Bill Text: IL HB3381 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Assisted Living and Shared Housing Act, the Abused and Neglected Long Term Care Facility Residents Reporting Act, the Nursing Home Care Act, the ID/DD Community Care Act, the Specialized Mental Health Rehabilitation Act, and the Elder Abuse and Neglect Act. Provides that any administrator, supervisor, or employee of a long term care facility, or any administrator, supervisor, or employee of an assisted living or shared housing establishment, having reasonable cause to believe that any resident of the facility or establishment has been subjected to abuse shall report the abuse or cause a report of the abuse to be made as follows: if the suspected abuse results in serious bodily injury to the resident, a telephone report shall be made to the local law enforcement agency within 2 hours after the administrator, supervisor, or employee observed, obtained knowledge of, or suspected the abuse; in addition, a written report shall be made to the local law enforcement agency, the Department, and the Office of State Long Term Care Ombudsman within 2 hours after the administrator, supervisor, or employee observed, obtained knowledge of, or suspected the abuse. Provides that if the suspected abuse does not result in serious bodily injury to the resident, such reports shall be made within 24 hours. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB3381 Detail]

Download: Illinois-2013-HB3381-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB3381 Introduced , by Rep. Silvana Tabares SYNOPSIS AS INTRODUCED:
210 ILCS 9/97 new
210 ILCS 30/4 from Ch. 111 1/2, par. 4164
210 ILCS 45/3-610 from Ch. 111 1/2, par. 4153-610
210 ILCS 47/3-610
210 ILCS 48/3-610
320 ILCS 20/4 from Ch. 23, par. 6604
Amends the Assisted Living and Shared Housing Act, the Abused and Neglected Long Term Care Facility Residents Reporting Act, the Nursing Home Care Act, the ID/DD Community Care Act, the Specialized Mental Health Rehabilitation Act, and the Elder Abuse and Neglect Act. Provides that any administrator, supervisor, or employee of a long term care facility, or any administrator, supervisor, or employee of an assisted living or shared housing establishment, having reasonable cause to believe that any resident of the facility or establishment has been subjected to abuse shall report the abuse or cause a report of the abuse to be made as follows: if the suspected abuse results in serious bodily injury to the resident, a telephone report shall be made to the local law enforcement agency within 2 hours after the administrator, supervisor, or employee observed, obtained knowledge of, or suspected the abuse; in addition, a written report shall be made to the local law enforcement agency, the Department, and the Office of State Long Term Care Ombudsman within 2 hours after the administrator, supervisor, or employee observed, obtained knowledge of, or suspected the abuse. Provides that if the suspected abuse does not result in serious bodily injury to the resident, such reports shall be made within 24 hours. Effective immediately.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Assisted Living and Shared Housing Act is
amended by adding Section 97 as follows:
(210 ILCS 9/97 new)
Sec. 97. Reports of abuse.
(a) Any administrator, supervisor, or employee of an
assisted living or shared housing establishment having
reasonable cause to believe that any resident of the
establishment has been subjected to abuse shall report the
abuse or cause a report of the abuse to be made as follows:
(1) If the suspected abuse results in serious bodily
injury to the resident, a telephone report shall be made to
the local law enforcement agency within 2 hours after the
administrator, supervisor, or employee observed, obtained
knowledge of, or suspected the abuse. In addition, a
written report shall be made to the local law enforcement
agency, the Department, and the Office of State Long Term
Care Ombudsman within 2 hours after the administrator,
supervisor, or employee observed, obtained knowledge of,
or suspected the abuse.
(2) If the suspected abuse does not result in serious

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bodily injury to the resident, a telephone report shall be
made to the local law enforcement agency within 24 hours
after the administrator, supervisor, or employee observed,
obtained knowledge of, or suspected the abuse. In addition,
a written report shall be made to the local law enforcement
agency, the Department, and the Office of State Long Term
Care Ombudsman within 24 hours after the administrator,
supervisor, or employee observed, obtained knowledge of,
or suspected the abuse.
(b) A person required to make reports or cause reports to
be made under this Section who fails to comply with the
requirements of this Section is guilty of a Class A
misdemeanor.
Section 10. The Abused and Neglected Long Term Care
Facility Residents Reporting Act is amended by changing Section
4 as follows:
(210 ILCS 30/4) (from Ch. 111 1/2, par. 4164)
Sec. 4. Reports of abuse or neglect.
(a) Any long term care facility administrator, agent or
employee or any physician, hospital, surgeon, dentist,
osteopath, chiropractor, podiatrist, accredited religious
practitioner who provides treatment by spiritual means alone
through prayer in accordance with the tenets and practices of
the accrediting church, coroner, social worker, social

