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Public Act 100-0943 Public Act 0943 100TH GENERAL ASSEMBLY |
Public Act 100-0943 | SB3237 Enrolled | LRB100 17924 KTG 33108 b |
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| AN ACT concerning State government.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Department of Human Services Act is amended | by changing Section 1-17 as follows:
| (20 ILCS 1305/1-17)
| Sec. 1-17. Inspector General. | (a) Nature and purpose. It is the express intent of the | General Assembly to ensure the health, safety, and financial | condition of individuals receiving services in this State due | to mental illness, developmental disability, or both by | protecting those persons from acts of abuse, neglect, or both | by service providers. To that end, the Office of the Inspector | General for the Department of Human Services is created to | investigate and report upon allegations of the abuse, neglect, | or financial exploitation of individuals receiving services | within mental health facilities, developmental disabilities | facilities, and community agencies operated, licensed, funded | or certified by the Department of Human Services, but not | licensed or certified by any other State agency. | (b) Definitions. The following definitions apply to this | Section: | "Adult student with a disability" means an adult student, |
| age 18 through 21, inclusive, with an Individual Education | Program, other than a resident of a facility licensed by the | Department of Children and Family Services in accordance with | the Child Care Act of 1969. For purposes of this definition, | "through age 21, inclusive", means through the day before the | student's 22nd birthday. | "Agency" or "community agency" means (i) a community agency | licensed, funded, or certified by the Department, but not | licensed or certified by any other human services agency of the | State, to provide mental health service or developmental | disabilities service, or (ii) a program licensed, funded, or | certified by the Department, but not licensed or certified by | any other human services agency of the State, to provide mental | health service or developmental disabilities service. | "Aggravating circumstance" means a factor that is | attendant to a finding and that tends to compound or increase | the culpability of the accused. | "Allegation" means an assertion, complaint, suspicion, or | incident involving any of the following conduct by an employee, | facility, or agency against an individual or individuals: | mental abuse, physical abuse, sexual abuse, neglect, or | financial exploitation. | "Day" means working day, unless otherwise specified. | "Deflection" means a situation in which an individual is | presented for admission to a facility or agency, and the | facility staff or agency staff do not admit the individual. |
| "Deflection" includes triage, redirection, and denial of | admission. | "Department" means the Department of Human Services. | "Developmental disability" means "developmental | disability" as defined in the Mental Health and Developmental | Disabilities Code. | "Egregious neglect" means a finding of neglect as | determined by the Inspector General that (i) represents a gross | failure to adequately provide for, or a callused indifference | to, the health, safety, or medical needs of an individual and | (ii) results in an individual's death or other serious | deterioration of an individual's physical condition or mental | condition. | "Employee" means any person who provides services at the | facility or agency on-site or off-site. The service | relationship can be with the individual or with the facility or | agency. Also, "employee" includes any employee or contractual | agent of the Department of Human Services or the community | agency involved in providing or monitoring or administering | mental health or developmental disability services. This | includes but is not limited to: owners, operators, payroll | personnel, contractors, subcontractors, and volunteers. | "Facility" or "State-operated facility" means a mental | health facility or developmental disabilities facility | operated by the Department. | "Financial exploitation" means taking unjust advantage of |
| an individual's assets, property, or financial resources | through deception, intimidation, or conversion for the | employee's, facility's, or agency's own advantage or benefit. | "Finding" means the Office of Inspector General's | determination regarding whether an allegation is | substantiated, unsubstantiated, or unfounded. | "Health Care Worker Registry" or "Registry" means the | Health Care Worker Registry under the Health Care Worker | Background Check Act. | "Individual" means any person receiving mental health | service, developmental disabilities service, or both from a | facility or agency, while either on-site or off-site. | "Mental abuse" means the use of demeaning, intimidating, or | threatening words, signs, gestures, or other actions by an | employee about an individual and in the presence of an | individual or individuals that results in emotional distress or | maladaptive behavior, or could have resulted in emotional | distress or maladaptive behavior, for any individual present. | "Mental illness" means "mental illness" as defined in the | Mental Health and Developmental Disabilities Code. | "Mentally ill" means having a mental illness. | "Mitigating circumstance" means a condition that (i) is | attendant to a finding, (ii) does not excuse or justify the | conduct in question, but (iii) may be considered in evaluating | the severity of the conduct, the culpability of the accused, or | both the severity of the conduct and the culpability of the |
