Bill Text: IL HB4021 | 2013-2014 | 98th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Public Aid Code. Makes a technical change in a Section concerning the amount and nature of medical assistance.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Failed) 2014-12-03 - Session Sine Die [HB4021 Detail]
Download: Illinois-2013-HB4021-Amended.html
Bill Title: Amends the Illinois Public Aid Code. Makes a technical change in a Section concerning the amount and nature of medical assistance.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Failed) 2014-12-03 - Session Sine Die [HB4021 Detail]
Download: Illinois-2013-HB4021-Amended.html
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1 | AMENDMENT TO HOUSE BILL 4021
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2 | AMENDMENT NO. ______. Amend House Bill 4021 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Department of Human Services Act is amended | ||||||
5 | by changing Section 1-17 as follows:
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6 | (20 ILCS 1305/1-17)
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7 | Sec. 1-17. Inspector General. | ||||||
8 | (a) Nature and purpose. It is the express intent of the | ||||||
9 | General Assembly to ensure the health, safety, and financial | ||||||
10 | condition of individuals receiving services in this State due | ||||||
11 | to mental illness, developmental disability, or both by | ||||||
12 | protecting those persons from acts of abuse, neglect, or both | ||||||
13 | by service providers. To that end, the Office of the Inspector | ||||||
14 | General for the Department of Human Services is created to | ||||||
15 | investigate and report upon allegations of the abuse, neglect, | ||||||
16 | or financial exploitation of individuals receiving services |
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1 | within mental health facilities, developmental disabilities | ||||||
2 | facilities, and community agencies operated, licensed, funded | ||||||
3 | or certified by the Department of Human Services, but not | ||||||
4 | licensed or certified by any other State agency. | ||||||
5 | (b) Definitions. The following definitions apply to this | ||||||
6 | Section: | ||||||
7 | "Adult student with a disability" means an adult student, | ||||||
8 | age 18 through 21, inclusive, with an Individual Education | ||||||
9 | Program, other than a resident of a facility licensed by the | ||||||
10 | Department of Children and Family Services in accordance with | ||||||
11 | the Child Care Act of 1969. For purposes of this definition, | ||||||
12 | "through age 21, inclusive", means through the day before the | ||||||
13 | student's 22nd birthday. | ||||||
14 | "Agency" or "community agency" means (i) a community agency | ||||||
15 | licensed, funded, or certified by the Department, but not | ||||||
16 | licensed or certified by any other human services agency of the | ||||||
17 | State, to provide mental health service or developmental | ||||||
18 | disabilities service, or (ii) a program licensed, funded, or | ||||||
19 | certified by the Department, but not licensed or certified by | ||||||
20 | any other human services agency of the State, to provide mental | ||||||
21 | health service or developmental disabilities service. | ||||||
22 | "Aggravating circumstance" means a factor that is | ||||||
23 | attendant to a finding and that tends to compound or increase | ||||||
24 | the culpability of the accused. | ||||||
25 | "Allegation" means an assertion, complaint, suspicion, or | ||||||
26 | incident involving any of the following conduct by an employee, |
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1 | facility, or agency against an individual or individuals: | ||||||
2 | mental abuse, physical abuse, sexual abuse, neglect, or | ||||||
3 | financial exploitation. | ||||||
4 | "Day" means working day, unless otherwise specified. | ||||||
5 | "Deflection" means a situation in which an individual is | ||||||
6 | presented for admission to a facility or agency, and the | ||||||
7 | facility staff or agency staff do not admit the individual. | ||||||
8 | "Deflection" includes triage, redirection, and denial of | ||||||
9 | admission. | ||||||
10 | "Department" means the Department of Human Services. | ||||||
11 | "Developmentally disabled" means having a developmental | ||||||
12 | disability. | ||||||
13 | "Developmental disability" means "developmental | ||||||
14 | disability" as defined in the Mental Health and Developmental | ||||||
15 | Disabilities Code. | ||||||
16 | "Egregious neglect" means a finding of neglect as | ||||||
17 | determined by the Inspector General that (i) represents a gross | ||||||
18 | failure to adequately provide for, or a callused indifference | ||||||
19 | to, the health, safety, or medical needs of an individual and | ||||||
20 | (ii) results in an individual's death or other serious | ||||||
21 | deterioration of an individual's physical condition or mental | ||||||
22 | condition. | ||||||
23 | "Employee" means any person who provides services at the | ||||||
24 | facility or agency on-site or off-site. The service | ||||||
25 | relationship can be with the individual or with the facility or | ||||||
26 | agency. Also, "employee" includes any employee or contractual |