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services administrator, registered nurse, law enforcement
officer, field personnel of the Department of Healthcare and
Family Services, field personnel of the Illinois Department of
Public Health and County or Municipal Health Departments,
personnel of the Department of Human Services (acting as the
successor to the Department of Mental Health and Developmental
Disabilities or the Department of Public Aid), personnel of the
Guardianship and Advocacy Commission, personnel of the State
Fire Marshal, local fire department inspectors or other
personnel, or personnel of the Illinois Department on Aging, or
its subsidiary Agencies on Aging, or employee of a facility
licensed under the Assisted Living and Shared Housing Act,
having reasonable cause to believe any resident with whom they
have direct contact has been subjected to abuse or neglect
shall immediately report or cause a report to be made to the
Department. Persons required to make reports or cause reports
to be made under this Section include all employees of the
State of Illinois who are involved in providing services to
residents, including professionals providing medical or
rehabilitation services and all other persons having direct
contact with residents; and further include all employees of
community service agencies who provide services to a resident
of a public or private long term care facility outside of that
facility. Any long term care surveyor of the Illinois
Department of Public Health who has reasonable cause to believe
in the course of a survey that a resident has been abused or

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neglected and initiates an investigation while on site at the
facility shall be exempt from making a report under this
Section but the results of any such investigation shall be
forwarded to the central register in a manner and form
described by the Department.
(b) Any administrator, supervisor, or employee of a long
term care facility, or any administrator, supervisor, or
employee of an assisted living or shared housing establishment
licensed under the Assisted Living and Shared Housing Act,
having reasonable cause to believe that any resident of the
facility or establishment has been subjected to abuse shall
report the abuse or cause a report of the abuse to be made as
follows:
(1) If the suspected abuse results in serious bodily
injury to the resident, a telephone report shall be made to
the local law enforcement agency within 2 hours after the
administrator, supervisor, or employee observed, obtained
knowledge of, or suspected the abuse. In addition, a
written report shall be made to the local law enforcement
agency, the Department, and the Office of State Long Term
Care Ombudsman within 2 hours after the administrator,
supervisor, or employee observed, obtained knowledge of,
or suspected the abuse.
(2) If the suspected abuse does not result in serious
bodily injury to the resident, a telephone report shall be
made to the local law enforcement agency within 24 hours

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after the administrator, supervisor, or employee observed,
obtained knowledge of, or suspected the abuse. In addition,
a written report shall be made to the local law enforcement
agency, the Department, and the Office of State Long Term
Care Ombudsman within 24 hours after the administrator,
supervisor, or employee observed, obtained knowledge of,
or suspected the abuse.
(c) The requirement of this Act shall not relieve any long
term care facility administrator, agent or employee of
responsibility to report the abuse or neglect of a resident
under Section 3-610 of the Nursing Home Care Act or under
Section 3-610 of the ID/DD Community Care Act or under Section
3-610 of the Specialized Mental Health Rehabilitation Act.
(d) In addition to the above persons required to report
suspected resident abuse and neglect, any other person may make
a report to the Department, or to any law enforcement officer,
if such person has reasonable cause to suspect a resident has
been abused or neglected.
(e) This Section also applies to residents whose death
occurs from suspected abuse or neglect before being found or
brought to a hospital.
(f) A person required to make reports or cause reports to
be made under this Section who fails to comply with the
requirements of this Section is guilty of a Class A
misdemeanor.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,

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eff. 1-1-12; 97-813, eff. 7-13-12.)
Section 15. The Nursing Home Care Act is amended by
changing Section 3-610 as follows:
(210 ILCS 45/3-610) (from Ch. 111 1/2, par. 4153-610)
Sec. 3-610. Duty to report violations.
(a) A facility employee or agent who becomes aware of abuse
or neglect of a resident prohibited by Section 2-107 shall
immediately report the matter to the Department and to the
facility administrator. A facility administrator who becomes
aware of abuse or neglect of a resident prohibited by Section
2-107 shall immediately report the matter by telephone and in
writing to the resident's representative, and to the
Department. Any person may report a violation of Section 2-107
to the Department.
(a-5) Any administrator, supervisor, or employee of a
facility having reasonable cause to believe that any resident
of the facility has been subjected to abuse shall report the
abuse or cause a report of the abuse to be made as follows:
(1) If the suspected abuse results in serious bodily
injury to the resident, a telephone report shall be made to
the local law enforcement agency within 2 hours after the
administrator, supervisor, or employee observed, obtained
knowledge of, or suspected the abuse. In addition, a
written report shall be made to the local law enforcement

