State of Illinois
90th General Assembly
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90_HB1008

      210 ILCS 30/6.2           from Ch. 111 1/2, par. 4166.2
      210 ILCS 30/6.3           from Ch. 111 1/2, par. 4166.3
      210 ILCS 30/6.4           from Ch. 111 1/2, par. 4166.4
      210 ILCS 30/6.5           from Ch. 111 1/2, par. 4166.5
      210 ILCS 30/6.6           from Ch. 111 1/2, par. 4166.6
      210 ILCS 30/6.7           from Ch. 111 1/2, par. 4166.7
      210 ILCS 30/6.8           from Ch. 111 1/2, par. 4166.8
          Amends  the  Abused  and  Neglected  Long  Term  Facility
      Resident Reporting Act.  Provides  that  the  Office  of  the
      Inspector   General   is  a  State  agency,  apart  from  the
      Department  of  Human  Services,  or  its  predecessor,   the
      Department  of  Mental Health and Developmental Disabilities.
      Provides  for  the  transfer  of  personnel,  property,   and
      unexpended  appropriations  to  the  Office  of the Inspector
      General.  Sets forth savings provisions.  Grants  the  Office
      of the Inspector General access to Department records for the
      purpose   of  investigating  reports  of  abuse  or  neglect.
      Deletes repeal provisions.
                                                     LRB9004413LDdv
                                               LRB9004413LDdv
 1        AN ACT to  amend  the  Abused  and  Neglected  Long  Term
 2    Facility  Resident  Reporting  Act  by changing Sections 6.2,
 3    6.3, 6.4, 6.5, 6.6, 6.7, and 6.8.
 4        Be it enacted by the People of  the  State  of  Illinois,
 5    represented in the General Assembly:
 6        Section  5.   The  Abused  and  Neglected  Long Term Care
 7    Facility Residents  Reporting  Act  is  amended  by  changing
 8    Sections 6.2, 6.3, 6.4, 6.5, 6.6, 6.7, and 6.8 as follows:
 9        (210 ILCS 30/6.2) (from Ch. 111 1/2, par. 4166.2)
10        (Section scheduled to be repealed on January 1, 2000)
11        (Text of Section before amendment by P.A. 89-507)
12        Sec. 6.2.  Inspector General.
13        (a)  The  Governor  shall  appoint,  and the Senate shall
14    confirm, an Inspector General.  The Inspector  General  shall
15    be  appointed for a term of 4 years who shall function within
16    the   Department   of   Mental   Health   and   Developmental
17    Disabilities and  report  to  the  Director.   The  Inspector
18    General  shall  investigate  reports  of  suspected  abuse or
19    neglect (as those terms are defined in Section 3 of this Act)
20    of patients or residents in  any  facility  operated  by  the
21    Department  of  Mental  Health and Developmental Disabilities
22    and shall have authority to investigate  and  take  immediate
23    action  on reports of abuse or neglect of recipients, whether
24    patients or residents, in any facility  or  program  that  is
25    licensed  or certified by the Department of Mental Health and
26    Developmental  Disabilities  or  that  is   funded   by   the
27    Department  of  Mental  Health and Developmental Disabilities
28    and is not licensed or certified by any agency of the  State.
29    At  the  specific,  written request of an agency of the State
30    other than the Department of Mental Health and  Developmental
31    Disabilities,   the   Inspector   General  may  cooperate  in
                            -2-                LRB9004413LDdv
 1    investigating reports of abuse and neglect  of  persons  with
 2    mental  illness  or  persons with developmental disabilities.
 3    The Inspector General  shall  have  no  supervision  over  or
 4    involvement   in   routine,   programmatic,   licensure,   or
 5    certification  operations  of the Department of Mental Health
 6    and Developmental Disabilities or any of its funded agencies.
 7        The Inspector General shall promulgate rules establishing
 8    minimum  requirements   for   initiating,   conducting,   and
 9    completing   investigations.   The  promulgated  rules  shall
10    clearly set forth that in instances where  2  or  more  State
11    agencies could investigate an allegation of abuse or neglect,
12    the Inspector General shall not conduct an investigation that
13    is  redundant  to an investigation conducted by another State
14    agency. The rules shall establish criteria  for  determining,
15    based  upon  the  nature  of  the allegation, the appropriate
16    method of investigation, which may include, but need  not  be
17    limited  to, site visits, telephone contacts, or requests for
18    written responses  from  agencies.    The  rules  shall  also
19    clarify  how  the  Office  of  the  Inspector  General  shall
20    interact  with the licensing unit of the Department of Mental
21    Health and Developmental Disabilities  in  investigations  of
22    allegations   of  abuse  or  neglect.    Any  allegations  or
23    investigations of reports made pursuant  to  this  Act  shall
24    remain confidential until a final report is completed.  Final
25    reports  regarding  unsubstantiated  or unfounded allegations
26    shall remain confidential, except that final reports  may  be
27    disclosed pursuant to Section 6 of this Act.
