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90_HB0099ham001
LRB9000697LDdvam01
1 AMENDMENT TO HOUSE BILL 99
2 AMENDMENT NO. . Amend House Bill 99 by replacing the
3 title with the following:
4 "AN ACT concerning the Inspector General, amending named
5 Acts."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Legislative Audit Commission Act is
9 amended by adding Section 1.1 as follows:
10 (25 ILCS 150/1.1 new)
11 Sec. 1.1. Appointment of Inspector General. The
12 Commission shall appoint an Inspector General for the
13 Department of Human Services. The Inspector General shall
14 have those powers enumerated in Sections 6.2 through 6.8,
15 inclusive, of the Abused and Neglected Long Term Care
16 Facility Residents Reporting Act and such other powers as may
17 be determined by rule.
18 Section 10. The Abused and Neglected Long Term Care
19 Facility Residents Reporting Act is amended by changing
20 Sections 6.2, 6.3, 6.4, 6.5, 6.6, 6.7, and 6.8 as follows:
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1 (210 ILCS 30/6.2) (from Ch. 111 1/2, par. 4166.2)
2 (Section scheduled to be repealed on January 1, 2000)
3 (Text of Section before amendment by P.A. 89-507)
4 Sec. 6.2. Inspector General.
5 (a) The Governor shall appoint, and the Senate shall
6 confirm, an Inspector General who shall function within the
7 Department of Mental Health and Developmental Disabilities
8 and report to the Director until the Inspector General under
9 this amendatory Act of 1997 has been appointed and qualified.
10 The Legislative Audit Commission shall appoint an Inspector
11 General who shall function independently of the Department of
12 Mental Health and Developmental Disabilities and report to
13 the Legislative Audit Commission. The Inspector General
14 shall serve beginning on the effective date of this
15 amendatory Act of 1997, or as soon thereafter as he or she is
16 appointed and qualified. The Inspector General shall
17 investigate reports of suspected abuse or neglect (as those
18 terms are defined in Section 3 of this Act) of patients or
19 residents in any facility operated by the Department of
20 Mental Health and Developmental Disabilities and shall have
21 authority to investigate and take immediate action on reports
22 of abuse or neglect of recipients, whether patients or
23 residents, in any facility or program that is licensed or
24 certified by the Department of Mental Health and
25 Developmental Disabilities or that is funded by the
26 Department of Mental Health and Developmental Disabilities
27 and is not licensed or certified by any agency of the State.
28 At the specific, written request of an agency of the State
29 other than the Department of Mental Health and Developmental
30 Disabilities, the Inspector General may cooperate in
31 investigating reports of abuse and neglect of persons with
32 mental illness or persons with developmental disabilities.
33 The Inspector General shall have no supervision over or
34 involvement in routine, programmatic, licensure, or
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1 certification operations of the Department of Mental Health
2 and Developmental Disabilities or any of its funded agencies.
3 The Inspector General shall promulgate rules establishing
4 minimum requirements for initiating, conducting, and
5 completing investigations. The promulgated rules shall
6 clearly set forth that in instances where 2 or more State
7 agencies could investigate an allegation of abuse or neglect,
8 the Inspector General shall not conduct an investigation that
9 is redundant to an investigation conducted by another State
10 agency. The rules shall establish criteria for determining,
11 based upon the nature of the allegation, the appropriate
12 method of investigation, which may include, but need not be
13 limited to, site visits, telephone contacts, or requests for
14 written responses from agencies. The rules shall also
15 clarify how the Office of the Inspector General shall
16 interact with the licensing unit of the Department of Mental
17 Health and Developmental Disabilities in investigations of
18 allegations of abuse or neglect. Any allegations or
19 investigations of reports made pursuant to this Act shall
20 remain confidential until a final report is completed. Final
21 reports regarding unsubstantiated or unfounded allegations
22 shall remain confidential, except that final reports may be
23 disclosed pursuant to Section 6 of this Act.
24 The Inspector General shall be appointed for a term of 4
25 years.
26 (b) The Inspector General shall within 24 hours after
27 receiving a report of suspected abuse or neglect determine
28 whether the evidence indicates that any possible criminal act
29 has been committed. If he or she determines that a possible
30 criminal act has been committed, or that special expertise is
31 required in the investigation, he or she shall immediately
32 notify the Department of State Police. The Department of
33 State Police shall investigate any report indicating a
34 possible murder, rape, or other felony. All investigations
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1 conducted by the Inspector General shall be conducted in a
2 manner designed to ensure the preservation of evidence for
3 possible use in a criminal prosecution.
