Sen. Dale Fowler

Filed: 3/21/2023





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2    AMENDMENT NO. ______. Amend Senate Bill 1085 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Department of Human Services Act is
5amended by changing Section 1-17 as follows:
6    (20 ILCS 1305/1-17)
7    Sec. 1-17. Inspector General.
8    (a) Nature and purpose. It is the express intent of the
9General Assembly to ensure the health, safety, and financial
10condition of individuals receiving services in this State due
11to mental illness, developmental disability, or both by
12protecting those persons from acts of abuse, neglect, or both
13by service providers. To that end, the Office of the Inspector
14General for the Department of Human Services is created to (i)
15investigate and report upon allegations of the abuse, neglect,
16or financial exploitation of individuals receiving services



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1within mental health facilities, developmental disabilities
2facilities, and community agencies operated, licensed, funded,
3or certified by the Department of Human Services, but not
4licensed or certified by any other State agency, and (ii)
5investigate and report any employee subject to the
6requirements of this Section who is found to materially
7obstruct, interfere with, or impede any investigation
8conducted by the Office of the Inspector General in accordance
9with this Section.
10    (b) Definitions. The following definitions apply to this
12    "Agency" or "community agency" means (i) a community
13agency licensed, funded, or certified by the Department, but
14not licensed or certified by any other human services agency
15of the State, to provide mental health service or
16developmental disabilities service, or (ii) a program
17licensed, funded, or certified by the Department, but not
18licensed or certified by any other human services agency of
19the State, to provide mental health service or developmental
20disabilities service.
21    "Aggravating circumstance" means a factor that is
22attendant to a finding and that tends to compound or increase
23the culpability of the accused.
24    "Allegation" means an assertion, complaint, suspicion, or
25incident involving any of the following conduct by an
26employee, facility, or agency against an individual or



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1individuals: mental abuse, physical abuse, sexual abuse,
2neglect, or financial exploitation. "Allegation" also includes
3an assertion, complaint, suspicion, or incident of material
4obstruction of an investigation by an employee.
5    "Day" means working day, unless otherwise specified.
6    "Deflection" means a situation in which an individual is
7presented for admission to a facility or agency, and the
8facility staff or agency staff do not admit the individual.
9"Deflection" includes triage, redirection, and denial of
11    "Department" means the Department of Human Services.
12    "Developmental disability" means "developmental
13disability" as defined in the Mental Health and Developmental
14Disabilities Code.
15    "Egregious neglect" means a finding of neglect as
16determined by the Inspector General that (i) represents a
17gross failure to adequately provide for, or a callused
18indifference to, the health, safety, or medical needs of an
19individual and (ii) results in an individual's death or other
20serious deterioration of an individual's physical condition or
21mental condition.
22    "Employee" means any person who provides services at the
23facility or agency on-site or off-site. The service
24relationship can be with the individual or with the facility
25or agency. Also, "employee" includes any employee or
26contractual agent of the Department of Human Services or the



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1community agency involved in providing or monitoring or
2administering mental health or developmental disability
3services. This includes but is not limited to: owners,
4operators, payroll personnel, contractors, subcontractors, and
6    "Facility" or "State-operated facility" means a mental
7health facility or developmental disabilities facility
8operated by the Department.
9    "Financial exploitation" means taking unjust advantage of
10an individual's assets, property, or financial resources
11through deception, intimidation, or conversion for the
12employee's, facility's, or agency's own advantage or benefit.
13    "Finding" means the Office of Inspector General's
14determination regarding whether an allegation is
15substantiated, unsubstantiated, or unfounded.
16    "Health Care Worker Registry" or "Registry" means the
17Health Care Worker Registry under the Health Care Worker
18Background Check Act.
19    "Individual" means any person receiving mental health
20service, developmental disabilities service, or both from a
21facility or agency, while either on-site or off-site.
22    "Material obstruction of an investigation" means
23withholding or altering documentation or recorded evidence;
24improperly influencing, threatening or impeding witness
25testimony; giving untruthful information during an interview;
26failing to cooperate in an investigation conducted by the



