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91_HB0182eng
HB0182 Engrossed LRB9100213WHmg
1 AN ACT to amend certain Acts in relation to mental
2 health.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Act on the Aging is amended by
6 changing Section 4.04 as follows:
7 (20 ILCS 105/4.04) (from Ch. 23, par. 6104.04)
8 Sec. 4.04. Long Term Care Ombudsman Program.
9 (a) Long Term Care Ombudsman Program. The Department
10 shall establish a Long Term Care Ombudsman Program, through
11 the Office of State Long Term Care Ombudsman ("the Office"),
12 in accordance with the provisions of the Older Americans Act
13 of 1965, as now or hereafter amended.
14 (b) Definitions. As used in this Section, unless the
15 context requires otherwise:
16 (1) "Access" has the same meaning as in Section
17 1-104 of the Nursing Home Care Act, as now or hereafter
18 amended; that is, it means the right to:
19 (i) Enter any long term care facility;
20 (ii) Communicate privately and without
21 restriction with any resident who consents to the
22 communication;
23 (iii) Seek consent to communicate privately
24 and without restriction with any resident;
25 (iv) Inspect the clinical and other records of
26 a resident with the express written consent of the
27 resident;
28 (v) Observe all areas of the long term care
29 facility except the living area of any resident who
30 protests the observation.
31 (2) "Long Term Care Facility" means any facility as
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1 defined by Section 1-113 of the Nursing Home Care Act, as
2 now or hereafter amended.
3 (3) "Ombudsman" means any person employed by the
4 Department to fulfill the requirements of the Office, or
5 any representative of a sub-State long term care
6 ombudsman program; provided that the representative,
7 whether he is paid for or volunteers his ombudsman
8 services, shall be qualified and authorized by the
9 Department to perform the duties of an ombudsman as
10 specified by the Department in rules.
11 (c) Ombudsman; rules. The Office of State Long Term Care
12 Ombudsman shall be composed of at least one full-time
13 ombudsman within the Department and shall include a system of
14 designated sub-State long term care ombudsman programs. Each
15 sub-State program shall be designated by the Department as a
16 subdivision of the Office and any representative of a
17 sub-State program shall be treated as a representative of the
18 Office.
19 The Department shall promulgate administrative rules to
20 establish the responsibilities of the Department and the
21 Office of State Long Term Care Ombudsman. The administrative
22 rules shall include the responsibility of the Office to
23 investigate and resolve complaints made by or on behalf of
24 residents of long term care facilities relating to actions,
25 inaction, or decisions of providers, or their
26 representatives, of long term care facilities, of public
27 agencies, or of social services agencies, which may adversely
28 affect the health, safety, welfare, or rights of such
29 residents. When necessary and appropriate, representatives of
30 the Office shall refer complaints to the appropriate
31 regulatory State agency. The Department shall cooperate with
32 the Department of Human Services in providing information and
33 training to designated sub-State long term care ombudsman
34 programs about the appropriate assessment and treatment
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1 (including information about appropriate supportive services,
2 treatment options, and assessment of rehabilitation
3 potential) of persons with mental illness (other than
4 Alzheimer's disease and related disorders).
5 (d) Access and visitation rights.
6 (1) In accordance with subparagraphs (A) and (E) of
7 paragraph (3) of subsection (c) of Section 1819 and
8 subparagraphs (A) and (E) of paragraph (3) of subsection
9 (c) of Section 1919 of the Social Security Act, as now or
10 hereafter amended (42 U.S.C. 1395i-3 (c)(3)(A) and (E)
11 and 42 U.S.C. 1396r-3 (c)(3)(A) and (E)), and Section
12 307(a)(12) of the Older Americans Act of 1965, as now or
13 hereafter amended, a long term care facility must:
14 (i) permit immediate access to any resident by
15 an ombudsman; and
16 (ii) permit representatives of the Office,
17 with the permission of the resident's legal
18 representative or legal guardian, to examine a
19 resident's clinical and other records, and if a
20 resident is unable to consent to such review, and
21 has no legal guardian, permit representatives of the
22 Office appropriate access, as defined by the
23 Department in administrative rules, to the
24 resident's records.
25 (2) Each long term care facility shall display, in
26 multiple, conspicuous public places within the facility
27 accessible to both visitors and patients and in an easily
28 readable format, the address and phone number of the
29 Office, in a manner prescribed by the Office.
30 (e) Immunity. An ombudsman or any other representative
31 of the Office participating in the good faith performance of
32 his or her official duties shall have immunity from any
33 liability (civil, criminal or otherwise) in any proceedings
34 (civil, criminal or otherwise) brought as a consequence of
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1 the performance of his official duties.
2 (f) Business offenses.
3 (1) No person shall:
4 (i) Intentionally prevent, interfere with, or
5 attempt to impede in any way any representative of
6 the Office in the performance of his official duties
7 under this Act and the Older Americans Act of 1965;
8 or
9 (ii) Intentionally retaliate, discriminate
10 against, or effect reprisals against any long term
11 care facility resident or employee for contacting or
12 providing information to any representative of the
13 Office.
14 (2) A violation of this Section is a business
15 offense, punishable by a fine not to exceed $501.
16 (3) The Director of Aging shall notify the State's
17 Attorney of the county in which the long term care
18 facility is located, or the Attorney General, of any
19 violations of this Section.
20 (g) Confidentiality of records and identities. No files
21 or records maintained by the Office of State Long Term Care
22 Ombudsman shall be disclosed unless the State Ombudsman or
23 the ombudsman having the authority over the disposition of
24 such files authorizes the disclosure in writing. The
25 ombudsman shall not disclose the identity of any complainant,
26 resident, witness or employee of a long term care provider
27 involved in a complaint or report unless such person or such
28 person's guardian or legal representative consents in writing
29 to the disclosure, or the disclosure is required by court
30 order.
31 (h) Legal representation. The Attorney General shall
32 provide legal representation to any representative of the
33 Office against whom suit or other legal action is brought in
34 connection with the performance of the representative's
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1 official duties, in accordance with "An Act to provide for
2 representation and indemnification in certain civil law
3 suits", approved December 3, 1977, as now or hereafter
4 amended.
5 (i) Treatment by prayer and spiritual means. Nothing in
6 this Act shall be construed to authorize or require the
7 medical supervision, regulation or control of remedial care
8 or treatment of any resident in a long term care facility
9 operated exclusively by and for members or adherents of any
10 church or religious denomination the tenets and practices of
11 which include reliance solely upon spiritual means through
12 prayer for healing.
13 (Source: P.A. 90-639, eff. 1-1-99.)
14 Section 10. The Mental Health and Developmental
15 Disabilities Administrative Act is amended by changing
16 Sections 4, 4.3, 7, and 15 as follows:
17 (20 ILCS 1705/4) (from Ch. 91 1/2, par. 100-4)
18 Sec. 4. Supervision of facilities and services;
19 quarterly reports.
20 (a) To exercise executive and administrative supervision
21 over all facilities, divisions, programs and services now
22 existing or hereafter acquired or created under the
23 jurisdiction of the Department, including, but not limited
24 to, the following:
25 The Alton Mental Health Center, at Alton
26 The Clyde L. Choate Mental Health and Developmental
27 Center, at Anna
28 The Chester Mental Health Center, at Chester
29 The Chicago-Read Mental Health Center, at Chicago
30 The Elgin Mental Health Center, at Elgin
31 The Metropolitan Children and Adolescents Center, at
32 Chicago
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1 The Jacksonville Developmental Center, at
2 Jacksonville
3 The Governor Samuel H. Shapiro Developmental Center,
4 at Kankakee
5 The Tinley Park Mental Health Center, at Tinley Park
6 The Warren G. Murray Developmental Center, at
7 Centralia
8 The Jack Mabley Developmental Center, at Dixon
9 The Lincoln Developmental Center, at Lincoln
10 The H. Douglas Singer Mental Health and
11 Developmental Center, at Rockford
12 The John J. Madden Mental Health Center, at Chicago
13 The George A. Zeller Mental Health Center, at Peoria
14 The Andrew McFarland Mental Health Center, at
15 Springfield
16 The Adolf Meyer Mental Health Center, at Decatur
17 The William W. Fox Developmental Center, at Dwight
18 The Elisabeth Ludeman Developmental Center, at Park
19 Forest
20 The William A. Howe Developmental Center, at Tinley
21 Park
22 The Ann M. Kiley Developmental Center, at Waukegan.
23 (b) Beginning not later than July 1, 1977, the
24 Department shall cause each of the facilities under its
25 jurisdiction which provide in-patient care to comply with
26 standards, rules and regulations of the Department of Public
27 Health prescribed under Section 6.05 of the "Hospital
28 Licensing Act", approved July 1, 1953, as amended.
29 (c) The Department shall issue quarterly reports on
30 admissions, deflections, discharges, bed closures,
31 staff-resident ratios, census, average length of stay, and
32 any adverse federal certification or accreditation findings,
33 if any, for each State-operated facility for the mentally ill
34 and developmentally disabled.
