Sen. Laura M. Murphy

Filed: 4/20/2018





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2    AMENDMENT NO. ______. Amend Senate Bill 3179, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 5. The Department of Human Services Act is amended
6by changing Section 1-17 as follows:
7    (20 ILCS 1305/1-17)
8    Sec. 1-17. Inspector General.
9    (a) Nature and purpose. It is the express intent of the
10General Assembly to ensure the health, safety, and financial
11condition of individuals receiving services in this State due
12to mental illness, developmental disability, or both by
13protecting those persons from acts of abuse, neglect, or both
14by service providers. To that end, the Office of the Inspector
15General for the Department of Human Services is created to
16investigate and report upon allegations of the abuse, neglect,



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1or financial exploitation of individuals receiving services
2within mental health facilities, developmental disabilities
3facilities, and community agencies operated, licensed, funded
4or certified by the Department of Human Services, but not
5licensed or certified by any other State agency.
6    (b) Definitions. The following definitions apply to this
8    "Adult student with a disability" means an adult student,
9age 18 through 21, inclusive, with an Individual Education
10Program, other than a resident of a facility licensed by the
11Department of Children and Family Services in accordance with
12the Child Care Act of 1969. For purposes of this definition,
13"through age 21, inclusive", means through the day before the
14student's 22nd birthday.
15    "Agency" or "community agency" means (i) a community agency
16licensed, funded, or certified by the Department, but not
17licensed or certified by any other human services agency of the
18State, to provide mental health service or developmental
19disabilities service, or (ii) a program licensed, funded, or
20certified by the Department, but not licensed or certified by
21any other human services agency of the State, to provide mental
22health service or developmental disabilities service.
23    "Aggravating circumstance" means a factor that is
24attendant to a finding and that tends to compound or increase
25the culpability of the accused.
26    "Allegation" means an assertion, complaint, suspicion, or



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1incident involving any of the following conduct by an employee,
2facility, or agency against an individual or individuals:
3mental abuse, physical abuse, sexual abuse, neglect, or
4financial exploitation.
5    "Day" means working day, unless otherwise specified.
6    "Deflection" means a situation in which an individual is
7presented for admission to a facility or agency, and the
8facility staff or agency staff do not admit the individual.
9"Deflection" includes triage, redirection, and denial of
11    "Department" means the Department of Human Services.
12    "Developmental disability" means "developmental
13disability" as defined in the Mental Health and Developmental
14Disabilities Code.
15    "Egregious neglect" means a finding of neglect as
16determined by the Inspector General that (i) represents a gross
17failure to adequately provide for, or a callused indifference
18to, the health, safety, or medical needs of an individual and
19(ii) results in an individual's death or other serious
20deterioration of an individual's physical condition or mental
22    "Employee" means any person who provides services at the
23facility or agency on-site or off-site. The service
24relationship can be with the individual or with the facility or
25agency. Also, "employee" includes any employee or contractual
26agent of the Department of Human Services or the community



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1agency involved in providing or monitoring or administering
2mental health or developmental disability services. This
3includes but is not limited to: owners, operators, payroll
4personnel, contractors, subcontractors, and volunteers.
5    "Facility" or "State-operated facility" means a mental
6health facility or developmental disabilities facility
7operated by the Department.
8    "Financial exploitation" means taking unjust advantage of
9an individual's assets, property, or financial resources
10through deception, intimidation, or conversion for the
11employee's, facility's, or agency's own advantage or benefit.
12    "Finding" means the Office of Inspector General's
13determination regarding whether an allegation is
14substantiated, unsubstantiated, or unfounded.
15    "Health Care Worker Registry" or "Registry" means the
16Health Care Worker Registry under the Health Care Worker
17Background Check Act.
18    "Individual" means any person receiving mental health
19service, developmental disabilities service, or both from a
20facility or agency, while either on-site or off-site.
21    "Mental abuse" means the use of demeaning, intimidating, or
22threatening words, signs, gestures, or other actions by an
23employee about an individual and in the presence of an
24individual or individuals that results in emotional distress or
25maladaptive behavior, or could have resulted in emotional
26distress or maladaptive behavior, for any individual present.