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1Office of Inspector General; and lying to law enforcement.
2    "Mental abuse" means the use of demeaning, intimidating,
3or threatening words, signs, gestures, or other actions by an
4employee about an individual and in the presence of an
5individual or individuals that results in emotional distress
6or maladaptive behavior, or could have resulted in emotional
7distress or maladaptive behavior, for any individual present.
8    "Mental illness" means "mental illness" as defined in the
9Mental Health and Developmental Disabilities Code.
10    "Mentally ill" means having a mental illness.
11    "Mitigating circumstance" means a condition that (i) is
12attendant to a finding, (ii) does not excuse or justify the
13conduct in question, but (iii) may be considered in evaluating
14the severity of the conduct, the culpability of the accused,
15or both the severity of the conduct and the culpability of the
17    "Neglect" means an employee's, agency's, or facility's
18failure to provide adequate medical care, personal care, or
19maintenance and that, as a consequence, (i) causes an
20individual pain, injury, or emotional distress, (ii) results
21in either an individual's maladaptive behavior or the
22deterioration of an individual's physical condition or mental
23condition, or (iii) places the individual's health or safety
24at substantial risk.
25    "Person with a developmental disability" means a person
26having a developmental disability.



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1    "Physical abuse" means an employee's non-accidental and
2inappropriate contact with an individual that causes bodily
3harm. "Physical abuse" includes actions that cause bodily harm
4as a result of an employee directing an individual or person to
5physically abuse another individual.
6    "Recommendation" means an admonition, separate from a
7finding, that requires action by the facility, agency, or
8Department to correct a systemic issue, problem, or deficiency
9identified during an investigation.
10    "Required reporter" means any employee who suspects,
11witnesses, or is informed of an allegation of any one or more
12of the following: mental abuse, physical abuse, sexual abuse,
13neglect, or financial exploitation.
14    "Secretary" means the Chief Administrative Officer of the
16    "Sexual abuse" means any sexual contact or intimate
17physical contact between an employee and an individual,
18including an employee's coercion or encouragement of an
19individual to engage in sexual behavior that results in sexual
20contact, intimate physical contact, sexual behavior, or
21intimate physical behavior. Sexual abuse also includes (i) an
22employee's actions that result in the sending or showing of
23sexually explicit images to an individual via computer,
24cellular phone, electronic mail, portable electronic device,
25or other media with or without contact with the individual or
26(ii) an employee's posting of sexually explicit images of an



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1individual online or elsewhere whether or not there is contact
2with the individual.
3    "Sexually explicit images" includes, but is not limited
4to, any material which depicts nudity, sexual conduct, or
5sado-masochistic abuse, or which contains explicit and
6detailed verbal descriptions or narrative accounts of sexual
7excitement, sexual conduct, or sado-masochistic abuse.
8    "Substantiated" means there is a preponderance of the
9evidence to support the allegation.
10    "Unfounded" means there is no credible evidence to support
11the allegation.
12    "Unsubstantiated" means there is credible evidence, but
13less than a preponderance of evidence to support the
15    (c) Appointment. The Governor shall appoint, and the
16Senate shall confirm, an Inspector General. The Inspector
17General shall be appointed for a term of 4 years and shall
18function within the Department of Human Services and report to
19the Secretary and the Governor.
20    (d) Operation and appropriation. The Inspector General
21shall function independently within the Department with
22respect to the operations of the Office, including the
23performance of investigations and issuance of findings and
24recommendations. The appropriation for the Office of Inspector
25General shall be separate from the overall appropriation for
26the Department.



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1    (e) Powers and duties. The Inspector General shall
2investigate reports of suspected mental abuse, physical abuse,
3sexual abuse, neglect, or financial exploitation of
4individuals in any mental health or developmental disabilities
5facility or agency and shall have authority to take immediate
6action to prevent any one or more of the following from
7happening to individuals under its jurisdiction: mental abuse,
8physical abuse, sexual abuse, neglect, or financial
9exploitation. Upon written request of an agency of this State,
10the Inspector General may assist another agency of the State
11in investigating reports of the abuse, neglect, or abuse and
12neglect of persons with mental illness, persons with
13developmental disabilities, or persons with both. To comply
14with the requirements of subsection (k) of this Section, the
15Inspector General shall also review all reportable deaths for
16which there is no allegation of abuse or neglect. Nothing in
17this Section shall preempt any duties of the Medical Review
18Board set forth in the Mental Health and Developmental
19Disabilities Code. The Inspector General shall have no
20authority to investigate alleged violations of the State
21Officials and Employees Ethics Act. Allegations of misconduct
22under the State Officials and Employees Ethics Act shall be
23referred to the Office of the Governor's Executive Inspector
24General for investigation.
25    (f) Limitations. The Inspector General shall not conduct
26an investigation within an agency or facility if that