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1 | agent of the Department of Human Services or the community | ||||||
2 | agency involved in providing or monitoring or administering | ||||||
3 | mental health or developmental disability services. This | ||||||
4 | includes but is not limited to: owners, operators, payroll | ||||||
5 | personnel, contractors, subcontractors, and volunteers. | ||||||
6 | "Facility" or "State-operated facility" means a mental | ||||||
7 | health facility or developmental disabilities facility | ||||||
8 | operated by the Department. | ||||||
9 | "Financial exploitation" means taking unjust advantage of | ||||||
10 | an individual's assets, property, or financial resources | ||||||
11 | through deception, intimidation, or conversion for the | ||||||
12 | employee's, facility's, or agency's own advantage or benefit. | ||||||
13 | "Finding" means the Office of Inspector General's | ||||||
14 | determination regarding whether an allegation is | ||||||
15 | substantiated, unsubstantiated, or unfounded. | ||||||
16 | "Health care worker registry" or "registry" means the | ||||||
17 | health care worker registry created by the Nursing Home Care | ||||||
18 | Act. | ||||||
19 | "Individual" means any person receiving mental health | ||||||
20 | service, developmental disabilities service, or both from a | ||||||
21 | facility or agency, while either on-site or off-site. | ||||||
22 | "Mental abuse" means the use of demeaning, intimidating, or | ||||||
23 | threatening words, signs, gestures, or other actions by an | ||||||
24 | employee about an individual and in the presence of an | ||||||
25 | individual or individuals that results in emotional distress or | ||||||
26 | maladaptive behavior, or could have resulted in emotional |
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1 | distress or maladaptive behavior, for any individual present. | ||||||
2 | "Mental illness" means "mental illness" as defined in the | ||||||
3 | Mental Health and Developmental Disabilities Code. | ||||||
4 | "Mentally ill" means having a mental illness. | ||||||
5 | "Mitigating circumstance" means a condition that (i) is | ||||||
6 | attendant to a finding, (ii) does not excuse or justify the | ||||||
7 | conduct in question, but (iii) may be considered in evaluating | ||||||
8 | the severity of the conduct, the culpability of the accused, or | ||||||
9 | both the severity of the conduct and the culpability of the | ||||||
10 | accused. | ||||||
11 | "Neglect" means an employee's, agency's, or facility's | ||||||
12 | failure to provide adequate medical care, personal care, or | ||||||
13 | maintenance and that, as a consequence, (i) causes an | ||||||
14 | individual pain, injury, or emotional distress, (ii) results in | ||||||
15 | either an individual's maladaptive behavior or the | ||||||
16 | deterioration of an individual's physical condition or mental | ||||||
17 | condition, or (iii) places the individual's health or safety at | ||||||
18 | substantial risk. | ||||||
19 | "Physical abuse" means an employee's non-accidental and | ||||||
20 | inappropriate contact with an individual that causes bodily | ||||||
21 | harm. "Physical abuse" includes actions that cause bodily harm | ||||||
22 | as a result of an employee directing an individual or person to | ||||||
23 | physically abuse another individual. | ||||||
24 | "Recommendation" means an admonition, separate from a | ||||||
25 | finding, that requires action by the facility, agency, or | ||||||
26 | Department to correct a systemic issue, problem, or deficiency |
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1 | identified during an investigation. | ||||||
2 | "Required reporter" means any employee who suspects, | ||||||
3 | witnesses, or is informed of an allegation of any one or more | ||||||
4 | of the following: mental abuse, physical abuse, sexual abuse, | ||||||
5 | neglect, or financial exploitation. | ||||||
6 | "Secretary" means the Chief Administrative Officer of the | ||||||
7 | Department. | ||||||
8 | "Sexual abuse" means any sexual contact or intimate | ||||||
9 | physical contact between an employee and an individual, | ||||||
10 | including an employee's coercion or encouragement of an | ||||||
11 | individual to engage in sexual behavior that results in sexual | ||||||
12 | contact, intimate physical contact, sexual behavior, or | ||||||
13 | intimate physical behavior. | ||||||
14 | "Substantiated" means there is a preponderance of the | ||||||
15 | evidence to support the allegation. | ||||||
16 | "Unfounded" means there is no credible evidence to support | ||||||
17 | the allegation. | ||||||
18 | "Unsubstantiated" means there is credible evidence, but | ||||||
19 | less than a preponderance of evidence to support the | ||||||
20 | allegation. | ||||||
21 | (c) Appointment. The Governor shall appoint, and the Senate | ||||||
22 | shall confirm, an Inspector General. The Inspector General | ||||||
23 | shall be appointed for a term of 4 years and shall function | ||||||
24 | within the Department of Human Services and report to the | ||||||
25 | Secretary and the Governor. | ||||||
26 | (d) Operation and appropriation. The Inspector General |
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1 | shall function independently within the Department with | ||||||