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1    "Mental illness" means "mental illness" as defined in the
2Mental Health and Developmental Disabilities Code.
3    "Mentally ill" means having a mental illness.
4    "Mitigating circumstance" means a condition that (i) is
5attendant to a finding, (ii) does not excuse or justify the
6conduct in question, but (iii) may be considered in evaluating
7the severity of the conduct, the culpability of the accused, or
8both the severity of the conduct and the culpability of the
10    "Neglect" means an employee's, agency's, or facility's
11failure to provide adequate medical care, personal care, or
12maintenance and that, as a consequence, (i) causes an
13individual pain, injury, or emotional distress, (ii) results in
14either an individual's maladaptive behavior or the
15deterioration of an individual's physical condition or mental
16condition, or (iii) places the individual's health or safety at
17substantial risk.
18    "Person with a developmental disability" means a person
19having a developmental disability.
20    "Physical abuse" means an employee's non-accidental and
21inappropriate contact with an individual that causes bodily
22harm. "Physical abuse" includes actions that cause bodily harm
23as a result of an employee directing an individual or person to
24physically abuse another individual.
25    "Recommendation" means an admonition, separate from a
26finding, that requires action by the facility, agency, or



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1Department to correct a systemic issue, problem, or deficiency
2identified during an investigation.
3    "Required reporter" means any employee who suspects,
4witnesses, or is informed of an allegation of any one or more
5of the following: mental abuse, physical abuse, sexual abuse,
6neglect, or financial exploitation.
7    "Secretary" means the Chief Administrative Officer of the
9    "Sexual abuse" means any sexual contact or intimate
10physical contact between an employee and an individual,
11including an employee's coercion or encouragement of an
12individual to engage in sexual behavior that results in sexual
13contact, intimate physical contact, sexual behavior, or
14intimate physical behavior. Sexual abuse also includes (i) an
15employee's actions that result in the sending or showing of
16sexually explicit images to an individual via computer,
17cellular phone, electronic mail, portable electronic device,
18or other media with or without contact with the individual or
19(ii) an employee's posting of sexually explicit images of an
20individual online or elsewhere whether or not there is contact
21with the individual.
22    "Sexually explicit images" includes, but is not limited to,
23any material which depicts nudity, sexual conduct, or
24sado-masochistic abuse, or which contains explicit and
25detailed verbal descriptions or narrative accounts of sexual
26excitement, sexual conduct, or sado-masochistic abuse.



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1    "Substantiated" means there is a preponderance of the
2evidence to support the allegation.
3    "Unfounded" means there is no credible evidence to support
4the allegation.
5    "Unsubstantiated" means there is credible evidence, but
6less than a preponderance of evidence to support the
8    (c) Appointment. The Governor shall appoint, and the Senate
9shall confirm, an Inspector General. The Inspector General
10shall be appointed for a term of 4 years and shall function
11within the Department of Human Services and report to the
12Secretary and the Governor.
13    (d) Operation and appropriation. The Inspector General
14shall function independently within the Department with
15respect to the operations of the Office, including the
16performance of investigations and issuance of findings and
17recommendations. The appropriation for the Office of Inspector
18General shall be separate from the overall appropriation for
19the Department.
20    (e) Powers and duties. The Inspector General shall
21investigate reports of suspected mental abuse, physical abuse,
22sexual abuse, neglect, or financial exploitation of
23individuals in any mental health or developmental disabilities
24facility or agency and shall have authority to take immediate
25action to prevent any one or more of the following from
26happening to individuals under its jurisdiction: mental abuse,