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1 (Source: P.A. 87-447; 89-439, eff. 6-1-96; revised 10-31-98.)
2 (20 ILCS 1705/4.3) (from Ch. 91 1/2, par. 100-4.3)
3 Sec. 4.3. Site visits and inspections.
4 (a) Each facility under the jurisdiction of the
5 Department shall be subject to a site visit at least once
6 during each 12-month period biennium by the Citizens Council
7 on Mental Health and Developmental Disabilities as provided
8 in Section 11A-7 of the Legislative Commission Reorganization
9 Act of 1984, as now or hereafter amended.
10 (b) The Department shall establish a system of annual
11 on-site inspections of each facility under its jurisdiction.
12 The inspections shall be conducted by the Department
13 Department's central office to:
14 (1) Determine facility compliance with the statutes
15 relating to patient care and the Department policies and
16 procedures;
17 (2) Determine facility compliance with audit
18 recommendations;
19 (3) Evaluate facility compliance with applicable federal
20 standards;
21 (4) Review and follow up on complaints made by
22 legislators, community mental health organizations agencies
23 and advocates, and on findings of the Human Rights Authority
24 division of the Guardianship and Advocacy Commission; and
25 (5) Review administrative and management problems
26 identified by other sources.
27 (c) Before January 30 of each even-numbered year, the
28 Auditor General shall, with the advice of the Department,
29 certify at least 3 non-profit organizations whose primary
30 purpose is to improve the quality of mental health care in
31 State-operated facilities. The certified organization shall
32 ensure that those persons who have access under this Section
33 comply with all statutory and regulatory provisions governing
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1 recipients' rights, confidentiality, privacy, and safety and
2 that any individual who fails to comply shall not be
3 permitted to continue to participate in assessments. The
4 certified organization shall ensure that individuals shall
5 not be permitted to participate in assessments at any
6 facility at which their presence would conflict with a
7 recipient's right to refuse contact with those individuals.
8 Those organizations shall have access to all the
9 State-operated facilities pursuant to the rules governing the
10 functions of the Inspector General as authorized under the
11 Abused and Neglected Long Term Care Facility Residents
12 Reporting Act. The purpose of the access is to ensure there
13 will be independent assessments for each State-operated
14 facility, not to exceed 4 per year for each facility.
15 However, additional visits may be carried out upon the
16 notification of a specific complaint. The access shall
17 exclude all patient records unless the recipient has
18 permitted the examination of his or her records under the
19 Mental Health and Developmental Disabilities Confidentiality
20 Act.
21 The Department shall adopt rules for certifying the
22 organizations and for establishing reasonable standards and
23 procedures for determining whether the organizations seeking
24 certification provide appropriate training and supervision to
25 those persons who will have access under the statute.
26 The reports of the assessments shall be provided to the
27 Department, to the Speaker of the House of Representatives,
28 the President of the Senate, the Minority Leader of the
29 Senate, the Minority Leader of the House of Representatives,
30 and to others that the organizations may determine. Under no
31 circumstances shall certification or access be denied due to
32 a disagreement by the Department with any positions taken by
33 the organizations with regard to public policy, legislation,
34 regulation, or litigation concerning mental health services,
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1 the operation of, or the quality of care provided by the
2 Department or any mental health provider. The Department
3 shall adopt rules establishing standards and procedures for
4 internal review of any decision denying or terminating access
5 to any organization, including review by the Director or his
6 or her designee. Any organization denied access under this
7 statute by an administrative decision of the Director or his
8 or her designee may have that decision reviewed under the
9 Administrative Review Act.
10 The assessments shall be conducted by the certified
11 organizations at no charge.
12 (Source: P.A. 86-1013.)
13 (20 ILCS 1705/7) (from Ch. 91 1/2, par. 100-7)
14 Sec. 7. To receive and provide the highest possible
15 quality of humane and rehabilitative care and treatment to
16 all persons admitted or committed or transferred in
17 accordance with law to the facilities, divisions, programs,
18 and services under the jurisdiction of the Department. No
19 resident of another state shall be received or retained to
20 the exclusion of any resident of this State. No resident of
21 another state shall be received or retained to the exclusion
22 of any resident of this State. All recipients of 17 years of
23 age and under in residence in a Department facility other
24 than a facility for the care of the mentally retarded shall
25 be housed in quarters separated from older recipients except
26 for: (a) recipients who are placed in medical-surgical units
27 because of physical illness; and (b) recipients between 13
28 and 18 years of age who need temporary security measures.
29 All recipients in a Department facility shall be given a
30 dental examination by a licensed dentist or registered dental
31 hygienist at least once every 18 months and shall be assigned
32 to a dentist for such dental care and treatment as is
33 necessary.
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1 All medications administered to recipients shall be
2 administered only by those persons who are legally qualified
3 to do so by the laws of the State of Illinois. Medication
4 shall not be prescribed until a physical and mental
5 examination of the recipient has been completed. If, in the
6 clinical judgment of a physician, it is necessary to
7 administer medication to a recipient before the completion of
8 the physical and mental examination, he may prescribe such
9 medication but he must file a report with the facility
10 director setting forth the reasons for prescribing such
11 medication within 24 hours of the prescription. A copy of the
12 report shall be part of the recipient's record.
13 No later than January 1, 2000, the Department shall adopt
14 a model protocol and forms for recording all patient
15 diagnosis, care, and treatment at every facility under the
16 jurisdiction of the Department. The model protocol and forms
17 shall be used by each facility unless the Department
18 determines that equivalent alternatives justify an exemption.
19 Every facility under the jurisdiction of the Department
20 shall maintain a copy of each report of suspected abuse or
21 neglect of the patient. Copies of those reports shall be made
22 available to the State Auditor General in connection with his
23 biennial program audit of the facility as required by Section
24 3-2 of the Illinois State Auditing Act.
25 No later than January 1, 2000, every facility under the
26 jurisdiction of the Department and all services provided in
27 those facilities shall comply with all of the applicable
28 standards adopted by the Social Security Administration under
29 Subchapter XVIII (Medicare) of the Social Security Act (42
30 U.S.C. 1395 - 1395ccc), if the facility and services may be
31 eligible for federal financial participation under that
32 federal law.
33 (Source: P.A. 86-922; 86-1013; 86-1475.)
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1 (20 ILCS 1705/15) (from Ch. 91 1/2, par. 100-15)
2 Sec. 15. Before any person is released from a facility
3 operated by the State pursuant to an absolute discharge or a
4 conditional discharge from hospitalization under this Act,
5 the facility director of the facility in which such person is
6 hospitalized shall determine that such person is not
7 currently in need of hospitalization and:
8 (a) is able to live independently in the community;
9 or
10 (b) requires further oversight and supervisory care
11 for which arrangements have been made with responsible
12 relatives or supervised residential program approved by
13 the Department; or
14 (c) requires further personal care or general
15 oversight as defined by the Nursing Home Care Act, for
16 which placement arrangements have been made with a
17 suitable family home or other licensed facility approved
18 by the Department under this Section; or
19 (d) requires community mental health services for
20 which arrangements have been made with a suitable
21 community mental health provider in accordance with
22 criteria, standards, and procedures promulgated by rule.
