Sen. Jil Tracy

Filed: 5/17/2023

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2858

2    AMENDMENT NO. ______. Amend House Bill 2858, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Illinois Act on the Aging is amended by
6changing Section 4.04 as follows:
 
7    (20 ILCS 105/4.04)  (from Ch. 23, par. 6104.04)
8    Sec. 4.04. Long Term Care Ombudsman Program. The purpose
9of the Long Term Care Ombudsman Program is to ensure that older
10persons and persons with disabilities receive quality
11services. This is accomplished by providing advocacy services
12for residents of long term care facilities and participants
13receiving home care and community-based care. Managed care is
14increasingly becoming the vehicle for delivering health and
15long-term services and supports to seniors and persons with
16disabilities, including dual eligible participants. The

 

 

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1additional ombudsman authority will allow advocacy services to
2be provided to Illinois participants for the first time and
3will produce a cost savings for the State of Illinois by
4supporting the rebalancing efforts of the Patient Protection
5and Affordable Care Act.
6    (a) Long Term Care Ombudsman Program. The Department shall
7establish a Long Term Care Ombudsman Program, through the
8Office of State Long Term Care Ombudsman ("the Office"), in
9accordance with the provisions of the Older Americans Act of
101965, as now or hereafter amended. The Long Term Care
11Ombudsman Program is authorized, subject to sufficient
12appropriations, to advocate on behalf of older persons and
13persons with disabilities residing in their own homes or
14community-based settings, relating to matters which may
15adversely affect the health, safety, welfare, or rights of
16such individuals.
17    (b) Definitions. As used in this Section, unless the
18context requires otherwise:
19        (1) "Access" means the right to:
20            (i) Enter any long term care facility or assisted
21        living or shared housing establishment or supportive
22        living facility;
23            (ii) Communicate privately and without restriction
24        with any resident, regardless of age, who consents to
25        the communication;
26            (iii) Seek consent to communicate privately and

 

 

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1        without restriction with any participant or resident,
2        regardless of age;
3            (iv) Inspect and copy the clinical and other
4        records of a participant or resident, regardless of
5        age, with the express written consent of the
6        participant or resident;
7            (v) Observe all areas of the long term care
8        facility or supportive living facilities, assisted
9        living or shared housing establishment except the
10        living area of any resident who protests the
11        observation; and
12            (vi) Subject to permission of the participant or
13        resident requesting services or his or her
14        representative, enter a home or community-based
15        setting.
16        (2) "Long Term Care Facility" means (i) any facility
17    as defined by Section 1-113 of the Nursing Home Care Act,
18    as now or hereafter amended; (ii) any skilled nursing
19    facility or a nursing facility which meets the
20    requirements of Section 1819(a), (b), (c), and (d) or
21    Section 1919(a), (b), (c), and (d) of the Social Security
22    Act, as now or hereafter amended (42 U.S.C. 1395i-3(a),
23    (b), (c), and (d) and 42 U.S.C. 1396r(a), (b), (c), and
24    (d)); (iii) any facility as defined by Section 1-113 of
25    the ID/DD Community Care Act, as now or hereafter amended;
26    (iv) any facility as defined by Section 1-113 of MC/DD

 

 

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1    Act, as now or hereafter amended; and (v) any facility
2    licensed under Section 4-105 or 4-201 of the Specialized
3    Mental Health Rehabilitation Act of 2013, as now or
4    hereafter amended.
5        (2.5) "Assisted living establishment" and "shared
6    housing establishment" have the meanings given those terms
7    in Section 10 of the Assisted Living and Shared Housing
8    Act.
9        (2.7) "Supportive living facility" means a facility
10    established under Section 5-5.01a of the Illinois Public
11    Aid Code.
12        (2.8) "Community-based setting" means any place of
13    abode other than an individual's private home.
14        (3) "State Long Term Care Ombudsman" means any person
15    employed by the Department to fulfill the requirements of
16    the Office of State Long Term Care Ombudsman as required
17    under the Older Americans Act of 1965, as now or hereafter
18    amended, and Departmental policy.
19        (3.1) "Ombudsman" means any designated representative
20    of the State Long Term Care Ombudsman Program; provided
21    that the representative, whether he is paid for or
22    volunteers his ombudsman services, shall be qualified and
23    designated by the Office to perform the duties of an
24    ombudsman as specified by the Department in rules and in
25    accordance with the provisions of the Older Americans Act
26    of 1965, as now or hereafter amended.