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1physical abuse, sexual abuse, neglect, or financial
2exploitation. Upon written request of an agency of this State,
3the Inspector General may assist another agency of the State in
4investigating reports of the abuse, neglect, or abuse and
5neglect of persons with mental illness, persons with
6developmental disabilities, or persons with both. To comply
7with the requirements of subsection (k) of this Section, the
8Inspector General shall also review all reportable deaths for
9which there is no allegation of abuse or neglect. Nothing in
10this Section shall preempt any duties of the Medical Review
11Board set forth in the Mental Health and Developmental
12Disabilities Code. The Inspector General shall have no
13authority to investigate alleged violations of the State
14Officials and Employees Ethics Act. Allegations of misconduct
15under the State Officials and Employees Ethics Act shall be
16referred to the Office of the Governor's Executive Inspector
17General for investigation.
18    (f) Limitations. The Inspector General shall not conduct an
19investigation within an agency or facility if that
20investigation would be redundant to or interfere with an
21investigation conducted by another State agency. The Inspector
22General shall have no supervision over, or involvement in, the
23routine programmatic, licensing, funding, or certification
24operations of the Department. Nothing in this subsection limits
25investigations by the Department that may otherwise be required
26by law or that may be necessary in the Department's capacity as



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1central administrative authority responsible for the operation
2of the State's mental health and developmental disabilities
4    (g) Rulemaking authority. The Inspector General shall
5promulgate rules establishing minimum requirements for
6reporting allegations as well as for initiating, conducting,
7and completing investigations based upon the nature of the
8allegation or allegations. The rules shall clearly establish
9that if 2 or more State agencies could investigate an
10allegation, the Inspector General shall not conduct an
11investigation that would be redundant to, or interfere with, an
12investigation conducted by another State agency. The rules
13shall further clarify the method and circumstances under which
14the Office of Inspector General may interact with the
15licensing, funding, or certification units of the Department in
16preventing further occurrences of mental abuse, physical
17abuse, sexual abuse, neglect, egregious neglect, and financial
19    (h) Training programs. The Inspector General shall (i)
20establish a comprehensive program to ensure that every person
21authorized to conduct investigations receives ongoing training
22relative to investigation techniques, communication skills,
23and the appropriate means of interacting with persons receiving
24treatment for mental illness, developmental disability, or
25both mental illness and developmental disability, and (ii)
26establish and conduct periodic training programs for facility



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1and agency employees concerning the prevention and reporting of
2any one or more of the following: mental abuse, physical abuse,
3sexual abuse, neglect, egregious neglect, or financial
4exploitation. The Inspector General shall further ensure (i)
5every person authorized to conduct investigations at community
6agencies receives ongoing training in Title 59, Parts 115, 116,
7and 119, and (ii) every person authorized to conduct
8investigations shall receive ongoing training in Title 59, Part
950. Nothing in this Section shall be deemed to prevent the
10Office of Inspector General from conducting any other training
11as determined by the Inspector General to be necessary or
13    (i) Duty to cooperate.
14        (1) The Inspector General shall at all times be granted
15    access to any facility or agency for the purpose of
16    investigating any allegation, conducting unannounced site
17    visits, monitoring compliance with a written response, or
18    completing any other statutorily assigned duty. The
19    Inspector General shall conduct unannounced site visits to
20    each facility at least annually for the purpose of
21    reviewing and making recommendations on systemic issues
22    relative to preventing, reporting, investigating, and
23    responding to all of the following: mental abuse, physical
24    abuse, sexual abuse, neglect, egregious neglect, or
25    financial exploitation.
26        (2) Any employee who fails to cooperate with an Office



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1    of the Inspector General investigation is in violation of
2    this Act. Failure to cooperate with an investigation
3    includes, but is not limited to, any one or more of the
4    following: (i) creating and transmitting a false report to
5    the Office of the Inspector General hotline, (ii) providing
6    false information to an Office of the Inspector General
7    Investigator during an investigation, (iii) colluding with
8    other employees to cover up evidence, (iv) colluding with
9    other employees to provide false information to an Office
10    of the Inspector General investigator, (v) destroying
11    evidence, (vi) withholding evidence, or (vii) otherwise
12    obstructing an Office of the Inspector General
13    investigation. Additionally, any employee who, during an
14    unannounced site visit or written response compliance
15    check, fails to cooperate with requests from the Office of
16    the Inspector General is in violation of this Act.
17    (j) Subpoena powers. The Inspector General shall have the
18power to subpoena witnesses and compel the production of all
19documents and physical evidence relating to his or her
20investigations and any hearings authorized by this Act. This
21subpoena power shall not extend to persons or documents of a
22labor organization or its representatives insofar as the
23persons are acting in a representative capacity to an employee
24whose conduct is the subject of an investigation or the
25documents relate to that representation. Any person who
26otherwise fails to respond to a subpoena or who knowingly