23 Such determination shall be made in writing and shall
24 become a part of the facility record of such absolutely or
25 conditionally discharged person. When the determination
26 indicates that the condition of the person to be granted an
27 absolute discharge or a conditional discharge is described
28 under subparagraph (c) or (d) of this Section, the name and
29 address of the continuing care facility or home to which such
30 person is to be released shall be entered in the facility
31 record. Where a discharge from a mental health facility is
32 made under subparagraph (c), the Department shall assign the
33 person so discharged to an existing community based
34 not-for-profit agency for participation in day activities
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1 suitable to the person's needs, such as but not limited to
2 social and vocational rehabilitation, and other recreational,
3 educational and financial activities unless the community
4 based not-for-profit agency is unqualified to accept such
5 assignment. Where the clientele of any not-for-profit agency
6 increases as a result of assignments under this amendatory
7 Act of 1977 by more than 3% over the prior year, the
8 Department shall fully reimburse such agency for the costs of
9 providing services to such persons in excess of such 3%
10 increase. The Department shall keep written records detailing
11 how many persons have been assigned to a community based
12 not-for-profit agency and how many persons were not so
13 assigned because the community based agency was unqualified
14 to accept the assignments, in accordance with criteria,
15 standards, and procedures promulgated by rule. Whenever a
16 community based agency is found to be unqualified, the name
17 of the agency and the reason for the finding shall be
18 included in the report.
19 Insofar as desirable in the interests of the former
20 recipient, the facility, program or home in which the
21 discharged person is to be placed shall be located in or near
22 the community in which the person resided prior to
23 hospitalization or in the community in which the person's
24 family or nearest next of kin presently reside. Placement of
25 the discharged person in facilities, programs or homes
26 located outside of this State shall not be made by the
27 Department unless there are no appropriate facilities,
28 programs or homes available within this State. Out-of-state
29 placements shall be subject to return of recipients so placed
30 upon the availability of facilities, programs or homes within
31 this State to accommodate these recipients, except where
32 placement in a contiguous state results in locating a
33 recipient in a facility or program closer to the recipient's
34 home or family. If an appropriate facility or program
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1 becomes available equal to or closer to the recipient's home
2 or family, the recipient shall be returned to and placed at
3 the appropriate facility or program within this State.
4 To place any person who is under a program of the
5 Department at board in a suitable family home or in such
6 other facility or program as the Department may consider
7 desirable. The Department may place in licensed nursing
8 homes, sheltered care homes, or homes for the aged those
9 persons whose behavioral manifestations and medical and
10 nursing care needs are such as to be substantially
11 indistinguishable from persons already living in such
12 facilities. Prior to any placement by the Department under
13 this Section, a determination shall be made by the personnel
14 of the Department, as to the capability and suitability of
15 such facility to adequately meet the needs of the person to
16 be discharged. When specialized programs are necessary in
17 order to enable persons in need of supervised living to
18 develop and improve in the community, the Department shall
19 place such persons only in specialized residential care
20 facilities which shall meet Department standards including
21 restricted admission policy, special staffing and programming
22 for social and vocational rehabilitation, in addition to the
23 requirements of the appropriate State licensing agency. The
24 Department shall not place any new person in a facility the
25 license of which has been revoked or not renewed on grounds
26 of inadequate programming, staffing, or medical or adjunctive
27 services, regardless of the pendency of an action for
28 administrative review regarding such revocation or failure to
29 renew. Before the Department may transfer any person to a
30 licensed nursing home, sheltered care home or home for the
31 aged or place any person in a specialized residential care
32 facility the Department shall notify the person to be
33 transferred, or a responsible relative of such person, in
34 writing, at least 30 days before the proposed transfer, with
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1 respect to all the relevant facts concerning such transfer,
2 except in cases of emergency when such notice is not
3 required. If either the person to be transferred or a
4 responsible relative of such person objects to such transfer,
5 in writing to the Department, at any time after receipt of
6 notice and before the transfer, the facility director of the
7 facility in which the person was a recipient shall
8 immediately schedule a hearing at the facility with the
9 presence of the facility director, the person who objected to
10 such proposed transfer, and a psychiatrist who is familiar
11 with the record of the person to be transferred. Such person
12 to be transferred or a responsible relative may be
13 represented by such counsel or interested party as he may
14 appoint, who may present such testimony with respect to the
15 proposed transfer. Testimony presented at such hearing shall
16 become a part of the facility record of the
17 person-to-be-transferred. The record of testimony shall be
18 held in the person-to-be-transferred's record in the central
19 files of the facility. If such hearing is held a transfer may
20 only be implemented, if at all, in accordance with the
21 results of such hearing. Within 15 days after such hearing
22 the facility director shall deliver his findings based on the
23 record of the case and the testimony presented at the
24 hearing, by registered or certified mail, to the parties to
25 such hearing. The findings of the facility director shall be
26 deemed a final administrative decision of the Department. For
27 purposes of this Section, "case of emergency" means those
28 instances in which the health of the person to be transferred
29 is imperiled and the most appropriate mental health care or
30 medical care is available at a licensed nursing home,
31 sheltered care home or home for the aged or a specialized
32 residential care facility.
33 Prior to placement of any person in a facility under this
34 Section the Department shall ensure that an appropriate
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1 training plan for staff is provided by the facility. Said
2 training may include instruction and demonstration by
3 Department personnel qualified in the area of mental illness
4 or mental retardation, as applicable to the person to be
5 placed. Training may be given both at the facility from
6 which the recipient is transferred and at the facility
7 receiving the recipient, and may be available on a continuing
8 basis subsequent to placement. In a facility providing
9 services to former Department recipients, training shall be
10 available as necessary for facility staff. Such training
11 will be on a continuing basis as the needs of the facility
12 and recipients change and further training is required.
13 The Department shall not place any person in a facility
14 which does not have appropriately trained staff in sufficient
15 numbers to accommodate the recipient population already at
16 the facility. As a condition of further or future placements
17 of persons, the Department shall require the employment of
18 additional trained staff members at the facility where said
19 persons are to be placed. The Secretary, or his or her
20 designate, shall establish written guidelines for placement
21 of persons in facilities under this Act. The Department shall
22 keep written records detailing which facilities have been
23 determined to have appropriately trained staff, which
24 facilities have been determined not to have such staff, and
25 all training which it has provided or required under this
26 Section.
27 Bills for the support for a person boarded out shall be
28 payable monthly out of the proper maintenance funds and shall
29 be audited as any other accounts of the Department. If a
30 person is placed in a facility or program outside the
31 Department, the Department may pay the actual costs of
32 residence, treatment or maintenance in such facility and may
33 collect such actual costs or a portion thereof from the
34 recipient or the estate of a person placed in accordance with
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1 this Section.
2 Other than those placed in a family home the Department
3 shall cause all persons who are placed in a facility, as
4 defined by the Nursing Home Care Act, or in designated
5 community living situations or programs, to be visited at
6 least once during the first month following placement, and
7 once every month thereafter for the first year following
8 placement when indicated, but at least quarterly. After the
9 first year, visits shall be made at least once per year for
10 as long as the placement continues. If a long term care
11 facility has periodic care plan conferences, the visitor may
12 participate in those conferences. Visits shall be made by
13 qualified and trained Department personnel, or their
14 designee, in the area of mental health or developmental
15 disabilities applicable to the person visited, and shall be
16 made on a more frequent basis when indicated. The Department
17 may not use as designee any personnel connected with or
18 responsible to the representatives of any facility in which
19 persons who have been transferred under this Section are
20 placed. In the course of such visit there shall be
21 consideration of the following areas, but not limited
22 thereto: effects of transfer on physical and mental health
23 of the person, sufficiency of nursing care and medical
24 coverage required by the person, sufficiency of staff
25 personnel and ability to provide basic care for the person,
26 social, recreational and programmatic activities available
27 for the person, and other appropriate aspects of the person's
28 environment.