28        (a-1)  On  the  effective  date of this amendatory Act of
29    1997, the Office of the  Inspector  General  shall  become  a
30    State  agency, apart from the Department of Mental Health and
31    Developmental Disabilities.
32        Personnel employed by the Department of Mental Health and
33    Developmental  Disabilities  to  perform  functions  for  the
34    Office of the Inspector General are transferred to the Office
                            -3-                LRB9004413LDdv
 1    of the Inspector  General  on  the  effective  date  of  this
 2    amendatory Act of 1997.
 3        The  rights  of  State  employees,  the  State,  and  its
 4    agencies,  under  the  Personnel  Code,  the Illinois Pension
 5    Code, or any collective bargaining agreement are not affected
 6    by this amendatory Act of 1997.
 7        All documents, books, correspondence, and property  (real
 8    and  personal)  held  by  the Department of Mental Health and
 9    Developmental Disabilities  and  all  contracts  and  pending
10    business  in  the name of the Department of Mental Health and
11    Developmental Disabilities,  which  pertain  to  the  rights,
12    powers,  and  duties  of the Office of the Inspector General,
13    are transferred to the Office of the Inspector General on the
14    effective date of this amendatory Act of 1997.
15        The expenditure authority of  the  Department  of  Mental
16    Health  and  Developmental  Disabilities under appropriations
17    available for use in connection with  the  functions  of  the
18    Office  of the Inspector General is transferred to the Office
19    of the Inspector  General  on  the  effective  date  of  this
20    amendatory Act of 1997.
21        This amendatory Act of 1997 does not affect any act done,
22    ratified,  or  cancelled, any right occurring or established,
23    or  any  action  or  proceeding  had  or  commenced   in   an
24    administrative, civil, or criminal cause before the effective
25    date of this amendatory Act of 1997.
26        All  rules  and  regulations  pertaining  to  the rights,
27    powers, and duties of the Office  of  the  Inspector  General
28    shall  continue  in  force  on  the  effective  date  of this
29    amendatory Act of 1997.
30        The Inspector General shall be appointed for a term of  4
31    years.
32        (b)  The  Inspector  General  shall within 24 hours after
33    receiving a report of suspected abuse  or  neglect  determine
34    whether the evidence indicates that any possible criminal act
                            -4-                LRB9004413LDdv
 1    has been committed. If he determines that a possible criminal
 2    act has been committed, or that special expertise is required
 3    in   the  investigation,  he  shall  immediately  notify  the
 4    Department of State Police. The Department  of  State  Police
 5    shall  investigate  any  report indicating a possible murder,
 6    rape, or other felony. All investigations  conducted  by  the
 7    Inspector  General shall be conducted in a manner designed to
 8    ensure the preservation of evidence for  possible  use  in  a
 9    criminal prosecution.
10        (c)  The Inspector General shall, within 10 calendar days
11    after the transmittal date of a completed investigation where
12    abuse or neglect is substantiated or administrative action is
13    recommended,  provide  a  complete  report on the case to the
14    Director of Mental Health and Developmental Disabilities  and
15    to  the  agency  in  which the abuse or neglect is alleged to
16    have happened.  There shall be an  appeals  process  for  any
17    person  or  agency  that  is subject to any action based on a
18    recommendation or recommendations.
19        (d)  The  Inspector  General   may   recommend   to   the
20    Departments   of   Public   Health   and  Mental  Health  and
21    Developmental Disabilities sanctions to  be  imposed  against
22    facilities under the jurisdiction of the Department of Mental
23    Health  and  Developmental Disabilities for the protection of
24    residents,  including  appointment  of  on-site  monitors  or
25    receivers, transfer or relocation of residents,  and  closure
26    of  units.  The  Inspector General may seek the assistance of
27    the Attorney General or any of the several State's  attorneys
28    in imposing such sanctions.
