093_HB0085

 
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 1        AN ACT concerning elder abuse.

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

 4        Section 5.  The Elder Abuse and Neglect Act is amended by
 5    changing Sections 3.5, 4, and 7 as follows:

 6        (320 ILCS 20/3.5)
 7        Sec.  3.5.  Other Responsibilities.  The Department shall
 8    also be responsible for the following activities,  contingent
 9    upon adequate funding:
10        (a)  promotion  of  a  wide  range  of  endeavors for the
11    purpose of preventing elder  abuse,  neglect,  and  financial
12    exploitation  in  both  domestic  and institutional settings,
13    including, but  not  limited  to,  promotion  of  public  and
14    professional  education to increase awareness of elder abuse,
15    neglect, and financial exploitation, to increase reports, and
16    to improve response by various legal, financial, social,  and
17    health systems;
18        (b)  coordination   of   efforts   with  other  agencies,
19    councils, and like entities, to include but  not  be  limited
20    to, the Office of the Attorney General, the State Police, the
21    Illinois  Law Enforcement Training Standards Board, the State
22    Triad,  the  Criminal  Justice  Information  Authority,   the
23    Departments of Public Health, Public Aid, and Human Services,
24    the   Family  Violence  Coordinating  Council,  the  Violence
25    Prevention Authority, and other  entities  which  may  impact
26    awareness  of,  and  response  to,  elder abuse, neglect, and
27    financial exploitation;
28        (c)  collection and analysis of data;
29        (d)  monitoring   of   the   performance   of    regional
30    administrative  agencies  and  elder abuse provider agencies;
31    and
 
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 1        (e)  promotion of prevention activities;.
 2        (f)  establishment  and  coordination  of  an  aggressive
 3    training program about the unique nature of elder abuse cases
 4    with other agencies, councils, and like  entities,  including
 5    but  not  limited  to the Office of the Attorney General, the
 6    State Police, the Illinois Law Enforcement Training Standards
 7    Board, the State  Triad,  the  Criminal  Justice  Information
 8    Authority,  the Departments of Public Health, Public Aid, and
 9    Human Services, the Family Violence Coordinating Council, the
10    Illinois Violence Prevention Authority,  and  other  entities
11    that  may  impact awareness of, and response to, elder abuse,
12    neglect, and financial exploitation;
13        (g)  coordination  of  efforts  with  banks   and   other
14    financial  institutions to educate elders about investing and
15    to warn them about financial exploitation  and  telemarketing
16    frauds,  including: (i) an ombudsman program and (ii) efforts
17    by banks and other  financial  institutions,  in  conjunction
18    with  the  Department  on  Aging,  to  send  with  customers'
19    statements flyers containing this information; and
20        (h)  coordination  of  efforts  with utility companies to
21    send notices in utility  bills  which  explain  elder  rights
22    regarding telemarketing home repair frauds.
23    (Source: P.A. 92-16, eff. 6-28-01.)

24        (320 ILCS 20/4) (from Ch. 23, par. 6604)
25        Sec. 4.  Reports of abuse or neglect.
26        (a)  Any  person  who  suspects  the  abuse,  neglect, or
27    financial exploitation of an eligible adult may  report  this
28    suspicion  to  an  agency  designated to receive such reports
29    under this Act or to the Department.
30        (a-5)  If any mandated reporter  has  reason  to  believe
31    that  an eligible adult, who because of dysfunction is unable
32    to seek assistance for himself or herself,  has,  within  the
33    previous  12  months,  been  subjected  to abuse, neglect, or
 
