Public Act 094-0931
SB2326 Enrolled LRB094 18573 DRJ 53911 b

    AN ACT concerning regulation.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Open Meetings Act is amended by changing
Section 2 as follows:
    (5 ILCS 120/2)  (from Ch. 102, par. 42)
    Sec. 2. Open meetings.
    (a) Openness required. All meetings of public bodies shall
be open to the public unless excepted in subsection (c) and
closed in accordance with Section 2a.
    (b) Construction of exceptions. The exceptions contained
in subsection (c) are in derogation of the requirement that
public bodies meet in the open, and therefore, the exceptions
are to be strictly construed, extending only to subjects
clearly within their scope. The exceptions authorize but do not
require the holding of a closed meeting to discuss a subject
included within an enumerated exception.
    (c) Exceptions. A public body may hold closed meetings to
consider the following subjects:
        (1) The appointment, employment, compensation,
    discipline, performance, or dismissal of specific
    employees of the public body or legal counsel for the
    public body, including hearing testimony on a complaint
    lodged against an employee of the public body or against
    legal counsel for the public body to determine its
        (2) Collective negotiating matters between the public
    body and its employees or their representatives, or
    deliberations concerning salary schedules for one or more
    classes of employees.
        (3) The selection of a person to fill a public office,
    as defined in this Act, including a vacancy in a public
    office, when the public body is given power to appoint
    under law or ordinance, or the discipline, performance or
    removal of the occupant of a public office, when the public
    body is given power to remove the occupant under law or
        (4) Evidence or testimony presented in open hearing, or
    in closed hearing where specifically authorized by law, to
    a quasi-adjudicative body, as defined in this Act, provided
    that the body prepares and makes available for public
    inspection a written decision setting forth its
    determinative reasoning.
        (5) The purchase or lease of real property for the use
    of the public body, including meetings held for the purpose
    of discussing whether a particular parcel should be
        (6) The setting of a price for sale or lease of
    property owned by the public body.
        (7) The sale or purchase of securities, investments, or
    investment contracts.
        (8) Security procedures and the use of personnel and
    equipment to respond to an actual, a threatened, or a
    reasonably potential danger to the safety of employees,
    students, staff, the public, or public property.
        (9) Student disciplinary cases.
        (10) The placement of individual students in special
    education programs and other matters relating to
    individual students.
        (11) Litigation, when an action against, affecting or
    on behalf of the particular public body has been filed and
    is pending before a court or administrative tribunal, or
    when the public body finds that an action is probable or
    imminent, in which case the basis for the finding shall be
    recorded and entered into the minutes of the closed
        (12) The establishment of reserves or settlement of
    claims as provided in the Local Governmental and
    Governmental Employees Tort Immunity Act, if otherwise the
    disposition of a claim or potential claim might be
    prejudiced, or the review or discussion of claims, loss or
    risk management information, records, data, advice or
    communications from or with respect to any insurer of the
    public body or any intergovernmental risk management
    association or self insurance pool of which the public body
    is a member.
        (13) Conciliation of complaints of discrimination in
    the sale or rental of housing, when closed meetings are
    authorized by the law or ordinance prescribing fair housing
    practices and creating a commission or administrative
    agency for their enforcement.
        (14) Informant sources, the hiring or assignment of
    undercover personnel or equipment, or ongoing, prior or
    future criminal investigations, when discussed by a public
    body with criminal investigatory responsibilities.
        (15) Professional ethics or performance when
    considered by an advisory body appointed to advise a
    licensing or regulatory agency on matters germane to the
    advisory body's field of competence.
        (16) Self evaluation, practices and procedures or
    professional ethics, when meeting with a representative of
    a statewide association of which the public body is a
        (17) The recruitment, credentialing, discipline or
    formal peer review of physicians or other health care
    professionals for a hospital, or other institution
    providing medical care, that is operated by the public
        (18) Deliberations for decisions of the Prisoner
    Review Board.
        (19) Review or discussion of applications received
    under the Experimental Organ Transplantation Procedures
        (20) The classification and discussion of matters
    classified as confidential or continued confidential by
    the State Employees Suggestion Award Board.
        (21) Discussion of minutes of meetings lawfully closed
    under this Act, whether for purposes of approval by the
    body of the minutes or semi-annual review of the minutes as
    mandated by Section 2.06.
        (22) Deliberations for decisions of the State
    Emergency Medical Services Disciplinary Review Board.
        (23) The operation by a municipality of a municipal
    utility or the operation of a municipal power agency or
    municipal natural gas agency when the discussion involves
    (i) contracts relating to the purchase, sale, or delivery
    of electricity or natural gas or (ii) the results or
    conclusions of load forecast studies.
        (24) Meetings of a residential health care facility
    resident sexual assault and death review team or the
    Residential Health Care Facility Resident Sexual Assault
    and Death Review Teams Executive Council under the Abuse
    Prevention Residential Health Care Facility Resident
    Sexual Assault and Death Review Team Act.
