Bill Text: IL HB3918 | 2021-2022 | 102nd General Assembly | Engrossed
Bill Title: Amends the Adult Protective Services Act. Expands the definition of "mandated reporter" to include investment advisors and insurance adjusters. Effective immediately.
Spectrum: Moderate Partisan Bill (Democrat 8-2)
Status: (Engrossed - Dead) 2022-05-10 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [HB3918 Detail]
Download: Illinois-2021-HB3918-Engrossed.html
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1 | AN ACT concerning aging.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Adult Protective Services Act is amended by | ||||||
5 | changing Section 2 as follows:
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6 | (320 ILCS 20/2) (from Ch. 23, par. 6602)
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7 | Sec. 2. Definitions. As used in this Act, unless the | ||||||
8 | context
requires otherwise:
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9 | (a) "Abuse" means causing any physical, mental or sexual | ||||||
10 | injury to an
eligible adult, including exploitation of such | ||||||
11 | adult's financial resources.
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12 | Nothing in this Act shall be construed to mean that an | ||||||
13 | eligible adult is a
victim of abuse, neglect, or self-neglect | ||||||
14 | for the sole reason that he or she is being
furnished with or | ||||||
15 | relies upon treatment by spiritual means through prayer
alone, | ||||||
16 | in accordance with the tenets and practices of a recognized | ||||||
17 | church
or religious denomination.
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18 | Nothing in this Act shall be construed to mean that an | ||||||
19 | eligible adult is a
victim of abuse because of health care | ||||||
20 | services provided or not provided by
licensed health care | ||||||
21 | professionals.
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22 | (a-5) "Abuser" means a person who abuses, neglects, or | ||||||
23 | financially
exploits an eligible adult.
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1 | (a-6) "Adult with disabilities" means a person aged 18 | ||||||
2 | through 59 who resides in a domestic living situation and | ||||||
3 | whose disability as defined in subsection (c-5) impairs his or | ||||||
4 | her ability to seek or obtain protection from abuse, neglect, | ||||||
5 | or exploitation. | ||||||
6 | (a-7) "Caregiver" means a person who either as a result of | ||||||
7 | a family
relationship, voluntarily, or in exchange for | ||||||
8 | compensation has assumed
responsibility for all or a portion | ||||||
9 | of the care of an eligible adult who needs
assistance with | ||||||
10 | activities of daily
living or instrumental activities of daily | ||||||
11 | living.
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12 | (b) "Department" means the Department on Aging of the | ||||||
13 | State of Illinois.
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14 | (c) "Director" means the Director of the Department.
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15 | (c-5) "Disability" means a physical or mental disability, | ||||||
16 | including, but not limited to, a developmental disability, an | ||||||
17 | intellectual disability, a mental illness as defined under the | ||||||
18 | Mental Health and Developmental Disabilities Code, or dementia | ||||||
19 | as defined under the Alzheimer's Disease Assistance Act. | ||||||
20 | (d) "Domestic living situation" means a residence where | ||||||
21 | the eligible
adult at the time of the report lives alone or | ||||||
22 | with his or her family or a caregiver, or others,
or other | ||||||
23 | community-based unlicensed facility, but
is not:
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24 | (1) A licensed facility as defined in Section 1-113 of | ||||||
25 | the Nursing Home
Care Act;
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26 | (1.5) A facility licensed under the ID/DD Community |
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1 | Care Act; | ||||||
2 | (1.6) A facility licensed under the MC/DD Act; | ||||||
3 | (1.7) A facility licensed under the Specialized Mental | ||||||
4 | Health Rehabilitation Act of 2013; | ||||||
5 | (2) A "life care facility" as defined in the Life Care | ||||||
6 | Facilities Act;
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7 | (3) A home, institution, or other place operated by | ||||||
8 | the federal
government or agency thereof or by the State | ||||||
9 | of Illinois;
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10 | (4) A hospital, sanitarium, or other institution, the | ||||||
11 | principal activity
or business of which is the diagnosis, | ||||||
12 | care, and treatment of human illness
through the | ||||||
13 | maintenance and operation of organized facilities | ||||||
14 | therefor,
which is required to be licensed under the | ||||||
15 | Hospital Licensing Act;
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16 | (5) A "community living facility" as defined in the | ||||||
17 | Community Living
Facilities Licensing Act;
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18 | (6) (Blank);
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19 | (7) A "community-integrated living arrangement" as | ||||||
20 | defined in
the Community-Integrated Living Arrangements | ||||||
21 | Licensure and Certification Act or a "community | ||||||
22 | residential alternative" as licensed under that Act;
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23 | (8) An assisted living or shared housing establishment | ||||||
24 | as defined in the Assisted Living and Shared Housing Act; | ||||||
25 | or
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26 | (9) A supportive living facility as described in |
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1 | Section 5-5.01a of the Illinois Public Aid Code.