29        (e)  The  Inspector  General  shall establish and conduct
30    periodic training programs for Department  of  Mental  Health
31    and   Developmental  Disabilities  employees  concerning  the
32    prevention and reporting of neglect and abuse.
33        (f)  The Inspector General shall at all times be  granted
34    access  to  any facility operated by the Department of Mental
                            -5-                LRB9004413LDdv
 1    Health and Developmental Disabilities,  shall  establish  and
 2    conduct  unannounced site visits to those facilities at least
 3    once annually, and shall be granted access, for  the  purpose
 4    of investigating a report of abuse or neglect, to the records
 5    of   the   Department  of  Mental  Health  and  Developmental
 6    Disabilities and to any facility or  program  funded  by  the
 7    Department  of  Mental  Health and Developmental Disabilities
 8    that is subject under  the  provisions  of  this  Section  to
 9    investigation  by the Inspector General for a report of abuse
10    or neglect.
11        (g)  Nothing in this Section shall  limit  investigations
12    by   the   Department  of  Mental  Health  and  Developmental
13    Disabilities that may otherwise be required by  law  or  that
14    may be necessary in that Department's capacity as the central
15    administrative  authority  responsible  for  the operation of
16    State mental health and developmental disability facilities.
17        (h)  This Section is repealed on January 1, 2000.
18    (Source: P.A. 89-427, eff. 12-7-95.)
19        (Text of Section after amendment by P.A. 89-507)
20        Sec. 6.2.  Inspector General.
21        (a)  The Governor shall appoint,  and  the  Senate  shall
22    confirm,  an  Inspector General.  The Inspector General shall
23    be appointed for a term of 4 years who shall function  within
24    the  Department of Human Services and report to the Secretary
25    of Human Services.  The Inspector General  shall  investigate
26    reports  of  suspected  abuse  or neglect (as those terms are
27    defined in Section 3 of this Act) of patients or residents in
28    any mental  health  or  developmental  disabilities  facility
29    operated  by  the Department of Human Services and shall have
30    authority to investigate and take immediate action on reports
31    of abuse  or  neglect  of  recipients,  whether  patients  or
32    residents, in any mental health or developmental disabilities
33    facility  or  program  that  is  licensed or certified by the
34    Department of Human Services (as successor to the  Department
                            -6-                LRB9004413LDdv
 1    of  Mental  Health and Developmental Disabilities) or that is
 2    funded by the Department of Human Services (as  successor  to
 3    the   Department   of   Mental   Health   and   Developmental
 4    Disabilities)  and is not licensed or certified by any agency
 5    of the State.  At the specific, written request of an  agency
 6    of  the State other than the Department of Human Services (as
 7    successor  to   the   Department   of   Mental   Health   and
 8    Developmental   Disabilities),   the  Inspector  General  may
 9    cooperate in investigating reports of abuse  and  neglect  of
10    persons  with  mental  illness  or persons with developmental
11    disabilities.   The   Inspector   General   shall   have   no
12    supervision  over  or  involvement  in routine, programmatic,
13    licensure, or certification operations of the  Department  of
14    Human Services or any of its funded agencies.
15        The Inspector General shall promulgate rules establishing
16    minimum   requirements   for   initiating,   conducting,  and
17    completing  investigations.   The  promulgated  rules   shall
18    clearly  set  forth  that  in instances where 2 or more State
19    agencies could investigate an allegation of abuse or neglect,
20    the Inspector General shall not conduct an investigation that
21    is redundant to an investigation conducted by  another  State
22    agency.  The  rules shall establish criteria for determining,
23    based upon the nature  of  the  allegation,  the  appropriate
24    method  of  investigation, which may include, but need not be
25    limited to, site visits, telephone contacts, or requests  for
26    written  responses  from  agencies.    The  rules  shall also
27    clarify  how  the  Office  of  the  Inspector  General  shall
28    interact with the licensing unit of the Department  of  Human
29    Services   in  investigations  of  allegations  of  abuse  or
30    neglect.  Any allegations or investigations of  reports  made
31    pursuant  to this Act shall remain confidential until a final
32    report is completed.  Final reports regarding unsubstantiated
33    or unfounded allegations shall  remain  confidential,  except
34    that  final reports may be disclosed pursuant to Section 6 of
                            -7-                LRB9004413LDdv
 1    this Act.