    (d) Definitions. For purposes of this Section:
    "Employee" means a person employed by a public body whose
relationship with the public body constitutes an
employer-employee relationship under the usual common law
rules, and who is not an independent contractor.
    "Public office" means a position created by or under the
Constitution or laws of this State, the occupant of which is
charged with the exercise of some portion of the sovereign
power of this State. The term "public office" shall include
members of the public body, but it shall not include
organizational positions filled by members thereof, whether
established by law or by a public body itself, that exist to
assist the body in the conduct of its business.
    "Quasi-adjudicative body" means an administrative body
charged by law or ordinance with the responsibility to conduct
hearings, receive evidence or testimony and make
determinations based thereon, but does not include local
electoral boards when such bodies are considering petition
    (e) Final action. No final action may be taken at a closed
meeting. Final action shall be preceded by a public recital of
the nature of the matter being considered and other information
that will inform the public of the business being conducted.
(Source: P.A. 93-57, eff. 7-1-03; 93-79, eff. 7-2-03; 93-422,
eff. 8-5-03; 93-577, eff. 8-21-03; revised 9-8-03.)
    Section 10. The Freedom of Information Act is amended by
changing Section 7 as follows:
    (5 ILCS 140/7)  (from Ch. 116, par. 207)
    Sec. 7. Exemptions.
    (1) The following shall be exempt from inspection and
        (a) Information specifically prohibited from
    disclosure by federal or State law or rules and regulations
    adopted under federal or State law.
        (b) Information that, if disclosed, would constitute a
    clearly unwarranted invasion of personal privacy, unless
    the disclosure is consented to in writing by the individual
    subjects of the information. The disclosure of information
    that bears on the public duties of public employees and
    officials shall not be considered an invasion of personal
    privacy. Information exempted under this subsection (b)
    shall include but is not limited to:
            (i) files and personal information maintained with
        respect to clients, patients, residents, students or
        other individuals receiving social, medical,
        educational, vocational, financial, supervisory or
        custodial care or services directly or indirectly from
        federal agencies or public bodies;
            (ii) personnel files and personal information
        maintained with respect to employees, appointees or
        elected officials of any public body or applicants for
        those positions;
            (iii) files and personal information maintained
        with respect to any applicant, registrant or licensee
        by any public body cooperating with or engaged in
        professional or occupational registration, licensure
        or discipline;
            (iv) information required of any taxpayer in
        connection with the assessment or collection of any tax
        unless disclosure is otherwise required by State
            (v) information revealing the identity of persons
        who file complaints with or provide information to
        administrative, investigative, law enforcement or
        penal agencies; provided, however, that identification
        of witnesses to traffic accidents, traffic accident
        reports, and rescue reports may be provided by agencies
        of local government, except in a case for which a
        criminal investigation is ongoing, without
        constituting a clearly unwarranted per se invasion of
        personal privacy under this subsection; and
            (vi) the names, addresses, or other personal
        information of participants and registrants in park
        district, forest preserve district, and conservation
        district programs.
        (c) Records compiled by any public body for
    administrative enforcement proceedings and any law
    enforcement or correctional agency for law enforcement
    purposes or for internal matters of a public body, but only
    to the extent that disclosure would:
            (i) interfere with pending or actually and
        reasonably contemplated law enforcement proceedings
        conducted by any law enforcement or correctional
            (ii) interfere with pending administrative
        enforcement proceedings conducted by any public body;
            (iii) deprive a person of a fair trial or an
        impartial hearing;
            (iv) unavoidably disclose the identity of a
        confidential source or confidential information
        furnished only by the confidential source;
            (v) disclose unique or specialized investigative
        techniques other than those generally used and known or
        disclose internal documents of correctional agencies
        related to detection, observation or investigation of
        incidents of crime or misconduct;
            (vi) constitute an invasion of personal privacy
        under subsection (b) of this Section;
            (vii) endanger the life or physical safety of law
        enforcement personnel or any other person; or
            (viii) obstruct an ongoing criminal investigation.
        (d) Criminal history record information maintained by
    State or local criminal justice agencies, except the
    following which shall be open for public inspection and
            (i) chronologically maintained arrest information,
        such as traditional arrest logs or blotters;
            (ii) the name of a person in the custody of a law
        enforcement agency and the charges for which that
        person is being held;
            (iii) court records that are public;
            (iv) records that are otherwise available under
        State or local law; or
            (v) records in which the requesting party is the
        individual identified, except as provided under part
        (vii) of paragraph (c) of subsection (1) of this
        "Criminal history record information" means data
    identifiable to an individual and consisting of
    descriptions or notations of arrests, detentions,
    indictments, informations, pre-trial proceedings, trials,
    or other formal events in the criminal justice system or
    descriptions or notations of criminal charges (including
    criminal violations of local municipal ordinances) and the
    nature of any disposition arising therefrom, including
    sentencing, court or correctional supervision,
    rehabilitation and release. The term does not apply to
    statistical records and reports in which individuals are
    not identified and from which their identities are not
    ascertainable, or to information that is for criminal
    investigative or intelligence purposes.