2 | respect to the operations of the Office, including the | ||||||
3 | performance of investigations and issuance of findings and | ||||||
4 | recommendations. The appropriation for the Office of Inspector | ||||||
5 | General shall be separate from the overall appropriation for | ||||||
6 | the Department. | ||||||
7 | (e) Powers and duties. The Inspector General shall | ||||||
8 | investigate reports of suspected mental abuse, physical abuse, | ||||||
9 | sexual abuse, neglect, or financial exploitation of | ||||||
10 | individuals in any mental health or developmental disabilities | ||||||
11 | facility or agency and shall have authority to take immediate | ||||||
12 | action to prevent any one or more of the following from | ||||||
13 | happening to individuals under its jurisdiction: mental abuse, | ||||||
14 | physical abuse, sexual abuse, neglect, or financial | ||||||
15 | exploitation. Upon written request of an agency of this State, | ||||||
16 | the Inspector General may assist another agency of the State in | ||||||
17 | investigating reports of the abuse, neglect, or abuse and | ||||||
18 | neglect of persons with mental illness, persons with | ||||||
19 | developmental disabilities, or persons with both. To comply | ||||||
20 | with the requirements of subsection (k) of this Section, the | ||||||
21 | Inspector General shall also review all reportable deaths for | ||||||
22 | which there is no allegation of abuse or neglect. Nothing in | ||||||
23 | this Section shall preempt any duties of the Medical Review | ||||||
24 | Board set forth in the Mental Health and Developmental | ||||||
25 | Disabilities Code. The Inspector General shall have no | ||||||
26 | authority to investigate alleged violations of the State |
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1 | Officials and Employees Ethics Act. Allegations of misconduct | ||||||
2 | under the State Officials and Employees Ethics Act shall be | ||||||
3 | referred to the Office of the Governor's Executive Inspector | ||||||
4 | General for investigation. | ||||||
5 | (f) Limitations. The Inspector General shall not conduct an | ||||||
6 | investigation within an agency or facility if that | ||||||
7 | investigation would be redundant to or interfere with an | ||||||
8 | investigation conducted by another State agency. The Inspector | ||||||
9 | General shall have no supervision over, or involvement in, the | ||||||
10 | routine programmatic, licensing, funding, or certification | ||||||
11 | operations of the Department. Nothing in this subsection limits | ||||||
12 | investigations by the Department that may otherwise be required | ||||||
13 | by law or that may be necessary in the Department's capacity as | ||||||
14 | central administrative authority responsible for the operation | ||||||
15 | of the State's mental health and developmental disabilities | ||||||
16 | facilities. | ||||||
17 | (g) Rulemaking authority. The Inspector General shall | ||||||
18 | promulgate rules establishing minimum requirements for | ||||||
19 | reporting allegations as well as for initiating, conducting, | ||||||
20 | and completing investigations based upon the nature of the | ||||||
21 | allegation or allegations. The rules shall clearly establish | ||||||
22 | that if 2 or more State agencies could investigate an | ||||||
23 | allegation, the Inspector General shall not conduct an | ||||||
24 | investigation that would be redundant to, or interfere with, an | ||||||
25 | investigation conducted by another State agency. The rules | ||||||
26 | shall further clarify the method and circumstances under which |
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1 | the Office of Inspector General may interact with the | ||||||
2 | licensing, funding, or certification units of the Department in | ||||||
3 | preventing further occurrences of mental abuse, physical | ||||||
4 | abuse, sexual abuse, neglect, egregious neglect, and financial | ||||||
5 | exploitation. | ||||||
6 | (h) Training programs. The Inspector General shall (i) | ||||||
7 | establish a comprehensive program to ensure that every person | ||||||
8 | authorized to conduct investigations receives ongoing training | ||||||
9 | relative to investigation techniques, communication skills, | ||||||
10 | and the appropriate means of interacting with persons receiving | ||||||
11 | treatment for mental illness, developmental disability, or | ||||||
12 | both mental illness and developmental disability, and (ii) | ||||||
13 | establish and conduct periodic training programs for facility | ||||||
14 | and agency employees concerning the prevention and reporting of | ||||||
15 | any one or more of the following: mental abuse, physical abuse, | ||||||
16 | sexual abuse, neglect, egregious neglect, or financial | ||||||
17 | exploitation. Nothing in this Section shall be deemed to | ||||||
18 | prevent the Office of Inspector General from conducting any | ||||||
19 | other training as determined by the Inspector General to be | ||||||
20 | necessary or helpful. | ||||||
21 | (i) Duty to cooperate. | ||||||
22 | (1) The Inspector General shall at all times be granted | ||||||
23 | access to any facility or agency for the purpose of | ||||||
24 | investigating any allegation, conducting unannounced site | ||||||
