HB4847 EngrossedLRB100 17485 KTG 32654 b

1    AN ACT concerning aging.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Adult Protective Services Act is amended by
5changing Section 2 as follows:
6    (320 ILCS 20/2)  (from Ch. 23, par. 6602)
7    Sec. 2. Definitions. As used in this Act, unless the
8context requires otherwise:
9    (a) "Abuse" means causing any physical, mental or sexual
10injury to an eligible adult, including exploitation of such
11adult's financial resources.
12    Nothing in this Act shall be construed to mean that an
13eligible adult is a victim of abuse, neglect, or self-neglect
14for the sole reason that he or she is being furnished with or
15relies upon treatment by spiritual means through prayer alone,
16in accordance with the tenets and practices of a recognized
17church or religious denomination.
18    Nothing in this Act shall be construed to mean that an
19eligible adult is a victim of abuse because of health care
20services provided or not provided by licensed health care
22    (a-5) "Abuser" means a person who abuses, neglects, or
23financially exploits an eligible adult.



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1    (a-6) "Adult with disabilities" means a person aged 18
2through 59 who resides in a domestic living situation and whose
3disability as defined in subsection (c-5) impairs his or her
4ability to seek or obtain protection from abuse, neglect, or
6    (a-7) "Caregiver" means a person who either as a result of
7a family relationship, voluntarily, or in exchange for
8compensation has assumed responsibility for all or a portion of
9the care of an eligible adult who needs assistance with
10activities of daily living or instrumental activities of daily
12    (b) "Department" means the Department on Aging of the State
13of Illinois.
14    (c) "Director" means the Director of the Department.
15    (c-5) "Disability" means a physical or mental disability,
16including, but not limited to, a developmental disability, an
17intellectual disability, a mental illness as defined under the
18Mental Health and Developmental Disabilities Code, or dementia
19as defined under the Alzheimer's Disease Assistance Act.
20    (d) "Domestic living situation" means a residence where the
21eligible adult at the time of the report lives alone or with
22his or her family or a caregiver, or others, or other
23community-based unlicensed facility, but is not:
24        (1) A licensed facility as defined in Section 1-113 of
25    the Nursing Home Care Act;
26        (1.5) A facility licensed under the ID/DD Community



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1    Care Act;
2        (1.6) A facility licensed under the MC/DD Act;
3        (1.7) A facility licensed under the Specialized Mental
4    Health Rehabilitation Act of 2013;
5        (2) A "life care facility" as defined in the Life Care
6    Facilities Act;
7        (3) A home, institution, or other place operated by the
8    federal government or agency thereof or by the State of
9    Illinois;
10        (4) A hospital, sanitarium, or other institution, the
11    principal activity or business of which is the diagnosis,
12    care, and treatment of human illness through the
13    maintenance and operation of organized facilities
14    therefor, which is required to be licensed under the
15    Hospital Licensing Act;
16        (5) A "community living facility" as defined in the
17    Community Living Facilities Licensing Act;
18        (6) (Blank);
19        (7) A "community-integrated living arrangement" as
20    defined in the Community-Integrated Living Arrangements
21    Licensure and Certification Act or a "community
22    residential alternative" as licensed under that Act;
23        (8) An assisted living or shared housing establishment
24    as defined in the Assisted Living and Shared Housing Act;
25    or
26        (9) A supportive living facility as described in



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1    Section 5-5.01a of the Illinois Public Aid Code.
2    (e) "Eligible adult" means either an adult with
3disabilities aged 18 through 59 or a person aged 60 or older
4who resides in a domestic living situation and is, or is
5alleged to be, abused, neglected, or financially exploited by
6another individual or who neglects himself or herself.
7"Eligible adult" also includes an adult who resides in any of
8the facilities that are excluded from the definition of
9"domestic living situation" under paragraphs (1) through (9) of
10subsection (d), if either: (i) the alleged abuse or neglect
11occurs outside of the facility and not under facility
12supervision and the alleged abuser is a family member,
13caregiver, or another person who has a continuing relationship
14with the adult; or (ii) the alleged financial exploitation is
15perpetrated by a family member, caregiver, or another person
16who has a continuing relationship with the adult, but who is
17not an employee of the facility where the adult resides.
18    (f) "Emergency" means a situation in which an eligible
19adult is living in conditions presenting a risk of death or
20physical, mental or sexual injury and the provider agency has
21reason to believe the eligible adult is unable to consent to
22services which would alleviate that risk.
23    (f-1) "Financial exploitation" means the use of an eligible
24adult's resources by another to the disadvantage of that adult
25or the profit or advantage of a person other than that adult.
26    (f-5) "Mandated reporter" means any of the following