4 (c) The Inspector General shall, within 10 calendar days
5 after the transmittal date of a completed investigation where
6 abuse or neglect is substantiated or administrative action is
7 recommended, provide a complete report on the case to the
8 Commission, to the Director of Mental Health and
9 Developmental Disabilities, and to the agency in which the
10 abuse or neglect is alleged to have happened. There shall be
11 an appeals process for any person or agency that is subject
12 to any action based on a recommendation or recommendations.
13 (d) The Inspector General may recommend to the
14 Departments of Public Health and Mental Health and
15 Developmental Disabilities sanctions to be imposed against
16 facilities under the jurisdiction of the Department of Mental
17 Health and Developmental Disabilities for the protection of
18 residents, including appointment of on-site monitors or
19 receivers, transfer or relocation of residents, and closure
20 of units. The Inspector General may seek the assistance of
21 the Attorney General or any of the several State's attorneys
22 in imposing such sanctions.
23 (e) The Inspector General shall establish and conduct
24 periodic training programs for Department employees
25 concerning the prevention and reporting of neglect and abuse.
26 (f) The Inspector General shall at all times be granted
27 access to any facility operated by the Department, shall
28 establish and conduct unannounced site visits to those
29 facilities at least once annually, and shall be granted
30 access, for the purpose of investigating a report of abuse or
31 neglect, to any facility or program funded by the Department
32 that is subject under the provisions of this Section to
33 investigation by the Inspector General for a report of abuse
34 or neglect.
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1 (g) Nothing in this Section shall limit investigations
2 by the Department of Mental Health and Developmental
3 Disabilities that may otherwise be required by law or that
4 may be necessary in that Department's capacity as the central
5 administrative authority responsible for the operation of
6 State mental health and developmental disability facilities.
7 (h) This Section is repealed on January 1, 2000.
8 (Source: P.A. 89-427, eff. 12-7-95.)
9 (Text of Section after amendment by P.A. 89-507)
10 Sec. 6.2. Inspector General.
11 (a) The Governor shall appoint an Inspector General who
12 shall function within the Department of Human Services and
13 report to the Secretary of Human Services until the Inspector
14 General under this amendatory Act of 1997 has been appointed
15 and qualified. The Legislative Audit Commission shall appoint
16 an Inspector General who shall function independently of the
17 Department of Human Services and report to the Legislative
18 Audit Commission. The Inspector General shall serve
19 beginning on the effective date of this amendatory Act of
20 1997, or as soon thereafter as he or she is appointed and
21 qualified. The Inspector General shall investigate reports of
22 suspected abuse or neglect (as those terms are defined in
23 Section 3 of this Act) of patients or residents in any mental
24 health or developmental disabilities facility operated by the
25 Department of Human Services and shall have authority to
26 investigate and take immediate action on reports of abuse or
27 neglect of recipients, whether patients or residents, in any
28 mental health or developmental disabilities facility or
29 program that is licensed or certified by the Department of
30 Human Services (as successor to the Department of Mental
31 Health and Developmental Disabilities) or that is funded by
32 the Department of Human Services (as successor to the
33 Department of Mental Health and Developmental Disabilities)
34 and is not licensed or certified by any agency of the State.
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1 At the specific, written request of an agency of the State
2 other than the Department of Human Services (as successor to
3 the Department of Mental Health and Developmental
4 Disabilities), the Inspector General may cooperate in
5 investigating reports of abuse and neglect of persons with
6 mental illness or persons with developmental disabilities.
7 The Inspector General shall have no supervision over or
8 involvement in routine, programmatic, licensure, or
9 certification operations of the Department of Human Services
10 or any of its funded agencies.
11 The Inspector General shall promulgate rules establishing
12 minimum requirements for initiating, conducting, and
13 completing investigations. The promulgated rules shall
14 clearly set forth that in instances where 2 or more State
15 agencies could investigate an allegation of abuse or neglect,
16 the Inspector General shall not conduct an investigation that
17 is redundant to an investigation conducted by another State
18 agency. The rules shall establish criteria for determining,
19 based upon the nature of the allegation, the appropriate
20 method of investigation, which may include, but need not be
21 limited to, site visits, telephone contacts, or requests for
22 written responses from agencies. The rules shall also
23 clarify how the Office of the Inspector General shall
24 interact with the licensing unit of the Department of Human
25 Services in investigations of allegations of abuse or
26 neglect. Any allegations or investigations of reports made
27 pursuant to this Act shall remain confidential until a final
28 report is completed. Final reports regarding unsubstantiated
29 or unfounded allegations shall remain confidential, except
30 that final reports may be disclosed pursuant to Section 6 of
31 this Act.
