that may be necessary in the Illinois Department's
25 capacity as the central administrative authority responsible
26 for administration of public aid programs in this State.
27 (Source: P.A. 88-554, eff. 7-26-94.)
28 (Text of Section after amendment by P.A. 89-507)
29 Sec. 12-13.1. Inspector General.
30 (a) In this Section, "Inspector General" means the
31 Inspector General appointed under the Inspector General Act.
32 The Governor shall appoint, and the Senate shall confirm, an
33 Inspector General who shall function within the Illinois
34 Department of Public Aid and report to the Governor. The
-36- LRB9001118LDdvA
1 term of the Inspector General shall expire on the third
2 Monday of January, 1997 and every 4 years thereafter.
3 (b) In order to prevent, detect, and eliminate fraud,
4 waste, abuse, mismanagement, and misconduct, the Inspector
5 General shall oversee the Illinois Department of Public Aid's
6 integrity functions, which include, but are not limited to,
7 the following:
8 (1) Investigation of misconduct by employees,
9 vendors, contractors and medical providers.
10 (2) Audits of medical providers related to ensuring
11 that appropriate payments are made for services rendered
12 and to the recovery of overpayments.
13 (3) Monitoring of quality assurance programs
14 generally related to the medical assistance program and
15 specifically related to any managed care program.
16 (4) Quality control measurements of the programs
17 administered by the Illinois Department of Public Aid.
18 (5) Investigations of fraud or intentional program
19 violations committed by clients of the Illinois
20 Department of Public Aid.
21 (6) Actions initiated against contractors or
22 medical providers for any of the following reasons:
23 (A) Violations of the medical assistance
24 program.
25 (B) Sanctions against providers brought in
26 conjunction with the Department of Public Health or
27 the Department of Human Services (as successor to
28 the Department of Mental Health and Developmental
29 Disabilities).
30 (C) Recoveries of assessments against
31 hospitals and long-term care facilities.
32 (D) Sanctions mandated by the United States
33 Department of Health and Human Services against
34 medical providers.
-37- LRB9001118LDdvA
1 (E) Violations of contracts related to any
2 managed care programs.
3 (7) Representation of the Illinois Department of
4 Public Aid at hearings with the Illinois Department of
5 Professional Regulation in actions taken against
6 professional licenses held by persons who are in
7 violation of orders for child support payments.
8 (b-5) At the request of the Secretary of Human Services,
9 the Inspector General shall, in relation to any function
10 performed by the Department of Human Services as successor to
11 the Department of Public Aid, exercise one or more of the
12 powers provided under this Section as if those powers related
13 to the Department of Human Services; in such matters, the
14 Inspector General shall report his or her findings to the
15 Governor and the Secretary of Human Services.
16 (c) The Inspector General shall have access to all
17 information, personnel and facilities of the Illinois
18 Department of Public Aid and the Department of Human Services
19 (as successor to the Department of Public Aid), their
20 employees, vendors, contractors and medical providers and any
21 federal, State or local governmental agency that are
22 necessary to perform the duties of the Office as directly
23 related to public assistance programs administered by those
24 departments. No medical provider shall be compelled,
25 however, to provide individual medical records of patients
26 who are not clients of the Medical Assistance Program. State
27 and local governmental agencies are authorized and directed
28 to provide the requested information, assistance or
29 cooperation.
30 (d) The Inspector General shall serve as the Illinois
31 Department of Public Aid's primary liaison with law
32 enforcement, investigatory and prosecutorial agencies,
33 including but not limited to the following:
34 (1) The Department of State Police.
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1 (2) The Federal Bureau of Investigation and other
2 federal law enforcement agencies.
3 (3) The various Inspectors General of federal
4 agencies overseeing the programs administered by the
5 Illinois Department of Public Aid.
6 (4) (Blank). The various Inspectors General of any
7 other State agencies with responsibilities for portions
8 of programs primarily administered by the Illinois
9 Department of Public Aid.
10 (5) The Offices of the several United States
11 Attorneys in Illinois.
12 (6) The several State's Attorneys.
13 The Inspector General shall meet on a regular basis with
14 these entities to share information regarding possible
15 misconduct by any persons or entities involved with the
16 public aid programs administered by the Illinois Department
17 of Public Aid.
18 (e) All investigations conducted by the Inspector
19 General shall be conducted in a manner that ensures the
20 preservation of evidence for use in criminal prosecutions.
21 If the Inspector General determines that a possible criminal
22 act relating to fraud in the provision or administration of
23 the medical assistance program has been committed, the
24 Inspector General shall immediately notify the Medicaid Fraud
25 Control Unit. If the Inspector General determines that a
26 possible criminal act has been committed within the
27 jurisdiction of the Office, the Inspector General may request
28 the special expertise of the Department of State Police. The
29 Inspector General may present for prosecution the findings of
30 any criminal investigation to the Office of the Attorney
31 General, the Offices of the several United State Attorneys in
32 Illinois or the several State's Attorneys.
33 (f) To carry out his or her duties as described in this
34 Section, the Inspector General and his or her designees shall
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1 have the power to compel by subpoena the attendance and
2 testimony of witnesses and the production of books,
3 electronic records and papers as directly related to public
4 assistance programs administered by the Illinois Department
5 of Public Aid or the Department of Human Services (as
6 successor to the Department of Public Aid). No medical
7 provider shall be compelled, however, to provide individual
8 medical records of patients who are not clients of the
9 Medical Assistance Program.
10 (g) The Inspector General shall report all convictions,
11 terminations, and suspensions taken against vendors,
12 contractors and medical providers to the Governor and the
13 Illinois Department of Public Aid and to any agency
14 responsible for licensing or regulating those persons or
15 entities.