| accused. | "Neglect" means an employee's, agency's, or facility's | failure to provide adequate medical care, personal care, or | maintenance and that, as a consequence, (i) causes an | individual pain, injury, or emotional distress, (ii) results in | either an individual's maladaptive behavior or the | deterioration of an individual's physical condition or mental | condition, or (iii) places the individual's health or safety at | substantial risk. | "Person with a developmental disability" means a person | having a developmental disability. | "Physical abuse" means an employee's non-accidental and | inappropriate contact with an individual that causes bodily | harm. "Physical abuse" includes actions that cause bodily harm | as a result of an employee directing an individual or person to | physically abuse another individual. | "Recommendation" means an admonition, separate from a | finding, that requires action by the facility, agency, or | Department to correct a systemic issue, problem, or deficiency | identified during an investigation. | "Required reporter" means any employee who suspects, | witnesses, or is informed of an allegation of any one or more | of the following: mental abuse, physical abuse, sexual abuse, | neglect, or financial exploitation. | "Secretary" means the Chief Administrative Officer of the | Department. |
| "Sexual abuse" means any sexual contact or intimate | physical contact between an employee and an individual, | including an employee's coercion or encouragement of an | individual to engage in sexual behavior that results in sexual | contact, intimate physical contact, sexual behavior, or | intimate physical behavior. Sexual abuse also includes (i) an | employee's actions that result in the sending or showing of | sexually explicit images to an individual via computer, | cellular phone, electronic mail, portable electronic device, | or other media with or without contact with the individual or | (ii) an employee's posting of sexually explicit images of an | individual online or elsewhere whether or not there is contact | with the individual. | "Sexually explicit images" includes, but is not limited to, | any material which depicts nudity, sexual conduct, or | sado-masochistic abuse, or which contains explicit and | detailed verbal descriptions or narrative accounts of sexual | excitement, sexual conduct, or sado-masochistic abuse. | "Substantiated" means there is a preponderance of the | evidence to support the allegation. | "Unfounded" means there is no credible evidence to support | the allegation. | "Unsubstantiated" means there is credible evidence, but | less than a preponderance of evidence to support the | allegation. | (c) Appointment. The Governor shall appoint, and the Senate |
| shall confirm, an Inspector General. The Inspector General | shall be appointed for a term of 4 years and shall function | within the Department of Human Services and report to the | Secretary and the Governor. | (d) Operation and appropriation. The Inspector General | shall function independently within the Department with | respect to the operations of the Office, including the | performance of investigations and issuance of findings and | recommendations. The appropriation for the Office of Inspector | General shall be separate from the overall appropriation for | the Department. | (e) Powers and duties. The Inspector General shall | investigate reports of suspected mental abuse, physical abuse, | sexual abuse, neglect, or financial exploitation of | individuals in any mental health or developmental disabilities | facility or agency and shall have authority to take immediate | action to prevent any one or more of the following from | happening to individuals under its jurisdiction: mental abuse, | physical abuse, sexual abuse, neglect, or financial | exploitation. Upon written request of an agency of this State, | the Inspector General may assist another agency of the State in | investigating reports of the abuse, neglect, or abuse and | neglect of persons with mental illness, persons with | developmental disabilities, or persons with both. To comply | with the requirements of subsection (k) of this Section, the | Inspector General shall also review all reportable deaths for |