 2        (a-1)  On the effective date of this  amendatory  Act  of
 3    1997,  the  Office  of  the  Inspector General shall become a
 4    State agency, apart from the Department of Human Services.
 5        Personnel employed by the Department of Human Services to
 6    perform functions for the Office of the Inspector General are
 7    transferred to the Office of the  Inspector  General  on  the
 8    effective date of this amendatory Act of 1997.
 9        The  rights  of  State  employees,  the  State,  and  its
10    agencies,  under  the  Personnel  Code,  the Illinois Pension
11    Code, or any collective bargaining agreement are not affected
12    by this amendatory Act of 1997.
13        All documents, books, correspondence, and property  (real
14    and  personal)  held  by the Department of Human Services and
15    all contracts  and  pending  business  in  the  name  of  the
16    Department   of   Human  Services  or  its  predecessor,  the
17    Department of Mental Health and  Developmental  Disabilities,
18    that  pertain to the rights, powers, and duties of the Office
19    of the Inspector General are transferred to the Office of the
20    Inspector General on the effective date  of  this  amendatory
21    Act of 1997.
22        The  expenditure  authority  of  the  Department of Human
23    Services or its precedessor, the Department of Mental  Health
24    and    Developmental   Disabilities,   under   appropriations
25    available for use in connection with  the  functions  of  the
26    Office  of the Inspector General is transferred to the Office
27    of the Inspector  General  on  the  effective  date  of  this
28    amendatory Act of 1997.
29        This amendatory Act of 1997 does not affect any act done,
30    ratified,  or  cancelled, any right occurring or established,
31    or  any  action  or  proceeding  had  or  commenced   in   an
32    administrative, civil, or criminal cause before the effective
33    date of this amendatory Act of 1997.
34        All  rules  and  regulations  pertaining  to  the rights,
                            -8-                LRB9004413LDdv
 1    powers, and duties of the Office  of  the  Inspector  General
 2    shall  continue  in  force  on  the  effective  date  of this
 3    amendatory Act of 1997.
 4        The Inspector General shall be appointed for a term of  4
 5    years.
 6        (b)  The  Inspector  General  shall within 24 hours after
 7    receiving a report of suspected abuse  or  neglect  determine
 8    whether the evidence indicates that any possible criminal act
 9    has been committed. If he determines that a possible criminal
10    act has been committed, or that special expertise is required
11    in   the  investigation,  he  shall  immediately  notify  the
12    Department of State Police.  The Department of  State  Police
13    shall  investigate  any  report indicating a possible murder,
14    rape, or other felony. All investigations  conducted  by  the
15    Inspector  General shall be conducted in a manner designed to
16    ensure the preservation of evidence for  possible  use  in  a
17    criminal prosecution.
18        (c)  The Inspector General shall, within 10 calendar days
19    after the transmittal date of a completed investigation where
20    abuse or neglect is substantiated or administrative action is
21    recommended,  provide  a  complete  report on the case to the
22    Secretary of Human Services and to the agency  in  which  the
23    abuse or neglect is alleged to have happened.  There shall be
24    an  appeals  process for any person or agency that is subject
25    to any action based on a recommendation or recommendations.
26        (d)  The  Inspector  General   may   recommend   to   the
27    Departments  of Public Health and Human Services sanctions to
28    be  imposed   against   mental   health   and   developmental
29    disabilities   facilities   under  the  jurisdiction  of  the
30    Department of Human Services for the protection of residents,
31    including  appointment  of  on-site  monitors  or  receivers,
32    transfer or relocation of residents, and  closure  of  units.
33    The Inspector General may seek the assistance of the Attorney
34    General  or  any of the several State's attorneys in imposing
                            -9-                LRB9004413LDdv
 1    such sanctions.
 2        (e)  The Inspector General shall  establish  and  conduct
 3    periodic  training  programs for Department of Human Services
 4    employees concerning the prevention and reporting of  neglect
 5    and abuse.
 6        (f)  The  Inspector General shall at all times be granted
 7    access to any mental  health  or  developmental  disabilities
 8    facility  operated  by  the  Department  of Human Services as
 9    successor  to   the   Department   of   Mental   Health   and
10    Developmental   Disabilities,  shall  establish  and  conduct
11    unannounced site visits to those  facilities  at  least  once
12    annually,  and  shall  be  granted access, for the purpose of
13    investigating a report of abuse or neglect, to the records of
14    the Department of Human  Services  or  its  predecessor,  the
15    Department  of  Mental Health and Developmental Disabilities,
16    relating to a mental  health  or  developmental  disabilities
17    facility  and  to  any  facility  or  program  funded  by the
18    Department  of  Human  Services  or  its   predecessor,   the
19    Department  of  Mental Health and Developmental Disabilities,
20    that is subject under  the  provisions  of  this  Section  to
21    investigation  by the Inspector General for a report of abuse
22    or neglect.
