Illinois General Assembly - Full Text of Public Act 099-0547
Illinois General Assembly

Previous General Assemblies

Public Act 099-0547





Public Act 099-0547
HB4552 EnrolledLRB099 16005 KTG 40322 b

    AN ACT concerning aging.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Adult Protective Services Act is amended by
changing Section 8 as follows:
    (320 ILCS 20/8)  (from Ch. 23, par. 6608)
    Sec. 8. Access to records. All records concerning reports
of abuse, neglect, financial exploitation, or self-neglect and
all records generated as a result of such reports shall be
confidential and shall not be disclosed except as specifically
authorized by this Act or other applicable law. In accord with
established law and Department protocols, procedures, and
policies, access to such records, but not access to the
identity of the person or persons making a report of alleged
abuse, neglect, financial exploitation, or self-neglect as
contained in such records, shall be provided, upon request, to
the following persons and for the following persons:
        (1) Department staff, provider agency staff, other
    aging network staff, and regional administrative agency
    staff, including staff of the Chicago Department on Aging
    while that agency is designated as a regional
    administrative agency, in the furtherance of their
    responsibilities under this Act;
        (1.5) A representative of the public guardian acting in
    the course of investigating the appropriateness of
    guardianship for the eligible adult or while pursuing a
    petition for guardianship of the eligible adult pursuant to
    the Probate Act of 1975;
        (2) A law enforcement agency or State's Attorney's
    office investigating known or suspected abuse, neglect,
    financial exploitation, or self-neglect. Where a provider
    agency has reason to believe that the death of an eligible
    adult may be the result of abuse or neglect, including any
    reports made after death, the agency shall immediately
    provide the appropriate law enforcement agency with all
    records pertaining to the eligible adult;
        (2.5) A law enforcement agency, fire department
    agency, or fire protection district having proper
    jurisdiction pursuant to a written agreement between a
    provider agency and the law enforcement agency, fire
    department agency, or fire protection district under which
    the provider agency may furnish to the law enforcement
    agency, fire department agency, or fire protection
    district a list of all eligible adults who may be at
    imminent risk of abuse, neglect, financial exploitation,
    or self-neglect;
        (3) A physician who has before him or her or who is
    involved in the treatment of an eligible adult whom he or
    she reasonably suspects may be abused, neglected,
    financially exploited, or self-neglected or who has been
    referred to the Adult Protective Services Program;
        (4) An eligible adult reported to be abused, neglected,
    financially exploited, or self-neglected, or such adult's
    authorized guardian or agent, unless such guardian or agent
    is the abuser or the alleged abuser;
        (4.5) An executor or administrator of the estate of an
    eligible adult who is deceased;
        (5) In cases regarding abuse, neglect, or financial
    exploitation, a court or a guardian ad litem, upon its or
    his or her finding that access to such records may be
    necessary for the determination of an issue before the
    court. However, such access shall be limited to an in
    camera inspection of the records, unless the court
    determines that disclosure of the information contained
    therein is necessary for the resolution of an issue then
    pending before it;
        (5.5) In cases regarding self-neglect, a guardian ad
        (6) A grand jury, upon its determination that access to
    such records is necessary in the conduct of its official
        (7) Any person authorized by the Director, in writing,
    for audit or bona fide research purposes;
        (8) A coroner or medical examiner who has reason to
    believe that an eligible adult has died as the result of
    abuse, neglect, financial exploitation, or self-neglect.
    The provider agency shall immediately provide the coroner
    or medical examiner with all records pertaining to the
    eligible adult;
        (8.5) A coroner or medical examiner having proper
    jurisdiction, pursuant to a written agreement between a
    provider agency and the coroner or medical examiner, under
    which the provider agency may furnish to the office of the
    coroner or medical examiner a list of all eligible adults
    who may be at imminent risk of death as a result of abuse,
    neglect, financial exploitation, or self-neglect;
        (9) Department of Financial and Professional
    Regulation staff and members of the Illinois Medical
    Disciplinary Board or the Social Work Examining and
    Disciplinary Board in the course of investigating alleged
    violations of the Clinical Social Work and Social Work
    Practice Act by provider agency staff or other licensing
    bodies at the discretion of the Director of the Department
    on Aging;
        (9-a) Department of Healthcare and Family Services
    staff and provider agency staff when that Department is
    funding services to the eligible adult, including access to
    the identity of the eligible adult;
        (9-b) Department of Human Services staff and provider
    agency staff when that Department is funding services to
    the eligible adult or is providing reimbursement for
    services provided by the abuser or alleged abuser,
    including access to the identity of the eligible adult;
        (10) Hearing officers in the course of conducting an
    administrative hearing under this Act; parties to such
    hearing shall be entitled to discovery as established by
        (11) A caregiver who challenges placement on the
    Registry shall be given the statement of allegations in the
    abuse report and the substantiation decision in the final
    investigative report; and
        (12) The Illinois Guardianship and Advocacy Commission
    and the agency designated by the Governor under Section 1
    of the Protection and Advocacy for Persons with
    Developmental Disabilities Act shall have access, through
    the Department, to records, including the findings,
    pertaining to a completed or closed investigation of a
    report of suspected abuse, neglect, financial
    exploitation, or self-neglect of an eligible adult.
(Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14;
99-143, eff. 7-27-15; 99-287, eff. 1-1-16; revised 10-26-15.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/15/2016