29 A report containing the above observations shall be made
30 to the Department and to any other appropriate agency
31 subsequent to each visitation. The report shall contain a
32 detailed assessment of whether the recipient is receiving
33 adequate and humane care and services in the least
34 restrictive environment. If the recipient is not receiving
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1 those services, the Department shall either require that the
2 facility modify the treatment plan to ensure that those
3 services are provided or make arrangements necessary to
4 provide those services elsewhere. At the conclusion of one
5 year following absolute or conditional discharge, or a longer
6 period of time if required by the Department, the Department
7 may terminate the visitation requirements of this Section as
8 to a person placed in accordance with this Section, by filing
9 a written statement of termination setting forth reasons to
10 substantiate the termination of visitations in the person's
11 file, and sending a copy thereof to the person, and to his
12 guardian or next of kin.
13 Upon the complaint of any person placed in accordance
14 with this Section or any responsible citizen or upon
15 discovery that such person has been abused, neglected, or
16 improperly cared for, or that the placement does not provide
17 the type of care required by the recipient's current
18 condition, the Department immediately shall investigate, and
19 determine if the well-being, health, care, or safety of any
20 person is affected by any of the above occurrences, and if
21 any one of the above occurrences is verified, the Department
22 shall remove such person at once to a facility of the
23 Department or to another facility outside the Department,
24 provided such person's needs can be met at said facility.
25 The Department may also provide any person placed in
26 accordance with this Section who is without available funds,
27 and who is permitted to engage in employment outside the
28 facility, such sums for the transportation, and other
29 expenses as may be needed by him until he receives his wages
30 for such employment.
31 The Department shall promulgate rules and regulations
32 governing the purchase of care for persons who are wards of
33 or who are receiving services from the Department. Such
34 rules and regulations shall apply to all monies expended by
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1 any agency of the State of Illinois for services rendered by
2 any person, corporate entity, agency, governmental agency or
3 political subdivision whether public or private outside of
4 the Department whether payment is made through a contractual,
5 per-diem or other arrangement. No funds shall be paid to any
6 person, corporation, agency, governmental entity or political
7 subdivision without compliance with such rules and
8 regulations.
9 The rules and regulations governing purchase of care
10 shall describe categories and types of service deemed
11 appropriate for purchase by the Department.
12 Any provider of services under this Act may elect to
13 receive payment for those services, and the Department is
14 authorized to arrange for that payment, by means of direct
15 deposit transmittals to the service provider's account
16 maintained at a bank, savings and loan association, or other
17 financial institution. The financial institution shall be
18 approved by the Department, and the deposits shall be in
19 accordance with rules and regulations adopted by the
20 Department.
21 The Department shall keep written records of the number
22 of persons it places in long term care facilities each year.
23 The records shall include the name and address of each
24 facility and the diagnosis of each individual so placed.
25 (Source: P.A. 89-507, eff. 7-1-97; 90-423, eff. 8-15-97.)
26 Section 12. The Abused and Neglected Long Term Care
27 Facility Residents Reporting Act is amended by changing
28 Sections 6.2, 6.3, 6.4, 6.5, 6.6, 6.7, and 6.8 and adding
29 Section 6.9 as follows:
30 (210 ILCS 30/6.2) (from Ch. 111 1/2, par. 4166.2)
31 (Section scheduled to be repealed on January 1, 2000)
32 Sec. 6.2. Inspector General.
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1 (a) The Governor shall appoint, and the Senate shall
2 confirm, an Inspector General. The Inspector General shall
3 be appointed for a term of 4 years and who shall function
4 within the Department of Human Services and report to the
5 Secretary of Human Services and the Governor. The Inspector
6 General shall function independently within the Department of
7 Human Services with respect to the operations of the office,
8 including the performance of investigations and issuance of
9 findings and recommendations. The Inspector General shall
10 independently submit to the Governor any request for
11 appropriations necessary for the ordinary and contingent
12 expenses of the Office of Inspector General, and
13 appropriations for that office shall be separate from the
14 Department of Human Services. The Inspector General shall
15 investigate reports of suspected abuse or neglect (as those
16 terms are defined in Section 3 of this Act) of patients or
17 residents in any mental health or developmental disabilities
18 facility operated by the Department of Human Services and
19 shall have authority to investigate and take immediate action
20 on reports of abuse or neglect of recipients, whether
21 patients or residents, in any mental health or developmental
22 disabilities facility or program that is licensed or
23 certified by the Department of Human Services (as successor
24 to the Department of Mental Health and Developmental
25 Disabilities) or that is funded by the Department of Human
26 Services (as successor to the Department of Mental Health and
27 Developmental Disabilities) and is not licensed or certified
28 by any agency of the State. At the specific, written request
29 of an agency of the State other than the Department of Human
30 Services (as successor to the Department of Mental Health and
31 Developmental Disabilities), the Inspector General may
32 cooperate in investigating reports of abuse and neglect of
33 persons with mental illness or persons with developmental
34 disabilities. The Inspector General shall have no
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1 supervision over or involvement in routine, programmatic,
2 licensure, or certification operations of the Department of
3 Human Services or any of its funded agencies.
4 The Inspector General shall promulgate rules establishing
5 minimum requirements for reporting allegations of abuse and
6 neglect and initiating, conducting, and completing
7 investigations. The promulgated rules shall clearly set
8 forth that in instances where 2 or more State agencies could
9 investigate an allegation of abuse or neglect, the Inspector
10 General shall not conduct an investigation that is redundant
11 to an investigation conducted by another State agency. The
12 rules shall establish criteria for determining, based upon
13 the nature of the allegation, the appropriate method of
14 investigation, which may include, but need not be limited to,
15 site visits, telephone contacts, or requests for written
16 responses from agencies. The rules shall also clarify how
17 the Office of the Inspector General shall interact with the
18 licensing unit of the Department of Human Services in
19 investigations of allegations of abuse or neglect. Any
20 allegations or investigations of reports made pursuant to
21 this Act shall remain confidential until a final report is
22 completed. The resident or patient who allegedly was abused
23 or neglected and his or her legal guardian shall be informed
24 by the facility or agency of the report of alleged abuse or
25 neglect. Final reports regarding unsubstantiated or unfounded
26 allegations shall remain confidential, except that final
27 reports may be disclosed pursuant to Section 6 of this Act.
28 The Inspector General shall be appointed for a term of 4
29 years.
30 (b) The Inspector General shall within 24 hours after
31 receiving a report of suspected abuse or neglect determine
32 whether the evidence indicates that any possible criminal act
33 has been committed. If he determines that a possible criminal
34 act has been committed, or that special expertise is required
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1 in the investigation, he shall immediately notify the
2 Department of State Police. The Department of State Police
3 shall investigate any report indicating a possible murder,
4 rape, or other felony. All investigations conducted by the
5 Inspector General shall be conducted in a manner designed to
6 ensure the preservation of evidence for possible use in a
7 criminal prosecution.
8 (b-5) The Inspector General shall make a determination
9 to accept or reject a preliminary report of the investigation
10 of alleged abuse or neglect based on established
11 investigative procedures. The facility or agency may request
12 clarification or reconsideration based on additional
13 information. For cases where the allegation of abuse or
14 neglect is substantiated, the Inspector General shall require
15 the facility or agency to submit a written response. The
16 written response from a facility or agency shall address in a
17 concise and reasoned manner the actions that the agency or
18 facility will take or has taken to protect the resident or
19 patient from abuse or neglect, prevent reoccurrences, and
20 eliminate problems identified and shall include
21 implementation and completion dates for all such action.
22 (c) The Inspector General shall, within 10 calendar days
23 after the transmittal date of a completed investigation where
24 abuse or neglect is substantiated or administrative action is
25 recommended, provide a complete report on the case to the
26 Secretary of Human Services and to the agency in which the
27 abuse or neglect is alleged to have happened. The complete
28 report shall include a written response from the agency or
29 facility operated by the State to the Inspector General that
30 addresses in a concise and reasoned manner the actions that
31 the agency or facility will take or has taken to protect the
32 resident or patient from abuse or neglect, prevent
33 reoccurrences, and eliminate problems identified and shall
34 include implementation and completion dates for all such
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1 action. The Secretary of Human Services shall accept or
2 reject the response and establish how the Department will
3 determine whether the facility or program followed the
4 approved response. The Secretary may require Department
5 personnel to visit the facility or agency for training,
6 technical assistance, programmatic, licensure, or
7 certification purposes. Administrative action, including
8 sanctions, may be applied should the Secretary reject the
9 response or should the facility or agency fail to follow the
10 approved response. The facility or agency shall inform the
11 resident or patient and the legal guardian whether the
12 reported allegation was substantiated, unsubstantiated, or
13 unfounded. There shall be an appeals process for any person
14 or agency that is subject to any action based on a
15 recommendation or recommendations.
