Bill Text: IL HB4643 | 2015-2016 | 99th General Assembly | Introduced
Bill Title: Amends the Department of Human Services Act. In a provision concerning investigative reports issued by the Office of the Inspector General, permits the Inspector General to release, on a case-by-case basis, an investigative report and the raw data used to compile the report to a local law enforcement entity or a State's Attorney's office upon written request. Corrects a spelling error in the definition of "egregious neglect".
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-02-05 - Referred to Rules Committee [HB4643 Detail]
Download: Illinois-2015-HB4643-Introduced.html
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1 | AN ACT concerning State government.
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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 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 | ||||||||||||||||||||||||
17 | within mental health facilities, developmental disabilities | ||||||||||||||||||||||||
18 | facilities, and community agencies operated, licensed, funded | ||||||||||||||||||||||||
19 | or certified by the Department of Human Services, but not | ||||||||||||||||||||||||
20 | licensed or certified by any other State agency. | ||||||||||||||||||||||||
21 | (b) Definitions. The following definitions apply to this | ||||||||||||||||||||||||
22 | Section: | ||||||||||||||||||||||||
23 | "Adult student with a disability" means an adult student, |
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1 | age 18 through 21, inclusive, with an Individual Education | ||||||
2 | Program, other than a resident of a facility licensed by the | ||||||
3 | Department of Children and Family Services in accordance with | ||||||
4 | the Child Care Act of 1969. For purposes of this definition, | ||||||
5 | "through age 21, inclusive", means through the day before the | ||||||
6 | student's 22nd birthday. | ||||||
7 | "Agency" or "community agency" means (i) a community agency | ||||||
8 | licensed, funded, or certified by the Department, but not | ||||||
9 | licensed or certified by any other human services agency of the | ||||||
10 | State, to provide mental health service or developmental | ||||||
11 | disabilities service, or (ii) a program licensed, funded, or | ||||||
12 | certified by the Department, but not licensed or certified by | ||||||
13 | any other human services agency of the State, to provide mental | ||||||
14 | health service or developmental disabilities service. | ||||||
15 | "Aggravating circumstance" means a factor that is | ||||||
16 | attendant to a finding and that tends to compound or increase | ||||||
17 | the culpability of the accused. | ||||||
18 | "Allegation" means an assertion, complaint, suspicion, or | ||||||
19 | incident involving any of the following conduct by an employee, | ||||||
20 | facility, or agency against an individual or individuals: | ||||||
21 | mental abuse, physical abuse, sexual abuse, neglect, or | ||||||
22 | financial exploitation. | ||||||
23 | "Day" means working day, unless otherwise specified. | ||||||
24 | "Deflection" means a situation in which an individual is | ||||||
25 | presented for admission to a facility or agency, and the | ||||||
26 | facility staff or agency staff do not admit the individual. |
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1 | "Deflection" includes triage, redirection, and denial of | ||||||
2 | admission. | ||||||
3 | "Department" means the Department of Human Services. | ||||||
4 | "Developmental disability" means "developmental | ||||||
5 | disability" as defined in the Mental Health and Developmental | ||||||
6 | Disabilities Code. | ||||||
7 | "Egregious neglect" means a finding of neglect as | ||||||
8 | determined by the Inspector General that (i) represents a gross | ||||||
9 | failure to adequately provide for, or a callous callused | ||||||
10 | indifference to, the health, safety, or medical needs of an | ||||||
11 | individual and (ii) results in an individual's death or other | ||||||
12 | serious deterioration of an individual's physical condition or | ||||||
13 | mental condition. | ||||||
14 | "Employee" means any person who provides services at the | ||||||
15 | facility or agency on-site or off-site. The service | ||||||
16 | relationship can be with the individual or with the facility or | ||||||
17 | agency. Also, "employee" includes any employee or contractual | ||||||
18 | agent of the Department of Human Services or the community | ||||||
19 | agency involved in providing or monitoring or administering | ||||||
20 | mental health or developmental disability services. This | ||||||
21 | includes but is not limited to: owners, operators, payroll | ||||||
22 | personnel, contractors, subcontractors, and volunteers. | ||||||
23 | "Facility" or "State-operated facility" means a mental | ||||||
24 | health facility or developmental disabilities facility | ||||||
25 | operated by the Department. | ||||||
26 | "Financial exploitation" means taking unjust advantage of |
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1 | an individual's assets, property, or financial resources | ||||||
2 | through deception, intimidation, or conversion for the | ||||||