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1investigation would be redundant to or interfere with an
2investigation conducted by another State agency. The Inspector
3General shall have no supervision over, or involvement in, the
4routine programmatic, licensing, funding, or certification
5operations of the Department. Nothing in this subsection
6limits investigations by the Department that may otherwise be
7required by law or that may be necessary in the Department's
8capacity as central administrative authority responsible for
9the operation of the State's mental health and developmental
10disabilities facilities.
11    (g) Rulemaking authority. The Inspector General shall
12promulgate rules establishing minimum requirements for
13reporting allegations as well as for initiating, conducting,
14and completing investigations based upon the nature of the
15allegation or allegations. The rules shall clearly establish
16that if 2 or more State agencies could investigate an
17allegation, the Inspector General shall not conduct an
18investigation that would be redundant to, or interfere with,
19an investigation conducted by another State agency. The rules
20shall further clarify the method and circumstances under which
21the Office of Inspector General may interact with the
22licensing, funding, or certification units of the Department
23in preventing further occurrences of mental abuse, physical
24abuse, sexual abuse, neglect, egregious neglect, and financial
26    (h) Training programs. The Inspector General shall (i)



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1establish a comprehensive program to ensure that every person
2authorized to conduct investigations receives ongoing training
3relative to investigation techniques, communication skills,
4and the appropriate means of interacting with persons
5receiving treatment for mental illness, developmental
6disability, or both mental illness and developmental
7disability, and (ii) establish and conduct periodic training
8programs for facility and agency employees concerning the
9prevention and reporting of any one or more of the following:
10mental abuse, physical abuse, sexual abuse, neglect, egregious
11neglect, or financial exploitation. The Inspector General
12shall further ensure (i) every person authorized to conduct
13investigations at community agencies receives ongoing training
14in Title 59, Parts 115, 116, and 119 of the Illinois
15Administrative Code, and (ii) every person authorized to
16conduct investigations shall receive ongoing training in Title
1759, Part 50 of the Illinois Administrative Code. Nothing in
18this Section shall be deemed to prevent the Office of
19Inspector General from conducting any other training as
20determined by the Inspector General to be necessary or
22    (i) Duty to cooperate.
23        (1) The Inspector General shall at all times be
24    granted access to any facility or agency for the purpose
25    of investigating any allegation, conducting unannounced
26    site visits, monitoring compliance with a written



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1    response, or completing any other statutorily assigned
2    duty. The Inspector General shall conduct unannounced site
3    visits to each facility at least annually for the purpose
4    of reviewing and making recommendations on systemic issues
5    relative to preventing, reporting, investigating, and
6    responding to all of the following: mental abuse, physical
7    abuse, sexual abuse, neglect, egregious neglect, or
8    financial exploitation.
9        (2) Any employee who fails to cooperate with an Office
10    of the Inspector General investigation is in violation of
11    this Act. Failure to cooperate with an investigation
12    includes, but is not limited to, any one or more of the
13    following: (i) creating and transmitting a false report to
14    the Office of the Inspector General hotline, (ii)
15    providing false information to an Office of the Inspector
16    General Investigator during an investigation, (iii)
17    colluding with other employees to cover up evidence, (iv)
18    colluding with other employees to provide false
19    information to an Office of the Inspector General
20    investigator, (v) destroying evidence, (vi) withholding
21    evidence, or (vii) otherwise obstructing an Office of the
22    Inspector General investigation. Additionally, any
23    employee who, during an unannounced site visit or written
24    response compliance check, fails to cooperate with
25    requests from the Office of the Inspector General is in
26    violation of this Act.