16 (d) The Inspector General may recommend to the
17 Departments of Public Health and Human Services sanctions to
18 be imposed against mental health and developmental
19 disabilities facilities under the jurisdiction of the
20 Department of Human Services for the protection of residents,
21 including appointment of on-site monitors or receivers,
22 transfer or relocation of residents, and closure of units.
23 The Inspector General may seek the assistance of the Attorney
24 General or any of the several State's attorneys in imposing
25 such sanctions. Whenever the Inspector General issues any
26 recommendations to the Secretary of Human Services, the
27 Secretary shall provide a written response.
28 (e) The Inspector General shall establish and conduct
29 periodic training programs for Department of Human Services
30 employees concerning the prevention and reporting of neglect
31 and abuse.
32 (f) The Inspector General shall at all times be granted
33 access to any mental health or developmental disabilities
34 facility operated by the Department of Human Services, shall
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1 establish and conduct unannounced site visits to those
2 facilities at least once annually, and shall be granted
3 access, for the purpose of investigating a report of abuse or
4 neglect, to the records of the Department of Human Services
5 and to any facility or program funded by the Department of
6 Human Services that is subject under the provisions of this
7 Section to investigation by the Inspector General for a
8 report of abuse or neglect.
9 (g) Nothing in this Section shall limit investigations
10 by the Department of Human Services that may otherwise be
11 required by law or that may be necessary in that Department's
12 capacity as the central administrative authority responsible
13 for the operation of State mental health and developmental
14 disability facilities.
15 (h) This Section is repealed on January 1, 2000.
16 (Source: P.A. 89-427, eff. 12-7-95; 89-507, eff. 7-1-97;
17 90-252, eff. 7-29-97; 90-512, eff. 8-22-97; 90-655, eff.
18 7-30-98.)
19 (210 ILCS 30/6.3) (from Ch. 111 1/2, par. 4166.3)
20 (Section scheduled to be repealed on January 1, 2000)
21 Sec. 6.3. Quality Care Board. There is created, within
22 the Department of Human Services' Office of the Inspector
23 General, a Quality Care Board to be composed of 7 members
24 appointed by the Governor with the advice and consent of the
25 Senate. One of the members shall be designated as chairman
26 by the Governor. Of the initial appointments made by the
27 Governor, 4 Board members shall each be appointed for a term
28 of 4 years and 3 members shall each be appointed for a term
29 of 2 years. Upon the expiration of each member's term, a
30 successor shall be appointed for a term of 4 years. In the
31 case of a vacancy in the office of any member, the Governor
32 shall appoint a successor for the remainder of the unexpired
33 term.
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1 Members appointed by the Governor shall be qualified by
2 professional knowledge or experience in the area of law,
3 investigatory techniques, or in the area of care of the
4 mentally ill or developmentally disabled. Two members
5 appointed by the Governor shall be persons with a disability
6 or a parent of a person with a disability. Members shall
7 serve without compensation, but shall be reimbursed for
8 expenses incurred in connection with the performance of their
9 duties as members.
10 The Board shall meet quarterly, and may hold other
11 meetings on the call of the chairman. Four members shall
12 constitute a quorum. The Board may adopt rules and
13 regulations it deems necessary to govern its own procedures.
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 30/6.4) (from Ch. 111 1/2, par. 4166.4)
17 (This Section is scheduled to be repealed January 1,
18 2000.)
19 Sec. 6.4. Scope and function of the Quality Care Board.
20 The Board shall monitor and oversee the operations, policies,
21 and procedures of the Inspector General to assure the prompt
22 and thorough investigation of allegations of neglect and
23 abuse. In fulfilling these responsibilities, the Board may
24 do the following:
25 (1) Provide independent, expert consultation to the
26 Inspector General on policies and protocols for
27 investigations of alleged neglect and abuse.
28 (2) Review existing regulations relating to the
29 operation of facilities under the control of the
30 Department of Human Services.
31 (3) Advise the Inspector General as to the content
32 of training activities authorized under Section 6.2.
33 (4) Recommend policies concerning methods for
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1 improving the intergovernmental relationships between the
2 office of the Inspector General and other State or
3 federal agencies.
4 This Section is repealed on January 1, 2000.
5 (Source: P.A. 89-427, eff. 12-7-95.)
6 (210 ILCS 30/6.5) (from Ch. 111 1/2, par. 4166.5)
7 (Section scheduled to be repealed on January 1, 2000)
8 Sec. 6.5. Investigators. Within 60 days after the
9 effective date of this amendatory Act of 1992, The Inspector
10 General shall establish a comprehensive program to ensure
11 that every person employed or newly hired to conduct
12 investigations shall receive training on an on-going basis
13 concerning investigative techniques, communication skills,
14 and the appropriate means of contact with persons admitted or
15 committed to the mental health or developmental disabilities
16 facilities under the jurisdiction of the Department of Human
17 Services.
18 This Section is repealed on January 1, 2000.
19 (Source: P.A. 89-427, eff. 12-7-95; 89-507, eff. 7-1-97.)
20 (210 ILCS 30/6.6) (from Ch. 111 1/2, par. 4166.6)
21 (This Section is scheduled to be repealed January 1,
22 2000.)
23 Sec. 6.6. Subpoenas; testimony; penalty. The Inspector
24 General shall have the power to subpoena witnesses and compel
25 the production of books and papers pertinent to an
26 investigation authorized by this Act, provided that the power
27 to subpoena or to compel the production of books and papers
28 shall not extend to the person or documents of a labor
29 organization or its representatives insofar as the person or
30 documents of a labor organization relate to the function of
31 representing an employee subject to investigation under this
32 Act. Mental health records of patients shall be confidential
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1 as provided under the Mental Health and Developmental
2 Disabilities Confidentiality Act. Any person who fails to
3 appear in response to a subpoena or to answer any question or
4 produce any books or papers pertinent to an investigation
5 under this Act, except as otherwise provided in this Section,
6 or who knowingly gives false testimony in relation to an
7 investigation under this Act is guilty of a Class A
8 misdemeanor.
9 This Section is repealed on January 1, 2000.
10 (Source: P.A. 89-427, eff. 12-7-95.)
11 (210 ILCS 30/6.7) (from Ch. 111 1/2, par. 4166.7)
12 (This Section is scheduled to be repealed January 1,
13 2000.)
14 Sec. 6.7. Annual report. The Inspector General shall
15 provide to the General Assembly and the Governor, no later
16 than January 1 of each year, a summary of reports and
17 investigations made under this Act for the prior fiscal year
18 with respect to residents of institutions under the
19 jurisdiction of the Department of Human Services. The report
20 shall detail the imposition of sanctions and the final
21 disposition of those recommendations. The summaries shall
22 not contain any confidential or identifying information
23 concerning the subjects of the reports and investigations.
24 The report shall also include a trend analysis of the number
25 of reported allegations and their disposition, for each
26 facility and Department-wide, for the most recent 3-year time
27 period and a statement, for each facility, of the
28 staffing-to-patient ratios. The ratios shall include only
29 the number of direct care staff. The report shall also
30 include detailed recommended administrative actions and
31 matters for consideration by the General Assembly.
32 This Section is repealed on July 1, 2000.
33 (Source: P.A. 89-427, eff. 12-7-95.)
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1 (210 ILCS 30/6.8) (from Ch. 111 1/2, par. 4166.8)
2 (Section scheduled to be repealed on January 1, 2000)
3 Sec. 6.8. Program audit. The Auditor General shall
4 conduct a biennial program audit of the office of the
5 Inspector General in relation to the Inspector General's
6 compliance with this Act. The audit shall specifically
7 include the Inspector General's effectiveness in
8 investigating reports of alleged neglect or abuse of
9 residents in any facility operated by the Department of Human
10 Services and in making recommendations for sanctions to the
11 Departments of Human Services and Public Health. The Auditor
12 General shall conduct the program audit according to the
13 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; 89-507, eff. 7-1-97.)