3 | employee's, facility's, or agency's own advantage or benefit. | ||||||
4 | "Finding" means the Office of Inspector General's | ||||||
5 | determination regarding whether an allegation is | ||||||
6 | substantiated, unsubstantiated, or unfounded. | ||||||
7 | "Health care worker registry" or "registry" means the | ||||||
8 | health care worker registry created by the Nursing Home Care | ||||||
9 | Act. | ||||||
10 | "Individual" means any person receiving mental health | ||||||
11 | service, developmental disabilities service, or both from a | ||||||
12 | facility or agency, while either on-site or off-site. | ||||||
13 | "Mental abuse" means the use of demeaning, intimidating, or | ||||||
14 | threatening words, signs, gestures, or other actions by an | ||||||
15 | employee about an individual and in the presence of an | ||||||
16 | individual or individuals that results in emotional distress or | ||||||
17 | maladaptive behavior, or could have resulted in emotional | ||||||
18 | distress or maladaptive behavior, for any individual present. | ||||||
19 | "Mental illness" means "mental illness" as defined in the | ||||||
20 | Mental Health and Developmental Disabilities Code. | ||||||
21 | "Mentally ill" means having a mental illness. | ||||||
22 | "Mitigating circumstance" means a condition that (i) is | ||||||
23 | attendant to a finding, (ii) does not excuse or justify the | ||||||
24 | conduct in question, but (iii) may be considered in evaluating | ||||||
25 | the severity of the conduct, the culpability of the accused, or | ||||||
26 | both the severity of the conduct and the culpability of the |
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1 | accused. | ||||||
2 | "Neglect" means an employee's, agency's, or facility's | ||||||
3 | failure to provide adequate medical care, personal care, or | ||||||
4 | maintenance and that, as a consequence, (i) causes an | ||||||
5 | individual pain, injury, or emotional distress, (ii) results in | ||||||
6 | either an individual's maladaptive behavior or the | ||||||
7 | deterioration of an individual's physical condition or mental | ||||||
8 | condition, or (iii) places the individual's health or safety at | ||||||
9 | substantial risk. | ||||||
10 | "Person with a developmental disability" means a person | ||||||
11 | having a developmental disability. | ||||||
12 | "Physical abuse" means an employee's non-accidental and | ||||||
13 | inappropriate contact with an individual that causes bodily | ||||||
14 | harm. "Physical abuse" includes actions that cause bodily harm | ||||||
15 | as a result of an employee directing an individual or person to | ||||||
16 | physically abuse another individual. | ||||||
17 | "Recommendation" means an admonition, separate from a | ||||||
18 | finding, that requires action by the facility, agency, or | ||||||
19 | Department to correct a systemic issue, problem, or deficiency | ||||||
20 | identified during an investigation. | ||||||
21 | "Required reporter" means any employee who suspects, | ||||||
22 | witnesses, or is informed of an allegation of any one or more | ||||||
23 | of the following: mental abuse, physical abuse, sexual abuse, | ||||||
24 | neglect, or financial exploitation. | ||||||
25 | "Secretary" means the Chief Administrative Officer of the | ||||||
26 | Department. |
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1 | "Sexual abuse" means any sexual contact or intimate | ||||||
2 | physical contact between an employee and an individual, | ||||||
3 | including an employee's coercion or encouragement of an | ||||||
4 | individual to engage in sexual behavior that results in sexual | ||||||
5 | contact, intimate physical contact, sexual behavior, or | ||||||
6 | intimate physical behavior. Sexual abuse also includes (i) an | ||||||
7 | employee's actions that result in the sending or showing of | ||||||
8 | sexually explicit images to an individual via computer, | ||||||
9 | cellular phone, electronic mail, portable electronic device, | ||||||
10 | or other media with or without contact with the individual or | ||||||
11 | (ii) an employee's posting of sexually explicit images of an | ||||||
12 | individual online or elsewhere whether or not there is contact | ||||||
13 | with the individual. | ||||||
14 | "Sexually explicit images" includes, but is not limited to, | ||||||
15 | any material which depicts nudity, sexual conduct, or | ||||||
16 | sado-masochistic abuse, or which contains explicit and | ||||||
17 | detailed verbal descriptions or narrative accounts of sexual | ||||||
18 | excitement, sexual conduct, or sado-masochistic abuse. | ||||||
19 | "Substantiated" means there is a preponderance of the | ||||||
20 | evidence to support the allegation. | ||||||
21 | "Unfounded" means there is no credible evidence to support | ||||||
22 | the allegation. | ||||||
23 | "Unsubstantiated" means there is credible evidence, but | ||||||
24 | less than a preponderance of evidence to support the | ||||||
25 | allegation. | ||||||
26 | (c) Appointment. The Governor shall appoint, and the Senate |
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1 | shall confirm, an Inspector General. The Inspector General | ||||||