| which there is no allegation of abuse or neglect. Nothing in | this Section shall preempt any duties of the Medical Review | Board set forth in the Mental Health and Developmental | Disabilities Code. The Inspector General shall have no | authority to investigate alleged violations of the State | Officials and Employees Ethics Act. Allegations of misconduct | under the State Officials and Employees Ethics Act shall be | referred to the Office of the Governor's Executive Inspector | General for investigation. | (f) Limitations. The Inspector General shall not conduct an | investigation within an agency or facility if that | investigation would be redundant to or interfere with an | investigation conducted by another State agency. The Inspector | General shall have no supervision over, or involvement in, the | routine programmatic, licensing, funding, or certification | operations of the Department. Nothing in this subsection limits | investigations by the Department that may otherwise be required | by law or that may be necessary in the Department's capacity as | central administrative authority responsible for the operation | of the State's mental health and developmental disabilities | facilities. | (g) Rulemaking authority. The Inspector General shall | promulgate rules establishing minimum requirements for | reporting allegations as well as for initiating, conducting, | and completing investigations based upon the nature of the | allegation or allegations. The rules shall clearly establish |
| that if 2 or more State agencies could investigate an | allegation, the Inspector General shall not conduct an | investigation that would be redundant to, or interfere with, an | investigation conducted by another State agency. The rules | shall further clarify the method and circumstances under which | the Office of Inspector General may interact with the | licensing, funding, or certification units of the Department in | preventing further occurrences of mental abuse, physical | abuse, sexual abuse, neglect, egregious neglect, and financial | exploitation. | (h) Training programs. The Inspector General shall (i) | establish a comprehensive program to ensure that every person | authorized to conduct investigations receives ongoing training | relative to investigation techniques, communication skills, | and the appropriate means of interacting with persons receiving | treatment for mental illness, developmental disability, or | both mental illness and developmental disability, and (ii) | establish and conduct periodic training programs for facility | and agency employees concerning the prevention and reporting of | any one or more of the following: mental abuse, physical abuse, | sexual abuse, neglect, egregious neglect, or financial | exploitation. Nothing in this Section shall be deemed to | prevent the Office of Inspector General from conducting any | other training as determined by the Inspector General to be | necessary or helpful. | (i) Duty to cooperate. |
| (1) The Inspector General shall at all times be granted | access to any facility or agency for the purpose of | investigating any allegation, conducting unannounced site | visits, monitoring compliance with a written response, or | completing any other statutorily assigned duty. The | Inspector General shall conduct unannounced site visits to | each facility at least annually for the purpose of | reviewing and making recommendations on systemic issues | relative to preventing, reporting, investigating, and | responding to all of the following: mental abuse, physical | abuse, sexual abuse, neglect, egregious neglect, or | financial exploitation. | (2) Any employee who fails to cooperate with an Office | of the Inspector General investigation is in violation of | this Act. Failure to cooperate with an investigation | includes, but is not limited to, any one or more of the | following: (i) creating and transmitting a false report to | the Office of the Inspector General hotline, (ii) providing | false information to an Office of the Inspector General | Investigator during an investigation, (iii) colluding with | other employees to cover up evidence, (iv) colluding with | other employees to provide false information to an Office | of the Inspector General investigator, (v) destroying | evidence, (vi) withholding evidence, or (vii) otherwise | obstructing an Office of the Inspector General | investigation. Additionally, any employee who, during an |
| unannounced site visit or written response compliance | check, fails to cooperate with requests from the Office of | the Inspector General is in violation of this Act. | (j) Subpoena powers. The Inspector General shall have the | power to subpoena witnesses and compel the production of all | documents and physical evidence relating to his or her | investigations and any hearings authorized by this Act. This | subpoena power shall not extend to persons or documents of a | labor organization or its representatives insofar as the | persons are acting in a representative capacity to an employee | whose conduct is the subject of an investigation or the | documents relate to that representation. Any person who | otherwise fails to respond to a subpoena or who knowingly | provides false information to the Office of the Inspector | General by subpoena during an investigation is guilty of a | Class A misdemeanor. | (k) Reporting allegations and deaths. | (1) Allegations. If an employee witnesses, is told of, | or has reason to believe an incident of mental abuse, | physical abuse, sexual abuse, neglect, or financial | exploitation has occurred, the employee, agency, or | facility shall report the allegation by phone to the Office | of the Inspector General hotline according to the agency's | or facility's procedures, but in no event later than 4 | hours after the initial discovery of the incident, | allegation, or suspicion of any one or more of the |
