HB3381 98TH GENERAL ASSEMBLY

LRB098 08875 DRJ 39006 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3381

Introduced , by Rep. Silvana Tabares

SYNOPSIS AS INTRODUCED:

210 ILCS 9/97 new
210 ILCS 30/4	from Ch. 111 1/2, par. 4164
210 ILCS 45/3-610	from Ch. 111 1/2, par. 4153-610
210 ILCS 47/3-610
210 ILCS 48/3-610
320 ILCS 20/4	from Ch. 23, par. 6604

Amends the Assisted Living and Shared Housing Act, the Abused and Neglected Long Term Care Facility Residents Reporting Act, the Nursing Home Care Act, the ID/DD Community Care Act, the Specialized Mental Health Rehabilitation Act, and the Elder Abuse and Neglect Act. Provides that any administrator, supervisor, or employee of a long term care facility, or any administrator, supervisor, or employee of an assisted living or shared housing establishment, having reasonable cause to believe that any resident of the facility or establishment has been subjected to abuse shall report the abuse or cause a report of the abuse to be made as follows: if the suspected abuse results in serious bodily injury to the resident, a telephone report shall be made to the local law enforcement agency within 2 hours after the administrator, supervisor, or employee observed, obtained knowledge of, or suspected the abuse; in addition, a written report shall be made to the local law enforcement agency, the Department, and the Office of State Long Term Care Ombudsman within 2 hours after the administrator, supervisor, or employee observed, obtained knowledge of, or suspected the abuse. Provides that if the suspected abuse does not result in serious bodily injury to the resident, such reports shall be made within 24 hours. Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Assisted Living and Shared Housing Act is amended by adding Section 97 as follows:

(210 ILCS 9/97 new)

Sec. 97. Reports of abuse.

(a) Any administrator, supervisor, or employee of an assisted living or shared housing establishment having reasonable cause to believe that any resident of the establishment has been subjected to abuse shall report the abuse or cause a report of the abuse to be made as follows:

(1) If the suspected abuse results in serious bodily injury to the resident, a telephone report shall be made to the local law enforcement agency within 2 hours after the administrator, supervisor, or employee observed, obtained knowledge of, or suspected the abuse. In addition, a written report shall be made to the local law enforcement agency, the Department, and the Office of State Long Term Care Ombudsman within 2 hours after the administrator, supervisor, or employee observed, obtained knowledge of, or suspected the abuse.

(2) If the suspected abuse does not result in serious bodily injury to the resident, a telephone report shall be made to the local law enforcement agency within 24 hours after the administrator, supervisor, or employee observed, obtained knowledge of, or suspected the abuse. In addition, a written report shall be made to the local law enforcement agency, the Department, and the Office of State Long Term Care Ombudsman within 24 hours after the administrator, supervisor, or employee observed, obtained knowledge of, or suspected the abuse.

(b) A person required to make reports or cause reports to be made under this Section who fails to comply with the requirements of this Section is guilty of a Class A misdemeanor.

Section 10. The Abused and Neglected Long Term Care Facility Residents Reporting Act is amended by changing Section 4 as follows:

(210 ILCS 30/4) (from Ch. 111 1/2, par. 4164)

Sec. 4. Reports of abuse or neglect.

