State of Illinois
92nd General Assembly

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 1        AN ACT concerning long-term care facility residents.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Abused  and  Neglected  Long  Term Care
 5    Facility Residents  Reporting  Act  is  amended  by  changing
 6    Sections 3, 6.2, and 6.6 as follows:

 7        (210 ILCS 30/3) (from Ch. 111 1/2, par. 4163)
 8        Sec. 3.  As used in this Act unless the context otherwise
 9    requires:
10        a.  "Department" means the Department of Public Health of
11    the State of Illinois.
12        b.  "Resident"  means  a person residing in and receiving
13    personal care from a long term care facility, or residing  in
14    a mental health facility or developmental disability facility
15    as   defined   in   the   Mental   Health  and  Developmental
16    Disabilities Code.
17        c.  "Long  term  care  facility"  has  the  same  meaning
18    ascribed to such term in the Nursing Home  Care  Act,  except
19    that  the  term  as used in this Act shall include any mental
20    health  facility  or  developmental  disability  facility  as
21    defined in the Mental Health and  Developmental  Disabilities
22    Code.
23        d.  "Abuse"  means  any physical injury, sexual abuse, or
24    mental  injury  inflicted  on  a  resident  other   than   by
25    accidental  means  or by use of reasonable force necessary to
26    protect the resident or others from injury.
27        e.  "Neglect"  means  a  failure  in  a  long  term  care
28    facility to provide adequate  medical  or  personal  care  or
29    maintenance,  which  failure  results  in  physical or mental
30    injury to a resident or in the deterioration of a  resident's
31    physical or mental condition.

                            -2-                LRB9205951JSpc
 1        f.  "Protective  services"  means  services provided to a
 2    resident who has been abused or neglected, which may include,
 3    but are not limited to  alternative  temporary  institutional
 4    placement,  nursing  care,  counseling, other social services
 5    provided at the nursing home where the resident resides or at
 6    some  other  facility,  personal  care  and  such  protective
 7    services of voluntary agencies as are available.
 8        g.  Unless the  context  otherwise  requires,  direct  or
 9    indirect  references  in this Act to the programs, personnel,
10    facilities,   services,   service   providers,   or   service
11    recipients of the  Department  of  Human  Services  shall  be
12    construed   to  refer  only  to  those  programs,  personnel,
13    facilities,   services,   service   providers,   or   service
14    recipients that pertain to the Department of Human  Services'
15    mental health and developmental disabilities functions.
16    (Source: P.A. 89-507, eff. 7-1-97.)