| following: mental abuse, physical abuse, sexual abuse, | neglect, or financial exploitation. A required reporter as | defined in subsection (b) of this Section who knowingly or | intentionally fails to comply with these reporting | requirements is guilty of a Class A misdemeanor. | (2) Deaths. Absent an allegation, a required reporter | shall, within 24 hours after initial discovery, report by | phone to the Office of the Inspector General hotline each | of the following: | (i) Any death of an individual occurring within 14 | calendar days after discharge or transfer of the | individual from a residential program or facility. | (ii) Any death of an individual occurring within 24 | hours after deflection from a residential program or | facility. | (iii) Any other death of an individual occurring at | an agency or facility or at any Department-funded site. | (3) Retaliation. It is a violation of this Act for any | employee or administrator of an agency or facility to take | retaliatory action against an employee who acts in good | faith in conformance with his or her duties as a required | reporter. | (l) Reporting to law enforcement. | (1) Reporting criminal acts. Within 24 hours after | determining that there is credible evidence indicating | that a criminal act may have been committed or that special |
| expertise may be required in an investigation, the | Inspector General shall notify the Department of State | Police or other appropriate law enforcement authority, or | ensure that such notification is made. The Department of | State Police shall investigate any report from a | State-operated facility indicating a possible murder, | sexual assault, or other felony by an employee. All | investigations conducted by the Inspector General shall be | conducted in a manner designed to ensure the preservation | of evidence for possible use in a criminal prosecution. | (2) Reporting allegations of adult students with | disabilities. Upon receipt of a reportable allegation | regarding an adult student with a disability, the | Department's Office of the Inspector General shall | determine whether the allegation meets the criteria for the | Domestic Abuse Program under the Abuse of Adults with | Disabilities Intervention Act. If the allegation is | reportable to that program, the Office of the Inspector | General shall initiate an investigation. If the allegation | is not reportable to the Domestic Abuse Program, the Office | of the Inspector General shall make an expeditious referral | to the respective law enforcement entity. If the alleged | victim is already receiving services from the Department, | the Office of the Inspector General shall also make a | referral to the respective Department of Human Services' | Division or Bureau. |
| (m) Investigative reports. Upon completion of an | investigation, the Office of Inspector General shall issue an | investigative report identifying whether the allegations are | substantiated, unsubstantiated, or unfounded. Within 10 | business days after the transmittal of a completed | investigative report substantiating an allegation, finding an | allegation is unsubstantiated, or if a recommendation is made, | the Inspector General shall provide the investigative report on | the case to the Secretary and to the director of the facility | or agency where any one or more of the following occurred: | mental abuse, physical abuse, sexual abuse, neglect, egregious | neglect, or financial exploitation. The director of the | facility or agency shall be responsible for maintaining the | confidentiality of the investigative report consistent with | State and federal law. In a substantiated case, the | investigative report shall include any mitigating or | aggravating circumstances that were identified during the | investigation. If the case involves substantiated neglect, the | investigative report shall also state whether egregious | neglect was found. An investigative report may also set forth | recommendations. All investigative reports prepared by the | Office of the Inspector General shall be considered | confidential and shall not be released except as provided by | the law of this State or as required under applicable federal | law. Unsubstantiated and unfounded reports shall not be | disclosed except as allowed under Section 6 of the Abused and |