(a) Any long term care facility administrator, agent or employee or any physician, hospital, surgeon, dentist, osteopath, chiropractor, podiatrist, accredited religious practitioner who provides treatment by spiritual means alone through prayer in accordance with the tenets and practices of the accrediting church, coroner, social worker, social services administrator, registered nurse, law enforcement officer, field personnel of the Department of Healthcare and Family Services, field personnel of the Illinois Department of Public Health and County or Municipal Health Departments, personnel of the Department of Human Services (acting as the successor to the Department of Mental Health and Developmental Disabilities or the Department of Public Aid), personnel of the Guardianship and Advocacy Commission, personnel of the State Fire Marshal, local fire department inspectors or other personnel, or personnel of the Illinois Department on Aging, or its subsidiary Agencies on Aging, or employee of a facility licensed under the Assisted Living and Shared Housing Act, having reasonable cause to believe any resident with whom they have direct contact has been subjected to abuse or neglect shall immediately report or cause a report to be made to the Department. Persons required to make reports or cause reports to be made under this Section include all employees of the State of Illinois who are involved in providing services to residents, including professionals providing medical or rehabilitation services and all other persons having direct contact with residents; and further include all employees of community service agencies who provide services to a resident of a public or private long term care facility outside of that facility. Any long term care surveyor of the Illinois Department of Public Health who has reasonable cause to believe in the course of a survey that a resident has been abused or neglected and initiates an investigation while on site at the facility shall be exempt from making a report under this Section but the results of any such investigation shall be forwarded to the central register in a manner and form described by the Department.

(b) Any administrator, supervisor, or employee of a long term care facility, or any administrator, supervisor, or employee of an assisted living or shared housing establishment licensed under the Assisted Living and Shared Housing Act, having reasonable cause to believe that any resident of the facility or establishment has been subjected to abuse shall report the abuse or cause a report of the abuse to be made as follows:

(1) If the suspected abuse results in serious bodily injury to the resident, a telephone report shall be made to the local law enforcement agency within 2 hours after the administrator, supervisor, or employee observed, obtained knowledge of, or suspected the abuse. In addition, a written report shall be made to the local law enforcement agency, the Department, and the Office of State Long Term Care Ombudsman within 2 hours after the administrator, supervisor, or employee observed, obtained knowledge of, or suspected the abuse.

(2) If the suspected abuse does not result in serious bodily injury to the resident, a telephone report shall be made to the local law enforcement agency within 24 hours after the administrator, supervisor, or employee observed, obtained knowledge of, or suspected the abuse. In addition, a written report shall be made to the local law enforcement agency, the Department, and the Office of State Long Term Care Ombudsman within 24 hours after the administrator, supervisor, or employee observed, obtained knowledge of, or suspected the abuse.

(c) The requirement of this Act shall not relieve any long term care facility administrator, agent or employee of responsibility to report the abuse or neglect of a resident under Section 3-610 of the Nursing Home Care Act or under Section 3-610 of the ID/DD Community Care Act or under Section 3-610 of the Specialized Mental Health Rehabilitation Act.

(d) In addition to the above persons required to report suspected resident abuse and neglect, any other person may make a report to the Department, or to any law enforcement officer, if such person has reasonable cause to suspect a resident has been abused or neglected.

(e) This Section also applies to residents whose death occurs from suspected abuse or neglect before being found or brought to a hospital.

(f) A person required to make reports or cause reports to be made under this Section who fails to comply with the requirements of this Section is guilty of a Class A misdemeanor.

(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12.)

Section 15. The Nursing Home Care Act is amended by changing Section 3-610 as follows:

(210 ILCS 45/3-610) (from Ch. 111 1/2, par. 4153-610)

Sec. 3-610. Duty to report violations.

(a) A facility employee or agent who becomes aware of abuse or neglect of a resident prohibited by Section 2-107 shall immediately report the matter to the Department and to the facility administrator. A facility administrator who becomes aware of abuse or neglect of a resident prohibited by Section 2-107 shall immediately report the matter by telephone and in writing to the resident's representative, and to the Department. Any person may report a violation of Section 2-107 to the Department.

(a-5) Any administrator, supervisor, or employee of a facility having reasonable cause to believe that any resident of the facility has been subjected to abuse shall report the abuse or cause a report of the abuse to be made as follows:

(1) If the suspected abuse results in serious bodily injury to the resident, a telephone report shall be made to the local law enforcement agency within 2 hours after the administrator, supervisor, or employee observed, obtained knowledge of, or suspected the abuse. In addition, a written report shall be made to the local law enforcement agency, the Department, and the Office of State Long Term Care Ombudsman within 2 hours after the administrator, supervisor, or employee observed, obtained knowledge of, or suspected the abuse.