32 The Inspector General shall be appointed for a term of 4
33 years.
34 (b) The Inspector General shall within 24 hours after
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1 receiving a report of suspected abuse or neglect determine
2 whether the evidence indicates that any possible criminal act
3 has been committed. If he or she determines that a possible
4 criminal act has been committed, or that special expertise is
5 required in the investigation, he or she shall immediately
6 notify the Department of State Police. The Department of
7 State Police shall investigate any report indicating a
8 possible murder, rape, or other felony. All investigations
9 conducted by the Inspector General shall be conducted in a
10 manner designed to ensure the preservation of evidence for
11 possible use in a criminal prosecution.
12 (c) The Inspector General shall, within 10 calendar days
13 after the transmittal date of a completed investigation where
14 abuse or neglect is substantiated or administrative action is
15 recommended, provide a complete report on the case to the
16 Commission, to the Secretary of Human Services, and to the
17 agency in which the abuse or neglect is alleged to have
18 happened. There shall be an appeals process for any person
19 or agency that is subject to any action based on a
20 recommendation or recommendations.
21 (d) The Inspector General may recommend to the
22 Departments of Public Health and Human Services sanctions to
23 be imposed against mental health and developmental
24 disabilities facilities under the jurisdiction of the
25 Department of Human Services for the protection of residents,
26 including appointment of on-site monitors or receivers,
27 transfer or relocation of residents, and closure of units.
28 The Inspector General may seek the assistance of the Attorney
29 General or any of the several State's attorneys in imposing
30 such sanctions.
31 (e) The Inspector General shall establish and conduct
32 periodic training programs for Department employees
33 concerning the prevention and reporting of neglect and abuse.
34 (f) The Inspector General shall at all times be granted
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1 access to any mental health or developmental disabilities
2 facility operated by the Department, shall establish and
3 conduct unannounced site visits to those facilities at least
4 once annually, and shall be granted access, for the purpose
5 of investigating a report of abuse or neglect, to any
6 facility or program funded by the Department that is subject
7 under the provisions of this Section to investigation by the
8 Inspector General for a report of abuse or neglect.
9 (g) Nothing in this Section shall limit investigations
10 by the Department of Human Services that may otherwise be
11 required by law or that may be necessary in that Department's
12 capacity as the central administrative authority responsible
13 for the operation of State mental health and developmental
14 disability facilities.
15 (h) This Section is repealed on January 1, 2000.
16 (Source: P.A. 89-427, eff. 12-7-95; 89-507, eff. 7-1-97.)
17 (210 ILCS 30/6.3) (from Ch. 111 1/2, par. 4166.3)
18 (Section scheduled to be repealed on January 1, 2000)
19 (Text of Section before amendment by P.A. 89-507)
20 Sec. 6.3. Quality Care Board. There is created, within
21 the Department of Mental Health and Developmental
22 Disabilities' office of the Inspector General, a Quality Care
23 Board to be composed of 7 members appointed by the Governor
24 with the advice and consent of the Senate who shall serve
25 until their successors have been appointed and qualified
26 under this amendatory Act of 1997. The Legislative Audit
27 Commission shall appoint 7 members to the Quality Care Board
28 who shall begin serving on the effective date of this
29 amendatory Act of 1997, or as soon thereafter as all members
30 have been appointed and qualified. One of the members shall
31 be designated as chairman by the Legislative Audit Commission
32 Governor. Of the initial appointments made by the
33 Legislative Audit Commission Governor, 4 Board members shall
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1 each be appointed for a term of 4 years and 3 members shall
2 each be appointed for a term of 2 years. Upon the expiration
3 of each member's term, a successor shall be appointed for a
4 term of 4 years. In the case of a vacancy in the office of
5 any member, the Legislative Audit Commission Governor shall
6 appoint a successor for the remainder of the unexpired term.
7 Members appointed by the Legislative Audit Commission
8 Governor shall be qualified by professional knowledge or
9 experience in the area of law, investigatory techniques, or
10 in the area of care of the mentally ill or developmentally
11 disabled. Two members appointed by the Legislative Audit
12 Commission Governor shall be persons with a disability or a
13 parent of a person with a disability. Members shall serve
14 without compensation, but shall be reimbursed for expenses
15 incurred in connection with the performance of their duties
16 as members.
17 The Board shall meet quarterly, and may hold other
18 meetings on the call of the chairman. Four members shall
19 constitute a quorum. The Board may adopt rules and
20 regulations it deems necessary to govern its own procedures.