25 | visits, monitoring compliance with a written response, or | ||||||
26 | completing any other statutorily assigned duty. The |
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1 | Inspector General shall conduct unannounced site visits to | ||||||
2 | each facility at least annually for the purpose of | ||||||
3 | reviewing and making recommendations on systemic issues | ||||||
4 | relative to preventing, reporting, investigating, and | ||||||
5 | responding to all of the following: mental abuse, physical | ||||||
6 | abuse, sexual abuse, neglect, egregious neglect, or | ||||||
7 | financial exploitation. | ||||||
8 | (2) Any employee who fails to cooperate with an Office | ||||||
9 | of the Inspector General investigation is in violation of | ||||||
10 | this Act. Failure to cooperate with an investigation | ||||||
11 | includes, but is not limited to, any one or more of the | ||||||
12 | following: (i) creating and transmitting a false report to | ||||||
13 | the Office of the Inspector General hotline, (ii) providing | ||||||
14 | false information to an Office of the Inspector General | ||||||
15 | Investigator during an investigation, (iii) colluding with | ||||||
16 | other employees to cover up evidence, (iv) colluding with | ||||||
17 | other employees to provide false information to an Office | ||||||
18 | of the Inspector General investigator, (v) destroying | ||||||
19 | evidence, (vi) withholding evidence, or (vii) otherwise | ||||||
20 | obstructing an Office of the Inspector General | ||||||
21 | investigation. Additionally, any employee who, during an | ||||||
22 | unannounced site visit or written response compliance | ||||||
23 | check, fails to cooperate with requests from the Office of | ||||||
24 | the Inspector General is in violation of this Act. | ||||||
25 | (j) Subpoena powers. The Inspector General shall have the | ||||||
26 | power to subpoena witnesses and compel the production of all |
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1 | documents and physical evidence relating to his or her | ||||||
2 | investigations and any hearings authorized by this Act. This | ||||||
3 | subpoena power shall not extend to persons or documents of a | ||||||
4 | labor organization or its representatives insofar as the | ||||||
5 | persons are acting in a representative capacity to an employee | ||||||
6 | whose conduct is the subject of an investigation or the | ||||||
7 | documents relate to that representation. Any person who | ||||||
8 | otherwise fails to respond to a subpoena or who knowingly | ||||||
9 | provides false information to the Office of the Inspector | ||||||
10 | General by subpoena during an investigation is guilty of a | ||||||
11 | Class A misdemeanor. | ||||||
12 | (k) Reporting allegations and deaths. | ||||||
13 | (1) Allegations. If an employee witnesses, is told of, | ||||||
14 | or has reason to believe an incident of mental abuse, | ||||||
15 | physical abuse, sexual abuse, neglect, or financial | ||||||
16 | exploitation has occurred, the employee, agency, or | ||||||
17 | facility shall report the allegation by phone to the Office | ||||||
18 | of the Inspector General hotline according to the agency's | ||||||
19 | or facility's procedures, but in no event later than 4 | ||||||
20 | hours after the initial discovery of the incident, | ||||||
21 | allegation, or suspicion of any one or more of the | ||||||
22 | following: mental abuse, physical abuse, sexual abuse, | ||||||
23 | neglect, or financial exploitation. A required reporter as | ||||||
24 | defined in subsection (b) of this Section who knowingly or | ||||||
25 | intentionally fails to comply with these reporting | ||||||
26 | requirements is guilty of a Class A misdemeanor. |
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1 | (2) Deaths. Absent an allegation, a required reporter | ||||||
2 | shall, within 24 hours after initial discovery, report by | ||||||
3 | phone to the Office of the Inspector General hotline each | ||||||
4 | of the following: | ||||||
5 | (i) Any death of an individual occurring within 14 | ||||||
6 | calendar days after discharge or transfer of the | ||||||
7 | individual from a residential program or facility. | ||||||
8 | (ii) Any death of an individual occurring within 24 | ||||||
9 | hours after deflection from a residential program or | ||||||
10 | facility. | ||||||
11 | (iii) Any other death of an individual occurring at | ||||||
12 | an agency or facility or at any Department-funded site. | ||||||
13 | (3) Retaliation. It is a violation of this Act for any | ||||||
14 | employee or administrator of an agency or facility to take | ||||||
15 | retaliatory action against an employee who acts in good | ||||||
16 | faith in conformance with his or her duties as a required | ||||||
17 | reporter. | ||||||
18 | (l) Reporting to law enforcement. | ||||||
19 | (1) Reporting criminal acts. Within 24 hours after | ||||||
20 | determining that there is credible evidence indicating | ||||||
21 | that a criminal act may have been committed or that special | ||||||
22 | expertise may be required in an investigation, the | ||||||
23 | Inspector General shall notify the Department of State | ||||||
24 | Police or other appropriate law enforcement authority, or | ||||||
25 | ensure that such notification is made. The Department of | ||||||
