Illinois General Assembly - Full Text of SB1826
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Full Text of SB1826  103rd General Assembly




SB1826 EngrossedLRB103 26370 KTG 52732 b

1    AN ACT concerning aging.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Adult Protective Services Act is amended by
5changing Sections 2, 4, 4.1, 4.2, 5, and 8 as follows:
6    (320 ILCS 20/2)  (from Ch. 23, par. 6602)
7    Sec. 2. Definitions. As used in this Act, unless the
8context requires otherwise:
9    (a) "Abandonment" means the desertion or willful forsaking
10of an eligible adult by an individual responsible for the care
11and custody of that eligible adult under circumstances in
12which a reasonable person would continue to provide care and
13custody. Nothing in this Act shall be construed to mean that an
14eligible adult is a victim of abandonment because of health
15care services provided or not provided by licensed health care
17    (a-1) "Abuse" means causing any physical, mental or sexual
18injury to an eligible adult, including exploitation of such
19adult's financial resources, and abandonment.
20    Nothing in this Act shall be construed to mean that an
21eligible adult is a victim of abuse, abandonment, neglect, or
22self-neglect for the sole reason that he or she is being
23furnished with or relies upon treatment by spiritual means



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1through prayer alone, in accordance with the tenets and
2practices of a recognized church or religious denomination.
3    Nothing in this Act shall be construed to mean that an
4eligible adult is a victim of abuse because of health care
5services provided or not provided by licensed health care
7    Nothing in this Act shall be construed to mean that an
8eligible adult is a victim of abuse in cases of criminal
9activity by strangers, telemarketing scams, consumer fraud,
10internet fraud, home repair disputes, complaints against a
11homeowners' association, or complaints between landlords and
13    (a-5) "Abuser" means a person who is a family member,
14caregiver, or another person who has a continuing relationship
15with the eligible adult and abuses, abandons, neglects, or
16financially exploits an eligible adult.
17    (a-6) "Adult with disabilities" means a person aged 18
18through 59 who resides in a domestic living situation and
19whose disability as defined in subsection (c-5) impairs his or
20her ability to seek or obtain protection from abuse,
21abandonment, neglect, or exploitation.
22    (a-7) "Caregiver" means a person who either as a result of
23a family relationship, voluntarily, or in exchange for
24compensation has assumed responsibility for all or a portion
25of the care of an eligible adult who needs assistance with
26activities of daily living or instrumental activities of daily



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2    (b) "Department" means the Department on Aging of the
3State of Illinois.
4    (c) "Director" means the Director of the Department.
5    (c-5) "Disability" means a physical or mental disability,
6including, but not limited to, a developmental disability, an
7intellectual disability, a mental illness as defined under the
8Mental Health and Developmental Disabilities Code, or dementia
9as defined under the Alzheimer's Disease Assistance Act.
10    (d) "Domestic living situation" means a residence where
11the eligible adult at the time of the report lives alone or
12with his or her family or a caregiver, or others, or other
13community-based unlicensed facility, but is not:
14        (1) A licensed facility as defined in Section 1-113 of
15    the Nursing Home Care Act;
16        (1.5) A facility licensed under the ID/DD Community
17    Care Act;
18        (1.6) A facility licensed under the MC/DD Act;
19        (1.7) A facility licensed under the Specialized Mental
20    Health Rehabilitation Act of 2013;
21        (2) A "life care facility" as defined in the Life Care
22    Facilities Act;
23        (3) A home, institution, or other place operated by
24    the federal government or agency thereof or by the State
25    of Illinois;
26        (4) A hospital, sanitarium, or other institution, the