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1    (j) Subpoena powers. The Inspector General shall have the
2power to subpoena witnesses and compel the production of all
3documents and physical evidence relating to his or her
4investigations and any hearings authorized by this Act. This
5subpoena power shall not extend to persons or documents of a
6labor organization or its representatives insofar as the
7persons are acting in a representative capacity to an employee
8whose conduct is the subject of an investigation or the
9documents relate to that representation. Any person who
10otherwise fails to respond to a subpoena or who knowingly
11provides false information to the Office of the Inspector
12General by subpoena during an investigation is guilty of a
13Class A misdemeanor.
14    (k) Reporting allegations and deaths.
15        (1) Allegations. If an employee witnesses, is told of,
16    or has reason to believe an incident of mental abuse,
17    physical abuse, sexual abuse, neglect, or financial
18    exploitation has occurred, the employee, agency, or
19    facility shall report the allegation by phone to the
20    Office of the Inspector General hotline according to the
21    agency's or facility's procedures, but in no event later
22    than 4 hours after the initial discovery of the incident,
23    allegation, or suspicion of any one or more of the
24    following: mental abuse, physical abuse, sexual abuse,
25    neglect, or financial exploitation. A required reporter as
26    defined in subsection (b) of this Section who knowingly or



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1    intentionally fails to comply with these reporting
2    requirements is guilty of a Class A misdemeanor.
3        (2) Deaths. Absent an allegation, a required reporter
4    shall, within 24 hours after initial discovery, report by
5    phone to the Office of the Inspector General hotline each
6    of the following:
7            (i) Any death of an individual occurring within 14
8        calendar days after discharge or transfer of the
9        individual from a residential program or facility.
10            (ii) Any death of an individual occurring within
11        24 hours after deflection from a residential program
12        or facility.
13            (iii) Any other death of an individual occurring
14        at an agency or facility or at any Department-funded
15        site.
16        (3) Retaliation. It is a violation of this Act for any
17    employee or administrator of an agency or facility to take
18    retaliatory action against an employee who acts in good
19    faith in conformance with his or her duties as a required
20    reporter.
21    (l) Reporting to law enforcement. Reporting criminal acts.
22Within 24 hours after determining that there is credible
23evidence indicating that a criminal act may have been
24committed or that special expertise may be required in an
25investigation, the Inspector General shall notify the Illinois
26State Police or other appropriate law enforcement authority,



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1or ensure that such notification is made. The Illinois State
2Police shall investigate any report from a State-operated
3facility indicating a possible murder, sexual assault, or
4other felony by an employee. All investigations conducted by
5the Inspector General shall be conducted in a manner designed
6to ensure the preservation of evidence for possible use in a
7criminal prosecution.
8    (m) Investigative reports. Upon completion of an
9investigation, the Office of Inspector General shall issue an
10investigative report identifying whether the allegations are
11substantiated, unsubstantiated, or unfounded. Within 10
12business days after the transmittal of a completed
13investigative report substantiating an allegation, finding an
14allegation is unsubstantiated, or if a recommendation is made,
15the Inspector General shall provide the investigative report
16on the case to the Secretary and to the director of the
17facility or agency where any one or more of the following
18occurred: mental abuse, physical abuse, sexual abuse, neglect,
19egregious neglect, or financial exploitation, or material
20obstruction of an investigation by an employee. The director
21of the facility or agency shall be responsible for maintaining
22the confidentiality of the investigative report consistent
23with State and federal law. In a substantiated case, the
24investigative report shall include any mitigating or
25aggravating circumstances that were identified during the
26investigation. If the case involves substantiated neglect, the



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1investigative report shall also state whether egregious
2neglect was found. An investigative report may also set forth
3recommendations. All investigative reports prepared by the
4Office of the Inspector General shall be considered
5confidential and shall not be released except as provided by
6the law of this State or as required under applicable federal
7law. Unsubstantiated and unfounded reports shall not be
8disclosed except as allowed under Section 6 of the Abused and
9Neglected Long Term Care Facility Residents Reporting Act. Raw
10data used to compile the investigative report shall not be
11subject to release unless required by law or a court order.
12"Raw data used to compile the investigative report" includes,
13but is not limited to, any one or more of the following: the
14initial complaint, witness statements, photographs,
15investigator's notes, police reports, or incident reports. If
16the allegations are substantiated, the victim, the victim's
17guardian, and the accused shall be provided with a redacted
18copy of the investigative report. Death reports where there
19was no allegation of abuse or neglect shall only be released
20pursuant to applicable State or federal law or a valid court
21order. Unredacted investigative reports, as well as raw data,
22may be shared with a local law enforcement entity, a State's
23Attorney's office, or a county coroner's office upon written
25    (n) Written responses, clarification requests, and
26reconsideration requests.