(2) If the suspected abuse does not result in serious bodily injury to the resident, a telephone report shall be made to the local law enforcement agency within 24 hours after the administrator, supervisor, or employee observed, obtained knowledge of, or suspected the abuse. In addition, a written report shall be made to the local law enforcement agency, the Department, and the Office of State Long Term Care Ombudsman within 24 hours after the administrator, supervisor, or employee observed, obtained knowledge of, or suspected the abuse.

A person required to make reports or cause reports to be made under this subsection who fails to comply with the requirements of this subsection is guilty of a Class A misdemeanor.

(b) A facility employee or agent who becomes aware of another facility employee or agent's theft or misappropriation of a resident's property must immediately report the matter to the facility administrator. A facility administrator who becomes aware of a facility employee or agent's theft or misappropriation of a resident's property must immediately report the matter by telephone and in writing to the resident's representative, to the Department, and to the local law enforcement agency. Neither a licensee nor its employees or agents may dismiss or otherwise retaliate against a facility employee or agent who reports the theft or misappropriation of a resident's property under this subsection.

(Source: P.A. 94-26, eff. 1-1-06.)

Section 20. The ID/DD Community Care Act is amended by changing Section 3-610 as follows:

(210 ILCS 47/3-610)

Sec. 3-610. Duty to report violations.

(a) A facility employee or agent who becomes aware of abuse or neglect of a resident prohibited by Section 2-107 shall immediately report the matter to the Department and to the facility administrator. A facility administrator who becomes aware of abuse or neglect of a resident prohibited by Section 2-107 shall immediately report the matter by telephone and in writing to the resident's representative, and to the Department. Any person may report a violation of Section 2-107 to the Department.

(a-5) Any administrator, supervisor, or employee of a facility having reasonable cause to believe that any resident of the facility has been subjected to abuse shall report the abuse or cause a report of the abuse to be made as follows:

(1) If the suspected abuse results in serious bodily injury to the resident, a telephone report shall be made to the local law enforcement agency within 2 hours after the administrator, supervisor, or employee observed, obtained knowledge of, or suspected the abuse. In addition, a written report shall be made to the local law enforcement agency, the Department, and the Office of State Long Term Care Ombudsman within 2 hours after the administrator, supervisor, or employee observed, obtained knowledge of, or suspected the abuse.

(2) If the suspected abuse does not result in serious bodily injury to the resident, a telephone report shall be made to the local law enforcement agency within 24 hours after the administrator, supervisor, or employee observed, obtained knowledge of, or suspected the abuse. In addition, a written report shall be made to the local law enforcement agency, the Department, and the Office of State Long Term Care Ombudsman within 24 hours after the administrator, supervisor, or employee observed, obtained knowledge of, or suspected the abuse.

A person required to make reports or cause reports to be made under this subsection who fails to comply with the requirements of this subsection is guilty of a Class A misdemeanor.

(b) A facility employee or agent who becomes aware of another facility employee or agent's theft or misappropriation of a resident's property must immediately report the matter to the facility administrator. A facility administrator who becomes aware of a facility employee or agent's theft or misappropriation of a resident's property must immediately report the matter by telephone and in writing to the resident's representative, to the Department, and to the local law enforcement agency. Neither a licensee nor its employees or agents may dismiss or otherwise retaliate against a facility employee or agent who reports the theft or misappropriation of a resident's property under this subsection.

(Source: P.A. 96-339, eff. 7-1-10.)

Section 25. The Specialized Mental Health Rehabilitation Act is amended by changing Section 3-610 as follows:

(210 ILCS 48/3-610)

Sec. 3-610. Duty to report violations.