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1    principal activity or business of which is the diagnosis,
2    care, and treatment of human illness through the
3    maintenance and operation of organized facilities
4    therefor, which is required to be licensed under the
5    Hospital Licensing Act;
6        (5) A "community living facility" as defined in the
7    Community Living Facilities Licensing Act;
8        (6) (Blank);
9        (7) A "community-integrated living arrangement" as
10    defined in the Community-Integrated Living Arrangements
11    Licensure and Certification Act or a "community
12    residential alternative" as licensed under that Act;
13        (8) An assisted living or shared housing establishment
14    as defined in the Assisted Living and Shared Housing Act;
15    or
16        (9) A supportive living facility as described in
17    Section 5-5.01a of the Illinois Public Aid Code.
18    (e) "Eligible adult" means either an adult with
19disabilities aged 18 through 59 or a person aged 60 or older
20who resides in a domestic living situation and is, or is
21alleged to be, abused, abandoned, neglected, or financially
22exploited by another individual or who neglects himself or
23herself. "Eligible adult" also includes an adult who resides
24in any of the facilities that are excluded from the definition
25of "domestic living situation" under paragraphs (1) through
26(9) of subsection (d), if either: (i) the alleged abuse,



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1abandonment, or neglect occurs outside of the facility and not
2under facility supervision and the alleged abuser is a family
3member, caregiver, or another person who has a continuing
4relationship with the adult; or (ii) the alleged financial
5exploitation is perpetrated by a family member, caregiver, or
6another person who has a continuing relationship with the
7adult, but who is not an employee of the facility where the
8adult resides.
9    (f) "Emergency" means a situation in which an eligible
10adult is living in conditions presenting a risk of death or
11physical, mental or sexual injury and the provider agency has
12reason to believe the eligible adult is unable to consent to
13services which would alleviate that risk.
14    (f-1) "Financial exploitation" means the use of an
15eligible adult's resources by another to the disadvantage of
16that adult or the profit or advantage of a person other than
17that adult.
18    (f-3) "Investment advisor" means any person required to
19register as an investment adviser or investment adviser
20representative under Section 8 of the Illinois Securities Law
21of 1953, which for purposes of this Act excludes any bank,
22trust company, savings bank, or credit union, or their
23respective employees.
24    (f-5) "Mandated reporter" means any of the following
25persons while engaged in carrying out their professional



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1        (1) a professional or professional's delegate while
2    engaged in: (i) social services, (ii) law enforcement,
3    (iii) education, (iv) the care of an eligible adult or
4    eligible adults, or (v) any of the occupations required to
5    be licensed under the Behavior Analyst Licensing Act, the
6    Clinical Psychologist Licensing Act, the Clinical Social
7    Work and Social Work Practice Act, the Illinois Dental
8    Practice Act, the Dietitian Nutritionist Practice Act, the
9    Marriage and Family Therapy Licensing Act, the Medical
10    Practice Act of 1987, the Naprapathic Practice Act, the
11    Nurse Practice Act, the Nursing Home Administrators
12    Licensing and Disciplinary Act, the Illinois Occupational
13    Therapy Practice Act, the Illinois Optometric Practice Act
14    of 1987, the Pharmacy Practice Act, the Illinois Physical
15    Therapy Act, the Physician Assistant Practice Act of 1987,
16    the Podiatric Medical Practice Act of 1987, the
17    Respiratory Care Practice Act, the Professional Counselor
18    and Clinical Professional Counselor Licensing and Practice
19    Act, the Illinois Speech-Language Pathology and Audiology
20    Practice Act, the Veterinary Medicine and Surgery Practice
21    Act of 2004, and the Illinois Public Accounting Act;
22        (1.5) an employee of an entity providing developmental
23    disabilities services or service coordination funded by
24    the Department of Human Services;
25        (2) an employee of a vocational rehabilitation
26    facility prescribed or supervised by the Department of