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1        (1) Written responses. Within 30 calendar days from
2    receipt of a substantiated investigative report or an
3    investigative report which contains recommendations,
4    absent a reconsideration request, the facility or agency
5    shall file a written response that addresses, in a concise
6    and reasoned manner, the actions taken to: (i) protect the
7    individual; (ii) prevent recurrences; and (iii) eliminate
8    the problems identified. The response shall include the
9    implementation and completion dates of such actions. If
10    the written response is not filed within the allotted 30
11    calendar day period, the Secretary shall determine the
12    appropriate corrective action to be taken.
13        (2) Requests for clarification. The facility, agency,
14    victim or guardian, or the subject employee may request
15    that the Office of Inspector General clarify the finding
16    or findings for which clarification is sought.
17        (3) Requests for reconsideration. The facility,
18    agency, victim or guardian, or the subject employee may
19    request that the Office of the Inspector General
20    reconsider the finding or findings or the recommendations.
21    A request for reconsideration shall be subject to a
22    multi-layer review and shall include at least one reviewer
23    who did not participate in the investigation or approval
24    of the original investigative report. After the
25    multi-layer review process has been completed, the
26    Inspector General shall make the final determination on



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1    the reconsideration request. The investigation shall be
2    reopened if the reconsideration determination finds that
3    additional information is needed to complete the
4    investigative record.
5    (o) Disclosure of the finding by the Inspector General.
6The Inspector General shall disclose the finding of an
7investigation to the following persons: (i) the Governor, (ii)
8the Secretary, (iii) the director of the facility or agency,
9(iv) the alleged victims and their guardians, (v) the
10complainant, and (vi) the accused. This information shall
11include whether the allegations were deemed substantiated,
12unsubstantiated, or unfounded.
13    (p) Secretary review. Upon review of the Inspector
14General's investigative report and any agency's or facility's
15written response, the Secretary shall accept or reject the
16written response and notify the Inspector General of that
17determination. The Secretary may further direct that other
18administrative action be taken, including, but not limited to,
19any one or more of the following: (i) additional site visits,
20(ii) training, (iii) provision of technical assistance
21relative to administrative needs, licensure, or certification,
22or (iv) the imposition of appropriate sanctions.
23    (q) Action by facility or agency. Within 30 days of the
24date the Secretary approves the written response or directs
25that further administrative action be taken, the facility or
26agency shall provide an implementation report to the Inspector



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1General that provides the status of the action taken. The
2facility or agency shall be allowed an additional 30 days to
3send notice of completion of the action or to send an updated
4implementation report. If the action has not been completed
5within the additional 30-day period, the facility or agency
6shall send updated implementation reports every 60 days until
7completion. The Inspector General shall conduct a review of
8any implementation plan that takes more than 120 days after
9approval to complete, and shall monitor compliance through a
10random review of approved written responses, which may
11include, but are not limited to: (i) site visits, (ii)
12telephone contact, and (iii) requests for additional
13documentation evidencing compliance.
14    (r) Sanctions. Sanctions, if imposed by the Secretary
15under Subdivision (p)(iv) of this Section, shall be designed
16to prevent further acts of mental abuse, physical abuse,
17sexual abuse, neglect, egregious neglect, or financial
18exploitation or some combination of one or more of those acts
19at a facility or agency, and may include any one or more of the
21        (1) Appointment of on-site monitors.
22        (2) Transfer or relocation of an individual or
23    individuals.
24        (3) Closure of units.
25        (4) Termination of any one or more of the following:
26    (i) Department licensing, (ii) funding, or (iii)