16 (h) The Inspector General shall make quarterly reports,
17 findings, and recommendations regarding the Office's
18 investigations into reports of fraud, waste, abuse,
19 mismanagement, or misconduct relating to any public aid
20 programs administered by the Illinois Department of Public
21 Aid or the Department of Human Services (as successor to the
22 Department of Public Aid) to the General Assembly and the
23 Governor. These reports shall include, but not be limited
24 to, the following information:
25 (1) Aggregate provider billing and payment
26 information, including the number of providers at various
27 Medicaid earning levels.
28 (2) The number of audits of the medical assistance
29 program and the dollar savings resulting from those
30 audits.
31 (3) The number of prescriptions rejected annually
32 under the Illinois Department of Public Aid's Refill Too
33 Soon program and the dollar savings resulting from that
34 program.
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1 (4) Provider sanctions, in the aggregate, including
2 terminations and suspensions.
3 (5) A detailed summary of the investigations
4 undertaken in the previous fiscal year. These summaries
5 shall comply with all laws and rules regarding
6 maintaining confidentiality in the public aid programs.
7 (i) Nothing in this Section shall limit investigations
8 by the Illinois Department of Public Aid or the Department of
9 Human Services that may otherwise be required by law or that
10 may be necessary in their capacity as the central
11 administrative authorities responsible for administration of
12 public aid programs in this State.
13 (Source: P.A. 88-554, eff. 7-26-94; 89-507, eff. 7-1-97.)
14 Section 925. The Mental Health and Developmental
15 Disabilities Code is amended by changing Section 5-100A as
16 follows:
17 (405 ILCS 5/5-100A) (from Ch. 91 1/2, par. 5-100A)
18 (Text of Section before amendment by P.A. 89-507)
19 Sec. 5-100A. Review Board.
20 (a) There is created the Mental Health and Developmental
21 Disabilities Medical Review Board, hereinafter referred to as
22 the Board, consisting of 5 members appointed by the Governor,
23 who shall be physicians licensed to practice medicine in all
24 its branches, including specialists in psychiatry and primary
25 care. Members shall serve at the pleasure of the Governor
26 and shall receive no compensation but may be reimbursed for
27 actual and necessary expenses incurred in the performance of
28 their duties. The terms of members appointed before the
29 effective date of this amendatory Act of 1995 shall expire on
30 the effective date of this amendatory Act of 1995. As soon
31 as possible after the effective date of this amendatory Act
32 of 1995, the Governor shall appoint new Board members.
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1 The Governor shall designate one member as chairman. The
2 chairman shall appoint an executive secretary and such other
3 officers and employees as may be necessary to perform the
4 functions of the Board. The chairman may appoint one or more
5 committees of Board members and delegate in writing to any
6 such committee the authority to perform any of the Board's
7 functions and duties and to exercise any of its powers. Any
8 reports of such committees shall be forwarded to the chairman
9 for review and forwarding to the Director. The chairman may
10 also seek consultation from consultants, including but not
11 limited to specialists in forensic pathology and forensic
12 psychiatry.
13 (b) The director or chief officer of every mental health
14 or developmental disabilities facility licensed or operated
15 by the Department shall immediately report the death of any
16 recipient of services at the facility to the Board in a
17 manner and form prescribed by the Board, but in any case
18 within 3 working days of the death.
19 (c) The Board's functions shall include the following:
20 (1) investigation of any death that occurs within
21 24 hours after admission;
22 (2) investigation of the causes and circumstances
23 of unusual deaths or deaths from other than natural
24 causes;
25 (3) expert consultation with the Inspector General
26 on suspected abuse and neglect investigations that the
27 Inspector General determines require independent medical
28 review;
29 (4) investigation of all suspected cases of neglect
30 concerning delivery of medical services, including
31 investigations by the Inspector General;
32 (5) visitation and inspection of any facility
33 operated by the Department in which such a death has
34 occurred;
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1 (6) reporting upon its review of the cause and
2 circumstances of the death of any recipient to the
3 Director and the Associate Director for Clinical Services
4 and, when appropriate, making recommendations to those
5 individuals and to the facility director to prevent
6 similar deaths; and
7 (7) reporting by April 1 of each year to the
8 Governor and the Legislature concerning its work during
9 the preceding year and reporting more frequently to the
10 Governor or the Legislature as such bodies shall direct
11 or as it shall deem advisable.