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1    Human Services;
2        (3) an administrator, employee, or person providing
3    services in or through an unlicensed community based
4    facility;
5        (4) any religious practitioner who provides treatment
6    by prayer or spiritual means alone in accordance with the
7    tenets and practices of a recognized church or religious
8    denomination, except as to information received in any
9    confession or sacred communication enjoined by the
10    discipline of the religious denomination to be held
11    confidential;
12        (5) field personnel of the Department of Healthcare
13    and Family Services, Department of Public Health, and
14    Department of Human Services, and any county or municipal
15    health department;
16        (6) personnel of the Department of Human Services, the
17    Guardianship and Advocacy Commission, the State Fire
18    Marshal, local fire departments, the Department on Aging
19    and its subsidiary Area Agencies on Aging and provider
20    agencies, and the Office of State Long Term Care
21    Ombudsman;
22        (7) any employee of the State of Illinois not
23    otherwise specified herein who is involved in providing
24    services to eligible adults, including professionals
25    providing medical or rehabilitation services and all other
26    persons having direct contact with eligible adults;



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



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



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1abuse, abandonment, neglect, or financial exploitation has
3    (k) "Verified" means a determination that there is "clear
4and convincing evidence" that the specific injury or harm
5alleged was the result of abuse, abandonment, neglect, or
6financial exploitation.
7(Source: P.A. 102-244, eff. 1-1-22; 102-953, eff. 5-27-22.)
8    (320 ILCS 20/4)  (from Ch. 23, par. 6604)
9    Sec. 4. Reports of abuse, abandonment, or neglect.
10    (a) Any person who suspects the abuse, abandonment,
11neglect, financial exploitation, or self-neglect of an
12eligible adult may report this suspicion or information about
13the suspicious death of an eligible adult to an agency
14designated to receive such reports under this Act or to the
16    (a-5) If any mandated reporter has reason to believe that
17an eligible adult, who because of a disability or other
18condition or impairment is unable to seek assistance for
19himself or herself, has, within the previous 12 months, been
20subjected to abuse, abandonment, neglect, or financial
21exploitation, the mandated reporter shall, within 24 hours
22after developing such belief, report this suspicion to an
23agency designated to receive such reports under this Act or to
24the Department. The agency designated to receive such reports
25under this Act or the Department may establish a manner in



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1which a mandated reporter can make the required report through
2an Internet reporting tool. Information sent and received
3through the Internet reporting tool is subject to the same
4rules in this Act as other types of confidential reporting
5established by the designated agency or the Department.
6Whenever a mandated reporter is required to report under this
7Act in his or her capacity as a member of the staff of a
8medical or other public or private institution, facility, or
9agency, he or she shall make a report to an agency designated
10to receive such reports under this Act or to the Department in
11accordance with the provisions of this Act and may also notify
12the person in charge of the institution, facility, or agency
13or his or her designated agent that the report has been made.
14Under no circumstances shall any person in charge of such
15institution, facility, or agency, or his or her designated
16agent to whom the notification has been made, exercise any
17control, restraint, modification, or other change in the
18report or the forwarding of the report to an agency designated
19to receive such reports under this Act or to the Department.
20The privileged quality of communication between any
21professional person required to report and his or her patient
22or client shall not apply to situations involving abused,
23abandoned, neglected, or financially exploited eligible adults
24and shall not constitute grounds for failure to report as
25required by this Act.
26    (a-6) If a mandated reporter has reason to believe that



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



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



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1subdivision (A)(22) of Section 22 of the Medical Practice Act
2of 1987. Any dentist or dental hygienist who willfully fails
3to report as required by this Act shall be referred to the
4Department of Professional Regulation for action in accordance
5with paragraph 19 of Section 23 of the Illinois Dental
6Practice Act. Any optometrist who willfully fails to report as
7required by this Act shall be referred to the Department of
8Financial and Professional Regulation for action in accordance
9with paragraph (15) of subsection (a) of Section 24 of the
10Illinois Optometric Practice Act of 1987. Any other mandated
11reporter required by this Act to report suspected abuse,
12abandonment, neglect, or financial exploitation who willfully
13fails to report the same is guilty of a Class A misdemeanor.
14(Source: P.A. 102-244, eff. 1-1-22.)
15    (320 ILCS 20/4.1)
16    Sec. 4.1. Employer discrimination. No employer shall
17discharge, demote or suspend, or threaten to discharge, demote
18or suspend, or in any manner discriminate against any
19employee: (i) who makes any good faith oral or written report
20of suspected abuse, abandonment, neglect, or financial
21exploitation; (ii) who makes any good faith oral or written
22report concerning information about the suspicious death of an
23eligible adult; or (iii) who is or will be a witness or testify
24in any investigation or proceeding concerning a report of
25suspected abuse, abandonment, neglect, or financial