26 | State Police shall investigate any report from a |
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1 | State-operated facility indicating a possible murder, | ||||||
2 | sexual assault, or other felony by an employee. All | ||||||
3 | investigations conducted by the Inspector General shall be | ||||||
4 | conducted in a manner designed to ensure the preservation | ||||||
5 | of evidence for possible use in a criminal prosecution. | ||||||
6 | (2) Reporting allegations of adult students with | ||||||
7 | disabilities. Upon receipt of a reportable allegation | ||||||
8 | regarding an adult student with a disability, the | ||||||
9 | Department's Office of the Inspector General shall | ||||||
10 | determine whether the allegation meets the criteria for the | ||||||
11 | Domestic Abuse Program under the Abuse of Adults with | ||||||
12 | Disabilities Intervention Act. If the allegation is | ||||||
13 | reportable to that program, the Office of the Inspector | ||||||
14 | General shall initiate an investigation. If the allegation | ||||||
15 | is not reportable to the Domestic Abuse Program, the Office | ||||||
16 | of the Inspector General shall make an expeditious referral | ||||||
17 | to the respective law enforcement entity. If the alleged | ||||||
18 | victim is already receiving services from the Department, | ||||||
19 | the Office of the Inspector General shall also make a | ||||||
20 | referral to the respective Department of Human Services' | ||||||
21 | Division or Bureau. | ||||||
22 | (m) Investigative reports. Upon completion of an | ||||||
23 | investigation, the Office of Inspector General shall issue an | ||||||
24 | investigative report identifying whether the allegations are | ||||||
25 | substantiated, unsubstantiated, or unfounded. Within 10 | ||||||
26 | business days after the transmittal of a completed |
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1 | investigative report substantiating an allegation, or if a | ||||||
2 | recommendation is made, the Inspector General shall provide the | ||||||
3 | investigative report on the case to the Secretary and to the | ||||||
4 | director of the facility or agency where any one or more of the | ||||||
5 | following occurred: mental abuse, physical abuse, sexual | ||||||
6 | abuse, neglect, egregious neglect, or financial exploitation. | ||||||
7 | In a substantiated case, the investigative report shall include | ||||||
8 | any mitigating or aggravating circumstances that were | ||||||
9 | identified during the investigation. If the case involves | ||||||
10 | substantiated neglect, the investigative report shall also | ||||||
11 | state whether egregious neglect was found. An investigative | ||||||
12 | report may also set forth recommendations. All investigative | ||||||
13 | reports prepared by the Office of the Inspector General shall | ||||||
14 | be considered confidential and shall not be released except as | ||||||
15 | provided by the law of this State or as required under | ||||||
16 | applicable federal law. Unsubstantiated and unfounded reports | ||||||
17 | shall not be disclosed except as allowed under Section 6 of the | ||||||
18 | Abused and Neglected Long Term Care Facility Residents | ||||||
19 | Reporting Act. Raw data used to compile the investigative | ||||||
20 | report shall not be subject to release unless required by law | ||||||
21 | or a court order. "Raw data used to compile the investigative | ||||||
22 | report" includes, but is not limited to, any one or more of the | ||||||
23 | following: the initial complaint, witness statements, | ||||||
24 | photographs, investigator's notes, police reports, or incident | ||||||
25 | reports. If the allegations are substantiated, the accused | ||||||
26 | shall be provided with a redacted copy of the investigative |
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1 | report. Death reports where there was no allegation of abuse or | ||||||
2 | neglect shall only be released pursuant to applicable State or | ||||||
3 | federal law or a valid court order. | ||||||
4 | (n) Written responses and reconsideration requests. | ||||||
5 | (1) Written responses. Within 30 calendar days from | ||||||
6 | receipt of a substantiated investigative report or an | ||||||
7 | investigative report which contains recommendations, | ||||||
8 | absent a reconsideration request, the facility or agency | ||||||
9 | shall file a written response that addresses, in a concise | ||||||
10 | and reasoned manner, the actions taken to: (i) protect the | ||||||
11 | individual; (ii) prevent recurrences; and (iii) eliminate | ||||||
12 | the problems identified. The response shall include the | ||||||
13 | implementation and completion dates of such actions. If the | ||||||
14 | written response is not filed within the allotted 30 | ||||||
15 | calendar day period, the Secretary shall determine the | ||||||
16 | appropriate corrective action to be taken. | ||||||
17 | (2) Reconsideration requests. The facility, agency, | ||||||
18 | victim or guardian, or the subject employee may request | ||||||
19 | that the Office of Inspector General reconsider or clarify | ||||||
20 | its finding based upon additional information. | ||||||
21 | (o) Disclosure of the finding by the Inspector General. The | ||||||