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1    certification.
2    The Inspector General may seek the assistance of the
3Illinois Attorney General or the office of any State's
4Attorney in implementing sanctions.
5    (s) Health Care Worker Registry.
6        (1) Reporting to the Registry. The Inspector General
7    shall report to the Department of Public Health's Health
8    Care Worker Registry, a public registry, the identity and
9    finding of each employee of a facility or agency against
10    whom there is a final investigative report prepared by the
11    Office of the Inspector General containing a substantiated
12    allegation of physical or sexual abuse, financial
13    exploitation, or egregious neglect of an individual, or a
14    substantiated finding of material obstruction of an
15    investigation, unless the Inspector General requests a
16    stipulated disposition of the investigative report that
17    does not include the reporting of the employee's name to
18    the Health Care Worker Registry and the Secretary of Human
19    Services agrees with the requested stipulated disposition.
20        (2) Notice to employee. Prior to reporting the name of
21    an employee, the employee shall be notified of the
22    Department's obligation to report and shall be granted an
23    opportunity to request an administrative hearing, the sole
24    purpose of which is to determine if the substantiated
25    finding warrants reporting to the Registry. Notice to the
26    employee shall contain a clear and concise statement of



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1    the grounds on which the report to the Registry is based,
2    offer the employee an opportunity for a hearing, and
3    identify the process for requesting such a hearing. Notice
4    is sufficient if provided by certified mail to the
5    employee's last known address. If the employee fails to
6    request a hearing within 30 days from the date of the
7    notice, the Inspector General shall report the name of the
8    employee to the Registry. Nothing in this subdivision
9    (s)(2) shall diminish or impair the rights of a person who
10    is a member of a collective bargaining unit under the
11    Illinois Public Labor Relations Act or under any other
12    federal labor statute.
13        (3) Registry hearings. If the employee requests an
14    administrative hearing, the employee shall be granted an
15    opportunity to appear before an administrative law judge
16    to present reasons why the employee's name should not be
17    reported to the Registry. The Department shall bear the
18    burden of presenting evidence that establishes, by a
19    preponderance of the evidence, that the substantiated
20    finding warrants reporting to the Registry. After
21    considering all the evidence presented, the administrative
22    law judge shall make a recommendation to the Secretary as
23    to whether the substantiated finding warrants reporting
24    the name of the employee to the Registry. The Secretary
25    shall render the final decision. The Department and the
26    employee shall have the right to request that the



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1    administrative law judge consider a stipulated disposition
2    of these proceedings.
3        (4) Testimony at Registry hearings. A person who makes
4    a report or who investigates a report under this Act shall
5    testify fully in any judicial proceeding resulting from
6    such a report, as to any evidence of abuse or neglect or
7    material obstruction of an investigation, or the cause
8    thereof. No evidence shall be excluded by reason of any
9    common law or statutory privilege relating to
10    communications between the alleged perpetrator of abuse or
11    neglect, or the individual alleged as the victim in the
12    report, or the employee alleged to have committed a
13    material obstruction of an investigation, and the person
14    making or investigating the report. Testimony at hearings
15    is exempt from the confidentiality requirements of
16    subsection (f) of Section 10 of the Mental Health and
17    Developmental Disabilities Confidentiality Act.
18        (5) Employee's rights to collateral action. No
19    reporting to the Registry shall occur and no hearing shall
20    be set or proceed if an employee notifies the Inspector
21    General in writing, including any supporting
22    documentation, that he or she is formally contesting an
23    adverse employment action resulting from a substantiated
24    finding by complaint filed with the Illinois Civil Service
25    Commission, or which otherwise seeks to enforce the
26    employee's rights pursuant to any applicable collective



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1    bargaining agreement. If an action taken by an employer
2    against an employee as a result of a finding of physical
3    abuse, sexual abuse, or egregious neglect, or material
4    obstruction of an investigation is overturned through an
5    action filed with the Illinois Civil Service Commission or
6    under any applicable collective bargaining agreement and
7    if that employee's name has already been sent to the
8    Registry, the employee's name shall be removed from the
9    Registry.
10        (6) Removal from Registry. At any time after the
11    report to the Registry, but no more than once in any
12    12-month period, an employee may petition the Department
13    in writing to remove his or her name from the Registry.
14    Upon receiving notice of such request, the Inspector
15    General shall conduct an investigation into the petition.
16    Upon receipt of such request, an administrative hearing
17    will be set by the Department. At the hearing, the
18    employee shall bear the burden of presenting evidence that
19    establishes, by a preponderance of the evidence, that
20    removal of the name from the Registry is in the public
21    interest. The parties may jointly request that the
22    administrative law judge consider a stipulated disposition
23    of these proceedings.
24    (t) Review of Administrative Decisions. The Department
25shall preserve a record of all proceedings at any formal
26hearing conducted by the Department involving Health Care



