Full Text of HB3075 96th General Assembly
HB3075ham001 96TH GENERAL ASSEMBLY
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Rep. Elizabeth Coulson
Filed: 3/19/2009
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LRB096 07491 JDS 24087 a |
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| AMENDMENT TO HOUSE BILL 3075
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| AMENDMENT NO. ______. Amend House Bill 3075 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the | 5 |
| Developmental Disability Institutional Safety Act or Brian's | 6 |
| Law. | 7 |
| Section 5. Legislative Findings. The General Assembly | 8 |
| finds all of the following: | 9 |
| (a) Despite the national trend toward community | 10 |
| integration of people with disabilities, the State of Illinois | 11 |
| ranks 51st in the nation in funding for community-based | 12 |
| services for people with developmental disabilities in | 13 |
| settings of 6 or fewer individuals. | 14 |
| (b) Illinois continues to rely heavily upon large, | 15 |
| congregate, residential facilities for the long-term care of | 16 |
| people with developmental disabilities. |
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| (c) There is a large body of evidence documenting that | 2 |
| large, congregate settings for people with disabilities create | 3 |
| a culture of abuse and neglect that victimizes our society's | 4 |
| most vulnerable members and also creates an environment that | 5 |
| marginalizes people with disabilities, inhibits their | 6 |
| integration within society, and fosters dependence. | 7 |
| (d) Equip for Equality is the organization designated to | 8 |
| implement the federally mandated Protection and Advocacy (P&A) | 9 |
| System for people with disabilities in Illinois. | 10 |
| (e) The Abuse Investigation Unit of Equip for Equality has | 11 |
| investigated the deaths of individuals with developmental | 12 |
| disabilities in State-run developmental disability | 13 |
| institutions in Illinois, including the death of Brian Kent at | 14 |
| the Ann M. Kiley Center in Waukegan, Illinois on October 30, | 15 |
| 2002.
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| (f) Equip for Equality's Abuse Investigation Unit has | 17 |
| issued a public report regarding its investigation of the death | 18 |
| of Brian Kent and others, entitled "Life and Death in | 19 |
| State-Operated Developmental Disability Institutions".
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| (g) The substandard medical care and treatment cited in | 21 |
| that report necessitate that immediate action be taken to | 22 |
| prevent further injuries to or deaths of individuals residing | 23 |
| in those institutions.
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| Section 10. Independent interdisciplinary teams of | 25 |
| monitors. |
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| (a) The Illinois Department of Human Services and the | 2 |
| Illinois Department of Public Health shall develop and install | 3 |
| independent interdisciplinary teams of monitors to ensure the | 4 |
| safety and well being of the individuals residing at each | 5 |
| State-operated developmental disability institution.
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| (b) The interdisciplinary monitoring teams shall be | 7 |
| composed of nurses, social workers, psychologists, and quality | 8 |
| assurance professionals with expertise in addressing the | 9 |
| quality of nursing care and treatment.
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| (c) The interdisciplinary monitoring teams shall conduct a | 11 |
| minimum of 2 unannounced site visits to each of the | 12 |
| State-operated developmental disability institutions each | 13 |
| quarter. However, additional site visits may be made as | 14 |
| circumstances warrant. The teams shall monitor and observe | 15 |
| conditions within and around the residential units, review | 16 |
| relevant records, including injury reports, and conduct random | 17 |
| audits of clinical files and reports of abuse and neglect at | 18 |
| these institutions.
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| (d) The interdisciplinary monitoring teams shall produce | 20 |
| quarterly reports of their observations and provide those | 21 |
| reports to the Departments of Human Services and Public Health | 22 |
| as well as to Equip for Equality. The Departments of Human | 23 |
| Services and Public Health shall develop and implement | 24 |
| appropriate action plans in response to those reports to ensure | 25 |
| that individuals under the care of these institutions are safe | 26 |
| and receive quality services and medical care.
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| Section 15. Independent team of medical experts. | 2 |
| (a) The Departments of Human Services and Public Health | 3 |
| shall develop an independent team of medical experts from the | 4 |
| private sector, including forensic pathologists, doctors, and | 5 |
| nurses, to examine all deaths at State-operated developmental | 6 |
| disability institutions.