2 | shall be appointed for a term of 4 years and shall function | ||||||
3 | within the Department of Human Services and report to the | ||||||
4 | Secretary and the Governor. | ||||||
5 | (d) Operation and appropriation. The Inspector General | ||||||
6 | shall function independently within the Department with | ||||||
7 | respect to the operations of the Office, including the | ||||||
8 | performance of investigations and issuance of findings and | ||||||
9 | recommendations. The appropriation for the Office of Inspector | ||||||
10 | General shall be separate from the overall appropriation for | ||||||
11 | the Department. | ||||||
12 | (e) Powers and duties. The Inspector General shall | ||||||
13 | investigate reports of suspected mental abuse, physical abuse, | ||||||
14 | sexual abuse, neglect, or financial exploitation of | ||||||
15 | individuals in any mental health or developmental disabilities | ||||||
16 | facility or agency and shall have authority to take immediate | ||||||
17 | action to prevent any one or more of the following from | ||||||
18 | happening to individuals under its jurisdiction: mental abuse, | ||||||
19 | physical abuse, sexual abuse, neglect, or financial | ||||||
20 | exploitation. Upon written request of an agency of this State, | ||||||
21 | the Inspector General may assist another agency of the State in | ||||||
22 | investigating reports of the abuse, neglect, or abuse and | ||||||
23 | neglect of persons with mental illness, persons with | ||||||
24 | developmental disabilities, or persons with both. To comply | ||||||
25 | with the requirements of subsection (k) of this Section, the | ||||||
26 | Inspector General shall also review all reportable deaths for |
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1 | which there is no allegation of abuse or neglect. Nothing in | ||||||
2 | this Section shall preempt any duties of the Medical Review | ||||||
3 | Board set forth in the Mental Health and Developmental | ||||||
4 | Disabilities Code. The Inspector General shall have no | ||||||
5 | authority to investigate alleged violations of the State | ||||||
6 | Officials and Employees Ethics Act. Allegations of misconduct | ||||||
7 | under the State Officials and Employees Ethics Act shall be | ||||||
8 | referred to the Office of the Governor's Executive Inspector | ||||||
9 | General for investigation. | ||||||
10 | (f) Limitations. The Inspector General shall not conduct an | ||||||
11 | investigation within an agency or facility if that | ||||||
12 | investigation would be redundant to or interfere with an | ||||||
13 | investigation conducted by another State agency. The Inspector | ||||||
14 | General shall have no supervision over, or involvement in, the | ||||||
15 | routine programmatic, licensing, funding, or certification | ||||||
16 | operations of the Department. Nothing in this subsection limits | ||||||
17 | investigations by the Department that may otherwise be required | ||||||
18 | by law or that may be necessary in the Department's capacity as | ||||||
19 | central administrative authority responsible for the operation | ||||||
20 | of the State's mental health and developmental disabilities | ||||||
21 | facilities. | ||||||
22 | (g) Rulemaking authority. The Inspector General shall | ||||||
23 | promulgate rules establishing minimum requirements for | ||||||
24 | reporting allegations as well as for initiating, conducting, | ||||||
25 | and completing investigations based upon the nature of the | ||||||
26 | allegation or allegations. The rules shall clearly establish |
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1 | that if 2 or more State agencies could investigate an | ||||||
2 | allegation, the Inspector General shall not conduct an | ||||||
3 | investigation that would be redundant to, or interfere with, an | ||||||
4 | investigation conducted by another State agency. The rules | ||||||
5 | shall further clarify the method and circumstances under which | ||||||
6 | the Office of Inspector General may interact with the | ||||||
7 | licensing, funding, or certification units of the Department in | ||||||
8 | preventing further occurrences of mental abuse, physical | ||||||
9 | abuse, sexual abuse, neglect, egregious neglect, and financial | ||||||
10 | exploitation. | ||||||
11 | (h) Training programs. The Inspector General shall (i) | ||||||
12 | establish a comprehensive program to ensure that every person | ||||||
13 | authorized to conduct investigations receives ongoing training | ||||||
14 | relative to investigation techniques, communication skills, | ||||||
15 | and the appropriate means of interacting with persons receiving | ||||||
16 | treatment for mental illness, developmental disability, or | ||||||
17 | both mental illness and developmental disability, and (ii) | ||||||
18 | establish and conduct periodic training programs for facility | ||||||
19 | and agency employees concerning the prevention and reporting of | ||||||
20 | any one or more of the following: mental abuse, physical abuse, | ||||||
21 | sexual abuse, neglect, egregious neglect, or financial | ||||||
22 | exploitation. Nothing in this Section shall be deemed to | ||||||
23 | prevent the Office of Inspector General from conducting any | ||||||