23        (g)  Nothing in this Section shall  limit  investigations
24    by  the  Department  of  Human Services that may otherwise be
25    required by law or that may be necessary in that Department's
26    capacity as the central administrative authority  responsible
27    for  the  operation  of State mental health and developmental
28    disability facilities.
29        (h)  This Section is repealed on January 1, 2000.
30    (Source: P.A. 89-427, eff. 12-7-95; 89-507, eff. 7-1-97.)
31        (210 ILCS 30/6.3) (from Ch. 111 1/2, par. 4166.3)
32        (Section scheduled to be repealed on January 1, 2000)
33        (Text of Section before amendment by P.A. 89-507)
                            -10-               LRB9004413LDdv
 1        Sec. 6.3.  Quality Care Board. There is  created,  within
 2    the   Department   of   Mental   Health   and   Developmental
 3    Disabilities' Office of the Inspector General, a Quality Care
 4    Board  to  be composed of 7 members appointed by the Governor
 5    with the advice and  consent  of  the  Senate.   One  of  the
 6    members  shall be designated as chairman by the Governor.  Of
 7    the initial  appointments  made  by  the  Governor,  4  Board
 8    members  shall  each be appointed for a term of 4 years and 3
 9    members shall each be appointed for a term of 2 years.   Upon
10    the  expiration  of  each member's term, a successor shall be
11    appointed for a term of 4 years.  In the case of a vacancy in
12    the office of  any  member,  the  Governor  shall  appoint  a
13    successor for the remainder of the unexpired term.
14        Members  appointed  by the Governor shall be qualified by
15    professional knowledge or experience  in  the  area  of  law,
16    investigatory  techniques,  or  in  the  area  of care of the
17    mentally  ill  or  developmentally  disabled.   Two   members
18    appointed  by the Governor shall be persons with a disability
19    or a parent of a person with  a  disability.   Members  shall
20    serve  without  compensation,  but  shall  be  reimbursed for
21    expenses incurred in connection with the performance of their
22    duties as members.
23        The Board  shall  meet  quarterly,  and  may  hold  other
24    meetings  on  the  call  of the chairman.  Four members shall
25    constitute  a  quorum.   The  Board  may  adopt   rules   and
26    regulations it deems necessary to govern its own procedures.
27        The  terms  of  Board  members in office on the effective
28    date of this amendatory Act of 1997 are not affected by  this
29    amendatory Act of 1997.
30        This Section is repealed on January 1, 2000.
31    (Source: P.A. 89-427, eff. 12-7-95.)
32        (Text of Section after amendment by P.A. 89-507)
33        Sec.  6.3.  Quality Care Board.  There is created, within
34    the Department of Human Services'  Office  of  the  Inspector
                            -11-               LRB9004413LDdv
 1    General,  a  Quality  Care  Board to be composed of 7 members
 2    appointed by the Governor with the advice and consent of  the
 3    Senate.   One  of the members shall be designated as chairman
 4    by the Governor.  Of the initial  appointments  made  by  the
 5    Governor,  4 Board members shall each be appointed for a term
 6    of 4 years and 3 members shall each be appointed for  a  term
 7    of  2  years.   Upon  the expiration of each member's term, a
 8    successor shall be appointed for a term of 4 years.   In  the
 9    case  of  a vacancy in the office of any member, the Governor
10    shall appoint a successor for the remainder of the  unexpired
11    term.
12        Members  appointed  by the Governor shall be qualified by
13    professional knowledge or experience  in  the  area  of  law,
14    investigatory  techniques,  or  in  the  area  of care of the
15    mentally  ill  or  developmentally  disabled.   Two   members
16    appointed  by the Governor shall be persons with a disability
17    or a parent of a person with  a  disability.   Members  shall
18    serve  without  compensation,  but  shall  be  reimbursed for
19    expenses incurred in connection with the performance of their
20    duties as members.
21        The Board  shall  meet  quarterly,  and  may  hold  other
22    meetings  on  the  call  of the chairman.  Four members shall
23    constitute  a  quorum.   The  Board  may  adopt   rules   and
24    regulations it deems necessary to govern its own procedures.