22 | Inspector General shall disclose the finding of an | ||||||
23 | investigation to the following persons: (i) the Governor, (ii) | ||||||
24 | the Secretary, (iii) the director of the facility or agency, | ||||||
25 | (iv) the alleged victims and their guardians, (v) the | ||||||
26 | complainant, and (vi) the accused. This information shall |
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1 | include whether the allegations were deemed substantiated, | ||||||
2 | unsubstantiated, or unfounded. | ||||||
3 | (p) Secretary review. Upon review of the Inspector | ||||||
4 | General's investigative report and any agency's or facility's | ||||||
5 | written response, the Secretary shall accept or reject the | ||||||
6 | written response and notify the Inspector General of that | ||||||
7 | determination. The Secretary may further direct that other | ||||||
8 | administrative action be taken, including, but not limited to, | ||||||
9 | any one or more of the following: (i) additional site visits, | ||||||
10 | (ii) training, (iii) provision of technical assistance | ||||||
11 | relative to administrative needs, licensure or certification, | ||||||
12 | or (iv) the imposition of appropriate sanctions. | ||||||
13 | (q) Action by facility or agency. Within 30 days of the | ||||||
14 | date the Secretary approves the written response or directs | ||||||
15 | that further administrative action be taken, the facility or | ||||||
16 | agency shall provide an implementation report to the Inspector | ||||||
17 | General that provides the status of the action taken. The | ||||||
18 | facility or agency shall be allowed an additional 30 days to | ||||||
19 | send notice of completion of the action or to send an updated | ||||||
20 | implementation report. If the action has not been completed | ||||||
21 | within the additional 30 day period, the facility or agency | ||||||
22 | shall send updated implementation reports every 60 days until | ||||||
23 | completion. The Inspector General shall conduct a review of any | ||||||
24 | implementation plan that takes more than 120 days after | ||||||
25 | approval to complete, and shall monitor compliance through a | ||||||
26 | random review of approved written responses, which may include, |
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1 | but are not limited to: (i) site visits, (ii) telephone | ||||||
2 | contact, and (iii) requests for additional documentation | ||||||
3 | evidencing compliance. | ||||||
4 | (r) Sanctions. Sanctions, if imposed by the Secretary under | ||||||
5 | Subdivision (p)(iv) of this Section, shall be designed to | ||||||
6 | prevent further acts of mental abuse, physical abuse, sexual | ||||||
7 | abuse, neglect, egregious neglect, or financial exploitation | ||||||
8 | or some combination of one or more of those acts at a facility | ||||||
9 | or agency, and may include any one or more of the following: | ||||||
10 | (1) Appointment of on-site monitors. | ||||||
11 | (2) Transfer or relocation of an individual or | ||||||
12 | individuals. | ||||||
13 | (3) Closure of units. | ||||||
14 | (4) Termination of any one or more of the following: | ||||||
15 | (i) Department licensing, (ii) funding, or (iii) | ||||||
16 | certification. | ||||||
17 | The Inspector General may seek the assistance of the | ||||||
18 | Illinois Attorney General or the office of any State's Attorney | ||||||
19 | in implementing sanctions. | ||||||
20 | (s) Health care worker registry. | ||||||
21 | (1) Reporting to the registry. The Inspector General | ||||||
22 | shall report to the Department of Public Health's health | ||||||
23 | care worker registry, a public registry, the identity and | ||||||
24 | finding of each employee of a facility or agency against | ||||||
25 | whom there is a final investigative report containing a | ||||||
26 | substantiated allegation of physical or sexual abuse , |
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1 | financial exploitation, or egregious neglect of an | ||||||
2 | individual. | ||||||
3 | (2) Notice to employee. Prior to reporting the name of | ||||||
4 | an employee, the employee shall be notified of the | ||||||
5 | Department's obligation to report and shall be granted an | ||||||
6 | opportunity to request an administrative hearing, the sole | ||||||
7 | purpose of which is to determine if the substantiated | ||||||
8 | finding warrants reporting to the registry. Notice to the | ||||||
9 | employee shall contain a clear and concise statement of the | ||||||
10 | grounds on which the report to the registry is based, offer | ||||||
11 | the employee an opportunity for a hearing, and identify the | ||||||
12 | process for requesting such a hearing. Notice is sufficient | ||||||
13 | if provided by certified mail to the employee's last known | ||||||
14 | address. If the employee fails to request a hearing within | ||||||
15 | 30 days from the date of the notice, the Inspector General | ||||||
16 | shall report the name of the employee to the registry. | ||||||
17 | Nothing in this subdivision (s)(2) shall diminish or impair | ||||||
18 | the rights of a person who is a member of a collective | ||||||
19 | bargaining unit under the Illinois Public Labor Relations | ||||||
20 | Act or under any other federal labor statute. | ||||||