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 1    financial exploitation, the mandated reporter  shall,  within
 2    24  hours after developing such belief, report this suspicion
 3    to an agency designated to receive such  reports  under  this
 4    Act  or  to  the Department.  Whenever a mandated reporter is
 5    required to report under this Act in his or her capacity as a
 6    member of the staff of a medical or other public  or  private
 7    institution,  facility, board and care home, or agency, he or
 8    she shall make a report to an agency  designated  to  receive
 9    such   reports  under  this  Act  or  to  the  Department  in
10    accordance with the provisions  of  this  Act  and  may  also
11    notify  the  person  in  charge of the institution, facility,
12    board and care home, or agency or his or her designated agent
13    that the report has been made.  Under no circumstances  shall
14    any person in charge of such institution, facility, board and
15    care  home, or agency, or his or her designated agent to whom
16    the  notification  has  been  made,  exercise  any   control,
17    restraint, modification, or other change in the report or the
18    forwarding  of  the report to an agency designated to receive
19    such reports under  this  Act  or  to  the  Department.   The
20    privileged  quality of communication between any professional
21    person required to report and his or her  patient  or  client
22    shall not apply to situations involving abused, neglected, or
23    financially   exploited   eligible   adults   and  shall  not
24    constitute grounds for failure to report as required by  this
25    Act.
26        (a-7)  A  person  making  a  report under this Act in the
27    belief that it is in the alleged victim's best interest shall
28    be immune from criminal or civil  liability  or  professional
29    disciplinary   action   on  account  of  making  the  report,
30    notwithstanding    any    requirements     concerning     the
31    confidentiality  of information with respect to such eligible
32    adult which might otherwise be applicable.
33        (a-9)  Law enforcement officers shall continue to  report
34    incidents  of alleged abuse pursuant to the Illinois Domestic
 
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 1    Violence Act of 1986, notwithstanding any requirements  under
 2    this Act.
 3        (b)  Any  person,  institution or agency participating in
 4    the making of a  report,  providing  information  or  records
 5    related   to   a   report,   assessment,   or   services,  or
 6    participating in the investigation of a report under this Act
 7    in good faith, or taking photographs or x-rays as a result of
 8    an authorized assessment, shall have immunity from any civil,
 9    criminal or other liability in any civil, criminal  or  other
10    proceeding  brought  in  consequence of making such report or
11    assessment  or  on  account  of   submitting   or   otherwise
12    disclosing   such   photographs   or  x-rays  to  any  agency
13    designated to receive reports of alleged or  suspected  abuse
14    or  neglect.  Any person, institution or agency authorized by
15    the  Department  to  provide  assessment,  intervention,   or
16    administrative  services  under  this  Act shall, in the good
17    faith performance of those services, have immunity  from  any
18    civil, criminal or other liability in any civil, criminal, or
19    other  proceeding brought as a consequence of the performance
20    of those services. For the purposes of any  civil,  criminal,
21    or other proceeding, the good faith of any person required to
22    report,   permitted   to   report,  or  participating  in  an
23    investigation of a report  of  alleged  or  suspected  abuse,
24    neglect, or financial exploitation shall be presumed.
25        (c)  The  identity of a person making a report of alleged
26    or suspected abuse or neglect under this Act may be disclosed
27    by the Department or other agency provided for  in  this  Act
28    only with such person's written consent or by court order.
29        (d)  The  Department shall by rule establish a system for
30    filing and compiling reports made under this Act.
31        (e)  Any professional person who is a  mandated  reporter
32    who   willfully   fails   to   report   suspected   financial
33    exploitation,  abuse,  or  neglect  of  an  elderly person as
34    required by this Act, as determined by the Department,  shall
 
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 1    be referred by the Department to the appropriate licensing or
 2    disciplinary  board  for  disciplinary  action.  Any mandated
 3    reporter required by this Act to report  suspected  financial
 4    exploitation,  abuse,  or  neglect  of  an elderly person who
 5    willfully fails to report  shall  be  guilty  of  a  Class  A
 6    misdemeanor.
 7    (Source: P.A. 90-628, eff. 1-1-99.)

 8        (320 ILCS 20/7) (from Ch. 23, par. 6607)
 9        Sec.  7.   Review.   All services provided to an eligible
10    adult shall be reviewed by the provider agency on at least  a
11    quarterly  basis  for  up  to  2  years one year to determine
12    whether  the  service  care  plan  should  be  continued   or
13    modified.
14    (Source: P.A. 90-628, eff. 1-1-99.)