        (e) Records that relate to or affect the security of
    correctional institutions and detention facilities.
        (f) Preliminary drafts, notes, recommendations,
    memoranda and other records in which opinions are
    expressed, or policies or actions are formulated, except
    that a specific record or relevant portion of a record
    shall not be exempt when the record is publicly cited and
    identified by the head of the public body. The exemption
    provided in this paragraph (f) extends to all those records
    of officers and agencies of the General Assembly that
    pertain to the preparation of legislative documents.
        (g) Trade secrets and commercial or financial
    information obtained from a person or business where the
    trade secrets or information are proprietary, privileged
    or confidential, or where disclosure of the trade secrets
    or information may cause competitive harm, including:
            (i) All information determined to be confidential
        under Section 4002 of the Technology Advancement and
        Development Act.
            (ii) All trade secrets and commercial or financial
        information obtained by a public body, including a
        public pension fund, from a private equity fund or a
        privately held company within the investment portfolio
        of a private equity fund as a result of either
        investing or evaluating a potential investment of
        public funds in a private equity fund. The exemption
        contained in this item does not apply to the aggregate
        financial performance information of a private equity
        fund, nor to the identity of the fund's managers or
        general partners. The exemption contained in this item
        does not apply to the identity of a privately held
        company within the investment portfolio of a private
        equity fund, unless the disclosure of the identity of a
        privately held company may cause competitive harm.
    Nothing contained in this paragraph (g) shall be construed
to prevent a person or business from consenting to disclosure.
        (h) Proposals and bids for any contract, grant, or
    agreement, including information which if it were
    disclosed would frustrate procurement or give an advantage
    to any person proposing to enter into a contractor
    agreement with the body, until an award or final selection
    is made. Information prepared by or for the body in
    preparation of a bid solicitation shall be exempt until an
    award or final selection is made.
        (i) Valuable formulae, computer geographic systems,
    designs, drawings and research data obtained or produced by
    any public body when disclosure could reasonably be
    expected to produce private gain or public loss. The
    exemption for "computer geographic systems" provided in
    this paragraph (i) does not extend to requests made by news
    media as defined in Section 2 of this Act when the
    requested information is not otherwise exempt and the only
    purpose of the request is to access and disseminate
    information regarding the health, safety, welfare, or
    legal rights of the general public.
        (j) Test questions, scoring keys and other examination
    data used to administer an academic examination or
    determined the qualifications of an applicant for a license
    or employment.
        (k) Architects' plans, engineers' technical
    submissions, and other construction related technical
    documents for projects not constructed or developed in
    whole or in part with public funds and the same for
    projects constructed or developed with public funds, but
    only to the extent that disclosure would compromise
    security, including but not limited to water treatment
    facilities, airport facilities, sport stadiums, convention
    centers, and all government owned, operated, or occupied
        (l) Library circulation and order records identifying
    library users with specific materials.
        (m) Minutes of meetings of public bodies closed to the
    public as provided in the Open Meetings Act until the
    public body makes the minutes available to the public under
    Section 2.06 of the Open Meetings Act.
        (n) Communications between a public body and an
    attorney or auditor representing the public body that would
    not be subject to discovery in litigation, and materials
    prepared or compiled by or for a public body in
    anticipation of a criminal, civil or administrative
    proceeding upon the request of an attorney advising the
    public body, and materials prepared or compiled with
    respect to internal audits of public bodies.
        (o) Information received by a primary or secondary
    school, college or university under its procedures for the
    evaluation of faculty members by their academic peers.
        (p) Administrative or technical information associated
    with automated data processing operations, including but
    not limited to software, operating protocols, computer
    program abstracts, file layouts, source listings, object
    modules, load modules, user guides, documentation
    pertaining to all logical and physical design of
    computerized systems, employee manuals, and any other
    information that, if disclosed, would jeopardize the
    security of the system or its data or the security of
    materials exempt under this Section.
        (q) Documents or materials relating to collective
    negotiating matters between public bodies and their
    employees or representatives, except that any final
    contract or agreement shall be subject to inspection and
        (r) Drafts, notes, recommendations and memoranda
    pertaining to the financing and marketing transactions of
    the public body. The records of ownership, registration,
    transfer, and exchange of municipal debt obligations, and
    of persons to whom payment with respect to these
    obligations is made.
        (s) The records, documents and information relating to
    real estate purchase negotiations until those negotiations
    have been completed or otherwise terminated. With regard to
    a parcel involved in a pending or actually and reasonably
    contemplated eminent domain proceeding under Article VII
    of the Code of Civil Procedure, records, documents and
    information relating to that parcel shall be exempt except
    as may be allowed under discovery rules adopted by the
    Illinois Supreme Court. The records, documents and
    information relating to a real estate sale shall be exempt
    until a sale is consummated.
        (t) Any and all proprietary information and records
    related to the operation of an intergovernmental risk
    management association or self-insurance pool or jointly
    self-administered health and accident cooperative or pool.