| Neglected Long Term Care Facility Residents Reporting Act. Raw | data used to compile the investigative report shall not be | subject to release unless required by law or a court order. | "Raw data used to compile the investigative report" includes, | but is not limited to, any one or more of the following: the | initial complaint, witness statements, photographs, | investigator's notes, police reports, or incident reports. If | the allegations are substantiated, the accused shall be | provided with a redacted copy of the investigative report. | Death reports where there was no allegation of abuse or neglect | shall only be released pursuant to applicable State or federal | law or a valid court order. | (n) Written responses , clarification requests, and | reconsideration requests. | (1) Written responses. Within 30 calendar days from | receipt of a substantiated investigative report or an | investigative report which contains recommendations, | absent a reconsideration request, the facility or agency | shall file a written response that addresses, in a concise | and reasoned manner, the actions taken to: (i) protect the | individual; (ii) prevent recurrences; and (iii) eliminate | the problems identified. The response shall include the | implementation and completion dates of such actions. If the | written response is not filed within the allotted 30 | calendar day period, the Secretary shall determine the | appropriate corrective action to be taken. |
| (2) Requests for clarification. Reconsideration | requests. The facility, agency, victim or guardian, or the | subject employee may request that the Office of Inspector | General reconsider or clarify the finding or findings for | which clarification is sought. its finding based upon | additional information. | (3) Requests for reconsideration. The facility, | agency, victim or guardian, or the subject employee may | request that the Office of the Inspector General reconsider | the finding or findings or the recommendations. A request | for reconsideration shall be subject to a multi-layer | review and shall include at least one reviewer who did not | participate in the investigation or approval of the | original investigative report. After the multi-layer | review process has been completed, the Inspector General | shall make the final determination on the reconsideration | request. The investigation shall be reopened if the | reconsideration determination finds that additional | information is needed to complete the investigative | record. | (o) Disclosure of the finding by the Inspector General. The | Inspector General shall disclose the finding of an | investigation to the following persons: (i) the Governor, (ii) | the Secretary, (iii) the director of the facility or agency, | (iv) the alleged victims and their guardians, (v) the | complainant, and (vi) the accused. This information shall |
| include whether the allegations were deemed substantiated, | unsubstantiated, or unfounded. | (p) Secretary review. Upon review of the Inspector | General's investigative report and any agency's or facility's | written response, the Secretary shall accept or reject the | written response and notify the Inspector General of that | determination. The Secretary may further direct that other | administrative action be taken, including, but not limited to, | any one or more of the following: (i) additional site visits, | (ii) training, (iii) provision of technical assistance | relative to administrative needs, licensure or certification, | or (iv) the imposition of appropriate sanctions. | (q) Action by facility or agency. Within 30 days of the | date the Secretary approves the written response or directs | that further administrative action be taken, the facility or | agency shall provide an implementation report to the Inspector | General that provides the status of the action taken. The | facility or agency shall be allowed an additional 30 days to | send notice of completion of the action or to send an updated | implementation report. If the action has not been completed | within the additional 30-day 30 day period, the facility or | agency shall send updated implementation reports every 60 days | until completion. The Inspector General shall conduct a review | of any implementation plan that takes more than 120 days after | approval to complete, and shall monitor compliance through a | random review of approved written responses, which may include, |
| but are not limited to: (i) site visits, (ii) telephone | contact, and (iii) requests for additional documentation | evidencing compliance. | (r) Sanctions. Sanctions, if imposed by the Secretary under | Subdivision (p)(iv) of this Section, shall be designed to | prevent further acts of mental abuse, physical abuse, sexual | abuse, neglect, egregious neglect, or financial exploitation | or some combination of one or more of those acts at a facility | or agency, and may include any one or more of the following: | (1) Appointment of on-site monitors. | (2) Transfer or relocation of an individual or | individuals. | (3) Closure of units. | (4) Termination of any one or more of the following: | (i) Department licensing, (ii) funding, or (iii) | certification. | The Inspector General may seek the assistance of the | Illinois Attorney General or the office of any State's Attorney | in implementing sanctions. | (s) Health Care Worker Registry. | (1) Reporting to the Registry. The Inspector General | shall report to the Department of Public Health's Health | Care Worker Registry, a public registry, the identity and | finding of each employee of a facility or agency against | whom there is a final investigative report containing a | substantiated allegation of physical or sexual abuse, |