 

 

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1        (4) "Participant" means an older person aged 60 or
2    over or an adult with a disability aged 18 through 59 who
3    is eligible for services under any of the following:
4            (i) A medical assistance waiver administered by
5        the State.
6            (ii) A managed care organization providing care
7        coordination and other services to seniors and persons
8        with disabilities.
9        (5) "Resident" means an older person aged 60 or over
10    or an adult with a disability aged 18 through 59 who
11    resides in a long-term care facility.
12    (c) Ombudsman; rules. The Office of State Long Term Care
13Ombudsman shall be composed of at least one full-time
14ombudsman and shall include a system of designated regional
15long term care ombudsman programs. Each regional program shall
16be designated by the State Long Term Care Ombudsman as a
17subdivision of the Office and any representative of a regional
18program shall be treated as a representative of the Office.
19    The Department, in consultation with the Office, shall
20promulgate administrative rules in accordance with the
21provisions of the Older Americans Act of 1965, as now or
22hereafter amended, to establish the responsibilities of the
23Department and the Office of State Long Term Care Ombudsman
24and the designated regional Ombudsman programs. The
25administrative rules shall include the responsibility of the
26Office and designated regional programs to investigate and

 

 

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1resolve complaints made by or on behalf of residents of long
2term care facilities, supportive living facilities, and
3assisted living and shared housing establishments, and
4participants residing in their own homes or community-based
5settings, including the option to serve residents and
6participants under the age of 60, relating to actions,
7inaction, or decisions of providers, or their representatives,
8of such facilities and establishments, of public agencies, or
9of social services agencies, which may adversely affect the
10health, safety, welfare, or rights of such residents and
11participants. The Office and designated regional programs may
12represent all residents and participants, but are not required
13by this Act to represent persons under 60 years of age, except
14to the extent required by federal law. When necessary and
15appropriate, representatives of the Office shall refer
16complaints to the appropriate regulatory State agency. The
17Department, in consultation with the Office, shall cooperate
18with the Department of Human Services and other State agencies
19in providing information and training to designated regional
20long term care ombudsman programs about the appropriate
21assessment and treatment (including information about
22appropriate supportive services, treatment options, and
23assessment of rehabilitation potential) of the participants
24they serve.
25    The State Long Term Care Ombudsman and all other
26ombudsmen, as defined in paragraph (3.1) of subsection (b)

 

 

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1must submit to background checks under the Health Care Worker
2Background Check Act and receive training, as prescribed by
3the Illinois Department on Aging, before visiting facilities,
4private homes, or community-based settings. The training must
5include information specific to assisted living
6establishments, supportive living facilities, shared housing
7establishments, private homes, and community-based settings
8and to the rights of residents and participants guaranteed
9under the corresponding Acts and administrative rules.
10    (c-5) Consumer Choice Information Reports. The Office
11shall:
12        (1) In collaboration with the Attorney General, create
13    a Consumer Choice Information Report form to be completed
14    by all licensed long term care facilities to aid
15    Illinoisans and their families in making informed choices
16    about long term care. The Office shall create a Consumer
17    Choice Information Report for each type of licensed long
18    term care facility. The Office shall collaborate with the
19    Attorney General and the Department of Human Services to
20    create a Consumer Choice Information Report form for
21    facilities licensed under the ID/DD Community Care Act or
22    the MC/DD Act.
23        (2) Develop a database of Consumer Choice Information
24    Reports completed by licensed long term care facilities
25    that includes information in the following consumer
26    categories:

 

 

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1            (A) Medical Care, Services, and Treatment.
2            (B) Special Services and Amenities.
3            (C) Staffing.
4            (D) Facility Statistics and Resident Demographics.
5            (E) Ownership and Administration.
6            (F) Safety and Security.
7            (G) Meals and Nutrition.
8            (H) Rooms, Furnishings, and Equipment.
9            (I) Family, Volunteer, and Visitation Provisions.
10        (3) Make this information accessible to the public,
11    including on the Internet by means of a hyperlink on the
12    Office's World Wide Web home page. Information about
13    facilities licensed under the ID/DD Community Care Act or
14    the MC/DD Act shall be made accessible to the public by the
15    Department of Human Services, including on the Internet by
16    means of a hyperlink on the Department of Human Services'
17    "For Customers" website.
18        (4) Have the authority, with the Attorney General, to
19    verify that information provided by a facility is
20    accurate.
21        (5) Request a new report from any licensed facility
22    whenever it deems necessary.
23        (6) Include in the Office's Consumer Choice
24    Information Report for each type of licensed long term
25    care facility additional information on each licensed long
26    term care facility in the State of Illinois, including

 

 

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1    information regarding each facility's compliance with the
2    relevant State and federal statutes, rules, and standards;
3    customer satisfaction surveys; and information generated
4    from quality measures developed by the Centers for
5    Medicare and Medicaid Services.
6    (d) Access and visitation rights.
7        (1) In accordance with subparagraphs (A) and (E) of
8    paragraph (3) of subsection (c) of Section 1819 and
9    subparagraphs (A) and (E) of paragraph (3) of subsection
10    (c) of Section 1919 of the Social Security Act, as now or
11    hereafter amended (42 U.S.C. 1395i-3 (c)(3)(A) and (E) and
12    42 U.S.C. 1396r (c)(3)(A) and (E)), and Section 712 of the
13    Older Americans Act of 1965, as now or hereafter amended
14    (42 U.S.C. 3058f), a long term care facility, supportive
15    living facility, assisted living establishment, and shared
16    housing establishment must:
17            (i) permit immediate access to any resident,
18        regardless of age, by a designated ombudsman;
19            (ii) permit representatives of the Office, with
20        the permission of the resident, the resident's legal
21        representative, or the resident's legal guardian, to
22        examine and copy a resident's clinical and other
23        records, regardless of the age of the resident, and if
24        a resident is unable to consent to such review, and has
25        no legal guardian, permit representatives of the
26        Office appropriate access, as defined by the