        (u) Information concerning a university's adjudication
    of student or employee grievance or disciplinary cases, to
    the extent that disclosure would reveal the identity of the
    student or employee and information concerning any public
    body's adjudication of student or employee grievances or
    disciplinary cases, except for the final outcome of the
        (v) Course materials or research materials used by
    faculty members.
        (w) Information related solely to the internal
    personnel rules and practices of a public body.
        (x) Information contained in or related to
    examination, operating, or condition reports prepared by,
    on behalf of, or for the use of a public body responsible
    for the regulation or supervision of financial
    institutions or insurance companies, unless disclosure is
    otherwise required by State law.
        (y) Information the disclosure of which is restricted
    under Section 5-108 of the Public Utilities Act.
        (z) Manuals or instruction to staff that relate to
    establishment or collection of liability for any State tax
    or that relate to investigations by a public body to
    determine violation of any criminal law.
        (aa) Applications, related documents, and medical
    records received by the Experimental Organ Transplantation
    Procedures Board and any and all documents or other records
    prepared by the Experimental Organ Transplantation
    Procedures Board or its staff relating to applications it
    has received.
        (bb) Insurance or self insurance (including any
    intergovernmental risk management association or self
    insurance pool) claims, loss or risk management
    information, records, data, advice or communications.
        (cc) Information and records held by the Department of
    Public Health and its authorized representatives relating
    to known or suspected cases of sexually transmissible
    disease or any information the disclosure of which is
    restricted under the Illinois Sexually Transmissible
    Disease Control Act.
        (dd) Information the disclosure of which is exempted
    under Section 30 of the Radon Industry Licensing Act.
        (ee) Firm performance evaluations under Section 55 of
    the Architectural, Engineering, and Land Surveying
    Qualifications Based Selection Act.
        (ff) Security portions of system safety program plans,
    investigation reports, surveys, schedules, lists, data, or
    information compiled, collected, or prepared by or for the
    Regional Transportation Authority under Section 2.11 of
    the Regional Transportation Authority Act or the St. Clair
    County Transit District under the Bi-State Transit Safety
        (gg) Information the disclosure of which is restricted
    and exempted under Section 50 of the Illinois Prepaid
    Tuition Act.
        (hh) Information the disclosure of which is exempted
    under the State Officials and Employees Ethics Act.
        (ii) Beginning July 1, 1999, information that would
    disclose or might lead to the disclosure of secret or
    confidential information, codes, algorithms, programs, or
    private keys intended to be used to create electronic or
    digital signatures under the Electronic Commerce Security
        (jj) Information contained in a local emergency energy
    plan submitted to a municipality in accordance with a local
    emergency energy plan ordinance that is adopted under
    Section 11-21.5-5 of the Illinois Municipal Code.
        (kk) Information and data concerning the distribution
    of surcharge moneys collected and remitted by wireless
    carriers under the Wireless Emergency Telephone Safety
        (ll) Vulnerability assessments, security measures, and
    response policies or plans that are designed to identify,
    prevent, or respond to potential attacks upon a community's
    population or systems, facilities, or installations, the
    destruction or contamination of which would constitute a
    clear and present danger to the health or safety of the
    community, but only to the extent that disclosure could
    reasonably be expected to jeopardize the effectiveness of
    the measures or the safety of the personnel who implement
    them or the public. Information exempt under this item may
    include such things as details pertaining to the
    mobilization or deployment of personnel or equipment, to
    the operation of communication systems or protocols, or to
    tactical operations.
        (mm) Maps and other records regarding the location or
    security of a utility's generation, transmission,
    distribution, storage, gathering, treatment, or switching
        (nn) Law enforcement officer identification
    information or driver identification information compiled
    by a law enforcement agency or the Department of
    Transportation under Section 11-212 of the Illinois
    Vehicle Code.
        (oo) Records and information provided to a residential
    health care facility resident sexual assault and death
    review team or the Residential Health Care Facility
    Resident Sexual Assault and Death Review Teams Executive
    Council under the Abuse Prevention Residential Health Care
    Facility Resident Sexual Assault and Death Review Team Act.
        (pp) Information provided to the predatory lending
    database created pursuant to Article 3 of the Residential
    Real Property Disclosure Act, except to the extent
    authorized under that Article.
        (qq) (pp) Defense budgets and petitions for
    certification of compensation and expenses for court
    appointed trial counsel as provided under Sections 10 and
    15 of the Capital Crimes Litigation Act. This subsection
    (qq) (pp) shall apply until the conclusion of the trial and
    appeal of the case, even if the prosecution chooses not to
    pursue the death penalty prior to trial or sentencing.
    (2) This Section does not authorize withholding of
information or limit the availability of records to the public,
except as stated in this Section or otherwise provided in this
(Source: P.A. 93-43, eff. 7-1-03; 93-209, eff. 7-18-03; 93-237,
eff. 7-22-03; 93-325, eff. 7-23-03, 93-422, eff. 8-5-03;
93-577, eff. 8-21-03; 93-617, eff. 12-9-03; 94-280, eff.