25        The  terms  of  Board  members in office on the effective
26    date of this amendatory Act of 1997 are not affected by  this
27    amendatory Act of 1997.
28        This Section is repealed on January 1, 2000.
29    (Source: P.A. 89-427, eff. 12-7-95; 89-507, eff. 7-1-97.)
30        (210 ILCS 30/6.4) (from Ch. 111 1/2, par. 4166.4)
31        (This  Section  is  scheduled  to  be repealed January 1,
32    2000.)
33        Sec. 6.4.  Scope and function of the Quality Care  Board.
                            -12-               LRB9004413LDdv
 1    The Board shall monitor and oversee the operations, policies,
 2    and  procedures of the Inspector General to assure the prompt
 3    and thorough investigation  of  allegations  of  neglect  and
 4    abuse.   In  fulfilling these responsibilities, the Board may
 5    do the following:
 6             (1)  Provide independent, expert consultation to the
 7        Inspector  General  on   policies   and   protocols   for
 8        investigations of alleged neglect and abuse.
 9             (2)  Review  existing  regulations  relating  to the
10        operation  of  facilities  under  the  control   of   the
11        Department   of   Human  Services  as  successor  to  the
12        Department   of   Mental   Health    and    Developmental
13        Disabilities.
14             (3)  Advise  the Inspector General as to the content
15        of training activities authorized under Section 6.2.
16             (4)  Recommend  policies  concerning   methods   for
17        improving the intergovernmental relationships between the
18        office  of  the  Inspector  General  and  other  State or
19        federal agencies.
20        This Section is repealed on January 1, 2000.
21    (Source: P.A. 89-427, eff. 12-7-95.)
22        (210 ILCS 30/6.5) (from Ch. 111 1/2, par. 4166.5)
23        (Section scheduled to be repealed on January 1, 2000)
24        (Text of Section before amendment by P.A. 89-507)
25        Sec.  6.5.  Investigators.   Within  60  days  after  the
26    effective date of this amendatory Act of 1992, The  Inspector
27    General  shall  establish  a  comprehensive program to ensure
28    that  every  person  employed  or  newly  hired  to   conduct
29    investigations  shall  receive  training on an on-going basis
30    concerning investigative  techniques,  communication  skills,
31    and the appropriate means of contact with persons admitted or
32    committed  to  the  facilities  under the jurisdiction of the
33    Department of Mental Health and Developmental Disabilities.
                            -13-               LRB9004413LDdv
 1        This Section is repealed on January 1, 2000.
 2    (Source: P.A. 89-427, eff. 12-7-95.)
 3        (Text of Section after amendment by P.A. 89-507)
 4        Sec.  6.5.  Investigators.   Within  60  days  after  the
 5    effective date of this amendatory Act of 1992, The  Inspector
 6    General  shall  establish  a  comprehensive program to ensure
 7    that  every  person  employed  or  newly  hired  to   conduct
 8    investigations  shall  receive  training on an on-going basis
 9    concerning investigative  techniques,  communication  skills,
10    and the appropriate means of contact with persons admitted or
11    committed  to the mental health or developmental disabilities
12    facilities under the jurisdiction of the Department of  Human
13    Services.
14        This Section is repealed on January 1, 2000.
15    (Source: P.A. 89-427, eff. 12-7-95; 89-507, eff. 7-1-97.)
16        (210 ILCS 30/6.6) (from Ch. 111 1/2, par. 4166.6)
17        (This  Section  is  scheduled  to  be repealed January 1,
18    2000.)
19        Sec. 6.6.  Subpoenas; testimony; penalty.  The  Inspector
20    General shall have the power to subpoena witnesses and compel
21    the   production   of   books  and  papers  pertinent  to  an
22    investigation authorized by this Act, provided that the power
23    to subpoena or to compel the production of books  and  papers
24    shall  not  extend  to  the  person  or  documents of a labor
25    organization or its representatives insofar as the person  or
26    documents  of  a labor organization relate to the function of
27    representing an employee subject to investigation under  this
28    Act.  Mental health records of patients shall be confidential
29    as   provided  under  the  Mental  Health  and  Developmental
30    Disabilities Confidentiality Act.  Any person  who  fails  to
31    appear in response to a subpoena or to answer any question or
32    produce  any  books  or  papers pertinent to an investigation
33    under this Act, except as otherwise provided in this Section,
                            -14-               LRB9004413LDdv
 1    or who knowingly gives false  testimony  in  relation  to  an
 2    investigation   under  this  Act  is  guilty  of  a  Class  A
 3    misdemeanor.