(a) A facility employee or agent who becomes aware of abuse or neglect of a resident prohibited by Section 2-107 shall immediately report the matter to the Department and to the facility administrator. A facility administrator who becomes aware of abuse or neglect of a resident prohibited by Section 2-107 shall immediately report the matter by telephone and in writing to the resident's representative, and to the Department. Any person may report a violation of Section 2-107 to the Department.

(a-5) Any administrator, supervisor, or employee of a facility having reasonable cause to believe that any resident of the facility has been subjected to abuse shall report the abuse or cause a report of the abuse to be made as follows:

(1) If the suspected abuse results in serious bodily injury to the resident, a telephone report shall be made to the local law enforcement agency within 2 hours after the administrator, supervisor, or employee observed, obtained knowledge of, or suspected the abuse. In addition, a written report shall be made to the local law enforcement agency, the Department, and the Office of State Long Term Care Ombudsman within 2 hours after the administrator, supervisor, or employee observed, obtained knowledge of, or suspected the abuse.

(2) If the suspected abuse does not result in serious bodily injury to the resident, a telephone report shall be made to the local law enforcement agency within 24 hours after the administrator, supervisor, or employee observed, obtained knowledge of, or suspected the abuse. In addition, a written report shall be made to the local law enforcement agency, the Department, and the Office of State Long Term Care Ombudsman within 24 hours after the administrator, supervisor, or employee observed, obtained knowledge of, or suspected the abuse.

A person required to make reports or cause reports to be made under this subsection who fails to comply with the requirements of this subsection is guilty of a Class A misdemeanor.

(b) A facility employee or agent who becomes aware of another facility employee or agent's theft or misappropriation of a resident's property must immediately report the matter to the facility administrator. A facility administrator who becomes aware of a facility employee or agent's theft or misappropriation of a resident's property must immediately report the matter by telephone and in writing to the resident's representative, to the Department, and to the local law enforcement agency. Neither a licensee nor its employees or agents may dismiss or otherwise retaliate against a facility employee or agent who reports the theft or misappropriation of a resident's property under this subsection.

(Source: P.A. 97-38, eff. 6-28-11.)

Section 30. The Elder Abuse and Neglect Act is amended by changing Section 4 as follows:

(320 ILCS 20/4) (from Ch. 23, par. 6604)

Sec. 4. Reports of abuse or neglect.

(a) Any person who suspects the abuse, neglect, financial exploitation, or self-neglect of an eligible adult may report this suspicion to an agency designated to receive such reports under this Act or to the Department.

(a-5) If any mandated reporter has reason to believe that an eligible adult, who because of dysfunction is unable to seek assistance for himself or herself, has, within the previous 12 months, been subjected to abuse, neglect, or financial exploitation, the mandated reporter shall, within 24 hours after developing such belief, report this suspicion to an agency designated to receive such reports under this Act or to the Department. The agency designated to receive such reports under this Act or the Department may establish a manner in which a mandated reporter can make the required report through an Internet reporting tool. Information sent and received through the Internet reporting tool is subject to the same rules in this Act as other types of confidential reporting established by the designated agency or the Department. Whenever a mandated reporter is required to report under this Act in his or her capacity as a member of the staff of a medical or other public or private institution, facility, board and care home, or agency, he or she shall make a report to an agency designated to receive such reports under this Act or to the Department in accordance with the provisions of this Act and may also notify the person in charge of the institution, facility, board and care home, or agency or his or her designated agent that the report has been made. Under no circumstances shall any person in charge of such institution, facility, board and care home, or agency, or his or her designated agent to whom the notification has been made, exercise any control, restraint, modification, or other change in the report or the forwarding of the report to an agency designated to receive such reports under this Act or to the Department. The privileged quality of communication between any professional person required to report and his or her patient or client shall not apply to situations involving abused, neglected, or financially exploited eligible adults and shall not constitute grounds for failure to report as required by this Act.