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1Worker Registry hearings. Final administrative decisions of
2the Department are subject to judicial review pursuant to
3provisions of the Administrative Review Law.
4    (u) Quality Care Board. There is created, within the
5Office of the Inspector General, a Quality Care Board to be
6composed of 7 members appointed by the Governor with the
7advice and consent of the Senate. One of the members shall be
8designated as chairman by the Governor. Of the initial
9appointments made by the Governor, 4 Board members shall each
10be appointed for a term of 4 years and 3 members shall each be
11appointed for a term of 2 years. Upon the expiration of each
12member's term, a successor shall be appointed for a term of 4
13years. In the case of a vacancy in the office of any member,
14the Governor shall appoint a successor for the remainder of
15the unexpired term.
16    Members appointed by the Governor shall be qualified by
17professional knowledge or experience in the area of law,
18investigatory techniques, or in the area of care of the
19mentally ill or care of persons with developmental
20disabilities. Two members appointed by the Governor shall be
21persons with a disability or parents of persons with a
22disability. Members shall serve without compensation, but
23shall be reimbursed for expenses incurred in connection with
24the performance of their duties as members.
25    The Board shall meet quarterly, and may hold other
26meetings on the call of the chairman. Four members shall



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1constitute a quorum allowing the Board to conduct its
2business. The Board may adopt rules and regulations it deems
3necessary to govern its own procedures.
4    The Board shall monitor and oversee the operations,
5policies, and procedures of the Inspector General to ensure
6the prompt and thorough investigation of allegations of
7neglect and abuse. In fulfilling these responsibilities, the
8Board may do the following:
9        (1) Provide independent, expert consultation to the
10    Inspector General on policies and protocols for
11    investigations of alleged abuse, neglect, or both abuse
12    and neglect.
13        (2) Review existing regulations relating to the
14    operation of facilities.
15        (3) Advise the Inspector General as to the content of
16    training activities authorized under this Section.
17        (4) Recommend policies concerning methods for
18    improving the intergovernmental relationships between the
19    Office of the Inspector General and other State or federal
20    offices.
21    (v) Annual report. The Inspector General shall provide to
22the General Assembly and the Governor, no later than January 1
23of each year, a summary of reports and investigations made
24under this Act for the prior fiscal year with respect to
25individuals receiving mental health or developmental
26disabilities services. The report shall detail the imposition



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1of sanctions, if any, and the final disposition of any
2corrective or administrative action directed by the Secretary.
3The summaries shall not contain any confidential or
4identifying information of any individual, but shall include
5objective data identifying any trends in the number of
6reported allegations, the timeliness of the Office of the
7Inspector General's investigations, and their disposition, for
8each facility and Department-wide, for the most recent 3-year
9time period. The report shall also identify, by facility, the
10staff-to-patient ratios taking account of direct care staff
11only. The report shall also include detailed recommended
12administrative actions and matters for consideration by the
13General Assembly.
14    (w) Program audit. The Auditor General shall conduct a
15program audit of the Office of the Inspector General on an
16as-needed basis, as determined by the Auditor General. The
17audit shall specifically include the Inspector General's
18compliance with the Act and effectiveness in investigating
19reports of allegations occurring in any facility or agency.
20The Auditor General shall conduct the program audit according
21to the provisions of the Illinois State Auditing Act and shall
22report its findings to the General Assembly no later than
23January 1 following the audit period.
24    (x) Nothing in this Section shall be construed to mean
25that an individual is a victim of abuse or neglect because of
26health care services appropriately provided or not provided by



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1health care professionals.
2    (y) Nothing in this Section shall require a facility,
3including its employees, agents, medical staff members, and
4health care professionals, to provide a service to an
5individual in contravention of that individual's stated or
6implied objection to the provision of that service on the
7ground that that service conflicts with the individual's
8religious beliefs or practices, nor shall the failure to
9provide a service to an individual be considered abuse under
10this Section if the individual has objected to the provision
11of that service based on his or her religious beliefs or
13(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21;
14102-883, eff. 5-13-22; 102-1071, eff. 6-10-22; revised
16    Section 99. Effective date. This Act takes effect upon
17becoming law.".