 

 

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1        Department, in consultation with the Office, in
2        administrative rules, to the resident's records; and
3            (iii) permit a representative of the Program to
4        communicate privately and without restriction with any
5        participant who consents to the communication
6        regardless of the consent of, or withholding of
7        consent by, a legal guardian or an agent named in a
8        power of attorney executed by the participant.
9        (2) Each long term care facility, supportive living
10    facility, assisted living establishment, and shared
11    housing establishment shall display, in multiple,
12    conspicuous public places within the facility accessible
13    to both visitors and residents and in an easily readable
14    format, the address and phone number of the Office of the
15    Long Term Care Ombudsman, in a manner prescribed by the
16    Office.
17    (e) Immunity. An ombudsman or any representative of the
18Office participating in the good faith performance of his or
19her official duties shall have immunity from any liability
20(civil, criminal or otherwise) in any proceedings (civil,
21criminal or otherwise) brought as a consequence of the
22performance of his official duties.
23    (f) Business offenses.
24        (1) No person shall:
25            (i) Intentionally prevent, interfere with, or
26        attempt to impede in any way any representative of the

 

 

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1        Office in the performance of his official duties under
2        this Act and the Older Americans Act of 1965; or
3            (ii) Intentionally retaliate, discriminate
4        against, or effect reprisals against any long term
5        care facility resident or employee for contacting or
6        providing information to any representative of the
7        Office.
8        (2) A violation of this Section is a business offense,
9    punishable by a fine not to exceed $501.
10        (3) The State Long Term Care Ombudsman shall notify
11    the State's Attorney of the county in which the long term
12    care facility, supportive living facility, or assisted
13    living or shared housing establishment is located, or the
14    Attorney General, of any violations of this Section.
15    (g) Confidentiality of records and identities. The
16Department shall establish procedures for the disclosure by
17the State Ombudsman or the regional ombudsmen entities of
18files maintained by the program. The procedures shall provide
19that the files and records may be disclosed only at the
20discretion of the State Long Term Care Ombudsman or the person
21designated by the State Ombudsman to disclose the files and
22records, and the procedures shall prohibit the disclosure of
23the identity of any complainant, resident, participant,
24witness, or employee of a long term care provider unless:
25        (1) the complainant, resident, participant, witness,
26    or employee of a long term care provider or his or her

 

 

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1    legal representative consents to the disclosure and the
2    consent is in writing;
3        (2) the complainant, resident, participant, witness,
4    or employee of a long term care provider gives consent
5    orally; and the consent is documented contemporaneously in
6    writing in accordance with such requirements as the
7    Department shall establish; or
8        (3) the disclosure is required by court order.
9    (h) Legal representation. The Attorney General shall
10provide legal representation to any representative of the
11Office against whom suit or other legal action is brought in
12connection with the performance of the representative's
13official duties, in accordance with the State Employee
14Indemnification Act.
15    (i) Treatment by prayer and spiritual means. Nothing in
16this Act shall be construed to authorize or require the
17medical supervision, regulation or control of remedial care or
18treatment of any resident in a long term care facility
19operated exclusively by and for members or adherents of any
20church or religious denomination the tenets and practices of
21which include reliance solely upon spiritual means through
22prayer for healing.
23    (j) The Long Term Care Ombudsman Fund is created as a
24special fund in the State treasury to receive moneys for the
25express purposes of this Section. All interest earned on
26moneys in the fund shall be credited to the fund. Moneys

 

 

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1contained in the fund shall be used to support the purposes of
2this Section.
3    (k) Each Regional Ombudsman may, in accordance with rules
4promulgated by the Office, establish a multi-disciplinary team
5to act in an advisory role for the purpose of providing
6professional knowledge and expertise in handling complex
7abuse, neglect, and advocacy issues involving participants.
8Each multi-disciplinary team may consist of one or more
9volunteer representatives from any combination of at least 7
10members from the following professions: banking or finance;
11disability care; health care; pharmacology; law; law
12enforcement; emergency responder; mental health care; clergy;
13coroner or medical examiner; substance abuse; domestic
14violence; sexual assault; or other related fields. To support
15multi-disciplinary teams in this role, law enforcement
16agencies and coroners or medical examiners shall supply
17records as may be requested in particular cases. The Regional
18Ombudsman, or his or her designee, of the area in which the
19multi-disciplinary team is created shall be the facilitator of
20the multi-disciplinary team.
21(Source: P.A. 102-1033, eff. 1-1-23.)
 