1-1-06; 94-508, eff. 1-1-06; 94-664, eff. 1-1-06; revised
    Section 15. The Abuse Prevention Review Team Act is amended
by changing Sections 5, 15, 20, 25, and 40 and by adding
Sections 45 and 50 as follows:
    (210 ILCS 28/5)
    (Section scheduled to be repealed on July 1, 2006)
    Sec. 5. State policy. The following statements are the
policy of this State:
        (1) Every nursing home resident is entitled to live in
    safety and decency and to receive competent and respectful
    care that meets the requirements of State and federal law.
        (2) Responding to sexual assaults of on nursing home
    residents and to unnecessary nursing home resident deaths
    is a State and a community responsibility.
        (3) When a nursing home resident is sexually assaulted
    or dies unnecessarily, the response by the State and the
    community to the assault or death must include an accurate
    and complete determination of the cause of the assault or
    death and the development and implementation of measures to
    prevent future assaults or deaths from similar causes. The
    response may include court action, including prosecution
    of persons who may be responsible for the assault or death
    and proceedings to protect other residents of the facility
    where the resident lived, and disciplinary action against
    persons who failed to meet their professional
    responsibilities to the resident.
        (4) Professionals from disparate disciplines and
    agencies who have responsibilities for nursing home
    residents and expertise that can promote resident safety
    and well-being should share their expertise and knowledge
    so that the goals of determining the causes of sexual
    assaults and unnecessary resident deaths, planning and
    providing services to surviving residents, and preventing
    future assaults and unnecessary deaths can be achieved.
        (5) A greater understanding of the incidence and causes
    of sexual assaults against nursing home residents and
    unnecessary nursing home resident deaths is necessary if
    the State is to prevent future assaults and unnecessary
        (6) Multi-disciplinary and multi-agency reviews of
    sexual assaults against nursing home residents and
    unnecessary nursing home resident deaths can assist the
    State and counties in (i) investigating resident sexual
    assaults and deaths, (ii) developing a greater
    understanding of the incidence and causes of resident
    sexual assault and deaths and the methods for preventing
    those assaults and deaths, and (iii) identifying gaps in
    services to nursing home residents.
        (7) Access to information regarding assaulted and
    deceased nursing home residents by multi-disciplinary and
    multi-agency nursing home resident sexual assault and
    death review teams is necessary for those teams to fulfill
    achieve their purposes and duties.
(Source: P.A. 93-577, eff. 8-21-03.)
    (210 ILCS 28/15)
    (Section scheduled to be repealed on July 1, 2006)
    Sec. 15. Residential health care facility resident sexual
assault and death review teams; establishment.
    (a) The Director, in consultation with the Executive
Council and with law enforcement agencies and other
professionals who work in the field of investigating, treating,
or preventing nursing home resident abuse or neglect in each of
the Department's administrative regions of the State, shall
appoint members to two a residential health care facility
resident sexual assault and death review teams team in each
such region outside Cook County and to at least one review team
in Cook County. The Director shall appoint more teams if the
Director or the existing teams determine that more teams are
necessary to achieve the purposes of this Act. An Executive
Council shall be organized no later than when at least 4 teams
are formed. The members of a team shall be appointed for 2-year
staggered terms and shall be eligible for reappointment upon
the expiration of their terms.
    (b) Each review team shall consist of at least one member
from each of the following categories:
        (1) Geriatrician or other physician knowledgeable
    about nursing home resident abuse and neglect.
        (2) Representative of the Department.
        (3) State's Attorney or State's Attorney's
        (4) Representative of a local law enforcement agency.
        (5) Representative of the Illinois Attorney General.
        (6) Psychologist or psychiatrist.
        (7) Representative of a local health department.
        (8) Representative of a social service or health care
    agency that provides services to persons with mental
    illness, in a program whose accreditation to provide such
    services is recognized by the Office of Mental Health
    within the Department of Human Services.
        (9) Representative of a social service or health care
    agency that provides services to persons with
    developmental disabilities, in a program whose
    accreditation to provide such services is recognized by the
    Office of Developmental Disabilities within the Department
    of Human Services.
        (10) Coroner or forensic pathologist.
        (11) Representative of the local sub-state ombudsman.
        (12) Representative of a nursing home resident
    advocacy organization.
        (13) Representative of a local hospital, trauma
    center, or provider of emergency medical services.
        (14) Representative of an organization that represents
    nursing homes.
    Each review team may make recommendations to the Director
concerning additional appointments. Each review team member
must have demonstrated experience and an interest in
investigating, treating, or preventing nursing home resident
abuse or neglect.
    (c) Each review team shall select a chairperson from among
its members. The chairperson shall also serve on the Illinois
Residential Health Care Facility Sexual Assault and Death
Review Teams Executive Council.
(Source: P.A. 93-577, eff. 8-21-03.)