21 This Section is repealed on January 1, 2000.
22 (Source: P.A. 89-427, eff. 12-7-95.)
23 (Text of Section after amendment by P.A. 89-507)
24 Sec. 6.3. Quality Care Board. There is created, within
25 the Department of Human Services' Office of the Inspector
26 General, a Quality Care Board to be composed of 7 members
27 appointed by the Governor with the advice and consent of the
28 Senate who shall serve until their successors have been
29 appointed and qualified under this amendatory Act of 1997.
30 The Legislative Audit Commission shall appoint 7 members to
31 the Quality Care Board who shall begin serving on the
32 effective date of this amendatory Act of 1997, or as soon
33 thereafter as all members have been appointed and qualified.
34 One of the members shall be designated as chairman by the
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1 Legislative Audit Commission Governor. Of the initial
2 appointments made by the Legislative Audit Commission
3 Governor, 4 Board members shall each be appointed for a term
4 of 4 years and 3 members shall each be appointed for a term
5 of 2 years. Upon the expiration of each member's term, a
6 successor shall be appointed for a term of 4 years. In the
7 case of a vacancy in the office of any member, the
8 Legislative Audit Commission Governor shall appoint a
9 successor for the remainder of the unexpired term.
10 Members appointed by the Legislative Audit Commission
11 Governor shall be qualified by professional knowledge or
12 experience in the area of law, investigatory techniques, or
13 in the area of care of the mentally ill or developmentally
14 disabled. Two members appointed by the Legislative Audit
15 Commission Governor shall be persons with a disability or a
16 parent of a person with a disability. Members shall serve
17 without compensation, but shall be reimbursed for expenses
18 incurred in connection with the performance of their duties
19 as members.
20 The Board shall meet quarterly, and may hold other
21 meetings on the call of the chairman. Four members shall
22 constitute a quorum. The Board may adopt rules and
23 regulations it deems necessary to govern its own procedures.
24 This Section is repealed on January 1, 2000.
25 (Source: P.A. 89-427, eff. 12-7-95; 89-507, eff. 7-1-97.)
26 (210 ILCS 30/6.4) (from Ch. 111 1/2, par. 4166.4)
27 (This Section is scheduled to be repealed January 1,
28 2000.)
29 Sec. 6.4. Scope and function of the Quality Care Board.
30 The Board shall monitor and oversee the operations, policies,
31 and procedures of the Inspector General to assure the prompt
32 and thorough investigation of allegations of neglect and
33 abuse. In fulfilling these responsibilities, the Board may
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1 do the following:
2 (1) Provide independent, expert consultation to the
3 Inspector General on policies and protocols for
4 investigations of alleged neglect and abuse.
5 (2) Review existing rules regulations relating to
6 the operation of facilities under the control of the
7 Department.
8 (3) Advise the Inspector General as to the content
9 of training activities authorized under Section 6.2.
10 (4) Recommend policies concerning methods for
11 improving the intergovernmental relationships between the
12 office of the Inspector General and other State or
13 federal agencies.
14 This Section is repealed on January 1, 2000.
15 (Source: P.A. 89-427, eff. 12-7-95.)
16 (210 ILCS 30/6.5) (from Ch. 111 1/2, par. 4166.5)
17 (Section scheduled to be repealed on January 1, 2000)
18 (Text of Section before amendment by P.A. 89-507)
19 Sec. 6.5. Investigators. Within 60 days after the
20 effective date of this amendatory Act of 1992, The Inspector
21 General shall establish a comprehensive program to ensure
22 that every person employed or newly hired to conduct
23 investigations shall receive training on an on-going basis
24 concerning investigative techniques, communication skills,
25 and the appropriate means of contact with persons admitted or
26 committed to the facilities under the jurisdiction of the
27 Department of Mental Health and Developmental Disabilities.
28 This Section is repealed on January 1, 2000.
29 (Source: P.A. 89-427, eff. 12-7-95.)
30 (Text of Section after amendment by P.A. 89-507)
31 Sec. 6.5. Investigators. Within 60 days after the
32 effective date of this amendatory Act of 1992, The Inspector
33 General shall establish a comprehensive program to ensure
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1 that every person employed or newly hired to conduct
2 investigations shall receive training on an on-going basis
3 concerning investigative techniques, communication skills,
4 and the appropriate means of contact with persons admitted or
5 committed to the mental health or developmental disabilities
6 facilities under the jurisdiction of the Department of Human
7 Services.
8 This Section is repealed on January 1, 2000.
9 (Source: P.A. 89-427, eff. 12-7-95; 89-507, eff. 7-1-97.)