| financial exploitation, or egregious neglect of an | individual. | (2) Notice to employee. Prior to reporting the name of | an employee, the employee shall be notified of the | Department's obligation to report and shall be granted an | opportunity to request an administrative hearing, the sole | purpose of which is to determine if the substantiated | finding warrants reporting to the Registry. Notice to the | employee shall contain a clear and concise statement of the | grounds on which the report to the Registry is based, offer | the employee an opportunity for a hearing, and identify the | process for requesting such a hearing. Notice is sufficient | if provided by certified mail to the employee's last known | address. If the employee fails to request a hearing within | 30 days from the date of the notice, the Inspector General | shall report the name of the employee to the Registry. | Nothing in this subdivision (s)(2) shall diminish or impair | the rights of a person who is a member of a collective | bargaining unit under the Illinois Public Labor Relations | Act or under any other federal labor statute. | (3) Registry hearings. If the employee requests an | administrative hearing, the employee shall be granted an | opportunity to appear before an administrative law judge to | present reasons why the employee's name should not be | reported to the Registry. The Department shall bear the | burden of presenting evidence that establishes, by a |
| preponderance of the evidence, that the substantiated | finding warrants reporting to the Registry. After | considering all the evidence presented, the administrative | law judge shall make a recommendation to the Secretary as | to whether the substantiated finding warrants reporting | the name of the employee to the Registry. The Secretary | shall render the final decision. The Department and the | employee shall have the right to request that the | administrative law judge consider a stipulated disposition | of these proceedings. | (4) Testimony at Registry hearings. A person who makes | a report or who investigates a report under this Act shall | testify fully in any judicial proceeding resulting from | such a report, as to any evidence of abuse or neglect, or | the cause thereof. No evidence shall be excluded by reason | of any common law or statutory privilege relating to | communications between the alleged perpetrator of abuse or | neglect, or the individual alleged as the victim in the | report, and the person making or investigating the report. | Testimony at hearings is exempt from the confidentiality | requirements of subsection (f) of Section 10 of the Mental | Health and Developmental Disabilities Confidentiality Act. | (5) Employee's rights to collateral action. No | reporting to the Registry shall occur and no hearing shall | be set or proceed if an employee notifies the Inspector | General in writing, including any supporting |
| documentation, that he or she is formally contesting an | adverse employment action resulting from a substantiated | finding by complaint filed with the Illinois Civil Service | Commission, or which otherwise seeks to enforce the | employee's rights pursuant to any applicable collective | bargaining agreement. If an action taken by an employer | against an employee as a result of a finding of physical | abuse, sexual abuse, or egregious neglect is overturned | through an action filed with the Illinois Civil Service | Commission or under any applicable collective bargaining | agreement and if that employee's name has already been sent | to the Registry, the employee's name shall be removed from | the Registry. | (6) Removal from Registry. At any time after the report | to the Registry, but no more than once in any 12-month | period, an employee may petition the Department in writing | to remove his or her name from the Registry. Upon receiving | notice of such request, the Inspector General shall conduct | an investigation into the petition. Upon receipt of such | request, an administrative hearing will be set by the | Department. At the hearing, the employee shall bear the | burden of presenting evidence that establishes, by a | preponderance of the evidence, that removal of the name | from the Registry is in the public interest. The parties | may jointly request that the administrative law judge | consider a stipulated disposition of these proceedings. |