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1persons while engaged in carrying out their professional
3        (1) a professional or professional's delegate while
4    engaged in: (i) social services, (ii) law enforcement,
5    (iii) education, (iv) the care of an eligible adult or
6    eligible adults, or (v) any of the occupations required to
7    be licensed under the Clinical Psychologist Licensing Act,
8    the Clinical Social Work and Social Work Practice Act, the
9    Illinois Dental Practice Act, the Dietitian Nutritionist
10    Practice Act, the Marriage and Family Therapy Licensing
11    Act, the Medical Practice Act of 1987, the Naprapathic
12    Practice Act, the Nurse Practice Act, the Nursing Home
13    Administrators Licensing and Disciplinary Act, the
14    Illinois Occupational Therapy Practice Act, the Illinois
15    Optometric Practice Act of 1987, the Pharmacy Practice Act,
16    the Illinois Physical Therapy Act, the Physician Assistant
17    Practice Act of 1987, the Podiatric Medical Practice Act of
18    1987, the Respiratory Care Practice Act, the Professional
19    Counselor and Clinical Professional Counselor Licensing
20    and Practice Act, the Illinois Speech-Language Pathology
21    and Audiology Practice Act, the Veterinary Medicine and
22    Surgery Practice Act of 2004, and the Illinois Public
23    Accounting Act;
24        (1.5) an employee of an entity providing developmental
25    disabilities services or service coordination funded by
26    the Department of Human Services;



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1        (2) an employee of a vocational rehabilitation
2    facility prescribed or supervised by the Department of
3    Human Services;
4        (3) an administrator, employee, or person providing
5    services in or through an unlicensed community based
6    facility;
7        (4) any religious practitioner who provides treatment
8    by prayer or spiritual means alone in accordance with the
9    tenets and practices of a recognized church or religious
10    denomination, except as to information received in any
11    confession or sacred communication enjoined by the
12    discipline of the religious denomination to be held
13    confidential;
14        (5) field personnel of the Department of Healthcare and
15    Family Services, Department of Public Health, and
16    Department of Human Services, and any county or municipal
17    health department;
18        (6) personnel of the Department of Human Services, the
19    Guardianship and Advocacy Commission, the State Fire
20    Marshal, local fire departments, the Department on Aging
21    and its subsidiary Area Agencies on Aging and provider
22    agencies, and the Office of State Long Term Care Ombudsman;
23        (7) any employee of the State of Illinois not otherwise
24    specified herein who is involved in providing services to
25    eligible adults, including professionals providing medical
26    or rehabilitation services and all other persons having



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1    direct contact with eligible adults;
2        (8) a person who performs the duties of a coroner or
3    medical examiner; or
4        (9) a person who performs the duties of a paramedic or
5    an emergency medical technician.
6    (g) "Neglect" means another individual's failure to
7provide an eligible adult with or willful withholding from an
8eligible adult the necessities of life including, but not
9limited to, food, clothing, shelter or health care. This
10subsection does not create any new affirmative duty to provide
11support to eligible adults. Nothing in this Act shall be
12construed to mean that an eligible adult is a victim of neglect
13because of health care services provided or not provided by
14licensed health care professionals.
15    (h) "Provider agency" means any public or nonprofit agency
16in a planning and service area that is selected by the
17Department or appointed by the regional administrative agency
18with prior approval by the Department on Aging to receive and
19assess reports of alleged or suspected abuse, neglect, or
20financial exploitation. A provider agency is also referenced as
21a "designated agency" in this Act.
22    (i) "Regional administrative agency" means any public or
23nonprofit agency in a planning and service area that provides
24regional oversight and performs functions as set forth in
25subsection (b) of Section 3 of this Act. The Department shall
26designate an Area Agency on Aging as the regional



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1administrative agency or, in the event the Area Agency on Aging
2in that planning and service area is deemed by the Department
3to be unwilling or unable to provide those functions, the
4Department may serve as the regional administrative agency or
5designate another qualified entity to serve as the regional
6administrative agency; any such designation shall be subject to
7terms set forth by the Department.
8    (i-5) "Self-neglect" means a condition that is the result
9of an eligible adult's inability, due to physical or mental
10impairments, or both, or a diminished capacity, to perform
11essential self-care tasks that substantially threaten his or
12her own health, including: providing essential food, clothing,
13shelter, and health care; and obtaining goods and services
14necessary to maintain physical health, mental health,
15emotional well-being, and general safety. The term includes
16compulsive hoarding, which is characterized by the acquisition
17and retention of large quantities of items and materials that
18produce an extensively cluttered living space, which
19significantly impairs the performance of essential self-care
20tasks or otherwise substantially threatens life or safety.
21    (j) "Substantiated case" means a reported case of alleged
22or suspected abuse, neglect, financial exploitation, or
23self-neglect in which a provider agency, after assessment,
24determines that there is reason to believe abuse, neglect, or
25financial exploitation has occurred.
26    (k) "Verified" means a determination that there is "clear



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1and convincing evidence" that the specific injury or harm
2alleged was the result of abuse, neglect, or financial
4(Source: P.A. 98-49, eff. 7-1-13; 98-104, eff. 7-22-13; 98-756,
5eff. 7-16-14; 98-1039, eff. 8-25-14; 99-180, eff. 7-29-15.)