12 In this Section, "Inspector General" means the Inspector
13 General appointed under the Inspector General Act.
14 (d) All records of the Board's proceedings and
15 deliberations and any testimony given before it are protected
16 from disclosure under Section 8-2101 of the Code of Civil
17 Procedure and are subject to the Mental Health and
18 Developmental Disabilities Confidentiality Act.
19 (e) Notwithstanding any report by the facility director
20 or chief officer to the Board and any subsequent
21 investigation by the Board, the facility director or chief
22 officer shall also report such incidents to other agencies or
23 entities as may be required by law or policies and procedures
24 of the Department with respect to deaths. Investigations by
25 the Board are not to be in lieu of or to replace those lawful
26 duties of other agencies or entities.
27 (f) If the report by the Board to the Director contains
28 a conclusion of misconduct or criminal acts, such facts shall
29 be forwarded by the Director to the appropriate law
30 enforcement or disciplinary entity.
31 (Source: P.A. 89-427, eff. 12-7-95.)
32 (Text of Section after amendment by P.A. 89-507)
33 Sec. 5-100A. Review Board.
34 (a) There is created the Mental Health and Developmental
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1 Disabilities Medical Review Board, hereinafter referred to as
2 the Board, consisting of 5 members appointed by the Governor,
3 who shall be physicians licensed to practice medicine in all
4 its branches, including specialists in psychiatry and primary
5 care. Members shall serve at the pleasure of the Governor
6 and shall receive no compensation but may be reimbursed for
7 actual and necessary expenses incurred in the performance of
8 their duties. The terms of members appointed before the
9 effective date of this amendatory Act of 1995 shall expire on
10 the effective date of this amendatory Act of 1995. As soon
11 as possible after the effective date of this amendatory Act
12 of 1995, the Governor shall appoint new Board members.
13 The Governor shall designate one member as chairman. The
14 chairman shall appoint an executive secretary and such other
15 officers and employees as may be necessary to perform the
16 functions of the Board. The chairman may appoint one or more
17 committees of Board members and delegate in writing to any
18 such committee the authority to perform any of the Board's
19 functions and duties and to exercise any of its powers. Any
20 reports of such committees shall be forwarded to the chairman
21 for review and forwarding to the Secretary. The chairman may
22 also seek consultation from consultants, including but not
23 limited to specialists in forensic pathology and forensic
24 psychiatry.
25 (b) The director or chief officer of every mental health
26 or developmental disabilities facility licensed or operated
27 by the Department shall immediately report the death of any
28 recipient of services at the facility to the Board in a
29 manner and form prescribed by the Board, but in any case
30 within 3 working days of the death.
31 (c) The Board's functions shall include the following:
32 (1) investigation of any death that occurs within
33 24 hours after admission;
34 (2) investigation of the causes and circumstances
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1 of unusual deaths or deaths from other than natural
2 causes;
3 (3) expert consultation with the Inspector General
4 on suspected abuse and neglect investigations that the
5 Inspector General determines require independent medical
6 review;
7 (4) investigation of all suspected cases of neglect
8 concerning delivery of medical services, including
9 investigations by the Inspector General;
10 (5) visitation and inspection of any facility
11 operated by the Department in which such a death has
12 occurred;
13 (6) reporting upon its review of the cause and
14 circumstances of the death of any recipient to the
15 Secretary and his or her designee and, when appropriate,
16 making recommendations to those individuals and to the
17 facility director to prevent similar deaths; and
18 (7) reporting by April 1 of each year to the
19 Governor and the Legislature concerning its work during
20 the preceding year and reporting more frequently to the
21 Governor or the Legislature as such bodies shall direct
22 or as it shall deem advisable.
23 In this Section, "Inspector General" means the Inspector
24 General appointed under the Inspector General Act.
25 (d) All records of the Board's proceedings and
26 deliberations and any testimony given before it are protected
27 from disclosure under Section 8-2101 of the Code of Civil
28 Procedure and are subject to the Mental Health and
29 Developmental Disabilities Confidentiality Act.
30 (e) Notwithstanding any report by the facility director
31 or chief officer to the Board and any subsequent
32 investigation by the Board, the facility director or chief
33 officer shall also report such incidents to other agencies or
34 entities as may be required by law or policies and procedures
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1 of the Department with respect to deaths. Investigations by
2 the Board are not to be in lieu of or to replace those lawful
3 duties of other agencies or entities.
4 (f) If the report by the Board to the Secretary contains
5 a conclusion of misconduct or criminal acts, such facts shall
6 be forwarded by the Secretary to the appropriate law
7 enforcement or disciplinary entity.
8 (Source: P.A. 89-427, eff. 12-7-95; 89-507, eff. 7-1-97.)
9 Section 995. No acceleration or delay. Where this Act
10 makes changes in a statute that is represented in this Act by
11 text that is not yet or no longer in effect (for example, a
12 Section represented by multiple versions), the use of that
13 text does not accelerate or delay the taking effect of (i)
14 the changes made by this Act or (ii) provisions derived from
15 any other Public Act.
16 Section 999. Effective date. This Act takes effect July
17 1, 1997.