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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

HB2860 Engrossed - 21 - LRB103 26818 KTG 53182 b
1		alleged abuser;
2		(6) A grand jury, upon its determination that access
3		to such records is necessary in the conduct of its
4		official business;
5		(7) Any person authorized by the Director, in writing,
6		for audit or bona fide research purposes;
7		(8) A coroner or medical examiner who has reason to
8		believe that an eligible adult has died as the result of
9		abuse, abandonment, neglect, financial exploitation, or
10		self-neglect. The provider agency shall immediately
11		provide the coroner or medical examiner with all records
12		pertaining to the eligible adult;
13		(8.5) A coroner or medical examiner having proper
14		jurisdiction, pursuant to a written agreement between a
15		provider agency and the coroner or medical examiner, under
16		which the provider agency may furnish to the office of the
17		coroner or medical examiner a list of all eligible adults
18		who may be at imminent risk of death as a result of abuse,
19		abandonment, neglect, financial exploitation, or
20		self-neglect;
21		(9) Department of Financial and Professional
22		Regulation staff and members of the Illinois Medical
23		Disciplinary Board or the Social Work Examining and
24		Disciplinary Board in the course of investigating alleged
25		violations of the Clinical Social Work and Social Work
26		Practice Act by provider agency staff or other licensing

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

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1		exploitation, or self-neglect of an eligible adult.
2		(Source: P.A. 102-244, eff. 1-1-22.)
3		Section 99. Effective date. This Act takes effect January
4		1, 2024.