    (210 ILCS 28/20)
    (Section scheduled to be repealed on July 1, 2006)
    Sec. 20. Reviews of nursing home resident sexual assaults
and deaths.
    (a) Every reported case of sexual assault of a nursing home
resident that the Department determined to be valid is
confirmed shall be reviewed by the review team for the region
that has primary case management responsibility.
    (b) Every death of a nursing home resident shall be
reviewed by the review team for the region that has primary
case management responsibility, if the deceased resident is one
of the following:
        (1) A person whose death is reviewed by the Department
    during any regulatory activity, whether or not there were
    any federal or State violations care the Department found
    violated federal or State standards in the 6 months
    preceding the resident's death.
        (2) A person about whose care the Department received a
    complaint alleging that the resident's care violated
    federal or State standards so as to contribute to the
    resident's death. A person whose care was the subject of a
    complaint to the Department in the 30 days preceding the
    resident's death, or after the resident's death.
        (3) A resident whose death is referred to the
    Department for investigation by a local coroner, medical
    examiner, or law enforcement agency.
    A review team may, at its discretion, review other sudden,
unexpected, or unexplained nursing home resident deaths. The
Department shall bring such deaths to the attention of the
teams when it determines that doing so will help to achieve the
purposes of this Act.
    (c) (b) A review team's purpose in conducting reviews of
resident sexual assaults and deaths is to do the following:
        (1) Assist in determining the cause and manner of the
    resident's assault or death, when requested.
        (2) Evaluate means, if any, by which the assault or
    death might have been prevented.
        (3) Report its findings to the Director appropriate
    agencies and make recommendations that may help to reduce
    the number of sexual assaults on and unnecessary deaths of
    nursing home residents.
        (4) Promote continuing education for professionals
    involved in investigating, treating, and preventing
    nursing home resident abuse and neglect as a means of
    preventing sexual assaults and unnecessary deaths of
    nursing home residents.
        (5) Make specific recommendations to the Director
    concerning the prevention of sexual assaults and
    unnecessary deaths of nursing home residents and the
    establishment of protocols for investigating resident
    sexual assaults and deaths.
    (d) (c) A review team must review the a sexual assault or
death cases submitted to it on a quarterly basis. The as soon
as practicable and not later than 90 days following the
completion by the Department of the investigation of the
assault or death under the Nursing Home Care Act. When there
has been no investigation by the Department, the review team
must review a sexual assault or death within 90 days after
obtaining the information necessary to complete the review from
the coroner, pathologist, medical examiner, or law enforcement
agency, depending on the nature of the case. A review team must
meet at least once in each calendar quarter if there are cases
to be reviewed. The Department shall forward cases pursuant to
subsections (a) and (b) of this Section within 120 days after
completion of the investigation.
    (e) (d) Within 90 days after receiving recommendations made
by a review team under item (5) of subsection (c) (b), the
Director must review those recommendations and respond to the
review team. The Director shall implement recommendations as
feasible and appropriate and shall respond to the review team
in writing to explain the implementation or nonimplementation
of the recommendations.
    (f) (e) In any instance when a review team does not operate
in accordance with established protocol, the Director, in
consultation and cooperation with the Executive Council, must
take any necessary actions to bring the review team into
compliance with the protocol.
(Source: P.A. 93-577, eff. 8-21-03.)
    (210 ILCS 28/25)
    (Section scheduled to be repealed on July 1, 2006)
    Sec. 25. Review team access to information.
    (a) The Department shall provide to a review team, on the
request of the review team chairperson, all records and
information in the Department's possession that are relevant to
the review team's review of a sexual assault or death described
in subsection (b) of Section 20, including records and
information concerning previous reports or investigations of
suspected abuse or neglect.
    (b) A review team shall have access to all records and
information that are relevant to its review of a sexual assault
or death and in the possession of a State or local governmental
agency. These records and information include, without
limitation, death certificates, all relevant medical and
mental health records, records of law enforcement agency
investigations, records of coroner or medical examiner
investigations, records of the Department of Corrections
concerning a person's parole, records of a probation and court
services department, and records of a social services agency
that provided services to the resident.
(Source: P.A. 93-577, eff. 8-21-03.)
    (210 ILCS 28/40)
    (Section scheduled to be repealed on July 1, 2006)
    Sec. 40. Executive Council.
    (a) The Illinois Residential Health Care Facility Resident
Sexual Assault and Death Review Teams Executive Council,
consisting of the chairperson of each review team established
under Section 15, is the coordinating and oversight body for
residential health care facility resident sexual assault and
death review teams and activities in Illinois. The
vice-chairperson of a review team, as designated by the
chairperson, may serve as a back-up member or an alternate
member of the Executive Council, if the chairperson of the
review team is unavailable to serve on the Executive Council.
The Director may appoint to the Executive Council any
ex-officio members deemed necessary. Persons with expertise
needed by the Executive Council may be invited to meetings. The
Executive Council must select from its members a chairperson
and a vice-chairperson, each to serve a 2-year, renewable term.