24 | other training as determined by the Inspector General to be | ||||||
25 | necessary or helpful. | ||||||
26 | (i) Duty to cooperate. |
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1 | (1) The Inspector General shall at all times be granted | ||||||
2 | access to any facility or agency for the purpose of | ||||||
3 | investigating any allegation, conducting unannounced site | ||||||
4 | visits, monitoring compliance with a written response, or | ||||||
5 | completing any other statutorily assigned duty. The | ||||||
6 | Inspector General shall conduct unannounced site visits to | ||||||
7 | each facility at least annually for the purpose of | ||||||
8 | reviewing and making recommendations on systemic issues | ||||||
9 | relative to preventing, reporting, investigating, and | ||||||
10 | responding to all of the following: mental abuse, physical | ||||||
11 | abuse, sexual abuse, neglect, egregious neglect, or | ||||||
12 | financial exploitation. | ||||||
13 | (2) Any employee who fails to cooperate with an Office | ||||||
14 | of the Inspector General investigation is in violation of | ||||||
15 | this Act. Failure to cooperate with an investigation | ||||||
16 | includes, but is not limited to, any one or more of the | ||||||
17 | following: (i) creating and transmitting a false report to | ||||||
18 | the Office of the Inspector General hotline, (ii) providing | ||||||
19 | false information to an Office of the Inspector General | ||||||
20 | Investigator during an investigation, (iii) colluding with | ||||||
21 | other employees to cover up evidence, (iv) colluding with | ||||||
22 | other employees to provide false information to an Office | ||||||
23 | of the Inspector General investigator, (v) destroying | ||||||
24 | evidence, (vi) withholding evidence, or (vii) otherwise | ||||||
25 | obstructing an Office of the Inspector General | ||||||
26 | investigation. Additionally, any employee who, during an |
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1 | unannounced site visit or written response compliance | ||||||
2 | check, fails to cooperate with requests from the Office of | ||||||
3 | the Inspector General is in violation of this Act. | ||||||
4 | (j) Subpoena powers. The Inspector General shall have the | ||||||
5 | power to subpoena witnesses and compel the production of all | ||||||
6 | documents and physical evidence relating to his or her | ||||||
7 | investigations and any hearings authorized by this Act. This | ||||||
8 | subpoena power shall not extend to persons or documents of a | ||||||
9 | labor organization or its representatives insofar as the | ||||||
10 | persons are acting in a representative capacity to an employee | ||||||
11 | whose conduct is the subject of an investigation or the | ||||||
12 | documents relate to that representation. Any person who | ||||||
13 | otherwise fails to respond to a subpoena or who knowingly | ||||||
14 | provides false information to the Office of the Inspector | ||||||
15 | General by subpoena during an investigation is guilty of a | ||||||
16 | Class A misdemeanor. | ||||||
17 | (k) Reporting allegations and deaths. | ||||||
18 | (1) Allegations. If an employee witnesses, is told of, | ||||||
19 | or has reason to believe an incident of mental abuse, | ||||||
20 | physical abuse, sexual abuse, neglect, or financial | ||||||
21 | exploitation has occurred, the employee, agency, or | ||||||
22 | facility shall report the allegation by phone to the Office | ||||||
23 | of the Inspector General hotline according to the agency's | ||||||
24 | or facility's procedures, but in no event later than 4 | ||||||
25 | hours after the initial discovery of the incident, | ||||||
26 | allegation, or suspicion of any one or more of the |
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1 | following: mental abuse, physical abuse, sexual abuse, | ||||||
2 | neglect, or financial exploitation. A required reporter as | ||||||
3 | defined in subsection (b) of this Section who knowingly or | ||||||
4 | intentionally fails to comply with these reporting | ||||||
5 | requirements is guilty of a Class A misdemeanor. | ||||||
6 | (2) Deaths. Absent an allegation, a required reporter | ||||||
7 | shall, within 24 hours after initial discovery, report by | ||||||
8 | phone to the Office of the Inspector General hotline each | ||||||
9 | of the following: | ||||||
10 | (i) Any death of an individual occurring within 14 | ||||||
11 | calendar days after discharge or transfer of the | ||||||
12 | individual from a residential program or facility. | ||||||
13 | (ii) Any death of an individual occurring within 24 | ||||||
14 | hours after deflection from a residential program or | ||||||
15 | facility. | ||||||
16 | (iii) Any other death of an individual occurring at | ||||||
17 | an agency or facility or at any Department-funded site. | ||||||
18 | (3) Retaliation. It is a violation of this Act for any | ||||||
19 | employee or administrator of an agency or facility to take | ||||||
20 | retaliatory action against an employee who acts in good | ||||||
21 | faith in conformance with his or her duties as a required | ||||||
22 | reporter. | ||||||
23 | (l) Reporting to law enforcement. | ||||||