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2(Source: P.A. 102-244, eff. 1-1-22.)
3    (320 ILCS 20/4.2)
4    Sec. 4.2. Testimony by mandated reporter and investigator.
5Any mandated reporter who makes a report or any person who
6investigates a report under this Act shall testify fully in
7any judicial proceeding resulting from such report, as to any
8evidence of abuse, abandonment, neglect, or financial
9exploitation or the cause thereof. Any mandated reporter who
10is required to report a suspected case of or a suspicious death
11due to abuse, abandonment, neglect, or financial exploitation
12under Section 4 of this Act shall testify fully in any
13administrative hearing resulting from such report, as to any
14evidence of abuse, abandonment, neglect, or financial
15exploitation or the cause thereof. No evidence shall be
16excluded by reason of any common law or statutory privilege
17relating to communications between the alleged abuser or the
18eligible adult subject of the report under this Act and the
19person making or investigating the report.
20(Source: P.A. 102-244, eff. 1-1-22.)
21    (320 ILCS 20/5)  (from Ch. 23, par. 6605)
22    Sec. 5. Procedure.
23    (a) A provider agency designated to receive reports of
24alleged or suspected abuse, abandonment, neglect, financial



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



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1assessment, the provider agency determines that the case is
2substantiated it shall develop a service care plan for the
3eligible adult and may report its findings at any time during
4the case to the appropriate law enforcement agency in accord
5with established law and Department protocols, procedures, and
6policies. In developing a case plan, the provider agency may
7consult with any other appropriate provider of services, and
8such providers shall be immune from civil or criminal
9liability on account of such acts. The plan shall include
10alternative suggested or recommended services which are
11appropriate to the needs of the eligible adult and which
12involve the least restriction of the eligible adult's
13activities commensurate with his or her needs. Only those
14services to which consent is provided in accordance with
15Section 9 of this Act shall be provided, contingent upon the
16availability of such services.
17    (b) A provider agency shall refer evidence of crimes
18against an eligible adult to the appropriate law enforcement
19agency according to Department policies. A referral to law
20enforcement may be made at intake, at or any time during the
21case, or after a report of a suspicious death, depending upon
22the circumstances. Where a provider agency has reason to
23believe the death of an eligible adult may be the result of
24abuse, abandonment, or neglect, the agency shall immediately
25report the matter to the coroner or medical examiner and shall
26cooperate fully with any subsequent investigation.



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1    (c) If any person other than the alleged victim refuses to
2allow the provider agency to begin an investigation,
3interferes with the provider agency's ability to conduct an
4investigation, or refuses to give access to an eligible adult,
5the appropriate law enforcement agency must be consulted
6regarding the investigation.
7(Source: P.A. 101-496, eff. 1-1-20; 102-244, eff. 1-1-22.)
8    (320 ILCS 20/8)  (from Ch. 23, par. 6608)
9    Sec. 8. Access to records. All records concerning reports
10of abuse, abandonment, neglect, financial exploitation, or
11self-neglect or reports of suspicious deaths due to abuse,
12neglect, or financial exploitation and all records generated
13as a result of such reports shall be confidential and shall not
14be disclosed except as specifically authorized by this Act or
15other applicable law. In accord with established law and
16Department protocols, procedures, and policies, access to such
17records, but not access to the identity of the person or
18persons making a report of alleged abuse, abandonment,
19neglect, financial exploitation, or self-neglect as contained
20in such records, shall be provided, upon request, to the
21following persons and for the following persons:
22        (1) Department staff, provider agency staff, other
23    aging network staff, and regional administrative agency
24    staff, including staff of the Chicago Department on Aging
25    while that agency is designated as a regional