18 (210 ILCS 30/6.9 new)
19 Sec. 6.9. System evaluations; mental health facilities.
20 The agency designated by the Governor under Section 1 of the
21 Protection and Advocacy for Developmentally Disabled Persons
22 Act is authorized to periodically evaluate abuse, neglect,
23 deaths, and other safety-related issues in mental health
24 facilities, as defined in the Mental Health and Developmental
25 Disabilities Code, and the effectiveness of the State's
26 systems that address these issues. To enable the agency
27 designated by the Governor to fulfill its obligations
28 pursuant to this Section, the agency shall have authority to
29 the same extent as that provided to the Inspector General of
30 the Department of Human Services. Nothing in this Section
31 limits the agency's authority as the State's designated
32 protection and advocacy system. All identifiable information
33 in records provided pursuant to this Section shall not be
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1 further disclosed except as provided by the Mental Health and
2 Developmental Disabilities Confidentiality Act. The scope of
3 these studies shall be based on the available appropriation.
4 Nothing in this Section prevents the agency designated by the
5 Governor from securing other public or private funds to carry
6 out studies pursuant to this Section. The agency shall
7 provide a report to the General Assembly and the Governor
8 regarding any system evaluations authorized by this Section.
9 Section 15. The Nursing Home Care Act is amended by
10 changing Sections 1-113, 2-104, 2-106, 2-106.1, 3-203, and
11 3-212 as follows:
12 (210 ILCS 45/1-113) (from Ch. 111 1/2, par. 4151-113)
13 Sec. 1-113. "Facility" or "long-term care facility"
14 means a private home, institution, building, residence, or
15 any other place, whether operated for profit or not, or a
16 county home for the infirm and chronically ill operated
17 pursuant to Division 5-21 or 5-22 of the Counties Code, or
18 any similar institution operated by a political subdivision
19 of the State of Illinois, which provides, through its
20 ownership or management, personal care, sheltered care or
21 nursing for 3 or more persons, not related to the applicant
22 or owner by blood or marriage. It includes skilled nursing
23 facilities and intermediate care facilities as those terms
24 are defined in Title XVIII and Title XIX of the Federal
25 Social Security Act. It shall also include classifications of
26 such facilities, including but not limited to "Residential
27 Rehabilitation Facilities" which are primarily engaged in
28 providing diagnosis, treatment, or care of persons with
29 mental illness, which includes medical attention, nursing
30 care and related services. It also includes homes,
31 institutions, or other places operated by or under the
32 authority of the Illinois Department of Veterans' Affairs.
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1 "Facility" does not include the following:
2 (1) A home, institution, or other place operated by the
3 federal government or agency thereof, or by the State of
4 Illinois, other than homes, institutions, or other places
5 operated by or under the authority of the Illinois Department
6 of Veterans' Affairs;
7 (2) A hospital, sanitarium, or other institution whose
8 principal activity or business is the diagnosis, care, and
9 treatment of human illness through the maintenance and
10 operation as organized facilities therefor, which is required
11 to be licensed under the Hospital Licensing Act;
12 (3) Any "facility for child care" as defined in the
13 Child Care Act of 1969;
14 (4) Any "Community Living Facility" as defined in the
15 Community Living Facilities Licensing Act;
16 (5) Any "community residential alternative" as defined
17 in the Community Residential Alternatives Licensing Act;
18 (6) Any nursing home or sanatorium operated solely by
19 and for persons who rely exclusively upon treatment by
20 spiritual means through prayer, in accordance with the creed
21 or tenets of any well-recognized church or religious
22 denomination. However, such nursing home or sanatorium shall
23 comply with all local laws and rules relating to sanitation
24 and safety;
25 (7) Any facility licensed by the Department of Human
26 Services as a community-integrated living arrangement as
27 defined in the Community-Integrated Living Arrangements
28 Licensure and Certification Act;
29 (8) Any "Supportive Residence" licensed under the
30 Supportive Residences Licensing Act; or
31 (9) Any "supportive living facility" in good standing
32 with the demonstration project established under Section
33 5-5.01a of the Illinois Public Aid Code.
34 (Source: P.A. 89-499, eff. 6-28-96; 89-507, eff. 7-1-97;
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1 90-14, eff. 7-1-97; 90-763, eff. 8-14-98.)
2 (210 ILCS 45/2-104) (from Ch. 111 1/2, par. 4152-104)
3 Sec. 2-104. (a) A resident shall be permitted to retain
4 the services of his own personal physician at his own expense
5 or under an individual or group plan of health insurance, or
6 under any public or private assistance program providing such
7 coverage. However, the facility is not liable for the
8 negligence of any such personal physician. Every resident
9 shall be permitted to obtain from his own physician or the
10 physician attached to the facility complete and current
11 information concerning his medical diagnosis, treatment and
12 prognosis in terms and language the resident can reasonably
13 be expected to understand. Every resident shall be permitted
14 to participate in the planning of his total care and medical
15 treatment to the extent that his condition permits. No
16 resident shall be subjected to experimental research or
17 treatment without first obtaining his informed, written
18 consent. The conduct of any experimental research or
19 treatment shall be authorized and monitored by an
20 institutional review committee appointed by the administrator
21 of the facility where such research and treatment is
22 conducted. The membership, operating procedures and review
23 criteria for institutional review committees shall be
24 prescribed under rules and regulations of the Department.
25 (b) All medical treatment and procedures shall be
26 administered as ordered by a physician. All new physician
27 orders shall be reviewed by the facility's director of
28 nursing or charge nurse designee within 24 hours after such
29 orders have been issued to assure facility compliance with
30 such orders.
31 According to rules adopted by the Department, every woman
32 resident of child-bearing age shall receive routine
33 obstetrical and gynecological evaluations as well as
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1 necessary prenatal care.
2 Every resident with a diagnosis of mental illness (other
3 than Alzheimer's disease or a related disorder) shall receive
4 necessary mental health services in accordance with rules
5 promulgated by the Department under Section 3-203 of this
6 Act, including but not limited to medical management,
7 individual and group therapy, psychosocial rehabilitation,
8 vocational services, and partial hospitalization.
9 (c) Every resident shall be permitted to refuse medical
10 treatment and to know the consequences of such action, unless
11 such refusal would be harmful to the health and safety of
12 others and such harm is documented by a physician in the
13 resident's clinical record. The resident's refusal shall
14 free the facility from the obligation to provide the
15 treatment.
16 (d) Every resident, resident's guardian, or parent if
17 the resident is a minor shall be permitted to inspect and
18 copy all his clinical and other records concerning his care
19 and maintenance kept by the facility or by his physician. The
20 facility may charge a reasonable fee for duplication of a
21 record.
22 (Source: P.A. 86-1013.)
23 (210 ILCS 45/2-106) (from Ch. 111 1/2, par. 4152-106)
24 Sec. 2-106. (a) For purposes of this Act, (i) a physical
25 restraint is any manual method or physical or mechanical
26 device, material, or equipment attached or adjacent to a
27 resident's body that the resident cannot remove easily and
28 restricts freedom of movement or normal access to one's body;
29 (ii) a chemical restraint is any drug used for discipline or
30 convenience and not required to treat medical symptoms. The
31 Department shall by rule, designate certain devices as
32 restraints, including at least all those devices which have
33 been determined to be restraints by the United States
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1 Department of Health and Human Services in interpretive
2 guidelines issued for the purposes of administering Titles 18
3 and 19 of the Social Security Acts.
4 (b) Neither restraints nor confinements shall be
5 employed for the purpose of punishment or for the convenience
6 of any facility personnel. No restraints or confinements
7 shall be employed except as ordered by a physician who
8 documents the need for such restraints or confinements in the
9 resident's clinical record. Whenever a resident of an
10 institution for mental diseases is restrained, a member of
11 the facility staff shall remain with the resident at all
12 times unless the recipient has been confined. A resident who
13 is restrained and confined shall be observed by a qualified
14 person as often as is clinically appropriate but in no event
15 less often than once every 15 minutes.