21 | (3) Registry hearings. If the employee requests an | ||||||
22 | administrative hearing, the employee shall be granted an | ||||||
23 | opportunity to appear before an administrative law judge to | ||||||
24 | present reasons why the employee's name should not be | ||||||
25 | reported to the registry. The Department shall bear the | ||||||
26 | burden of presenting evidence that establishes, by a |
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1 | preponderance of the evidence, that the substantiated | ||||||
2 | finding warrants reporting to the registry. After | ||||||
3 | considering all the evidence presented, the administrative | ||||||
4 | law judge shall make a recommendation to the Secretary as | ||||||
5 | to whether the substantiated finding warrants reporting | ||||||
6 | the name of the employee to the registry. The Secretary | ||||||
7 | shall render the final decision. The Department and the | ||||||
8 | employee shall have the right to request that the | ||||||
9 | administrative law judge consider a stipulated disposition | ||||||
10 | of these proceedings. | ||||||
11 | (4) Testimony at registry hearings. A person who makes | ||||||
12 | a report or who investigates a report under this Act shall | ||||||
13 | testify fully in any judicial proceeding resulting from | ||||||
14 | such a report, as to any evidence of abuse or neglect, or | ||||||
15 | the cause thereof. No evidence shall be excluded by reason | ||||||
16 | of any common law or statutory privilege relating to | ||||||
17 | communications between the alleged perpetrator of abuse or | ||||||
18 | neglect, or the individual alleged as the victim in the | ||||||
19 | report, and the person making or investigating the report. | ||||||
20 | Testimony at hearings is exempt from the confidentiality | ||||||
21 | requirements of subsection (f) of Section 10 of the Mental | ||||||
22 | Health and Developmental Disabilities Confidentiality Act. | ||||||
23 | (5) Employee's rights to collateral action. No | ||||||
24 | reporting to the registry shall occur and no hearing shall | ||||||
25 | be set or proceed if an employee notifies the Inspector | ||||||
26 | General in writing, including any supporting |
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1 | documentation, that he or she is formally contesting an | ||||||
2 | adverse employment action resulting from a substantiated | ||||||
3 | finding by complaint filed with the Illinois Civil Service | ||||||
4 | Commission, or which otherwise seeks to enforce the | ||||||
5 | employee's rights pursuant to any applicable collective | ||||||
6 | bargaining agreement. If an action taken by an employer | ||||||
7 | against an employee as a result of a finding of physical | ||||||
8 | abuse, sexual abuse, or egregious neglect is overturned | ||||||
9 | through an action filed with the Illinois Civil Service | ||||||
10 | Commission or under any applicable collective bargaining | ||||||
11 | agreement and if that employee's name has already been sent | ||||||
12 | to the registry, the employee's name shall be removed from | ||||||
13 | the registry. | ||||||
14 | (6) Removal from registry. At any time after the report | ||||||
15 | to the registry, but no more than once in any 12-month | ||||||
16 | period, an employee may petition the Department in writing | ||||||
17 | to remove his or her name from the registry. Upon receiving | ||||||
18 | notice of such request, the Inspector General shall conduct | ||||||
19 | an investigation into the petition. Upon receipt of such | ||||||
20 | request, an administrative hearing will be set by the | ||||||
21 | Department. At the hearing, the employee shall bear the | ||||||
22 | burden of presenting evidence that establishes, by a | ||||||
23 | preponderance of the evidence, that removal of the name | ||||||
24 | from the registry is in the public interest. The parties | ||||||
25 | may jointly request that the administrative law judge | ||||||
26 | consider a stipulated disposition of these proceedings. |
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1 | (t) Review of Administrative Decisions. The Department | ||||||
2 | shall preserve a record of all proceedings at any formal | ||||||
3 | hearing conducted by the Department involving health care | ||||||
4 | worker registry hearings. Final administrative decisions of | ||||||
5 | the Department are subject to judicial review pursuant to | ||||||
6 | provisions of the Administrative Review Law. | ||||||
7 | (u) Quality Care Board. There is created, within the Office | ||||||
8 | of the Inspector General, a Quality Care Board to be composed | ||||||
9 | of 7 members appointed by the Governor with the advice and | ||||||
10 | consent of the Senate. One of the members shall be designated | ||||||
11 | as chairman by the Governor. Of the initial appointments made | ||||||
12 | by the Governor, 4 Board members shall each be appointed for a | ||||||
13 | term of 4 years and 3 members shall each be appointed for a | ||||||
14 | term of 2 years. Upon the expiration of each member's term, a | ||||||
15 | successor shall be appointed for a term of 4 years. In the case | ||||||
16 | of a vacancy in the office of any member, the Governor shall | ||||||
17 | appoint a successor for the remainder of the unexpired term. | ||||||