22    Section 10. The Adult Protective Services Act is amended
23by changing Sections 2, 4, 4.1, 4.2, 5, and 8 as follows:
 
24    (320 ILCS 20/2)  (from Ch. 23, par. 6602)

 

 

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1    Sec. 2. Definitions. As used in this Act, unless the
2context requires otherwise:
3    (a) "Abandonment" means the desertion or willful forsaking
4of an eligible adult by an individual responsible for the care
5and custody of that eligible adult under circumstances in
6which a reasonable person would continue to provide care and
7custody. Nothing in this Act shall be construed to mean that an
8eligible adult is a victim of abandonment because of health
9care services provided or not provided by licensed health care
10professionals.
11    (a-1) "Abuse" means causing any physical, mental or sexual
12injury to an eligible adult, including exploitation of such
13adult's financial resources, and abandonment.
14    Nothing in this Act shall be construed to mean that an
15eligible adult is a victim of abuse, abandonment, neglect, or
16self-neglect for the sole reason that he or she is being
17furnished with or relies upon treatment by spiritual means
18through prayer alone, in accordance with the tenets and
19practices of a recognized church or religious denomination.
20    Nothing in this Act shall be construed to mean that an
21eligible adult is a victim of abuse because of health care
22services provided or not provided by licensed health care
23professionals.
24    Nothing in this Act shall be construed to mean that an
25eligible adult is a victim of abuse in cases of criminal
26activity by strangers, telemarketing scams, consumer fraud,

 

 

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1internet fraud, home repair disputes, complaints against a
2homeowners' association, or complaints between landlords and
3tenants.
4    (a-5) "Abuser" means a person who is a family member,
5caregiver, or another person who has a continuing relationship
6with the eligible adult and abuses, abandons, neglects, or
7financially exploits an eligible adult.
8    (a-6) "Adult with disabilities" means a person aged 18
9through 59 who resides in a domestic living situation and
10whose disability as defined in subsection (c-5) impairs his or
11her ability to seek or obtain protection from abuse,
12abandonment, neglect, or exploitation.
13    (a-7) "Caregiver" means a person who either as a result of
14a family relationship, voluntarily, or in exchange for
15compensation has assumed responsibility for all or a portion
16of the care of an eligible adult who needs assistance with
17activities of daily living or instrumental activities of daily
18living.
19    (b) "Department" means the Department on Aging of the
20State of Illinois.
21    (c) "Director" means the Director of the Department.
22    (c-5) "Disability" means a physical or mental disability,
23including, but not limited to, a developmental disability, an
24intellectual disability, a mental illness as defined under the
25Mental Health and Developmental Disabilities Code, or dementia
26as defined under the Alzheimer's Disease Assistance Act.

 

 

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1    (d) "Domestic living situation" means a residence where
2the eligible adult at the time of the report lives alone or
3with his or her family or a caregiver, or others, or other
4community-based unlicensed facility, but is not:
5        (1) A licensed facility as defined in Section 1-113 of
6    the Nursing Home Care Act;
7        (1.5) A facility licensed under the ID/DD Community
8    Care Act;
9        (1.6) A facility licensed under the MC/DD Act;
10        (1.7) A facility licensed under the Specialized Mental
11    Health Rehabilitation Act of 2013;
12        (2) A "life care facility" as defined in the Life Care
13    Facilities Act;
14        (3) A home, institution, or other place operated by
15    the federal government or agency thereof or by the State
16    of Illinois;
17        (4) A hospital, sanitarium, or other institution, the
18    principal activity or business of which is the diagnosis,
19    care, and treatment of human illness through the
20    maintenance and operation of organized facilities
21    therefor, which is required to be licensed under the
22    Hospital Licensing Act;
23        (5) A "community living facility" as defined in the
24    Community Living Facilities Licensing Act;
25        (6) (Blank);
26        (7) A "community-integrated living arrangement" as

 

 

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1    defined in the Community-Integrated Living Arrangements
2    Licensure and Certification Act or a "community
3    residential alternative" as licensed under that Act;
4        (8) An assisted living or shared housing establishment
5    as defined in the Assisted Living and Shared Housing Act;
6    or
7        (9) A supportive living facility as described in
8    Section 5-5.01a of the Illinois Public Aid Code.
9    (e) "Eligible adult" means either an adult with
10disabilities aged 18 through 59 or a person aged 60 or older
11who resides in a domestic living situation and is, or is
12alleged to be, abused, abandoned, neglected, or financially
13exploited by another individual or who neglects himself or
14herself. "Eligible adult" also includes an adult who resides
15in any of the facilities that are excluded from the definition
16of "domestic living situation" under paragraphs (1) through
17(9) of subsection (d), if either: (i) the alleged abuse,
18abandonment, or neglect occurs outside of the facility and not
19under facility supervision and the alleged abuser is a family
20member, caregiver, or another person who has a continuing
21relationship with the adult; or (ii) the alleged financial
22exploitation is perpetrated by a family member, caregiver, or
23another person who has a continuing relationship with the
24adult, but who is not an employee of the facility where the
25adult resides.
26    (f) "Emergency" means a situation in which an eligible