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1provides false information to the Office of the Inspector
2General by subpoena during an investigation is guilty of a
3Class A misdemeanor.
4    (k) Reporting allegations and deaths.
5        (1) Allegations. If an employee witnesses, is told of,
6    or has reason to believe an incident of mental abuse,
7    physical abuse, sexual abuse, neglect, or financial
8    exploitation has occurred, the employee, agency, or
9    facility shall report the allegation by phone to the Office
10    of the Inspector General hotline according to the agency's
11    or facility's procedures, but in no event later than 4
12    hours after the initial discovery of the incident,
13    allegation, or suspicion of any one or more of the
14    following: mental abuse, physical abuse, sexual abuse,
15    neglect, or financial exploitation. A required reporter as
16    defined in subsection (b) of this Section who knowingly or
17    intentionally fails to comply with these reporting
18    requirements is guilty of a Class A misdemeanor.
19        (2) Deaths. Absent an allegation, a required reporter
20    shall, within 24 hours after initial discovery, report by
21    phone to the Office of the Inspector General hotline each
22    of the following:
23            (i) Any death of an individual occurring within 14
24        calendar days after discharge or transfer of the
25        individual from a residential program or facility.
26            (ii) Any death of an individual occurring within 24



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1        hours after deflection from a residential program or
2        facility.
3            (iii) Any other death of an individual occurring at
4        an agency or facility or at any Department-funded site.
5        (3) Retaliation. It is a violation of this Act for any
6    employee or administrator of an agency or facility to take
7    retaliatory action against an employee who acts in good
8    faith in conformance with his or her duties as a required
9    reporter.
10    (l) Reporting to law enforcement.
11        (1) Reporting criminal acts. Within 24 hours after
12    determining that there is credible evidence indicating
13    that a criminal act may have been committed or that special
14    expertise may be required in an investigation, the
15    Inspector General shall notify the Department of State
16    Police or other appropriate law enforcement authority, or
17    ensure that such notification is made. The Department of
18    State Police shall investigate any report from a
19    State-operated facility indicating a possible murder,
20    sexual assault, or other felony by an employee. All
21    investigations conducted by the Inspector General shall be
22    conducted in a manner designed to ensure the preservation
23    of evidence for possible use in a criminal prosecution.
24        (2) Reporting allegations of adult students with
25    disabilities. Upon receipt of a reportable allegation
26    regarding an adult student with a disability, the



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1    Department's Office of the Inspector General shall
2    determine whether the allegation meets the criteria for the
3    Domestic Abuse Program under the Abuse of Adults with
4    Disabilities Intervention Act. If the allegation is
5    reportable to that program, the Office of the Inspector
6    General shall initiate an investigation. If the allegation
7    is not reportable to the Domestic Abuse Program, the Office
8    of the Inspector General shall make an expeditious referral
9    to the respective law enforcement entity. If the alleged
10    victim is already receiving services from the Department,
11    the Office of the Inspector General shall also make a
12    referral to the respective Department of Human Services'
13    Division or Bureau.
14    (m) Investigative reports. Upon completion of an
15investigation, the Office of Inspector General shall issue an
16investigative report identifying whether the allegations are
17substantiated, unsubstantiated, or unfounded. Within 10
18business days after the transmittal of a completed
19investigative report substantiating an allegation, finding an
20allegation is unsubstantiated, or if a recommendation is made,
21the Inspector General shall provide the investigative report on
22the case to the Secretary and to the director of the facility
23or agency where any one or more of the following occurred:
24mental abuse, physical abuse, sexual abuse, neglect, egregious
25neglect, or financial exploitation. The director of the
26facility or agency shall be responsible for maintaining the