24 | (1) Reporting criminal acts. Within 24 hours after | ||||||
25 | determining that there is credible evidence indicating | ||||||
26 | that a criminal act may have been committed or that special |
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1 | expertise may be required in an investigation, the | ||||||
2 | Inspector General shall notify the Department of State | ||||||
3 | Police or other appropriate law enforcement authority, or | ||||||
4 | ensure that such notification is made. The Department of | ||||||
5 | State Police shall investigate any report from a | ||||||
6 | State-operated facility indicating a possible murder, | ||||||
7 | sexual assault, or other felony by an employee. All | ||||||
8 | investigations conducted by the Inspector General shall be | ||||||
9 | conducted in a manner designed to ensure the preservation | ||||||
10 | of evidence for possible use in a criminal prosecution. | ||||||
11 | (2) Reporting allegations of adult students with | ||||||
12 | disabilities. Upon receipt of a reportable allegation | ||||||
13 | regarding an adult student with a disability, the | ||||||
14 | Department's Office of the Inspector General shall | ||||||
15 | determine whether the allegation meets the criteria for the | ||||||
16 | Domestic Abuse Program under the Abuse of Adults with | ||||||
17 | Disabilities Intervention Act. If the allegation is | ||||||
18 | reportable to that program, the Office of the Inspector | ||||||
19 | General shall initiate an investigation. If the allegation | ||||||
20 | is not reportable to the Domestic Abuse Program, the Office | ||||||
21 | of the Inspector General shall make an expeditious referral | ||||||
22 | to the respective law enforcement entity. If the alleged | ||||||
23 | victim is already receiving services from the Department, | ||||||
24 | the Office of the Inspector General shall also make a | ||||||
25 | referral to the respective Department of Human Services' | ||||||
26 | Division or Bureau. |
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1 | (m) Investigative reports. Upon completion of an | ||||||
2 | investigation, the Office of Inspector General shall issue an | ||||||
3 | investigative report identifying whether the allegations are | ||||||
4 | substantiated, unsubstantiated, or unfounded. Within 10 | ||||||
5 | business days after the transmittal of a completed | ||||||
6 | investigative report substantiating an allegation, or if a | ||||||
7 | recommendation is made, the Inspector General shall provide the | ||||||
8 | investigative report on the case to the Secretary and to the | ||||||
9 | director of the facility or agency where any one or more of the | ||||||
10 | following occurred: mental abuse, physical abuse, sexual | ||||||
11 | abuse, neglect, egregious neglect, or financial exploitation. | ||||||
12 | In a substantiated case, the investigative report shall include | ||||||
13 | any mitigating or aggravating circumstances that were | ||||||
14 | identified during the investigation. If the case involves | ||||||
15 | substantiated neglect, the investigative report shall also | ||||||
16 | state whether egregious neglect was found. An investigative | ||||||
17 | report may also set forth recommendations. All investigative | ||||||
18 | reports prepared by the Office of the Inspector General shall | ||||||
19 | be considered confidential and shall not be released except as | ||||||
20 | provided by the law of this State or as required under | ||||||
21 | applicable federal law. Upon written request from a local law | ||||||
22 | enforcement entity or a State's Attorney's office, the Office | ||||||
23 | of Inspector General may, on a case-by-case basis, release the | ||||||
24 | investigative report and the raw data used to compile the | ||||||
25 | report to that law enforcement entity or State's Attorney's | ||||||
26 | office. Unsubstantiated and unfounded reports shall not be |
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1 | disclosed except as allowed under Section 6 of the Abused and | ||||||
2 | Neglected Long Term Care Facility Residents Reporting Act or as | ||||||
3 | set forth in this subsection . Raw data used to compile the | ||||||
4 | investigative report shall not be subject to release unless | ||||||
5 | required by law or a court order. "Raw data used to compile the | ||||||
6 | investigative report" includes, but is not limited to, any one | ||||||
7 | or more of the following: the initial complaint, witness | ||||||
8 | statements, photographs, investigator's notes, police reports, | ||||||
9 | or incident reports. If the allegations are substantiated, the | ||||||
10 | accused shall be provided with a redacted copy of the | ||||||
11 | investigative report. Death reports where there was no | ||||||
12 | allegation of abuse or neglect shall only be released pursuant | ||||||
13 | to applicable State or federal law or a valid court order. | ||||||
14 | (n) Written responses and reconsideration requests. | ||||||
15 | (1) Written responses. Within 30 calendar days from | ||||||
16 | receipt of a substantiated investigative report or an | ||||||
17 | investigative report which contains recommendations, | ||||||
18 | absent a reconsideration request, the facility or agency | ||||||