 

 

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1adult is living in conditions presenting a risk of death or
2physical, mental or sexual injury and the provider agency has
3reason to believe the eligible adult is unable to consent to
4services which would alleviate that risk.
5    (f-1) "Financial exploitation" means the use of an
6eligible adult's resources by another to the disadvantage of
7that adult or the profit or advantage of a person other than
8that adult.
9    (f-3) "Investment advisor" means any person required to
10register as an investment adviser or investment adviser
11representative under Section 8 of the Illinois Securities Law
12of 1953, which for purposes of this Act excludes any bank,
13trust company, savings bank, or credit union, or their
14respective employees.
15    (f-5) "Mandated reporter" means any of the following
16persons while engaged in carrying out their professional
17duties:
18        (1) a professional or professional's delegate while
19    engaged in: (i) social services, (ii) law enforcement,
20    (iii) education, (iv) the care of an eligible adult or
21    eligible adults, or (v) any of the occupations required to
22    be licensed under the Behavior Analyst Licensing Act, the
23    Clinical Psychologist Licensing Act, the Clinical Social
24    Work and Social Work Practice Act, the Illinois Dental
25    Practice Act, the Dietitian Nutritionist Practice Act, the
26    Marriage and Family Therapy Licensing Act, the Medical

 

 

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1    Practice Act of 1987, the Naprapathic Practice Act, the
2    Nurse Practice Act, the Nursing Home Administrators
3    Licensing and Disciplinary Act, the Illinois Occupational
4    Therapy Practice Act, the Illinois Optometric Practice Act
5    of 1987, the Pharmacy Practice Act, the Illinois Physical
6    Therapy Act, the Physician Assistant Practice Act of 1987,
7    the Podiatric Medical Practice Act of 1987, the
8    Respiratory Care Practice Act, the Professional Counselor
9    and Clinical Professional Counselor Licensing and Practice
10    Act, the Illinois Speech-Language Pathology and Audiology
11    Practice Act, the Veterinary Medicine and Surgery Practice
12    Act of 2004, and the Illinois Public Accounting Act;
13        (1.5) an employee of an entity providing developmental
14    disabilities services or service coordination funded by
15    the Department of Human Services;
16        (2) an employee of a vocational rehabilitation
17    facility prescribed or supervised by the Department of
18    Human Services;
19        (3) an administrator, employee, or person providing
20    services in or through an unlicensed community based
21    facility;
22        (4) any religious practitioner who provides treatment
23    by prayer or spiritual means alone in accordance with the
24    tenets and practices of a recognized church or religious
25    denomination, except as to information received in any
26    confession or sacred communication enjoined by the

 

 

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1    discipline of the religious denomination to be held
2    confidential;
3        (5) field personnel of the Department of Healthcare
4    and Family Services, Department of Public Health, and
5    Department of Human Services, and any county or municipal
6    health department;
7        (6) personnel of the Department of Human Services, the
8    Guardianship and Advocacy Commission, the State Fire
9    Marshal, local fire departments, the Department on Aging
10    and its subsidiary Area Agencies on Aging and provider
11    agencies, except the State Long Term Care Ombudsman and
12    any of his or her representatives or volunteers where
13    prohibited from making such a report pursuant to 45 CFR
14    1324.11(e)(3)(iv); and the Office of State Long Term Care
15    Ombudsman;
16        (7) any employee of the State of Illinois not
17    otherwise specified herein who is involved in providing
18    services to eligible adults, including professionals
19    providing medical or rehabilitation services and all other
20    persons having direct contact with eligible adults;
21        (8) a person who performs the duties of a coroner or
22    medical examiner; or
23        (9) a person who performs the duties of a paramedic or
24    an emergency medical technician; or .
25        (10) a person who performs the duties of an investment
26    advisor.

 

 

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

 

 

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

 

 

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1(Source: P.A. 102-244, eff. 1-1-22; 102-953, eff. 5-27-22.)
 
2    (320 ILCS 20/4)  (from Ch. 23, par. 6604)
3    Sec. 4. Reports of abuse, abandonment, or neglect.
4    (a) Any person who suspects the abuse, abandonment,
5neglect, financial exploitation, or self-neglect of an
6eligible adult may report this suspicion or information about
7the suspicious death of an eligible adult to an agency
8designated to receive such reports under this Act or to the
9Department.
10    (a-5) If any mandated reporter has reason to believe that
11an eligible adult, who because of a disability or other
12condition or impairment is unable to seek assistance for
13himself or herself, has, within the previous 12 months, been
14subjected to abuse, abandonment, neglect, or financial
15exploitation, the mandated reporter shall, within 24 hours
16after developing such belief, report this suspicion to an
17agency designated to receive such reports under this Act or to
18the Department. The agency designated to receive such reports
19under this Act or the Department may establish a manner in
20which a mandated reporter can make the required report through
21an Internet reporting tool. Information sent and received
22through the Internet reporting tool is subject to the same
23rules in this Act as other types of confidential reporting
24established by the designated agency or the Department.
25Whenever a mandated reporter is required to report under this