10 (210 ILCS 30/6.6) (from Ch. 111 1/2, par. 4166.6)
11 (This Section is scheduled to be repealed January 1,
12 2000.)
13 Sec. 6.6. Subpoenas; testimony; penalty. The Inspector
14 General shall have the power to subpoena witnesses and compel
15 the production of books and papers pertinent to an
16 investigation authorized by this Act, provided that the power
17 to subpoena or to compel the production of books and papers
18 shall not extend to the person or documents of a labor
19 organization or its representatives insofar as the person or
20 documents of a labor organization relate to the function of
21 representing an employee subject to investigation under this
22 Act. Mental health records of patients shall be confidential
23 as provided under the Mental Health and Developmental
24 Disabilities Confidentiality Act. Any person who fails to
25 appear in response to a subpoena or to answer any question or
26 produce any books or papers pertinent to an investigation
27 under this Act, except as otherwise provided in this Section,
28 or who knowingly gives false testimony in relation to an
29 investigation under this Act is guilty of a Class A
30 misdemeanor.
31 This Section is repealed on January 1, 2000.
32 (Source: P.A. 89-427, eff. 12-7-95.)
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1 (210 ILCS 30/6.7) (from Ch. 111 1/2, par. 4166.7)
2 (This Section is scheduled to be repealed January 1,
3 2000.)
4 Sec. 6.7. Annual report. The Inspector General shall
5 provide to the Legislative Audit Commission, the General
6 Assembly, and the Governor, no later than January 1 of each
7 year, a summary of reports and investigations made under this
8 Act for the prior fiscal year with respect to residents of
9 institutions under the jurisdiction of the Department. The
10 report shall detail the imposition of sanctions and the final
11 disposition of those recommendations. The summaries shall
12 not contain any confidential or identifying information
13 concerning the subjects of the reports and investigations.
14 The report shall also include a trend analysis of the number
15 of reported allegations and their disposition, for each
16 facility and Department-wide, for the most recent 3-year time
17 period and a statement, for each facility, of the
18 staffing-to-patient ratios. The ratios shall include only
19 the number of direct care staff. The report shall also
20 include detailed recommended administrative actions and
21 matters for consideration by the General Assembly.
22 This Section is repealed on July 1, 2000.
23 (Source: P.A. 89-427, eff. 12-7-95.)
24 (210 ILCS 30/6.8) (from Ch. 111 1/2, par. 4166.8)
25 (Section scheduled to be repealed on January 1, 2000)
26 (Text of Section before amendment by P.A. 89-507)
27 Sec. 6.8. Program audit. The Auditor General shall
28 conduct a biennial program audit of the office of the
29 Inspector General in relation to the Inspector General's
30 compliance with this Act. The audit shall specifically
31 include the Inspector General's effectiveness in
32 investigating reports of alleged neglect or abuse of
33 residents in any facility operated by the Department and in
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1 making recommendations for sanctions to the Departments of
2 Mental Health and Developmental Disabilities and Public
3 Health. The Auditor General shall conduct the program audit
4 according to the provisions of the Illinois State Auditing
5 Act and shall report its findings to the General Assembly no
6 later than January 1 of each odd-numbered year.
7 This Section is repealed on January 1, 2000.
8 (Source: P.A. 89-427, eff. 12-7-95.)
9 (Text of Section after amendment by P.A. 89-507)
10 Sec. 6.8. Program audit. The Auditor General shall
11 conduct a biennial program audit of the office of the
12 Inspector General in relation to the Inspector General's
13 compliance with this Act. The audit shall specifically
14 include the Inspector General's effectiveness in
15 investigating reports of alleged neglect or abuse of
16 residents in any facility operated by the Department and in
17 making recommendations for sanctions to the Departments of
18 Human Services and Public Health. The Auditor General shall
19 conduct the program audit according to the provisions of the
20 Illinois State Auditing Act and shall report its findings to
21 the General Assembly no later than January 1 of each
22 odd-numbered year.
23 This Section is repealed on January 1, 2000.
24 (Source: P.A. 89-427, eff. 12-7-95; 89-507, eff. 7-1-97.)
25 Section 95. No acceleration or delay. Where this Act
26 makes changes in a statute that is represented in this Act by
27 text that is not yet or no longer in effect (for example, a
28 Section represented by multiple versions), the use of that
29 text does not accelerate or delay the taking effect of (i)
30 the changes made by this Act or (ii) provisions derived from
31 any other Public Act.
32 Section 99. Effective date. This Act takes effect
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1 January 1, 1998.".