18 | Members appointed by the Governor shall be qualified by | ||||||
19 | professional knowledge or experience in the area of law, | ||||||
20 | investigatory techniques, or in the area of care of the | ||||||
21 | mentally ill or developmentally disabled. Two members | ||||||
22 | appointed by the Governor shall be persons with a disability or | ||||||
23 | a parent of a person with a disability. Members shall serve | ||||||
24 | without compensation, but shall be reimbursed for expenses | ||||||
25 | incurred in connection with the performance of their duties as | ||||||
26 | members. |
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1 | The Board shall meet quarterly, and may hold other meetings | ||||||
2 | on the call of the chairman. Four members shall constitute a | ||||||
3 | quorum allowing the Board to conduct its business. The Board | ||||||
4 | may adopt rules and regulations it deems necessary to govern | ||||||
5 | its own procedures. | ||||||
6 | The Board shall monitor and oversee the operations, | ||||||
7 | policies, and procedures of the Inspector General to ensure the | ||||||
8 | prompt and thorough investigation of allegations of neglect and | ||||||
9 | abuse. In fulfilling these responsibilities, the Board may do | ||||||
10 | the following: | ||||||
11 | (1) Provide independent, expert consultation to the | ||||||
12 | Inspector General on policies and protocols for | ||||||
13 | investigations of alleged abuse, neglect, or both abuse and | ||||||
14 | neglect. | ||||||
15 | (2) Review existing regulations relating to the | ||||||
16 | operation of facilities. | ||||||
17 | (3) Advise the Inspector General as to the content of | ||||||
18 | training activities authorized under this Section. | ||||||
19 | (4) Recommend policies concerning methods for | ||||||
20 | improving the intergovernmental relationships between the | ||||||
21 | Office of the Inspector General and other State or federal | ||||||
22 | offices. | ||||||
23 | (v) Annual report. The Inspector General shall provide to | ||||||
24 | the General Assembly and the Governor, no later than January 1 | ||||||
25 | of each year, a summary of reports and investigations made | ||||||
26 | under this Act for the prior fiscal year with respect to |
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1 | individuals receiving mental health or developmental | ||||||
2 | disabilities services. The report shall detail the imposition | ||||||
3 | of sanctions, if any, and the final disposition of any | ||||||
4 | corrective or administrative action directed by the Secretary. | ||||||
5 | The summaries shall not contain any confidential or identifying | ||||||
6 | information of any individual, but shall include objective data | ||||||
7 | identifying any trends in the number of reported allegations, | ||||||
8 | the timeliness of the Office of the Inspector General's | ||||||
9 | investigations, and their disposition, for each facility and | ||||||
10 | Department-wide, for the most recent 3-year time period. The | ||||||
11 | report shall also identify, by facility, the staff-to-patient | ||||||
12 | ratios taking account of direct care staff only. The report | ||||||
13 | shall also include detailed recommended administrative actions | ||||||
14 | and matters for consideration by the General Assembly. | ||||||
15 | (w) Program audit. The Auditor General shall conduct a | ||||||
16 | program audit of the Office of the Inspector General on an | ||||||
17 | as-needed basis, as determined by the Auditor General. The | ||||||
18 | audit shall specifically include the Inspector General's | ||||||
19 | compliance with the Act and effectiveness in investigating | ||||||
20 | reports of allegations occurring in any facility or agency. The | ||||||
21 | Auditor General shall conduct the program audit according to | ||||||
22 | the provisions of the Illinois State Auditing Act and shall | ||||||
23 | report its findings to the General Assembly no later than | ||||||
24 | January 1 following the audit period.
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25 | (x) Nothing in this Section shall be construed to mean that | ||||||
26 | a patient is a victim of abuse or neglect because of health |
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1 | care services appropriately provided or not provided by health | ||||||
2 | care professionals. | ||||||
3 | (y) Nothing in this Section shall require a facility, | ||||||
4 | including its employees, agents, medical staff members, and | ||||||
5 | health care professionals, to provide a service to a patient in | ||||||
6 | contravention of that patient's stated or implied objection to | ||||||
7 | the provision of that service on the ground that that service | ||||||
8 | conflicts with the patient's religious beliefs or practices, | ||||||
9 | nor shall the failure to provide a service to a patient be | ||||||
10 | considered abuse under this Section if the patient has objected | ||||||
11 | to the provision of that service based on his or her religious | ||||||
12 | beliefs or practices.
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13 | (Source: P.A. 98-49, eff. 7-1-13.)
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14 | Section 99. Effective date. This Act takes effect upon | ||||||
15 | becoming law.".
|