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1confidentiality of the investigative report consistent with
2State and federal law. In a substantiated case, the
3investigative report shall include any mitigating or
4aggravating circumstances that were identified during the
5investigation. If the case involves substantiated neglect, the
6investigative report shall also state whether egregious
7neglect was found. An investigative report may also set forth
8recommendations. All investigative reports prepared by the
9Office of the Inspector General shall be considered
10confidential and shall not be released except as provided by
11the law of this State or as required under applicable federal
12law. Unsubstantiated and unfounded reports shall not be
13disclosed except as allowed under Section 6 of the Abused and
14Neglected Long Term Care Facility Residents Reporting Act. Raw
15data used to compile the investigative report shall not be
16subject to release unless required by law or a court order.
17"Raw data used to compile the investigative report" includes,
18but is not limited to, any one or more of the following: the
19initial complaint, witness statements, photographs,
20investigator's notes, police reports, or incident reports. If
21the allegations are substantiated, the accused shall be
22provided with a redacted copy of the investigative report.
23Death reports where there was no allegation of abuse or neglect
24shall only be released pursuant to applicable State or federal
25law or a valid court order.
26    (n) Written responses and reconsideration requests.



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1        (1) Written responses. Within 30 calendar days from
2    receipt of a substantiated investigative report or an
3    investigative report which contains recommendations,
4    absent a reconsideration request, the facility or agency
5    shall file a written response that addresses, in a concise
6    and reasoned manner, the actions taken to: (i) protect the
7    individual; (ii) prevent recurrences; and (iii) eliminate
8    the problems identified. The response shall include the
9    implementation and completion dates of such actions. If the
10    written response is not filed within the allotted 30
11    calendar day period, the Secretary shall determine the
12    appropriate corrective action to be taken.
13        (2) Reconsideration requests. The facility, agency,
14    victim or guardian, or the subject employee may request
15    that the Office of Inspector General reconsider or clarify
16    its finding based upon additional information.
17    (o) Disclosure of the finding by the Inspector General. The
18Inspector General shall disclose the finding of an
19investigation to the following persons: (i) the Governor, (ii)
20the Secretary, (iii) the director of the facility or agency,
21(iv) the alleged victims and their guardians, (v) the
22complainant, and (vi) the accused. This information shall
23include whether the allegations were deemed substantiated,
24unsubstantiated, or unfounded.
25    (p) Secretary review. Upon review of the Inspector
26General's investigative report and any agency's or facility's



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1written response, the Secretary shall accept or reject the
2written response and notify the Inspector General of that
3determination. The Secretary may further direct that other
4administrative action be taken, including, but not limited to,
5any one or more of the following: (i) additional site visits,
6(ii) training, (iii) provision of technical assistance
7relative to administrative needs, licensure or certification,
8or (iv) the imposition of appropriate sanctions.
9    (q) Action by facility or agency. Within 30 days of the
10date the Secretary approves the written response or directs
11that further administrative action be taken, the facility or
12agency shall provide an implementation report to the Inspector
13General that provides the status of the action taken. The
14facility or agency shall be allowed an additional 30 days to
15send notice of completion of the action or to send an updated
16implementation report. If the action has not been completed
17within the additional 30-day 30 day period, the facility or
18agency shall send updated implementation reports every 60 days
19until completion. The Inspector General shall conduct a review
20of any implementation plan that takes more than 120 days after
21approval to complete, and shall monitor compliance through a
22random review of approved written responses, which may include,
23but are not limited to: (i) site visits, (ii) telephone
24contact, and (iii) requests for additional documentation
25evidencing compliance.
26    (r) Sanctions. Sanctions, if imposed by the Secretary under



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1Subdivision (p)(iv) of this Section, shall be designed to
2prevent further acts of mental abuse, physical abuse, sexual
3abuse, neglect, egregious neglect, or financial exploitation
4or some combination of one or more of those acts at a facility
5or agency, and may include any one or more of the following:
6        (1) Appointment of on-site monitors.
7        (2) Transfer or relocation of an individual or
8    individuals.
9        (3) Closure of units.
10        (4) Termination of any one or more of the following:
11    (i) Department licensing, (ii) funding, or (iii)
12    certification.
13    The Inspector General may seek the assistance of the
14Illinois Attorney General or the office of any State's Attorney
15in implementing sanctions.
16    (s) Health Care Worker Registry.
17        (1) Reporting to the Registry. The Inspector General
18    shall report to the Department of Public Health's Health
19    Care Worker Registry, a public registry, the identity and
20    finding of each employee of a facility or agency against
21    whom there is a final investigative report containing a
22    substantiated allegation of physical or sexual abuse,
23    financial exploitation, or egregious neglect of an
24    individual.
25        (2) Notice to employee. Prior to reporting the name of
26    an employee, the employee shall be notified of the