17        (210 ILCS 30/6.2) (from Ch. 111 1/2, par. 4166.2)
18        (Section scheduled to be repealed on January 1, 2002)
19        Sec. 6.2.  Inspector General.
20        (a)  The  Governor  shall  appoint,  and the Senate shall
21    confirm, an Inspector General who shall function  within  the
22    Department  of  Human Services and report to the Secretary of
23    Human Services and the Governor.  The Inspector General shall
24    investigate reports of suspected abuse or neglect  (as  those
25    terms  are  defined  in Section 3 of this Act) of patients or
26    residents in any mental health or developmental  disabilities
27    facility  operated  by  the  Department of Human Services and
28    shall have authority to investigate and take immediate action
29    on  reports  of  abuse  or  neglect  of  recipients,  whether
30    patients or residents, in any mental health or  developmental
31    disabilities   facility   or  program  that  is  licensed  or
32    certified by the Department of Human Services  (as  successor
33    to   the   Department  of  Mental  Health  and  Developmental
                            -3-                LRB9205951JSpc
 1    Disabilities) or that is funded by the  Department  of  Human
 2    Services (as successor to the Department of Mental Health and
 3    Developmental  Disabilities) and is not licensed or certified
 4    by any agency of the State.  At the specific, written request
 5    of an agency of the State other than the Department of  Human
 6    Services (as successor to the Department of Mental Health and
 7    Developmental   Disabilities),   the  Inspector  General  may
 8    cooperate in investigating reports of abuse  and  neglect  of
 9    persons  with  mental  illness  or persons with developmental
10    disabilities.   The   Inspector   General   shall   have   no
11    supervision  over  or  involvement  in routine, programmatic,
12    licensure, or certification operations of the  Department  of
13    Human Services or any of its funded agencies.
14        The Inspector General shall promulgate rules establishing
15    minimum  requirements  for reporting allegations of abuse and
16    neglect   and   initiating,   conducting,   and    completing
17    investigations.   The  promulgated  rules  shall  clearly set
18    forth that in instances where 2 or more State agencies  could
19    investigate  an allegation of abuse or neglect, the Inspector
20    General shall not conduct an investigation that is  redundant
21    to  an  investigation conducted by another State agency.  The
22    rules shall establish criteria for  determining,  based  upon
23    the  nature  of  the  allegation,  the  appropriate method of
24    investigation, which may include, but need not be limited to,
25    site visits, telephone  contacts,  or  requests  for  written
26    responses  from  agencies.   The rules shall also clarify how
27    the Office of the Inspector General shall interact  with  the
28    licensing  unit  of  the  Department  of  Human  Services  in
29    investigations  of  allegations  of  abuse  or  neglect.  Any
30    allegations or investigations of  reports  made  pursuant  to
31    this  Act  shall  remain confidential until a final report is
32    completed. The resident or patient who allegedly  was  abused
33    or  neglected and his or her legal guardian shall be informed
34    by the facility or agency of the report of alleged  abuse  or
                            -4-                LRB9205951JSpc
 1    neglect. Final reports regarding unsubstantiated or unfounded
 2    allegations  shall  remain  confidential,  except  that final
 3    reports may be disclosed pursuant to Section 6 of this Act.
 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   and  to  insure  protection  of  the
18    constitutional rights of the persons who are the  subject  of
19    the investigation.
20        (b-5)  The  Inspector  General shall make a determination
21    to accept or reject a preliminary report of the investigation
22    of  alleged   abuse   or   neglect   based   on   established
23    investigative  procedures.  Notice of the Inspector General's
24    determination must be given to the person or persons  alleged
25    to  have  been  responsible  for  abuse or neglect and to the
26    facility or agency.  The person or persons and  the  facility
27    or  agency  alleged  to  have  been  responsible for abuse or
28    neglect may request clarification or reconsideration based on
29    additional information.  For cases where  the  allegation  of
30    abuse  or  neglect  is  substantiated,  the Inspector General
31    shall require the facility or  agency  to  submit  a  written
32    response.   The  written  response  from a facility or agency
33    shall address in a concise and reasoned  manner  the  actions
34    that the agency or facility will take or has taken to protect
                            -5-                LRB9205951JSpc
 1    the  resident  or  patient  from  abuse  or  neglect, prevent
 2    reoccurrences, and eliminate problems  identified  and  shall
 3    include  implementation  and  completion  dates  for all such
 4    action.
 5        (c)  The Inspector General shall, within 10 calendar days
 6    after the transmittal date of a completed investigation where
 7    abuse or neglect is substantiated or administrative action is
 8    recommended, provide a complete report on  the  case  to  the
 9    Secretary  of  Human  Services and to the agency in which the
10    abuse or neglect is alleged to have  happened.  The  complete
11    report  shall  include  a written response from the agency or
12    facility operated by the State to the Inspector General  that
13    addresses  in  a concise and reasoned manner the actions that
14    the agency or facility will take or has taken to protect  the
15    resident   or   patient   from   abuse  or  neglect,  prevent
16    reoccurrences, and eliminate problems  identified  and  shall
17    include  implementation  and  completion  dates  for all such
18    action.  The Secretary of  Human  Services  shall  accept  or
19    reject  the    response and establish how the Department will
20    determine  whether  the  facility  or  program  followed  the
21    approved response.   The  Secretary  may  require  Department
22    personnel  to  visit  the  facility  or  agency for training,
23    technical    assistance,    programmatic,    licensure,    or
24    certification  purposes.   Administrative  action,  including
25    sanctions, may be applied should  the  Secretary  reject  the
26    response  or should the facility or agency fail to follow the
27    approved response.  The facility or agency shall  inform  the
28    resident  or  patient  and  the  legal  guardian  whether the
29    reported allegation was  substantiated,  unsubstantiated,  or
30    unfounded.   There shall be an appeals process for any person
31    or agency that is subject to  any  action,  including  public
32    reporting,  based  upon on a recommendation or upon a finding
33    of abuse or neglect or recommendations.
34        (d)  The  Inspector  General   may   recommend   to   the
                            -6-                LRB9205951JSpc
 1    Departments  of Public Health and Human Services sanctions to
 2    be  imposed   against   mental   health   and   developmental
 3    disabilities   facilities   under  the  jurisdiction  of  the
 4    Department of Human Services for the protection of residents,
 5    including  appointment  of  on-site  monitors  or  receivers,
 6    transfer or relocation of residents, and  closure  of  units.
 7    The Inspector General may seek the assistance of the Attorney
 8    General  or  any of the several State's attorneys in imposing
 9    such sanctions.
10        (e)  The Inspector General shall  establish  and  conduct
11    periodic   training   programs   for   Department   employees
12    concerning the prevention and reporting of neglect and abuse.
13        (f)  The  Inspector General shall at all times be granted
14    access to any mental  health  or  developmental  disabilities
15    facility  operated  by  the  Department,  shall establish and
16    conduct unannounced site visits to those facilities at  least
17    once  annually,  and shall be granted access, for the purpose
18    of investigating  a  report  of  abuse  or  neglect,  to  any
19    facility  or program funded by the Department that is subject
20    under the provisions of this Section to investigation by  the
21    Inspector General for a report of abuse or neglect.
22        (g)  Nothing  in  this Section shall limit investigations
23    by the Department of Human Services  that  may  otherwise  be
24    required by law or that may be necessary in that Department's
25    capacity  as the central administrative authority responsible
26    for the operation of State mental  health  and  developmental
27    disability facilities.
28        (h)  This Section is repealed on January 1, 2002.
29    (Source: P.A.  90-252,  eff.  7-29-97;  90-512, eff. 8-22-97;
30    90-655, eff. 7-30-98; 91-169, eff. 7-16-99.)