HB3381 - 7 - LRB098 08875 DRJ 39006 b
agency, the Department, and the Office of State Long Term
Care Ombudsman within 2 hours after the administrator,
supervisor, or employee observed, obtained knowledge of,
or suspected the abuse.
(2) If the suspected abuse does not result in serious
bodily injury to the resident, a telephone report shall be
made to the local law enforcement agency within 24 hours
after the administrator, supervisor, or employee observed,
obtained knowledge of, or suspected the abuse. In addition,
a written report shall be made to the local law enforcement
agency, the Department, and the Office of State Long Term
Care Ombudsman within 24 hours after the administrator,
supervisor, or employee observed, obtained knowledge of,
or suspected the abuse.
A person required to make reports or cause reports to be
made under this subsection who fails to comply with the
requirements of this subsection is guilty of a Class A
misdemeanor.
(b) A facility employee or agent who becomes aware of
another facility employee or agent's theft or misappropriation
of a resident's property must immediately report the matter to
the facility administrator. A facility administrator who
becomes aware of a facility employee or agent's theft or
misappropriation of a resident's property must immediately
report the matter by telephone and in writing to the resident's
representative, to the Department, and to the local law

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enforcement agency. Neither a licensee nor its employees or
agents may dismiss or otherwise retaliate against a facility
employee or agent who reports the theft or misappropriation of
a resident's property under this subsection.
(Source: P.A. 94-26, eff. 1-1-06.)
Section 20. The ID/DD Community Care Act is amended by
changing Section 3-610 as follows:
(210 ILCS 47/3-610)
Sec. 3-610. Duty to report violations.
(a) A facility employee or agent who becomes aware of abuse
or neglect of a resident prohibited by Section 2-107 shall
immediately report the matter to the Department and to the
facility administrator. A facility administrator who becomes
aware of abuse or neglect of a resident prohibited by Section
2-107 shall immediately report the matter by telephone and in
writing to the resident's representative, and to the
Department. Any person may report a violation of Section 2-107
to the Department.
(a-5) Any administrator, supervisor, or employee of a
facility having reasonable cause to believe that any resident
of the facility has been subjected to abuse shall report the
abuse or cause a report of the abuse to be made as follows:
(1) If the suspected abuse results in serious bodily
injury to the resident, a telephone report shall be made to

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the local law enforcement agency within 2 hours after the
administrator, supervisor, or employee observed, obtained
knowledge of, or suspected the abuse. In addition, a
written report shall be made to the local law enforcement
agency, the Department, and the Office of State Long Term
Care Ombudsman within 2 hours after the administrator,
supervisor, or employee observed, obtained knowledge of,
or suspected the abuse.
(2) If the suspected abuse does not result in serious
bodily injury to the resident, a telephone report shall be
made to the local law enforcement agency within 24 hours
after the administrator, supervisor, or employee observed,
obtained knowledge of, or suspected the abuse. In addition,
a written report shall be made to the local law enforcement
agency, the Department, and the Office of State Long Term
Care Ombudsman within 24 hours after the administrator,
supervisor, or employee observed, obtained knowledge of,
or suspected the abuse.
A person required to make reports or cause reports to be
made under this subsection who fails to comply with the
requirements of this subsection is guilty of a Class A
misdemeanor.
(b) A facility employee or agent who becomes aware of
another facility employee or agent's theft or misappropriation
of a resident's property must immediately report the matter to
the facility administrator. A facility administrator who