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1    administrative agency, in the furtherance of their
2    responsibilities under this Act;
3        (1.5) A representative of the public guardian acting
4    in the course of investigating the appropriateness of
5    guardianship for the eligible adult or while pursuing a
6    petition for guardianship of the eligible adult pursuant
7    to the Probate Act of 1975;
8        (2) A law enforcement agency or State's Attorney's
9    office investigating known or suspected abuse,
10    abandonment, neglect, financial exploitation, or
11    self-neglect. Where a provider agency has reason to
12    believe that the death of an eligible adult may be the
13    result of abuse, abandonment, or neglect, including any
14    reports made after death, the agency shall immediately
15    provide the appropriate law enforcement agency with all
16    records pertaining to the eligible adult;
17        (2.5) A law enforcement agency, fire department
18    agency, or fire protection district having proper
19    jurisdiction pursuant to a written agreement between a
20    provider agency and the law enforcement agency, fire
21    department agency, or fire protection district under which
22    the provider agency may furnish to the law enforcement
23    agency, fire department agency, or fire protection
24    district a list of all eligible adults who may be at
25    imminent risk of abuse, abandonment, neglect, financial
26    exploitation, or self-neglect;



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1        (3) A physician who has before him or her or who is
2    involved in the treatment of an eligible adult whom he or
3    she reasonably suspects may be abused, abandoned,
4    neglected, financially exploited, or self-neglected or who
5    has been referred to the Adult Protective Services
6    Program;
7        (4) An eligible adult reported to be abused,
8    abandoned, neglected, financially exploited, or
9    self-neglected, or such adult's authorized guardian or
10    agent, unless such guardian or agent is the abuser or the
11    alleged abuser;
12        (4.5) An executor or administrator of the estate of an
13    eligible adult who is deceased;
14        (5) A probate court with jurisdiction over the
15    guardianship of an alleged victim for an in camera
16    inspection In cases regarding abuse, abandonment, neglect,
17    or financial exploitation, a court or a guardian ad litem,
18    upon its or his or her finding that access to such records
19    may be necessary for the determination of an issue before
20    the court. However, such access shall be limited to an in
21    camera inspection of the records, unless the court
22    determines that disclosure of the information contained
23    therein is necessary for the resolution of an issue then
24    pending before it;
25        (5.5) A In cases regarding self-neglect, a guardian ad
26    litem, unless such guardian ad litem is the abuser or



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1    alleged abuser;
2        (6) A grand jury, upon its determination that access
3    to such records is necessary in the conduct of its
4    official business;
5        (7) Any person authorized by the Director, in writing,
6    for audit or bona fide research purposes;
7        (8) A coroner or medical examiner who has reason to
8    believe that an eligible adult has died as the result of
9    abuse, abandonment, neglect, financial exploitation, or
10    self-neglect. The provider agency shall immediately
11    provide the coroner or medical examiner with all records
12    pertaining to the eligible adult;
13        (8.5) A coroner or medical examiner having proper
14    jurisdiction, pursuant to a written agreement between a
15    provider agency and the coroner or medical examiner, under
16    which the provider agency may furnish to the office of the
17    coroner or medical examiner a list of all eligible adults
18    who may be at imminent risk of death as a result of abuse,
19    abandonment, neglect, financial exploitation, or
20    self-neglect;
21        (9) Department of Financial and Professional
22    Regulation staff and members of the Illinois Medical
23    Disciplinary Board or the Social Work Examining and
24    Disciplinary Board in the course of investigating alleged
25    violations of the Clinical Social Work and Social Work
26    Practice Act by provider agency staff or other licensing



SB1826 Engrossed- 22 -LRB103 26370 KTG 52732 b

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



SB1826 Engrossed- 23 -LRB103 26370 KTG 52732 b

1    exploitation, or self-neglect of an eligible adult.
2(Source: P.A. 102-244, eff. 1-1-22.)
3    Section 99. Effective date. This Act takes effect January
41, 2024.