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1    Department's obligation to report and shall be granted an
2    opportunity to request an administrative hearing, the sole
3    purpose of which is to determine if the substantiated
4    finding warrants reporting to the Registry. Notice to the
5    employee shall contain a clear and concise statement of the
6    grounds on which the report to the Registry is based, offer
7    the employee an opportunity for a hearing, and identify the
8    process for requesting such a hearing. Notice is sufficient
9    if provided by certified mail to the employee's last known
10    address. If the employee fails to request a hearing within
11    30 days from the date of the notice, the Inspector General
12    shall report the name of the employee to the Registry.
13    Nothing in this subdivision (s)(2) shall diminish or impair
14    the rights of a person who is a member of a collective
15    bargaining unit under the Illinois Public Labor Relations
16    Act or under any other federal labor statute.
17        (3) Registry hearings. If the employee requests an
18    administrative hearing, the employee shall be granted an
19    opportunity to appear before an administrative law judge to
20    present reasons why the employee's name should not be
21    reported to the Registry. The Department shall bear the
22    burden of presenting evidence that establishes, by a
23    preponderance of the evidence, that the substantiated
24    finding warrants reporting to the Registry. After
25    considering all the evidence presented, the administrative
26    law judge shall make a recommendation to the Secretary as



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1    to whether the substantiated finding warrants reporting
2    the name of the employee to the Registry. The Secretary
3    shall render the final decision. The Department and the
4    employee shall have the right to request that the
5    administrative law judge consider a stipulated disposition
6    of these proceedings.
7        (4) Testimony at Registry hearings. A person who makes
8    a report or who investigates a report under this Act shall
9    testify fully in any judicial proceeding resulting from
10    such a report, as to any evidence of abuse or neglect, or
11    the cause thereof. No evidence shall be excluded by reason
12    of any common law or statutory privilege relating to
13    communications between the alleged perpetrator of abuse or
14    neglect, or the individual alleged as the victim in the
15    report, and the person making or investigating the report.
16    Testimony at hearings is exempt from the confidentiality
17    requirements of subsection (f) of Section 10 of the Mental
18    Health and Developmental Disabilities Confidentiality Act.
19        (5) Employee's rights to collateral action. No
20    reporting to the Registry shall occur and no hearing shall
21    be set or proceed if an employee notifies the Inspector
22    General in writing, including any supporting
23    documentation, that he or she is formally contesting an
24    adverse employment action resulting from a substantiated
25    finding by complaint filed with the Illinois Civil Service
26    Commission, or which otherwise seeks to enforce the



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1    employee's rights pursuant to any applicable collective
2    bargaining agreement. If an action taken by an employer
3    against an employee as a result of a finding of physical
4    abuse, sexual abuse, or egregious neglect is overturned
5    through an action filed with the Illinois Civil Service
6    Commission or under any applicable collective bargaining
7    agreement and if that employee's name has already been sent
8    to the Registry, the employee's name shall be removed from
9    the Registry.
10        (6) Removal from Registry. At any time after the report
11    to the Registry, but no more than once in any 12-month
12    period, an employee may petition the Department in writing
13    to remove his or her name from the Registry. Upon receiving
14    notice of such request, the Inspector General shall conduct
15    an investigation into the petition. Upon receipt of such
16    request, an administrative hearing will be set by the
17    Department. At the hearing, the employee shall bear the
18    burden of presenting evidence that establishes, by a
19    preponderance of the evidence, that removal of the name
20    from the Registry is in the public interest. The parties
21    may jointly request that the administrative law judge
22    consider a stipulated disposition of these proceedings.
23    (t) Review of Administrative Decisions. The Department
24shall preserve a record of all proceedings at any formal
25hearing conducted by the Department involving Health Care
26Worker Registry hearings. Final administrative decisions of