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becomes aware of a facility employee or agent's theft or
misappropriation of a resident's property must immediately
report the matter by telephone and in writing to the resident's
representative, to the Department, and to the local law
enforcement agency. Neither a licensee nor its employees or
agents may dismiss or otherwise retaliate against a facility
employee or agent who reports the theft or misappropriation of
a resident's property under this subsection.
(Source: P.A. 96-339, eff. 7-1-10.)
Section 25. The Specialized Mental Health Rehabilitation
Act is amended by changing Section 3-610 as follows:
(210 ILCS 48/3-610)
Sec. 3-610. Duty to report violations.
(a) A facility employee or agent who becomes aware of abuse
or neglect of a resident prohibited by Section 2-107 shall
immediately report the matter to the Department and to the
facility administrator. A facility administrator who becomes
aware of abuse or neglect of a resident prohibited by Section
2-107 shall immediately report the matter by telephone and in
writing to the resident's representative, and to the
Department. Any person may report a violation of Section 2-107
to the Department.
(a-5) Any administrator, supervisor, or employee of a
facility having reasonable cause to believe that any resident

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of the facility has been subjected to abuse shall report the
abuse or cause a report of the abuse to be made as follows:
(1) If the suspected abuse results in serious bodily
injury to the resident, a telephone report shall be made to
the local law enforcement agency within 2 hours after the
administrator, supervisor, or employee observed, obtained
knowledge of, or suspected the abuse. In addition, a
written report shall be made to the local law enforcement
agency, the Department, and the Office of State Long Term
Care Ombudsman within 2 hours after the administrator,
supervisor, or employee observed, obtained knowledge of,
or suspected the abuse.
(2) If the suspected abuse does not result in serious
bodily injury to the resident, a telephone report shall be
made to the local law enforcement agency within 24 hours
after the administrator, supervisor, or employee observed,
obtained knowledge of, or suspected the abuse. In addition,
a written report shall be made to the local law enforcement
agency, the Department, and the Office of State Long Term
Care Ombudsman within 24 hours after the administrator,
supervisor, or employee observed, obtained knowledge of,
or suspected the abuse.
A person required to make reports or cause reports to be
made under this subsection who fails to comply with the
requirements of this subsection is guilty of a Class A
misdemeanor.

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(b) A facility employee or agent who becomes aware of
another facility employee or agent's theft or misappropriation
of a resident's property must immediately report the matter to
the facility administrator. A facility administrator who
becomes aware of a facility employee or agent's theft or
misappropriation of a resident's property must immediately
report the matter by telephone and in writing to the resident's
representative, to the Department, and to the local law
enforcement agency. Neither a licensee nor its employees or
agents may dismiss or otherwise retaliate against a facility
employee or agent who reports the theft or misappropriation of
a resident's property under this subsection.
(Source: P.A. 97-38, eff. 6-28-11.)
Section 30. The Elder Abuse and Neglect Act is amended by
changing Section 4 as follows:
(320 ILCS 20/4) (from Ch. 23, par. 6604)
Sec. 4. Reports of abuse or neglect.
(a) Any person who suspects the abuse, neglect, financial
exploitation, or self-neglect of an eligible adult may report
this suspicion to an agency designated to receive such reports
under this Act or to the Department.
(a-5) If any mandated reporter has reason to believe that
an eligible adult, who because of dysfunction is unable to seek
assistance for himself or herself, has, within the previous 12

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months, been subjected to abuse, neglect, or financial
exploitation, the mandated reporter shall, within 24 hours
after developing such belief, report this suspicion to an
agency designated to receive such reports under this Act or to
the Department. The agency designated to receive such reports
under this Act or the Department may establish a manner in
which a mandated reporter can make the required report through
an Internet reporting tool. Information sent and received
through the Internet reporting tool is subject to the same
rules in this Act as other types of confidential reporting
established by the designated agency or the Department.
Whenever a mandated reporter is required to report under this
Act in his or her capacity as a member of the staff of a medical
or other public or private institution, facility, board and
care home, or agency, he or she shall make a report to an
agency designated to receive such reports under this Act or to
the Department in accordance with the provisions of this Act
and may also notify the person in charge of the institution,
facility, board and care home, or agency or his or her
designated agent that the report has been made. Under no
circumstances shall any person in charge of such institution,
facility, board and care home, or agency, or his or her
designated agent to whom the notification has been made,
exercise any control, restraint, modification, or other change
in the report or the forwarding of the report to an agency
designated to receive such reports under this Act or to the