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2 | (e) "Eligible adult" means either an adult with | ||||||
3 | disabilities aged 18 through 59 or a person aged 60 or older | ||||||
4 | who
resides in a domestic living situation and is, or is | ||||||
5 | alleged
to be, abused, neglected, or financially exploited by | ||||||
6 | another individual or who neglects himself or herself. | ||||||
7 | "Eligible adult" also includes an adult who resides in any of | ||||||
8 | the facilities that are excluded from the definition of | ||||||
9 | "domestic living situation" under paragraphs (1) through (9) | ||||||
10 | of subsection (d), if either: (i) the alleged abuse or neglect | ||||||
11 | occurs outside of the facility and not under facility | ||||||
12 | supervision and the alleged abuser is a family member, | ||||||
13 | caregiver, or another person who has a continuing relationship | ||||||
14 | with the adult; or (ii) the alleged financial exploitation is | ||||||
15 | perpetrated by a family member, caregiver, or another person | ||||||
16 | who has a continuing relationship with the adult, but who is | ||||||
17 | not an employee of the facility where the adult resides.
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18 | (f) "Emergency" means a situation in which an eligible | ||||||
19 | adult is living
in conditions presenting a risk of death or | ||||||
20 | physical, mental or sexual
injury and the provider agency has | ||||||
21 | reason to believe the eligible adult is
unable to
consent to | ||||||
22 | services which would alleviate that risk.
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23 | (f-1) "Financial exploitation" means the use of an | ||||||
24 | eligible adult's resources by another to the disadvantage of | ||||||
25 | that adult or the profit or advantage of a person other than | ||||||
26 | that adult. |
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1 | (f-3) "Insurance adjuster" means any company adjuster, | ||||||
2 | independent adjuster, or public adjuster as defined in | ||||||
3 | paragraph (1) of subsection (f) of Section 1575 of the | ||||||
4 | Illinois Insurance Code. | ||||||
5 | (f-5) "Mandated reporter" means any of the following | ||||||
6 | persons
while engaged in carrying out their professional | ||||||
7 | duties:
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8 | (1) a professional or professional's delegate while | ||||||
9 | engaged in: (i) social
services, (ii) law enforcement, | ||||||
10 | (iii) education, (iv) the care of an eligible
adult or | ||||||
11 | eligible adults, or (v) any of the occupations required to | ||||||
12 | be licensed
under
the Clinical Psychologist Licensing Act, | ||||||
13 | the Clinical Social Work and Social
Work Practice Act, the | ||||||
14 | Illinois Dental Practice Act, the Dietitian Nutritionist | ||||||
15 | Practice Act, the Marriage and Family Therapy Licensing | ||||||
16 | Act, the
Medical Practice Act of 1987, the Naprapathic | ||||||
17 | Practice Act, the
Nurse Practice Act, the Nursing Home
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18 | Administrators Licensing and
Disciplinary Act, the | ||||||
19 | Illinois Occupational Therapy Practice Act, the Illinois
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20 | Optometric Practice Act of 1987, the Pharmacy Practice | ||||||
21 | Act, the
Illinois Physical Therapy Act, the Physician | ||||||
22 | Assistant Practice Act of 1987,
the Podiatric Medical | ||||||
23 | Practice Act of 1987, the Respiratory Care Practice
Act,
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24 | the Professional Counselor and
Clinical Professional | ||||||
25 | Counselor Licensing and Practice Act, the Illinois | ||||||
26 | Speech-Language
Pathology and Audiology Practice Act, the |
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1 | Veterinary Medicine and Surgery
Practice Act of 2004, and | ||||||
2 | the Illinois Public Accounting Act;
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3 | (1.5) an employee of an entity providing developmental | ||||||
4 | disabilities services or service coordination funded by | ||||||
5 | the Department of Human Services; | ||||||
6 | (2) an employee of a vocational rehabilitation | ||||||
7 | facility prescribed or
supervised by the Department of | ||||||
8 | Human Services;
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9 | (3) an administrator, employee, or person providing | ||||||
10 | services in or through
an unlicensed community based | ||||||
11 | facility;
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12 | (4) any religious practitioner who provides treatment | ||||||
13 | by prayer or spiritual means alone in accordance with the | ||||||
14 | tenets and practices of a recognized church or religious | ||||||
15 | denomination, except as to information received in any | ||||||
16 | confession or sacred communication enjoined by the | ||||||
17 | discipline of the religious denomination to be held | ||||||
18 | confidential;
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19 | (5) field personnel of the Department of Healthcare | ||||||
20 | and Family Services, Department of Public
Health, and | ||||||
21 | Department of Human Services, and any county or
municipal | ||||||
22 | health department;
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23 | (6) personnel of the Department of Human Services, the | ||||||
24 | Guardianship and
Advocacy Commission, the State Fire | ||||||
25 | Marshal, local fire departments, the
Department on Aging | ||||||
26 | and its subsidiary Area Agencies on Aging and provider
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1 | agencies, excluding the State Long Term Care Ombudsman and | ||||||
2 | all representatives of the State Long Term Care Ombudsman | ||||||
3 | Program; and the Office of State Long Term Care Ombudsman;
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4 | (7) any employee of the State of Illinois not | ||||||
5 | otherwise specified herein
who is involved in providing | ||||||
6 | services to eligible adults, including
professionals | ||||||
7 | providing medical or rehabilitation services and all
other | ||||||
8 | persons having direct contact with eligible adults;
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9 | (8) a person who performs the duties of a coroner
or | ||||||
10 | medical examiner; or
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11 | (9) a person who performs the duties of a paramedic or | ||||||
12 | an emergency
medical
technician ; .