16 (c) A restraint may be used only with the informed
17 consent of the resident, the resident's guardian, or other
18 authorized representative. A restraint may be used only for
19 specific periods, if it is the least restrictive means
20 necessary to attain and maintain the resident's highest
21 practicable physical, mental or psychosocial well-being,
22 including brief periods of time to provide necessary
23 life-saving treatment. A restraint may be used only after
24 consultation with appropriate health professionals, such as
25 occupational or physical therapists, and a trial of less
26 restrictive measures has led to the determination that the
27 use of less restrictive measures would not attain or maintain
28 the resident's highest practicable physical, mental or
29 psychosocial well-being. However, if the resident needs
30 emergency care, restraints may be used for brief periods to
31 permit medical treatment to proceed unless the facility has
32 notice that the resident has previously made a valid refusal
33 of the treatment in question.
34 (d) A restraint may be applied only by a person trained
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1 in the application of the particular type of restraint.
2 (e) Whenever a period of use of a restraint is
3 initiated, the resident shall be advised of his or her right
4 to have a person or organization of his or her choosing,
5 including the Guardianship and Advocacy Commission, notified
6 of the use of the restraint. A recipient who is under
7 guardianship may request that a person or organization of his
8 or her choosing be notified of the restraint, whether or not
9 the guardian approves the notice. If the resident so
10 chooses, the facility shall make the notification within 24
11 hours, including any information about the period of time
12 that the restraint is to be used. Whenever the Guardianship
13 and Advocacy Commission is notified that a resident has been
14 restrained, it shall contact the resident to determine the
15 circumstances of the restraint and whether further action is
16 warranted.
17 (f) Whenever a restraint is used on a resident whose
18 primary mode of communication is sign language, the resident
19 shall be permitted to have his or her hands free from
20 restraint for brief periods each hour, except when this
21 freedom may result in physical harm to the resident or
22 others.
23 (g) The requirements of this Section are intended to
24 control in any conflict with the requirements of Sections
25 1-126 and 2-108 of the Mental Health and Developmental
26 Disabilities Code.
27 (Source: P.A. 88-413.)
28 (210 ILCS 45/2-106.1)
29 Sec. 2-106.1. Drug treatment.
30 (a) A resident shall not be given unnecessary drugs. An
31 unnecessary drug is any drug used in an excessive dose,
32 including in duplicative therapy; for excessive duration;
33 without adequate monitoring; without adequate indications for
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1 its use; or in the presence of adverse consequences that
2 indicate the drugs should be reduced or discontinued. The
3 Department shall adopt, by rule, the standards for
4 unnecessary drugs contained in interpretive guidelines issued
5 by the United States Department of Health and Human Services
6 for the purposes of administering titles 18 and 19 of the
7 Social Security Act.
8 (b) Psychotropic medication shall not be prescribed
9 without the informed consent of the resident, the resident's
10 guardian, or other authorized representative. "Psychotropic
11 medication" means medication that is used for or listed as
12 used for antipsychotic, antidepressant, antimanic, or
13 antianxiety behavior modification or behavior management
14 purposes in the latest editions of the AMA Drug Evaluations
15 or the Physician's Desk Reference.
16 (c) The requirements of this Section are intended to
17 control in a conflict with the requirements of Sections 2-102
18 1-102 and 2-107.2 of the Mental Health and Developmental
19 Disabilities Code with respect to the administration of
20 psychotropic medication.
21 (Source: P.A. 88-413.)
22 (210 ILCS 45/3-203) (from Ch. 111 1/2, par. 4153-203)
23 Sec. 3-203. In licensing any facility for persons with a
24 developmental disability or persons suffering from mental
25 illness (other than Alzheimer's disease or related disorders)
26 emotional or behavioral disorders, the Department shall
27 consult with the Department of Human Services in developing
28 minimum standards for such persons. The Department shall
29 establish standards for the diagnosis, treatment and care of
30 all persons with mental illness in facilities licensed under
31 this Act, including, but not limited to, the establishment
32 and operation of facilities classified under this Act as
33 "Residential Rehabilitation Facilities". Standards for
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1 "Residential Rehabilitation Facilities" shall be promulgated
2 and effective by October 1, 1999 or on the effective date of
3 this amendatory Act of the 91st General Assembly, whichever
4 is later.
5 (Source: P.A. 88-380; 89-507, eff. 7-1-97.)
6 (210 ILCS 45/3-212) (from Ch. 111 1/2, par. 4153-212)
7 Sec. 3-212. Inspection.
8 (a) The Department, whenever it deems necessary in
9 accordance with subsection (b), shall inspect, survey and
10 evaluate every facility to determine compliance with
11 applicable licensure requirements and standards. An
12 inspection should occur within 120 days prior to license
13 renewal. The Department may periodically visit a facility
14 for the purpose of consultation. An inspection, survey, or
15 evaluation, other than an inspection of financial records,
16 shall be conducted without prior notice to the facility. A
17 visit for the sole purpose of consultation may be announced.
18 The Department shall provide training to surveyors about the
19 appropriate assessment, care planning, and care of persons
20 with mental illness (other than Alzheimer's disease or
21 related disorders) to enable its surveyors to determine
22 whether a facility is complying with State and federal
23 requirements about the assessment, care planning, and care of
24 those persons.
25 (a-1) An employee of a State or unit of local government
26 agency charged with inspecting, surveying, and evaluating
27 facilities who directly or indirectly gives prior notice of
28 an inspection, survey, or evaluation, other than an
29 inspection of financial records, to a facility or to an
30 employee of a facility is guilty of a Class A misdemeanor.
31 (a-2) An employee of a State or unit of local government
32 agency charged with inspecting, surveying, or evaluating
33 facilities who willfully profits from violating the
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1 confidentiality of the inspection, survey, or evaluation
2 process shall be guilty of a Class 4 felony and that conduct
3 shall be deemed unprofessional conduct that may subject a
4 person to loss of his or her professional license. An action
5 to prosecute a person for violating this subsection (a-2) may
6 be brought by either the Attorney General or the State's
7 Attorney in the county where the violation took place.
8 (b) In determining whether to make more than the
9 required number of unannounced inspections, surveys and
10 evaluations of a facility the Department shall consider one
11 or more of the following: previous inspection reports; the
12 facility's history of compliance with standards, rules and
13 regulations promulgated under this Act and correction of
14 violations, penalties or other enforcement actions; the
15 number and severity of complaints received about the
16 facility; any allegations of resident abuse or neglect;
17 weather conditions; health emergencies; other reasonable
18 belief that deficiencies exist.
19 (b-1) The Department shall not be required to determine
20 whether a facility certified to participate in the Medicare
21 program under Title XVIII of the Social Security Act, or the
22 Medicaid program under Title XIX of the Social Security Act,
23 and which the Department determines by inspection under this
24 Section or under Section 3-702 of this Act to be in
25 compliance with the certification requirements of Title XVIII
26 or XIX, is in compliance with any requirement of this Act
27 that is less stringent than or duplicates a federal
28 certification requirement. In accordance with subsection (a)
29 of this Section or subsection (d) of Section 3-702, the
30 Department shall determine whether a certified facility is in
31 compliance with requirements of this Act that exceed federal
32 certification requirements. If a certified facility is found
33 to be out of compliance with federal certification
34 requirements, the results of an inspection conducted pursuant
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1 to Title XVIII or XIX of the Social Security Act may be used
2 as the basis for enforcement remedies authorized and
3 commenced under this Act. Enforcement of this Act against a
4 certified facility shall be commenced pursuant to the
5 requirements of this Act, unless enforcement remedies sought
6 pursuant to Title XVIII or XIX of the Social Security Act
7 exceed those authorized by this Act. As used in this
8 subsection, "enforcement remedy" means a sanction for
9 violating a federal certification requirement or this Act.