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1the Department are subject to judicial review pursuant to
2provisions of the Administrative Review Law.
3    (u) Quality Care Board. There is created, within the Office
4of the Inspector General, a Quality Care Board to be composed
5of 7 members appointed by the Governor with the advice and
6consent of the Senate. One of the members shall be designated
7as chairman by the Governor. Of the initial appointments made
8by the Governor, 4 Board members shall each be appointed for a
9term of 4 years and 3 members shall each be appointed for a
10term of 2 years. Upon the expiration of each member's term, a
11successor shall be appointed for a term of 4 years. In the case
12of a vacancy in the office of any member, the Governor shall
13appoint a successor for the remainder of the unexpired term.
14    Members appointed by the Governor shall be qualified by
15professional knowledge or experience in the area of law,
16investigatory techniques, or in the area of care of the
17mentally ill or care of persons with developmental
18disabilities. Two members appointed by the Governor shall be
19persons with a disability or a parent of a person with a
20disability. Members shall serve without compensation, but
21shall be reimbursed for expenses incurred in connection with
22the performance of their duties as members.
23    The Board shall meet quarterly, and may hold other meetings
24on the call of the chairman. Four members shall constitute a
25quorum allowing the Board to conduct its business. The Board
26may adopt rules and regulations it deems necessary to govern



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1its own procedures.
2    The Board shall monitor and oversee the operations,
3policies, and procedures of the Inspector General to ensure the
4prompt and thorough investigation of allegations of neglect and
5abuse. In fulfilling these responsibilities, the Board may do
6the following:
7        (1) Provide independent, expert consultation to the
8    Inspector General on policies and protocols for
9    investigations of alleged abuse, neglect, or both abuse and
10    neglect.
11        (2) Review existing regulations relating to the
12    operation of facilities.
13        (3) Advise the Inspector General as to the content of
14    training activities authorized under this Section.
15        (4) Recommend policies concerning methods for
16    improving the intergovernmental relationships between the
17    Office of the Inspector General and other State or federal
18    offices.
19    (v) Annual report. The Inspector General shall provide to
20the General Assembly and the Governor, no later than January 1
21of each year, a summary of reports and investigations made
22under this Act for the prior fiscal year with respect to
23individuals receiving mental health or developmental
24disabilities services. The report shall detail the imposition
25of sanctions, if any, and the final disposition of any
26corrective or administrative action directed by the Secretary.



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1The summaries shall not contain any confidential or identifying
2information of any individual, but shall include objective data
3identifying any trends in the number of reported allegations,
4the timeliness of the Office of the Inspector General's
5investigations, and their disposition, for each facility and
6Department-wide, for the most recent 3-year time period. The
7report shall also identify, by facility, the staff-to-patient
8ratios taking account of direct care staff only. The report
9shall also include detailed recommended administrative actions
10and matters for consideration by the General Assembly.
11    (w) Program audit. The Auditor General shall conduct a
12program audit of the Office of the Inspector General on an
13as-needed basis, as determined by the Auditor General. The
14audit shall specifically include the Inspector General's
15compliance with the Act and effectiveness in investigating
16reports of allegations occurring in any facility or agency. The
17Auditor General shall conduct the program audit according to
18the provisions of the Illinois State Auditing Act and shall
19report its findings to the General Assembly no later than
20January 1 following the audit period.
21    (x) Nothing in this Section shall be construed to mean that
22an individual is a victim of abuse or neglect because of health
23care services appropriately provided or not provided by health
24care professionals.
25    (y) Nothing in this Section shall require a facility,
26including its employees, agents, medical staff members, and



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1health care professionals, to provide a service to an
2individual in contravention of that individual's stated or
3implied objection to the provision of that service on the
4ground that that service conflicts with the individual's
5religious beliefs or practices, nor shall the failure to
6provide a service to an individual be considered abuse under
7this Section if the individual has objected to the provision of
8that service based on his or her religious beliefs or
10(Source: P.A. 99-143, eff. 7-27-15; 99-323, eff. 8-7-15;
1199-642, eff. 7-28-16; 100-313, eff. 8-24-17; 100-432, eff.
128-25-17; revised 9-27-17.)
13    Section 99. Effective date. This Act takes effect upon
14becoming law.".