19 | shall file a written response that addresses, in a concise | ||||||
20 | and reasoned manner, the actions taken to: (i) protect the | ||||||
21 | individual; (ii) prevent recurrences; and (iii) eliminate | ||||||
22 | the problems identified. The response shall include the | ||||||
23 | implementation and completion dates of such actions. If the | ||||||
24 | written response is not filed within the allotted 30 | ||||||
25 | calendar day period, the Secretary shall determine the | ||||||
26 | appropriate corrective action to be taken. |
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1 | (2) Reconsideration requests. The facility, agency, | ||||||
2 | victim or guardian, or the subject employee may request | ||||||
3 | that the Office of Inspector General reconsider or clarify | ||||||
4 | its finding based upon additional information. | ||||||
5 | (o) Disclosure of the finding by the Inspector General. The | ||||||
6 | Inspector General shall disclose the finding of an | ||||||
7 | investigation to the following persons: (i) the Governor, (ii) | ||||||
8 | the Secretary, (iii) the director of the facility or agency, | ||||||
9 | (iv) the alleged victims and their guardians, (v) the | ||||||
10 | complainant, and (vi) the accused. This information shall | ||||||
11 | include whether the allegations were deemed substantiated, | ||||||
12 | unsubstantiated, or unfounded. | ||||||
13 | (p) Secretary review. Upon review of the Inspector | ||||||
14 | General's investigative report and any agency's or facility's | ||||||
15 | written response, the Secretary shall accept or reject the | ||||||
16 | written response and notify the Inspector General of that | ||||||
17 | determination. The Secretary may further direct that other | ||||||
18 | administrative action be taken, including, but not limited to, | ||||||
19 | any one or more of the following: (i) additional site visits, | ||||||
20 | (ii) training, (iii) provision of technical assistance | ||||||
21 | relative to administrative needs, licensure or certification, | ||||||
22 | or (iv) the imposition of appropriate sanctions. | ||||||
23 | (q) Action by facility or agency. Within 30 days of the | ||||||
24 | date the Secretary approves the written response or directs | ||||||
25 | that further administrative action be taken, the facility or | ||||||
26 | agency shall provide an implementation report to the Inspector |
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1 | General that provides the status of the action taken. The | ||||||
2 | facility or agency shall be allowed an additional 30 days to | ||||||
3 | send notice of completion of the action or to send an updated | ||||||
4 | implementation report. If the action has not been completed | ||||||
5 | within the additional 30 day period, the facility or agency | ||||||
6 | shall send updated implementation reports every 60 days until | ||||||
7 | completion. The Inspector General shall conduct a review of any | ||||||
8 | implementation plan that takes more than 120 days after | ||||||
9 | approval to complete, and shall monitor compliance through a | ||||||
10 | random review of approved written responses, which may include, | ||||||
11 | but are not limited to: (i) site visits, (ii) telephone | ||||||
12 | contact, and (iii) requests for additional documentation | ||||||
13 | evidencing compliance. | ||||||
14 | (r) Sanctions. Sanctions, if imposed by the Secretary under | ||||||
15 | Subdivision (p)(iv) of this Section, shall be designed to | ||||||
16 | prevent further acts of mental abuse, physical abuse, sexual | ||||||
17 | abuse, neglect, egregious neglect, or financial exploitation | ||||||
18 | or some combination of one or more of those acts at a facility | ||||||
19 | or agency, and may include any one or more of the following: | ||||||
20 | (1) Appointment of on-site monitors. | ||||||
21 | (2) Transfer or relocation of an individual or | ||||||
22 | individuals. | ||||||
23 | (3) Closure of units. | ||||||
24 | (4) Termination of any one or more of the following: | ||||||
25 | (i) Department licensing, (ii) funding, or (iii) | ||||||
26 | certification. |
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1 | The Inspector General may seek the assistance of the | ||||||
2 | Illinois Attorney General or the office of any State's Attorney | ||||||
3 | in implementing sanctions. | ||||||
4 | (s) Health care worker registry. | ||||||
5 | (1) Reporting to the registry. The Inspector General | ||||||
6 | shall report to the Department of Public Health's health | ||||||
7 | care worker registry, a public registry, the identity and | ||||||
8 | finding of each employee of a facility or agency against | ||||||
9 | whom there is a final investigative report containing a | ||||||
10 | substantiated allegation of physical or sexual abuse, | ||||||
11 | financial exploitation, or egregious neglect of an | ||||||
12 | individual. | ||||||
13 | (2) Notice to employee. Prior to reporting the name of | ||||||
14 | an employee, the employee shall be notified of the | ||||||
15 | Department's obligation to report and shall be granted an | ||||||
16 | opportunity to request an administrative hearing, the sole | ||||||