The Executive Council must meet at least 4 times during each
calendar year if there is business to discuss.
    (b) The Department must provide or arrange for the staff
support necessary for the review teams and Executive Council to
assist them in carrying carry out their its duties.
    (c) The Executive Council has, but is not limited to, the
following duties:
        (1) To request assistance from the Department as needed
    serve as the voice of review teams in Illinois.
        (2) To consult with the Director concerning the
    appointment, reappointment, and removal of review team
        (3) To oversee the review teams in order to ensure that
    the teams' work is coordinated and in compliance with the
    statutes and the operating protocol.
        (4) To ensure that the data, results, findings, and
    recommendations of the review teams are adequately used to
    make any necessary changes in the policies, procedures, and
    statutes in order to protect nursing home residents in a
    timely manner.
        (5) To collaborate with the General Assembly, the
    Department, and others in order to develop any legislation
    needed to prevent nursing home resident sexual assaults and
    unnecessary deaths and to protect nursing home residents.
        (6) To assist in the development of an quarterly and
    annual report reports based on the work and the findings of
    the review teams.
        (7) To ensure that the review teams' review processes
    are standardized in order to convey data, findings, and
    recommendations in a usable format.
        (8) To serve as a link with other review teams
    throughout the country and to participate in national
    review team activities.
        (9) To provide for training develop an annual statewide
    symposium to update the knowledge and skills of review team
    members and to promote the exchange of information between
    review teams.
        (10) To provide the review teams with the most current
    information and practices concerning nursing home resident
    sexual assault and unnecessary death review and related
        (11) To perform any other functions necessary to
    enhance the capability of the review teams to reduce and
    prevent sexual assaults and unnecessary deaths of nursing
    home residents.
    (d) Until an Executive Council is formed, the Department
shall assist the review teams in performing the duties
described in subsection (c).
(Source: P.A. 93-577, eff. 8-21-03.)
    (210 ILCS 28/45 new)
    Sec. 45. Department's annual report. The Department shall
include in its annual Long-Term Care Report to the General
Assembly a report of the activities of the review teams and
Executive Council, the results of the review teams' findings,
recommendations made to the Department by the review teams and
the Executive Council, and, as applicable, either (i) the
implementation of the recommendations or (ii) the reasons the
recommendations were not implemented.
    (210 ILCS 28/50 new)
    Sec. 50. Funding. Notwithstanding any other provision of
law, to the extent permitted by federal law, the Department
shall use moneys from fines paid by facilities licensed under
the Nursing Home Care Act for violating requirements for
certification under Titles XVIII and XIX of the Social Security
Act to implement the provisions of this Act. The Department
shall use moneys deposited in the Long Term Care
Monitor/Receiver Fund to pay the costs of implementing this Act
that cannot be met by the use of federal civil monetary
    (210 ILCS 28/85 rep.)
    Section 16. The Abuse Prevention Review Team Act is amended
by repealing Section 85.
    Section 20. The Nursing Home Care Act is amended by
changing Section 3-103 as follows:
    (210 ILCS 45/3-103)  (from Ch. 111 1/2, par. 4153-103)
    Sec. 3-103. The procedure for obtaining a valid license
shall be as follows:
    (1) Application to operate a facility shall be made to the
Department on forms furnished by the Department.
    (2) All license applications shall be accompanied with an
application fee. The fee for an annual license shall be $995.
Facilities that pay a fee or assessment pursuant to Article V-C
of the Illinois Public Aid Code shall be exempt from the
license fee imposed under this item (2). The fee for a 2-year
license shall be double the fee for the annual license set
forth in the preceding sentence. The fees collected shall be
deposited with the State Treasurer into the Long Term Care
Monitor/Receiver Fund, which has been created as a special fund
in the State treasury. This special fund is to be used by the
Department for expenses related to the appointment of monitors
and receivers as contained in Sections 3-501 through 3-517 of
this Act and for implementation of the Abuse Prevention Review
Team Act. At the end of each fiscal year, any funds in excess
of $1,000,000 held in the Long Term Care Monitor/Receiver Fund
shall be deposited in the State's General Revenue Fund. The
application shall be under oath and the submission of false or
misleading information shall be a Class A misdemeanor. The
application shall contain the following information:
        (a) The name and address of the applicant if an
    individual, and if a firm, partnership, or association, of
    every member thereof, and in the case of a corporation, the
    name and address thereof and of its officers and its
    registered agent, and in the case of a unit of local
    government, the name and address of its chief executive
        (b) The name and location of the facility for which a
    license is sought;
        (c) The name of the person or persons under whose
    management or supervision the facility will be conducted;
        (d) The number and type of residents for which
    maintenance, personal care, or nursing is to be provided;
        (e) Such information relating to the number,
    experience, and training of the employees of the facility,
    any management agreements for the operation of the
    facility, and of the moral character of the applicant and
    employees as the Department may deem necessary.