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Department. The privileged quality of communication between
any professional person required to report and his or her
patient or client shall not apply to situations involving
abused, neglected, or financially exploited eligible adults
and shall not constitute grounds for failure to report as
required by this Act.
(a-6) Any administrator, supervisor, or employee of a
facility licensed under the Nursing Home Care Act, the ID/DD
Community Care Act, or the Specialized Mental Health
Rehabilitation Act, or any administrator, supervisor, or
employee of an assisted living or shared housing establishment
licensed under the Assisted Living and Shared Housing Act,
having reasonable cause to believe that any resident of the
facility or establishment has been subjected to abuse shall
report the abuse or cause a report of the abuse to be made as
follows:
(1) If the suspected abuse results in serious bodily
injury to the resident, a telephone report shall be made to
the local law enforcement agency within 2 hours after the
administrator, supervisor, or employee observed, obtained
knowledge of, or suspected the abuse. In addition, a
written report shall be made to the local law enforcement
agency, the Department, and the Office of State Long Term
Care Ombudsman within 2 hours after the administrator,
supervisor, or employee observed, obtained knowledge of,
or suspected the abuse.

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(2) If the suspected abuse does not result in serious
bodily injury to the resident, a telephone report shall be
made to the local law enforcement agency within 24 hours
after the administrator, supervisor, or employee observed,
obtained knowledge of, or suspected the abuse. In addition,
a written report shall be made to the local law enforcement
agency, the Department, and the Office of State Long Term
Care Ombudsman within 24 hours after the administrator,
supervisor, or employee observed, obtained knowledge of,
or suspected the abuse.
A person required to make reports or cause reports to be
made under this subsection who fails to comply with the
requirements of this subsection is guilty of a Class A
misdemeanor.
(a-7) A person making a report under this Act in the belief
that it is in the alleged victim's best interest shall be
immune from criminal or civil liability or professional
disciplinary action on account of making the report,
notwithstanding any requirements concerning the
confidentiality of information with respect to such eligible
adult which might otherwise be applicable.
(a-9) Law enforcement officers shall continue to report
incidents of alleged abuse pursuant to the Illinois Domestic
Violence Act of 1986, notwithstanding any requirements under
this Act.
(b) Any person, institution or agency participating in the

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making of a report, providing information or records related to
a report, assessment, or services, or participating in the
investigation of a report under this Act in good faith, or
taking photographs or x-rays as a result of an authorized
assessment, shall have immunity from any civil, criminal or
other liability in any civil, criminal or other proceeding
brought in consequence of making such report or assessment or
on account of submitting or otherwise disclosing such
photographs or x-rays to any agency designated to receive
reports of alleged or suspected abuse or neglect. Any person,
institution or agency authorized by the Department to provide
assessment, intervention, or administrative services under
this Act shall, in the good faith performance of those
services, have immunity from any civil, criminal or other
liability in any civil, criminal, or other proceeding brought
as a consequence of the performance of those services. For the
purposes of any civil, criminal, or other proceeding, the good
faith of any person required to report, permitted to report, or
participating in an investigation of a report of alleged or
suspected abuse, neglect, financial exploitation, or
self-neglect shall be presumed.
(c) The identity of a person making a report of alleged or
suspected abuse, neglect, financial exploitation, or
self-neglect under this Act may be disclosed by the Department
or other agency provided for in this Act only with such
person's written consent or by court order.

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(d) The Department shall by rule establish a system for
filing and compiling reports made under this Act.
(e) Any physician who willfully fails to report as required
by this Act shall be referred to the Illinois State Medical
Disciplinary Board for action in accordance with subdivision
(A)(22) of Section 22 of the Medical Practice Act of 1987. Any
dentist or dental hygienist who willfully fails to report as
required by this Act shall be referred to the Department of
Professional Regulation for action in accordance with
paragraph 19 of Section 23 of the Illinois Dental Practice Act.
Any optometrist who willfully fails to report as required by
this Act shall be referred to the Department of Financial and
Professional Regulation for action in accordance with
paragraph (15) of subsection (a) of Section 24 of the Illinois
Optometric Practice Act of 1987. Any other mandated reporter
required by this Act to report suspected abuse, neglect, or
financial exploitation who willfully fails to report the same
is guilty of a Class A misdemeanor.
(Source: P.A. 96-378, eff. 1-1-10; 96-526, eff. 1-1-10;
96-1000, eff. 7-2-10; 97-860, eff. 7-30-12.)
Section 99. Effective date. This Act takes effect upon
becoming law.