 

 

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1Act in his or her capacity as a member of the staff of a
2medical or other public or private institution, facility, or
3agency, he or she shall make a report to an agency designated
4to receive such reports under this Act or to the Department in
5accordance with the provisions of this Act and may also notify
6the person in charge of the institution, facility, or agency
7or his or her designated agent that the report has been made.
8Under no circumstances shall any person in charge of such
9institution, facility, or agency, or his or her designated
10agent to whom the notification has been made, exercise any
11control, restraint, modification, or other change in the
12report or the forwarding of the report to an agency designated
13to receive such reports under this Act or to the Department.
14The privileged quality of communication between any
15professional person required to report and his or her patient
16or client shall not apply to situations involving abused,
17abandoned, neglected, or financially exploited eligible adults
18and shall not constitute grounds for failure to report as
19required by this Act.
20    (a-6) If a mandated reporter has reason to believe that
21the death of an eligible adult may be the result of abuse or
22neglect, the matter shall be reported to an agency designated
23to receive such reports under this Act or to the Department for
24subsequent referral to the appropriate law enforcement agency
25and the coroner or medical examiner in accordance with
26subsection (c-5) of Section 3 of this Act.

 

 

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1    (a-7) A person making a report under this Act in the belief
2that it is in the alleged victim's best interest shall be
3immune from criminal or civil liability or professional
4disciplinary action on account of making the report,
5notwithstanding any requirements concerning the
6confidentiality of information with respect to such eligible
7adult which might otherwise be applicable.
8    (a-9) Law enforcement officers shall continue to report
9incidents of alleged abuse pursuant to the Illinois Domestic
10Violence Act of 1986, notwithstanding any requirements under
11this Act.
12    (b) Any person, institution or agency participating in the
13making of a report, providing information or records related
14to a report, assessment, or services, or participating in the
15investigation of a report under this Act in good faith, or
16taking photographs or x-rays as a result of an authorized
17assessment, shall have immunity from any civil, criminal or
18other liability in any civil, criminal or other proceeding
19brought in consequence of making such report or assessment or
20on account of submitting or otherwise disclosing such
21photographs or x-rays to any agency designated to receive
22reports of alleged or suspected abuse, abandonment, or
23neglect. Any person, institution or agency authorized by the
24Department to provide assessment, intervention, or
25administrative services under this Act shall, in the good
26faith performance of those services, have immunity from any

 

 

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1civil, criminal or other liability in any civil, criminal, or
2other proceeding brought as a consequence of the performance
3of those services. For the purposes of any civil, criminal, or
4other proceeding, the good faith of any person required to
5report, permitted to report, or participating in an
6investigation of a report of alleged or suspected abuse,
7abandonment, neglect, financial exploitation, or self-neglect
8shall be presumed.
9    (c) The identity of a person making a report of alleged or
10suspected abuse, abandonment, neglect, financial exploitation,
11or self-neglect or a report concerning information about the
12suspicious death of an eligible adult under this Act may be
13disclosed by the Department or other agency provided for in
14this Act only with such person's written consent or by court
15order, but is otherwise confidential.
16    (d) The Department shall by rule establish a system for
17filing and compiling reports made under this Act.
18    (e) Any physician who willfully fails to report as
19required by this Act shall be referred to the Illinois State
20Medical Disciplinary Board for action in accordance with
21subdivision (A)(22) of Section 22 of the Medical Practice Act
22of 1987. Any dentist or dental hygienist who willfully fails
23to report as required by this Act shall be referred to the
24Department of Professional Regulation for action in accordance
25with paragraph 19 of Section 23 of the Illinois Dental
26Practice Act. Any optometrist who willfully fails to report as

 

 

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1required by this Act shall be referred to the Department of
2Financial and Professional Regulation for action in accordance
3with paragraph (15) of subsection (a) of Section 24 of the
4Illinois Optometric Practice Act of 1987. Any other mandated
5reporter required by this Act to report suspected abuse,
6abandonment, neglect, or financial exploitation who willfully
7fails to report the same is guilty of a Class A misdemeanor.
8(Source: P.A. 102-244, eff. 1-1-22.)
 
9    (320 ILCS 20/4.1)
10    Sec. 4.1. Employer discrimination. No employer shall
11discharge, demote or suspend, or threaten to discharge, demote
12or suspend, or in any manner discriminate against any
13employee: (i) who makes any good faith oral or written report
14of suspected abuse, abandonment, neglect, or financial
15exploitation; (ii) who makes any good faith oral or written
16report concerning information about the suspicious death of an
17eligible adult; or (iii) who is or will be a witness or testify
18in any investigation or proceeding concerning a report of
19suspected abuse, abandonment, neglect, or financial
20exploitation.
21(Source: P.A. 102-244, eff. 1-1-22.)
 