17 | purpose of which is to determine if the substantiated | ||||||
18 | finding warrants reporting to the registry. Notice to the | ||||||
19 | employee shall contain a clear and concise statement of the | ||||||
20 | grounds on which the report to the registry is based, offer | ||||||
21 | the employee an opportunity for a hearing, and identify the | ||||||
22 | process for requesting such a hearing. Notice is sufficient | ||||||
23 | if provided by certified mail to the employee's last known | ||||||
24 | address. If the employee fails to request a hearing within | ||||||
25 | 30 days from the date of the notice, the Inspector General | ||||||
26 | shall report the name of the employee to the registry. |
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1 | Nothing in this subdivision (s)(2) shall diminish or impair | ||||||
2 | the rights of a person who is a member of a collective | ||||||
3 | bargaining unit under the Illinois Public Labor Relations | ||||||
4 | Act or under any other federal labor statute. | ||||||
5 | (3) Registry hearings. If the employee requests an | ||||||
6 | administrative hearing, the employee shall be granted an | ||||||
7 | opportunity to appear before an administrative law judge to | ||||||
8 | present reasons why the employee's name should not be | ||||||
9 | reported to the registry. The Department shall bear the | ||||||
10 | burden of presenting evidence that establishes, by a | ||||||
11 | preponderance of the evidence, that the substantiated | ||||||
12 | finding warrants reporting to the registry. After | ||||||
13 | considering all the evidence presented, the administrative | ||||||
14 | law judge shall make a recommendation to the Secretary as | ||||||
15 | to whether the substantiated finding warrants reporting | ||||||
16 | the name of the employee to the registry. The Secretary | ||||||
17 | shall render the final decision. The Department and the | ||||||
18 | employee shall have the right to request that the | ||||||
19 | administrative law judge consider a stipulated disposition | ||||||
20 | of these proceedings. | ||||||
21 | (4) Testimony at registry hearings. A person who makes | ||||||
22 | a report or who investigates a report under this Act shall | ||||||
23 | testify fully in any judicial proceeding resulting from | ||||||
24 | such a report, as to any evidence of abuse or neglect, or | ||||||
25 | the cause thereof. No evidence shall be excluded by reason | ||||||
26 | of any common law or statutory privilege relating to |
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1 | communications between the alleged perpetrator of abuse or | ||||||
2 | neglect, or the individual alleged as the victim in the | ||||||
3 | report, and the person making or investigating the report. | ||||||
4 | Testimony at hearings is exempt from the confidentiality | ||||||
5 | requirements of subsection (f) of Section 10 of the Mental | ||||||
6 | Health and Developmental Disabilities Confidentiality Act. | ||||||
7 | (5) Employee's rights to collateral action. No | ||||||
8 | reporting to the registry shall occur and no hearing shall | ||||||
9 | be set or proceed if an employee notifies the Inspector | ||||||
10 | General in writing, including any supporting | ||||||
11 | documentation, that he or she is formally contesting an | ||||||
12 | adverse employment action resulting from a substantiated | ||||||
13 | finding by complaint filed with the Illinois Civil Service | ||||||
14 | Commission, or which otherwise seeks to enforce the | ||||||
15 | employee's rights pursuant to any applicable collective | ||||||
16 | bargaining agreement. If an action taken by an employer | ||||||
17 | against an employee as a result of a finding of physical | ||||||
18 | abuse, sexual abuse, or egregious neglect is overturned | ||||||
19 | through an action filed with the Illinois Civil Service | ||||||
20 | Commission or under any applicable collective bargaining | ||||||
21 | agreement and if that employee's name has already been sent | ||||||
22 | to the registry, the employee's name shall be removed from | ||||||
23 | the registry. | ||||||
24 | (6) Removal from registry. At any time after the report | ||||||
25 | to the registry, but no more than once in any 12-month | ||||||
26 | period, an employee may petition the Department in writing |
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1 | to remove his or her name from the registry. Upon receiving | ||||||
2 | notice of such request, the Inspector General shall conduct | ||||||
3 | an investigation into the petition. Upon receipt of such | ||||||
4 | request, an administrative hearing will be set by the | ||||||
5 | Department. At the hearing, the employee shall bear the | ||||||
6 | burden of presenting evidence that establishes, by a | ||||||
7 | preponderance of the evidence, that removal of the name | ||||||
8 | from the registry is in the public interest. The parties | ||||||
9 | may jointly request that the administrative law judge | ||||||
10 | consider a stipulated disposition of these proceedings. | ||||||
11 | (t) Review of Administrative Decisions. The Department | ||||||
12 | shall preserve a record of all proceedings at any formal | ||||||