10 (c) Upon completion of each inspection, survey and
11 evaluation, the appropriate Department personnel who
12 conducted the inspection, survey or evaluation shall submit a
13 copy of their report to the licensee upon exiting the
14 facility, and shall submit the actual report to the
15 appropriate regional office of the Department. Such report
16 and any recommendations for action by the Department under
17 this Act shall be transmitted to the appropriate offices of
18 the associate director of the Department, together with
19 related comments or documentation provided by the licensee
20 which may refute findings in the report, which explain
21 extenuating circumstances that the facility could not
22 reasonably have prevented, or which indicate methods and
23 timetables for correction of deficiencies described in the
24 report. Without affecting the application of subsection (a)
25 of Section 3-303, any documentation or comments of the
26 licensee shall be provided within 10 days of receipt of the
27 copy of the report. Such report shall recommend to the
28 Director appropriate action under this Act with respect to
29 findings against a facility. The Director shall then
30 determine whether the report's findings constitute a
31 violation or violations of which the facility must be given
32 notice. Such determination shall be based upon the severity
33 of the finding, the danger posed to resident health and
34 safety, the comments and documentation provided by the
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1 facility, the diligence and efforts to correct deficiencies,
2 correction of the reported deficiencies, the frequency and
3 duration of similar findings in previous reports and the
4 facility's general inspection history. Violations shall be
5 determined under this subsection no later than 60 days after
6 completion of each inspection, survey and evaluation.
7 (d) The Department shall maintain all inspection, survey
8 and evaluation reports for at least 5 years in a manner
9 accessible to and understandable by the public.
10 (Source: P.A. 88-278; 89-21, eff. 1-1-96; 89-171, eff.
11 1-1-96; 89-197, eff. 7-21-95; 89-626, eff. 8-9-96.)
12 Section 20. The Mental Health and Developmental
13 Disabilities Code is amended by changing Sections 3-603,
14 3-701, and 3-704 and adding Section 3-704.1 as follows:
15 (405 ILCS 5/3-603) (from Ch. 91 1/2, par. 3-603)
16 Sec. 3-603. (a) If no physician, qualified examiner, or
17 clinical psychologist or qualified certifier at a
18 participating mental health center is immediately available
19 or it is not possible after a diligent effort to obtain the
20 certificate provided for in Section 3-602, the respondent may
21 be detained for examination in a mental health facility upon
22 presentation of the petition alone pending the obtaining of
23 such a certificate, except that if admission is sought to a
24 State-operated mental health facility and the Community
25 Service Area has a participating mental health center, the
26 participating mental health center shall be notified and
27 shall provide a qualified certifier to conduct a screening
28 within 24 hours.
29 (b) In such instance the petition shall conform to the
30 requirements of Section 3-601 and further specify that:
31 1. the petitioner believes, as a result of his personal
32 observation, that the respondent is subject to involuntary
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1 admission;
2 2. a diligent effort was made to obtain a certificate;
3 and
4 3. no physician, qualified examiner, or clinical
5 psychologist could be found who has examined or could examine
6 the respondent; and
7 4. a diligent effort has been made to convince the
8 respondent to appear voluntarily for examination by a
9 physician, qualified examiner, or clinical psychologist,
10 unless the petitioner reasonably believes such an effort
11 would pose a risk of harm to the respondent or others.
12 (Source: P.A. 88-484.)
13 (405 ILCS 5/3-701) (from Ch. 91 1/2, par. 3-701)
14 Sec. 3-701. (a) Any person 18 years of age or older may
15 execute a petition asserting that another person is subject
16 to involuntary admission. The petition shall be prepared
17 pursuant to paragraph (b) of Section 3-601 and shall be filed
18 with the court in the county where the respondent resides or
19 is present.
20 (b) The court may inquire of the petitioner whether
21 there are reasonable grounds to believe that the facts stated
22 in the petition are true and whether the respondent is
23 subject to involuntary admission. The inquiry may proceed
24 without notice to the respondent only if the petitioner
25 alleges facts showing that an emergency exists such that
26 immediate hospitalization is necessary and the petitioner
27 testifies before the court as to the factual basis for the
28 allegations.
29 (Source: P.A. 80-1414.)
30 (405 ILCS 5/3-704) (from Ch. 91 1/2, par. 3-704)
31 Sec. 3-704. Examination; detention.
32 (a) The respondent shall be permitted to remain in his
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1 place of residence pending any examination. He may be
2 accompanied by one or more of his relatives or friends or by
3 his attorney to the place of examination. If, however, the
4 court finds that it is necessary in order to complete the
5 examination the court may order that the person be admitted
6 to a mental health facility pending examination and may order
7 a peace officer or other person to transport him there. If
8 examination and detention is sought at a State-operated
9 mental health facility and the Community Service Area has a
10 participating mental health center, the person shall be seen
11 for a screening examination by a qualified certifier. After
12 examination, the participating mental health center shall
13 recommend to the court an appropriate treatment setting. If
14 the appropriate setting is a State-operated mental health
15 facility, the participating mental health center shall
16 provide a written statement, as required under Section
17 3-601.1, obtained from a qualified certifier recommending
18 admission to a State-operated mental health facility.
19 Whenever possible the examination shall be conducted at a
20 local mental health facility. No person may be detained for
21 examination under this Section for more than 24 hours. The
22 person shall be released upon completion of the examination
23 unless the physician, qualified examiner or clinical
24 psychologist executes a certificate stating that the person
25 is subject to involuntary admission and in need of immediate
26 hospitalization to protect such person or others from
27 physical harm. Upon admission under this Section treatment
28 may be given pursuant to Section 3-608.
29 (a-5) When a respondent has been transported to a mental
30 health facility for an examination, the admitting facility
31 shall inquire, upon the respondent's arrival, whether the
32 respondent wishes any person or persons to be notified of his
33 or her detention at the facility. If the respondent does
34 wish to have any person or persons notified of his or her
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1 detention at the facility, the facility must make all
2 reasonable attempts to locate, within one hour after the
3 respondent's arrival, at least 2 individuals identified by
4 the respondent and notify them of the respondent's detention
5 at the facility for a mandatory examination pursuant to court
6 order.
7 (b) Not later than 24 hours, excluding Saturdays,
8 Sundays, and holidays, after admission under this Section,
9 the respondent shall be asked if he desires the petition and
10 the notice required under Section 3-206 sent to any other
11 persons and at least 2 such persons designated by the
12 respondent shall be sent the documents. At the time of his
13 admission the respondent shall be allowed to complete not
14 fewer than 2 telephone calls to such persons as he chooses.
15 (Source: P.A. 88-484.)
16 (405 ILCS 5/3-704.1 new)
17 Sec. 3-704.1. Task Force.
18 (a) The Illinois Law Enforcement Training Standards
19 Board shall convene a task force for the purpose of
20 developing and recommending for adoption by the Board a model
21 protocol concerning the involvement of mental health
22 professionals when a peace officer is required to enforce an
23 order entered under subsection (a) of Section 3-704 to
24 transport an individual for a mandatory mental health
25 examination. The members of the task force shall include
26 representatives from law enforcement, community mental health
27 service providers, and one or more designees of the Director
28 of the Office of Mental Health, Department of Human Services.
29 In establishing the task force, every effort shall be made to
30 ensure that it represents the geographic diversity of the
31 State.
32 (b) The members of the task force shall serve without
33 compensation.
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1 (c) Before taking any formal action upon the
2 recommendations of the task force, the Board shall hold a
3 public hearing to provide the opportunity for individuals
4 with mental illness and their family members, mental health
5 advocacy organizations, and the public at large to review,
6 comment upon, and suggest any changes to the proposed model
7 protocol.
8 (d) The Board shall submit to the General Assembly, no
9 later than March 1, 2000, the model protocol it has adopted
10 for the coordination of efforts between law enforcement
11 personnel and mental health professionals in the enforcement
12 of orders requiring transport of individuals for emergency
13 mental health examinations.
14 (e) This Section is repealed on January 1, 2001.
15 Section 99. Effective date. This Section, the changes
16 to Section 4.3 of the Mental Health and Developmental
17 Disabilities Administrative Act, the changes to Sections 6.2,
18 6.3, 6.4, 6.5, 6.6, 6.7, and 6.8 of the Abused and Neglected
19 Long Term Care Facility Residents Reporting Act, the changes
20 to Section 3-203 of the Nursing Home Care Act, the changes to
21 Sections 3-603, 3-701, and 3-704 of the Mental Health and
22 Developmental Disabilities Code, and the provisions adding
23 Section 3-704.1 to the Mental Health and Developmental
24 Disabilities Code take effect upon becoming law.