    (3) Each initial application shall be accompanied by a
financial statement setting forth the financial condition of
the applicant and by a statement from the unit of local
government having zoning jurisdiction over the facility's
location stating that the location of the facility is not in
violation of a zoning ordinance. An initial application for a
new facility shall be accompanied by a permit as required by
the "Illinois Health Facilities Planning Act". After the
application is approved, the applicant shall advise the
Department every 6 months of any changes in the information
originally provided in the application.
    (4) Other information necessary to determine the identity
and qualifications of an applicant to operate a facility in
accordance with this Act shall be included in the application
as required by the Department in regulations.
(Source: P.A. 93-32, eff. 7-1-03; 93-841, eff. 7-30-04.)
    Section 25. The Health Care Worker Background Check Act is
amended by changing Section 70 as follows:
    (225 ILCS 46/70)
    Sec. 70. Centers for Medicare and Medicaid Services (CMMS)
    (a) In this Section:
    "Centers for Medicare and Medicaid Services (CMMS) grant"
means the grant awarded to and distributed by the Department of
Public Health to enhance the conduct of criminal history
records checks of certain health care employees. The CMMS grant
is authorized by Section 307 of the federal Medicare
Prescription Drug, Improvement, and Modernization Act of 2003,
which establishes the framework for a program to evaluate
national and state background checks on prospective employees
with direct access to patients of long-term care facilities or
    "Selected health care employer" means any of the following
selected to participate in the CMMS grant:
        (1) a community living facility as defined in the
    Community Living Facility Act;
        (2) a long-term care facility as defined in the Nursing
    Home Care Act;
        (3) a home health agency as defined in the Home Health
    Agency Licensing Act;
        (4) a full hospice as defined in the Hospice Licensing
        (5) an establishment licensed under the Assisted
    Living and Shared Housing Act;
        (6) a supportive living facility as defined in the
    Illinois Public Aid Code;
        (7) a day training program certified by the Department
    of Human Services; or
        (8) a community integrated living arrangement operated
    by a community mental health and developmental service
    agency as defined in the Community Integrated Living
    Arrangements Licensing and Certification Act; or .
        (9) a long-term care hospital or hospital with swing
    (b) Selected health care employers shall be phased in to
participate in the CMMS grant between January 1, 2006 and
January 1, 2007, as prescribed by the Department of Public
Health by rule.
    (c) With regards to individuals hired on or after January
1, 2006 who have direct access to residents, patients, or
clients of the selected health care employer, selected health
care employers must comply with Section 25 of this Act.
    "Individuals who have direct access" includes, but is not
limited to, (i) direct care workers as described in subsection
(a) of Section 25; (ii) individuals licensed by the Department
of Financial and Professional Regulation, such as nurses,
social workers, physical therapists, occupational therapists,
and pharmacists; (iii) individuals who provide services on
site, through contract; and (iv) non-direct care workers, such
as those who work in environmental services, food service, and
    "Individuals who have direct access" does not include
physicians or volunteers.
    The Department of Public Health may further define
"individuals who have direct access" by rule.
    (d) Each applicant seeking employment in a position
described in subsection (c) of this Section with a selected
health care employer shall, as a condition of employment, have
his or her fingerprints submitted to the Department of State
Police in an electronic format that complies with the form and
manner for requesting and furnishing criminal history record
information by the Department of State Police and the Federal
Bureau of Investigation criminal history record databases now
and hereafter filed. The Department of State Police shall
forward the fingerprints to the Federal Bureau of Investigation
for a national criminal history records check. The Department
of State Police shall charge a fee for conducting the criminal
history records check, which shall not exceed the actual cost
of the records check and shall be deposited into the State
Police Services Fund. The Department of State Police shall
furnish, pursuant to positive identification, records of
Illinois convictions to the Department of Public Health.
    (e) A selected health care employer who makes a conditional
offer of employment to an applicant shall:
        (1) ensure that the applicant has complied with the
    fingerprinting requirements of this Section;
        (2) complete documentation relating to any criminal
    history record, as revealed by the applicant, as prescribed
    by rule by the Department of Public Health;
        (3) complete documentation of the applicant's personal
    identifiers as prescribed by rule by the Department of
    Public Health; and
        (4) provide supervision, as prescribed by rule by the
    licensing agency, if the applicant is hired and allowed to
    work prior to the results of the criminal history records
    check being obtained.
    (f) A selected health care employer having actual knowledge
from a source that an individual with direct access to a
resident, patient, or client has been convicted of committing
or attempting to commit one of the offenses enumerated in
Section 25 of this Act shall contact the licensing agency or
follow other instructions as prescribed by administrative
    (g) A fingerprint-based criminal history records check
submitted in accordance with subsection (d) of this Section
must be submitted as a fee applicant inquiry in the form and
manner prescribed by the Department of State Police.
    (h) This Section shall be inapplicable upon the conclusion
of the CMMS grant.
(Source: P.A. 94-665, eff. 1-1-06.)
    Section 99. Effective date. This Act takes effect upon
becoming law.