22    (320 ILCS 20/4.2)
23    Sec. 4.2. Testimony by mandated reporter and investigator.
24Any mandated reporter who makes a report or any person who

 

 

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1investigates a report under this Act shall testify fully in
2any judicial proceeding resulting from such report, as to any
3evidence of abuse, abandonment, neglect, or financial
4exploitation or the cause thereof. Any mandated reporter who
5is required to report a suspected case of or a suspicious death
6due to abuse, abandonment, neglect, or financial exploitation
7under Section 4 of this Act shall testify fully in any
8administrative hearing resulting from such report, as to any
9evidence of abuse, abandonment, neglect, or financial
10exploitation or the cause thereof. No evidence shall be
11excluded by reason of any common law or statutory privilege
12relating to communications between the alleged abuser or the
13eligible adult subject of the report under this Act and the
14person making or investigating the report.
15(Source: P.A. 102-244, eff. 1-1-22.)
 
16    (320 ILCS 20/5)  (from Ch. 23, par. 6605)
17    Sec. 5. Procedure.
18    (a) A provider agency designated to receive reports of
19alleged or suspected abuse, abandonment, neglect, financial
20exploitation, or self-neglect under this Act shall, upon
21receiving such a report, conduct a face-to-face assessment
22with respect to such report, in accord with established law
23and Department protocols, procedures, and policies.
24Face-to-face assessments, casework, and follow-up of reports
25of self-neglect by the provider agencies designated to receive

 

 

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1reports of self-neglect shall be subject to sufficient
2appropriation for statewide implementation of assessments,
3casework, and follow-up of reports of self-neglect. In the
4absence of sufficient appropriation for statewide
5implementation of assessments, casework, and follow-up of
6reports of self-neglect, the designated adult protective
7services provider agency shall refer all reports of
8self-neglect to the appropriate agency or agencies as
9designated by the Department for any follow-up. The assessment
10shall include, but not be limited to, a visit to the residence
11of the eligible adult who is the subject of the report and
12shall include interviews or consultations regarding the
13allegations with service agencies, immediate family members,
14and individuals who may have knowledge of the eligible adult's
15circumstances based on the consent of the eligible adult in
16all instances, except where the provider agency is acting in
17the best interest of an eligible adult who is unable to seek
18assistance for himself or herself and where there are
19allegations against a caregiver who has assumed
20responsibilities in exchange for compensation. If, after the
21assessment, the provider agency determines that the case is
22substantiated it shall develop a service care plan for the
23eligible adult and may report its findings at any time during
24the case to the appropriate law enforcement agency in accord
25with established law and Department protocols, procedures, and
26policies. In developing a case plan, the provider agency may

 

 

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1consult with any other appropriate provider of services, and
2such providers shall be immune from civil or criminal
3liability on account of such acts. The plan shall include
4alternative suggested or recommended services which are
5appropriate to the needs of the eligible adult and which
6involve the least restriction of the eligible adult's
7activities commensurate with his or her needs. Only those
8services to which consent is provided in accordance with
9Section 9 of this Act shall be provided, contingent upon the
10availability of such services.
11    (b) A provider agency shall refer evidence of crimes
12against an eligible adult to the appropriate law enforcement
13agency according to Department policies. A referral to law
14enforcement may be made at intake, at or any time during the
15case, or after a report of a suspicious death, depending upon
16the circumstances. Where a provider agency has reason to
17believe the death of an eligible adult may be the result of
18abuse, abandonment, or neglect, the agency shall immediately
19report the matter to the coroner or medical examiner and shall
20cooperate fully with any subsequent investigation.
21    (c) If any person other than the alleged victim refuses to
22allow the provider agency to begin an investigation,
23interferes with the provider agency's ability to conduct an
24investigation, or refuses to give access to an eligible adult,
25the appropriate law enforcement agency must be consulted
26regarding the investigation.

 

 

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1(Source: P.A. 101-496, eff. 1-1-20; 102-244, eff. 1-1-22.)
 
2    (320 ILCS 20/8)  (from Ch. 23, par. 6608)
3    Sec. 8. Access to records. All records concerning reports
4of abuse, abandonment, neglect, financial exploitation, or
5self-neglect or reports of suspicious deaths due to abuse,
6neglect, or financial exploitation and all records generated
7as a result of such reports shall be confidential and shall not
8be disclosed except as specifically authorized by this Act or
9other applicable law. In accord with established law and
10Department protocols, procedures, and policies, access to such
11records, but not access to the identity of the person or
12persons making a report of alleged abuse, abandonment,
13neglect, financial exploitation, or self-neglect as contained
14in such records, shall be provided, upon request, to the
15following persons and for the following persons:
16        (1) Department staff, provider agency staff, other
17    aging network staff, and regional administrative agency
18    staff, including staff of the Chicago Department on Aging
19    while that agency is designated as a regional
20    administrative agency, in the furtherance of their
21    responsibilities under this Act;
22        (1.5) A representative of the public guardian acting
23    in the course of investigating the appropriateness of
24    guardianship for the eligible adult or while pursuing a
25    petition for guardianship of the eligible adult pursuant