| (t) Review of Administrative Decisions. The Department | shall preserve a record of all proceedings at any formal | hearing conducted by the Department involving Health Care | Worker Registry hearings. Final administrative decisions of | the Department are subject to judicial review pursuant to | provisions of the Administrative Review Law. | (u) Quality Care Board. There is created, within the Office | of the Inspector General, a Quality Care Board to be composed | of 7 members appointed by the Governor with the advice and | consent of the Senate. One of the members shall be designated | as chairman by the Governor. Of the initial appointments made | by the Governor, 4 Board members shall each be appointed for a | term of 4 years and 3 members shall each be appointed for a | term of 2 years. Upon the expiration of each member's term, a | successor shall be appointed for a term of 4 years. In the case | of a vacancy in the office of any member, the Governor shall | appoint a successor for the remainder of the unexpired term. | Members appointed by the Governor shall be qualified by | professional knowledge or experience in the area of law, | investigatory techniques, or in the area of care of the | mentally ill or care of persons with developmental | disabilities. Two members appointed by the Governor shall be | persons with a disability or a parent of a person with a | disability. Members shall serve without compensation, but | shall be reimbursed for expenses incurred in connection with | the performance of their duties as members. |
| The Board shall meet quarterly, and may hold other meetings | on the call of the chairman. Four members shall constitute a | quorum allowing the Board to conduct its business. The Board | may adopt rules and regulations it deems necessary to govern | its own procedures. | The Board shall monitor and oversee the operations, | policies, and procedures of the Inspector General to ensure the | prompt and thorough investigation of allegations of neglect and | abuse. In fulfilling these responsibilities, the Board may do | the following: | (1) Provide independent, expert consultation to the | Inspector General on policies and protocols for | investigations of alleged abuse, neglect, or both abuse and | neglect. | (2) Review existing regulations relating to the | operation of facilities. | (3) Advise the Inspector General as to the content of | training activities authorized under this Section. | (4) Recommend policies concerning methods for | improving the intergovernmental relationships between the | Office of the Inspector General and other State or federal | offices. | (v) Annual report. The Inspector General shall provide to | the General Assembly and the Governor, no later than January 1 | of each year, a summary of reports and investigations made | under this Act for the prior fiscal year with respect to |
| individuals receiving mental health or developmental | disabilities services. The report shall detail the imposition | of sanctions, if any, and the final disposition of any | corrective or administrative action directed by the Secretary. | The summaries shall not contain any confidential or identifying | information of any individual, but shall include objective data | identifying any trends in the number of reported allegations, | the timeliness of the Office of the Inspector General's | investigations, and their disposition, for each facility and | Department-wide, for the most recent 3-year time period. The | report shall also identify, by facility, the staff-to-patient | ratios taking account of direct care staff only. The report | shall also include detailed recommended administrative actions | and matters for consideration by the General Assembly. | (w) Program audit. The Auditor General shall conduct a | program audit of the Office of the Inspector General on an | as-needed basis, as determined by the Auditor General. The | audit shall specifically include the Inspector General's | compliance with the Act and effectiveness in investigating | reports of allegations occurring in any facility or agency. The | Auditor General shall conduct the program audit according to | the provisions of the Illinois State Auditing Act and shall | report its findings to the General Assembly no later than | January 1 following the audit period.
| (x) Nothing in this Section shall be construed to mean that | an individual is a victim of abuse or neglect because of health |
| care services appropriately provided or not provided by health | care professionals. | (y) Nothing in this Section shall require a facility, | including its employees, agents, medical staff members, and | health care professionals, to provide a service to an | individual in contravention of that individual's stated or | implied objection to the provision of that service on the | ground that that service conflicts with the individual's | religious beliefs or practices, nor shall the failure to | provide a service to an individual be considered abuse under | this Section if the individual has objected to the provision of | that service based on his or her religious beliefs or | practices.
| (Source: P.A. 99-143, eff. 7-27-15; 99-323, eff. 8-7-15; | 99-642, eff. 7-28-16; 100-313, eff. 8-24-17; 100-432, eff. | 8-25-17; revised 9-27-17.)
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Effective Date: 1/1/2019
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