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| (b) The independent team of medical experts shall examine | 8 |
| the clinical records of all individuals who have died while | 9 |
| under the care of a State-operated developmental disability | 10 |
| institution and review all actions taken by the institution or | 11 |
| other State agencies to address the cause or causes of death | 12 |
| and the adequacy of medical care and treatment.
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| (c) The independent team shall produce written findings and | 14 |
| provide those findings to the Departments of Human Services and | 15 |
| Public Health as well as to Equip for Equality in order to | 16 |
| prevent further injuries and deaths.
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| Section 20. Plans of prevention. Within 90 days after the | 18 |
| completion of an investigation into the death of an individual | 19 |
| residing at a State-run developmental disability institution | 20 |
| by the Office of Inspector General or the Illinois Department | 21 |
| of State Police, the Departments of Human Services and Public | 22 |
| Health, in conjunction with the State-operated developmental | 23 |
| disability institutions' administrators and medical directors, | 24 |
| shall develop a plan of prevention to ensure that similar |
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| deaths do not occur at State-operated developmental disability | 2 |
| institutions. | 3 |
| Section 25. Rights information. The Department of Human | 4 |
| Services shall ensure that individuals with disabilities and | 5 |
| their guardians and families receive sufficient information | 6 |
| regarding their rights, including the right to be safe, the | 7 |
| right to be free of abuse and neglect, and the right to receive | 8 |
| quality services. The Department shall provide this | 9 |
| information in order to allow individuals with developmental | 10 |
| disabilities and their families to make informed decisions | 11 |
| regarding the provision of services that can meet the | 12 |
| individual's wants and needs. | 13 |
| Section 30. The Abused and Neglected Long Term Care | 14 |
| Facility Residents Reporting
Act is amended by changing Section | 15 |
| 3 as follows:
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| (210 ILCS 30/3) (from Ch. 111 1/2, par. 4163)
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| Sec. 3. As used in this Act unless the context otherwise | 18 |
| requires:
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| a. "Department" means the Department of Public Health of | 20 |
| the State of
Illinois.
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| b. "Resident" means a person residing in and receiving | 22 |
| personal care from
a long term care facility, or residing in a | 23 |
| mental health facility or
developmental disability facility as |
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| defined in the Mental Health and
Developmental Disabilities | 2 |
| Code.
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| c. "Long term care facility" has the same meaning ascribed | 4 |
| to such term
in the Nursing Home Care Act, except that the term | 5 |
| as
used in this Act shall include any mental health facility or
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| developmental disability facility as defined in the Mental | 7 |
| Health and
Developmental Disabilities Code.
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| d. "Abuse" means (i) any physical injury, sexual abuse , or | 9 |
| mental injury
inflicted on a resident other than by accidental | 10 |
| means or (ii) inadequate medical care that, regardless of the | 11 |
| final cause of death, compromises an individual's health or | 12 |
| leads to serious medical consequences followed by the | 13 |
| individual's death .
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| e. "Neglect" means (i) a failure in a long term care | 15 |
| facility to provide
adequate medical or personal care or | 16 |
| maintenance, which failure results in
physical or mental injury | 17 |
| to a resident or in the deterioration of a
resident's physical | 18 |
| or mental condition or (ii) the failure to follow medical and | 19 |
| personal care protocols, such as dietary restrictions, | 20 |
| regardless of whether that failure causes injury .
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| f. "Protective services" means services provided to a | 22 |
| resident who has
been abused or neglected, which may include, | 23 |
| but are not limited to alternative
temporary institutional | 24 |
| placement, nursing care, counseling, other social
services | 25 |
| provided at the nursing home where the resident resides or at | 26 |
| some
other facility, personal care and such protective services |
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| of voluntary
agencies as are available.
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| g. Unless the context otherwise requires, direct or | 3 |
| indirect references in
this Act to the programs, personnel, | 4 |
| facilities, services, service providers,
or service recipients | 5 |
| of the Department of Human Services shall be construed to
refer | 6 |
| only to those programs, personnel, facilities, services, | 7 |
| service
providers, or service recipients that pertain to the | 8 |
| Department of Human
Services' mental health and developmental | 9 |
| disabilities functions.
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| (Source: P.A. 89-507, eff. 7-1-97.)".
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