 4        This Section is repealed on January 1, 2000.
 5    (Source: P.A. 89-427, eff. 12-7-95.)
 6        (210 ILCS 30/6.7) (from Ch. 111 1/2, par. 4166.7)
 7        (This Section is scheduled  to  be  repealed  January  1,
 8    2000.)
 9        Sec.  6.7.  Annual  report.   The Inspector General shall
10    provide to the General Assembly and the  Governor,  no  later
11    than  January  1  of  each  year,  a  summary  of reports and
12    investigations made under this Act for the prior fiscal  year
13    with   respect   to   residents  of  institutions  under  the
14    jurisdiction of the Department of Human Services as successor
15    to  the  Department  of  Mental  Health   and   Developmental
16    Disabilities.   The  report  shall  detail  the imposition of
17    sanctions and the final disposition of those recommendations.
18    The  summaries  shall  not  contain   any   confidential   or
19    identifying   information  concerning  the  subjects  of  the
20    reports and investigations.  The report shall also include  a
21    trend  analysis  of  the  number  of reported allegations and
22    their disposition, for each facility and Department-wide, for
23    the most recent 3-year time period and a statement, for  each
24    facility,  of  the  staffing-to-patient  ratios.   The ratios
25    shall include only the number  of  direct  care  staff.   The
26    report shall also include detailed recommended administrative
27    actions   and   matters  for  consideration  by  the  General
28    Assembly.
29        This Section is repealed on July 1, 2000.
30    (Source: P.A. 89-427, eff. 12-7-95.)
31        (210 ILCS 30/6.8) (from Ch. 111 1/2, par. 4166.8)
32        (Section scheduled to be repealed on January 1, 2000)
                            -15-               LRB9004413LDdv
 1        (Text of Section before amendment by P.A. 89-507)
 2        Sec. 6.8.  Program  audit.   The  Auditor  General  shall
 3    conduct  a  biennial  program  audit  of  the  office  of the
 4    Inspector General in  relation  to  the  Inspector  General's
 5    compliance  with  this  Act.   The  audit  shall specifically
 6    include   the   Inspector    General's    effectiveness    in
 7    investigating   reports   of  alleged  neglect  or  abuse  of
 8    residents in any  facility  operated  by  the  Department  of
 9    Mental  Health  and  Developmental Disabilities and in making
10    recommendations for sanctions to the  Departments  of  Mental
11    Health and Developmental Disabilities and Public Health.  The
12    Auditor  General shall conduct the program audit according to
13    the provisions of the Illinois State Auditing Act  and  shall
14    report  its  findings  to  the General Assembly no later than
15    January 1 of each odd-numbered year.
16        This Section is repealed on January 1, 2000.
17    (Source: P.A. 89-427, eff. 12-7-95.)
18        (Text of Section after amendment by P.A. 89-507)
19        Sec. 6.8.  Program  audit.   The  Auditor  General  shall
20    conduct  a  biennial  program  audit  of  the  office  of the
21    Inspector General in  relation  to  the  Inspector  General's
22    compliance  with  this  Act.   The  audit  shall specifically
23    include   the   Inspector    General's    effectiveness    in
24    investigating   reports   of  alleged  neglect  or  abuse  of
25    residents in any facility operated by the Department of Human
26    Services as successor to the Department of Mental Health  and
27    Developmental  Disabilities and in making recommendations for
28    sanctions to the Departments of  Human  Services  and  Public
29    Health.   The Auditor General shall conduct the program audit
30    according to the provisions of the  Illinois  State  Auditing
31    Act  and shall report its findings to the General Assembly no
32    later than January 1 of each odd-numbered year.
33        This Section is repealed on January 1, 2000.
34    (Source: P.A. 89-427, eff. 12-7-95; 89-507, eff. 7-1-97.)
                            -16-               LRB9004413LDdv
 1        Section 95.  No acceleration or delay.   Where  this  Act
 2    makes changes in a statute that is represented in this Act by
 3    text  that  is not yet or no longer in effect (for example, a
 4    Section represented by multiple versions), the  use  of  that
 5    text  does  not  accelerate or delay the taking effect of (i)
 6    the changes made by this Act or (ii) provisions derived  from
 7    any other Public Act.

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