31        (210 ILCS 30/6.6) (from Ch. 111 1/2, par. 4166.6)
32        (Section scheduled to be repealed on January 1, 2002)
33        Sec. 6.6.  Subpoenas; testimony; penalty.  The  Inspector
                            -7-                LRB9205951JSpc
 1    General shall have the power to subpoena witnesses and compel
 2    the   production   of   books  and  papers  pertinent  to  an
 3    investigation authorized by this Act, provided that the power
 4    to subpoena or to compel the production of books  and  papers
 5    shall  not  extend  to  the  person  or  documents of a labor
 6    organization or its representatives insofar as the person  or
 7    documents  of  a labor organization relate to the function of
 8    representing an employee subject to investigation under  this
 9    Act.  Mental health records of patients shall be confidential
10    as   provided  under  the  Mental  Health  and  Developmental
11    Disabilities  Confidentiality  Act.   Personnel  records   of
12    employees of facilities and agencies shall be confidential as
13    provided  under  the Personnel Record Review Act.  Any person
14    who fails to appear in response to a subpoena  or  to  answer
15    any  question  or produce any books or papers pertinent to an
16    investigation under this Act, except as otherwise provided in
17    this Section, or  who  knowingly  gives  false  testimony  in
18    relation  to  an  investigation under this Act is guilty of a
19    Class A misdemeanor.
20        This Section is repealed on January 1, 2002.
21    (Source: P.A. 91-169, eff. 7-16-99.)

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