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13 | (10) a person who performs the duties of an investment | ||||||
14 | advisor; or | ||||||
15 | (11) a person who performs the duties of an insurance | ||||||
16 | adjuster. | ||||||
17 | (g) "Neglect" means
another individual's failure to | ||||||
18 | provide an eligible
adult with or willful withholding from an | ||||||
19 | eligible adult the necessities of
life including, but not | ||||||
20 | limited to, food, clothing, shelter or health care.
This | ||||||
21 | subsection does not create any new affirmative duty to provide | ||||||
22 | support to
eligible adults. Nothing in this Act shall be | ||||||
23 | construed to mean that an
eligible adult is a victim of neglect | ||||||
24 | because of health care services provided
or not provided by | ||||||
25 | licensed health care professionals.
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26 | (h) "Provider agency" means any public or nonprofit agency |
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1 | in a planning
and service area that is selected by the | ||||||
2 | Department or appointed by the regional administrative agency | ||||||
3 | with prior
approval by the Department on Aging to receive and | ||||||
4 | assess reports of
alleged or suspected abuse, neglect, or | ||||||
5 | financial exploitation. A provider agency is also referenced | ||||||
6 | as a "designated agency" in this Act.
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7 | (i) "Regional administrative agency" means any public or | ||||||
8 | nonprofit
agency in a planning and service area that provides | ||||||
9 | regional oversight and performs functions as set forth in | ||||||
10 | subsection (b) of Section 3 of this Act. The Department shall | ||||||
11 | designate an Area Agency on Aging as the regional | ||||||
12 | administrative agency or, in the event the Area Agency on | ||||||
13 | Aging in that planning and service area is deemed by the | ||||||
14 | Department to be unwilling or unable to provide those | ||||||
15 | functions, the Department may serve as the regional | ||||||
16 | administrative agency or designate another qualified entity to | ||||||
17 | serve as the regional administrative agency; any such | ||||||
18 | designation shall be subject to terms set forth by the | ||||||
19 | Department.
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20 | (i-5) "Self-neglect" means a condition that is the result | ||||||
21 | of an eligible adult's inability, due to physical or mental | ||||||
22 | impairments, or both, or a diminished capacity, to perform | ||||||
23 | essential self-care tasks that substantially threaten his or | ||||||
24 | her own health, including: providing essential food, clothing, | ||||||
25 | shelter, and health care; and obtaining goods and services | ||||||
26 | necessary to maintain physical health, mental health, |
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1 | emotional well-being, and general safety. The term includes | ||||||
2 | compulsive hoarding, which is characterized by the acquisition | ||||||
3 | and retention of large quantities of items and materials that | ||||||
4 | produce an extensively cluttered living space, which | ||||||
5 | significantly impairs the performance of essential self-care | ||||||
6 | tasks or otherwise substantially threatens life or safety.
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7 | (j) "Substantiated case" means a reported case of alleged | ||||||
8 | or suspected
abuse, neglect, financial exploitation, or | ||||||
9 | self-neglect in which a provider agency,
after assessment, | ||||||
10 | determines that there is reason to believe abuse,
neglect, or | ||||||
11 | financial exploitation has occurred.
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12 | (k) "Verified" means a determination that there is "clear | ||||||
13 | and convincing evidence" that the specific injury or harm | ||||||
14 | alleged was the result of abuse, neglect, or financial | ||||||
15 | exploitation. | ||||||
16 | (Source: P.A. 99-180, eff. 7-29-15; 100-641, eff. 1-1-19 .)
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17 | Section 99. Effective date. This Act takes effect upon | ||||||
18 | becoming law.
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