Bill Text: IL HB4552 | 2015-2016 | 99th General Assembly | Chaptered

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Bill Title: Amends the Adult Protective Services Act. Adds State's Attorney's offices to the list of persons and agencies granted access, upon request, to records concerning reports of abuse, neglect, financial exploitation, or self-neglect. Removes a provision making such records subject to disclosure as authorized by other applicable law. Effective immediately.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2016-07-15 - Public Act . . . . . . . . . 99-0547 [HB4552 Detail]

Download: Illinois-2015-HB4552-Chaptered.html

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Public Act 099-0547
HB4552 Enrolled LRB099 16005 KTG 40322 b
AN ACT concerning aging.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Adult Protective Services Act is amended by
changing Section 8 as follows:
(320 ILCS 20/8) (from Ch. 23, par. 6608)
Sec. 8. Access to records. All records concerning reports
of abuse, neglect, financial exploitation, or self-neglect and
all records generated as a result of such reports shall be
confidential and shall not be disclosed except as specifically
authorized by this Act or other applicable law. In accord with
established law and Department protocols, procedures, and
policies, access to such records, but not access to the
identity of the person or persons making a report of alleged
abuse, neglect, financial exploitation, or self-neglect as
contained in such records, shall be provided, upon request, to
the following persons and for the following persons:
(1) Department staff, provider agency staff, other
aging network staff, and regional administrative agency
staff, including staff of the Chicago Department on Aging
while that agency is designated as a regional
administrative agency, in the furtherance of their
responsibilities under this Act;

(1.5) A representative of the public guardian acting in
the course of investigating the appropriateness of
guardianship for the eligible adult or while pursuing a
petition for guardianship of the eligible adult pursuant to
the Probate Act of 1975;
(2) A law enforcement agency or State's Attorney's
office investigating known or suspected abuse, neglect,
financial exploitation, or self-neglect. Where a provider
agency has reason to believe that the death of an eligible
adult may be the result of abuse or neglect, including any
reports made after death, the agency shall immediately
provide the appropriate law enforcement agency with all
records pertaining to the eligible adult;
(2.5) A law enforcement agency, fire department
agency, or fire protection district having proper
jurisdiction pursuant to a written agreement between a
provider agency and the law enforcement agency, fire
department agency, or fire protection district under which
the provider agency may furnish to the law enforcement
agency, fire department agency, or fire protection
district a list of all eligible adults who may be at
imminent risk of abuse, neglect, financial exploitation,
or self-neglect;
(3) A physician who has before him or her or who is
involved in the treatment of an eligible adult whom he or
she reasonably suspects may be abused, neglected,

financially exploited, or self-neglected or who has been
referred to the Adult Protective Services Program;
(4) An eligible adult reported to be abused, neglected,
financially exploited, or self-neglected, or such adult's
authorized guardian or agent, unless such guardian or agent
is the abuser or the alleged abuser;
(4.5) An executor or administrator of the estate of an
eligible adult who is deceased;
(5) In cases regarding abuse, neglect, or financial
exploitation, a court or a guardian ad litem, upon its or
his or her finding that access to such records may be
necessary for the determination of an issue before the
court. However, such access shall be limited to an in
camera inspection of the records, unless the court
determines that disclosure of the information contained
therein is necessary for the resolution of an issue then
pending before it;
(5.5) In cases regarding self-neglect, a guardian ad
litem;
(6) A grand jury, upon its determination that access to
such records is necessary in the conduct of its official
business;
(7) Any person authorized by the Director, in writing,
for audit or bona fide research purposes;
(8) A coroner or medical examiner who has reason to
believe that an eligible adult has died as the result of

abuse, neglect, financial exploitation, or self-neglect.
The provider agency shall immediately provide the coroner
or medical examiner with all records pertaining to the
eligible adult;
(8.5) A coroner or medical examiner having proper
jurisdiction, pursuant to a written agreement between a
provider agency and the coroner or medical examiner, under
which the provider agency may furnish to the office of the
coroner or medical examiner a list of all eligible adults
who may be at imminent risk of death as a result of abuse,
neglect, financial exploitation, or self-neglect;
(9) Department of Financial and Professional
Regulation staff and members of the Illinois Medical
Disciplinary Board or the Social Work Examining and
Disciplinary Board in the course of investigating alleged
violations of the Clinical Social Work and Social Work
Practice Act by provider agency staff or other licensing
bodies at the discretion of the Director of the Department
on Aging;
(9-a) Department of Healthcare and Family Services
staff and provider agency staff when that Department is
funding services to the eligible adult, including access to
the identity of the eligible adult;
(9-b) Department of Human Services staff and provider
agency staff when that Department is funding services to
the eligible adult or is providing reimbursement for

services provided by the abuser or alleged abuser,
including access to the identity of the eligible adult;
(10) Hearing officers in the course of conducting an
administrative hearing under this Act; parties to such
hearing shall be entitled to discovery as established by
rule;
(11) A caregiver who challenges placement on the
Registry shall be given the statement of allegations in the
abuse report and the substantiation decision in the final
investigative report; and
(12) The Illinois Guardianship and Advocacy Commission
and the agency designated by the Governor under Section 1
of the Protection and Advocacy for Persons with
Developmental Disabilities Act shall have access, through
the Department, to records, including the findings,
pertaining to a completed or closed investigation of a
report of suspected abuse, neglect, financial
exploitation, or self-neglect of an eligible adult.
(Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14;
99-143, eff. 7-27-15; 99-287, eff. 1-1-16; revised 10-26-15.)
Section 99. Effective date. This Act takes effect upon
becoming law.