 

 

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1    to the Probate Act of 1975;
2        (2) A law enforcement agency or State's Attorney's
3    office investigating known or suspected abuse,
4    abandonment, neglect, financial exploitation, or
5    self-neglect. Where a provider agency has reason to
6    believe that the death of an eligible adult may be the
7    result of abuse, abandonment, or neglect, including any
8    reports made after death, the agency shall immediately
9    provide the appropriate law enforcement agency with all
10    records pertaining to the eligible adult;
11        (2.5) A law enforcement agency, fire department
12    agency, or fire protection district having proper
13    jurisdiction pursuant to a written agreement between a
14    provider agency and the law enforcement agency, fire
15    department agency, or fire protection district under which
16    the provider agency may furnish to the law enforcement
17    agency, fire department agency, or fire protection
18    district a list of all eligible adults who may be at
19    imminent risk of abuse, abandonment, neglect, financial
20    exploitation, or self-neglect;
21        (3) A physician who has before him or her or who is
22    involved in the treatment of an eligible adult whom he or
23    she reasonably suspects may be abused, abandoned,
24    neglected, financially exploited, or self-neglected or who
25    has been referred to the Adult Protective Services
26    Program;

 

 

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1        (4) An eligible adult reported to be abused,
2    abandoned, neglected, financially exploited, or
3    self-neglected, or such adult's authorized guardian or
4    agent, unless such guardian or agent is the abuser or the
5    alleged abuser;
6        (4.5) An executor or administrator of the estate of an
7    eligible adult who is deceased;
8        (5) A probate court with jurisdiction over the
9    guardianship of an alleged victim for an in camera
10    inspection In cases regarding abuse, abandonment, neglect,
11    or financial exploitation, a court or a guardian ad litem,
12    upon its or his or her finding that access to such records
13    may be necessary for the determination of an issue before
14    the court. However, such access shall be limited to an in
15    camera inspection of the records, unless the court
16    determines that disclosure of the information contained
17    therein is necessary for the resolution of an issue then
18    pending before it;
19        (5.5) A In cases regarding self-neglect, a guardian ad
20    litem, unless such guardian ad litem is the abuser or
21    alleged abuser;
22        (6) A grand jury, upon its determination that access
23    to such records is necessary in the conduct of its
24    official business;
25        (7) Any person authorized by the Director, in writing,
26    for audit or bona fide research purposes;

 

 

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1        (8) A coroner or medical examiner who has reason to
2    believe that an eligible adult has died as the result of
3    abuse, abandonment, neglect, financial exploitation, or
4    self-neglect. The provider agency shall immediately
5    provide the coroner or medical examiner with all records
6    pertaining to the eligible adult;
7        (8.5) A coroner or medical examiner having proper
8    jurisdiction, pursuant to a written agreement between a
9    provider agency and the coroner or medical examiner, under
10    which the provider agency may furnish to the office of the
11    coroner or medical examiner a list of all eligible adults
12    who may be at imminent risk of death as a result of abuse,
13    abandonment, neglect, financial exploitation, or
14    self-neglect;
15        (9) Department of Financial and Professional
16    Regulation staff and members of the Illinois Medical
17    Disciplinary Board or the Social Work Examining and
18    Disciplinary Board in the course of investigating alleged
19    violations of the Clinical Social Work and Social Work
20    Practice Act by provider agency staff or other licensing
21    bodies at the discretion of the Director of the Department
22    on Aging;
23        (9-a) Department of Healthcare and Family Services
24    staff and provider agency staff when that Department is
25    funding services to the eligible adult, including access
26    to the identity of the eligible adult;

 

 

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1        (9-b) Department of Human Services staff and provider
2    agency staff when that Department is funding services to
3    the eligible adult or is providing reimbursement for
4    services provided by the abuser or alleged abuser,
5    including access to the identity of the eligible adult;
6        (10) Hearing officers in the course of conducting an
7    administrative hearing under this Act; parties to such
8    hearing shall be entitled to discovery as established by
9    rule;
10        (11) A caregiver who challenges placement on the
11    Registry shall be given the statement of allegations in
12    the abuse report and the substantiation decision in the
13    final investigative report; and
14        (12) The Illinois Guardianship and Advocacy Commission
15    and the agency designated by the Governor under Section 1
16    of the Protection and Advocacy for Persons with
17    Developmental Disabilities Act shall have access, through
18    the Department, to records, including the findings,
19    pertaining to a completed or closed investigation of a
20    report of suspected abuse, abandonment, neglect, financial
21    exploitation, or self-neglect of an eligible adult.
22(Source: P.A. 102-244, eff. 1-1-22.)
 
23    Section 99. Effective date. This Act takes effect January
241, 2024.".