(a-6) Any administrator, supervisor, or employee of a facility licensed under the Nursing Home Care Act, the ID/DD Community Care Act, or the Specialized Mental Health Rehabilitation Act, or any administrator, supervisor, or employee of an assisted living or shared housing establishment licensed under the Assisted Living and Shared Housing Act, having reasonable cause to believe that any resident of the facility or establishment has been subjected to abuse shall report the abuse or cause a report of the abuse to be made as follows:

(1) If the suspected abuse results in serious bodily injury to the resident, a telephone report shall be made to the local law enforcement agency within 2 hours after the administrator, supervisor, or employee observed, obtained knowledge of, or suspected the abuse. In addition, a written report shall be made to the local law enforcement agency, the Department, and the Office of State Long Term Care Ombudsman within 2 hours after the administrator, supervisor, or employee observed, obtained knowledge of, or suspected the abuse.

(2) If the suspected abuse does not result in serious bodily injury to the resident, a telephone report shall be made to the local law enforcement agency within 24 hours after the administrator, supervisor, or employee observed, obtained knowledge of, or suspected the abuse. In addition, a written report shall be made to the local law enforcement agency, the Department, and the Office of State Long Term Care Ombudsman within 24 hours after the administrator, supervisor, or employee observed, obtained knowledge of, or suspected the abuse.

A person required to make reports or cause reports to be made under this subsection who fails to comply with the requirements of this subsection is guilty of a Class A misdemeanor.

(a-7) A person making a report under this Act in the belief that it is in the alleged victim's best interest shall be immune from criminal or civil liability or professional disciplinary action on account of making the report, notwithstanding any requirements concerning the confidentiality of information with respect to such eligible adult which might otherwise be applicable.

(a-9) Law enforcement officers shall continue to report incidents of alleged abuse pursuant to the Illinois Domestic Violence Act of 1986, notwithstanding any requirements under this Act.

(b) Any person, institution or agency participating in the making of a report, providing information or records related to a report, assessment, or services, or participating in the investigation of a report under this Act in good faith, or taking photographs or x-rays as a result of an authorized assessment, shall have immunity from any civil, criminal or other liability in any civil, criminal or other proceeding brought in consequence of making such report or assessment or on account of submitting or otherwise disclosing such photographs or x-rays to any agency designated to receive reports of alleged or suspected abuse or neglect. Any person, institution or agency authorized by the Department to provide assessment, intervention, or administrative services under this Act shall, in the good faith performance of those services, have immunity from any civil, criminal or other liability in any civil, criminal, or other proceeding brought as a consequence of the performance of those services. For the purposes of any civil, criminal, or other proceeding, the good faith of any person required to report, permitted to report, or participating in an investigation of a report of alleged or suspected abuse, neglect, financial exploitation, or self-neglect shall be presumed.

(c) The identity of a person making a report of alleged or suspected abuse, neglect, financial exploitation, or self-neglect under this Act may be disclosed by the Department or other agency provided for in this Act only with such person's written consent or by court order.

(d) The Department shall by rule establish a system for filing and compiling reports made under this Act.

(e) Any physician who willfully fails to report as required by this Act shall be referred to the Illinois State Medical Disciplinary Board for action in accordance with subdivision (A)(22) of Section 22 of the Medical Practice Act of 1987. Any dentist or dental hygienist who willfully fails to report as required by this Act shall be referred to the Department of Professional Regulation for action in accordance with paragraph 19 of Section 23 of the Illinois Dental Practice Act. Any optometrist who willfully fails to report as required by this Act shall be referred to the Department of Financial and Professional Regulation for action in accordance with paragraph (15) of subsection (a) of Section 24 of the Illinois Optometric Practice Act of 1987. Any other mandated reporter required by this Act to report suspected abuse, neglect, or financial exploitation who willfully fails to report the same is guilty of a Class A misdemeanor.

(Source: P.A. 96-378, eff. 1-1-10; 96-526, eff. 1-1-10; 96-1000, eff. 7-2-10; 97-860, eff. 7-30-12.)

Section 99. Effective date. This Act takes effect upon becoming law.