13 | hearing conducted by the Department involving health care | ||||||
14 | worker registry hearings. Final administrative decisions of | ||||||
15 | the Department are subject to judicial review pursuant to | ||||||
16 | provisions of the Administrative Review Law. | ||||||
17 | (u) Quality Care Board. There is created, within the Office | ||||||
18 | of the Inspector General, a Quality Care Board to be composed | ||||||
19 | of 7 members appointed by the Governor with the advice and | ||||||
20 | consent of the Senate. One of the members shall be designated | ||||||
21 | as chairman by the Governor. Of the initial appointments made | ||||||
22 | by the Governor, 4 Board members shall each be appointed for a | ||||||
23 | term of 4 years and 3 members shall each be appointed for a | ||||||
24 | term of 2 years. Upon the expiration of each member's term, a | ||||||
25 | successor shall be appointed for a term of 4 years. In the case | ||||||
26 | of a vacancy in the office of any member, the Governor shall |
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| |||||||
1 | appoint a successor for the remainder of the unexpired term. | ||||||
2 | Members appointed by the Governor shall be qualified by | ||||||
3 | professional knowledge or experience in the area of law, | ||||||
4 | investigatory techniques, or in the area of care of the | ||||||
5 | mentally ill or care of persons with developmental | ||||||
6 | disabilities. Two members appointed by the Governor shall be | ||||||
7 | persons with a disability or a parent of a person with a | ||||||
8 | disability. Members shall serve without compensation, but | ||||||
9 | shall be reimbursed for expenses incurred in connection with | ||||||
10 | the performance of their duties as members. | ||||||
11 | The Board shall meet quarterly, and may hold other meetings | ||||||
12 | on the call of the chairman. Four members shall constitute a | ||||||
13 | quorum allowing the Board to conduct its business. The Board | ||||||
14 | may adopt rules and regulations it deems necessary to govern | ||||||
15 | its own procedures. | ||||||
16 | The Board shall monitor and oversee the operations, | ||||||
17 | policies, and procedures of the Inspector General to ensure the | ||||||
18 | prompt and thorough investigation of allegations of neglect and | ||||||
19 | abuse. In fulfilling these responsibilities, the Board may do | ||||||
20 | the following: | ||||||
21 | (1) Provide independent, expert consultation to the | ||||||
22 | Inspector General on policies and protocols for | ||||||
23 | investigations of alleged abuse, neglect, or both abuse and | ||||||
24 | neglect. | ||||||
25 | (2) Review existing regulations relating to the | ||||||
26 | operation of facilities. |
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| |||||||
1 | (3) Advise the Inspector General as to the content of | ||||||
2 | training activities authorized under this Section. | ||||||
3 | (4) Recommend policies concerning methods for | ||||||
4 | improving the intergovernmental relationships between the | ||||||
5 | Office of the Inspector General and other State or federal | ||||||
6 | offices. | ||||||
7 | (v) Annual report. The Inspector General shall provide to | ||||||
8 | the General Assembly and the Governor, no later than January 1 | ||||||
9 | of each year, a summary of reports and investigations made | ||||||
10 | under this Act for the prior fiscal year with respect to | ||||||
11 | individuals receiving mental health or developmental | ||||||
12 | disabilities services. The report shall detail the imposition | ||||||
13 | of sanctions, if any, and the final disposition of any | ||||||
14 | corrective or administrative action directed by the Secretary. | ||||||
15 | The summaries shall not contain any confidential or identifying | ||||||
16 | information of any individual, but shall include objective data | ||||||
17 | identifying any trends in the number of reported allegations, | ||||||
18 | the timeliness of the Office of the Inspector General's | ||||||
19 | investigations, and their disposition, for each facility and | ||||||
20 | Department-wide, for the most recent 3-year time period. The | ||||||
21 | report shall also identify, by facility, the staff-to-patient | ||||||
22 | ratios taking account of direct care staff only. The report | ||||||
23 | shall also include detailed recommended administrative actions | ||||||
24 | and matters for consideration by the General Assembly. | ||||||
25 | (w) Program audit. The Auditor General shall conduct a | ||||||
26 | program audit of the Office of the Inspector General on an |
| |||||||
| |||||||
1 | as-needed basis, as determined by the Auditor General. The | ||||||
2 | audit shall specifically include the Inspector General's | ||||||
3 | compliance with the Act and effectiveness in investigating | ||||||
4 | reports of allegations occurring in any facility or agency. The | ||||||
5 | Auditor General shall conduct the program audit according to | ||||||
6 | the provisions of the Illinois State Auditing Act and shall | ||||||
7 | report its findings to the General Assembly no later than | ||||||
8 | January 1 following the audit period.
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9 | (x) Nothing in this Section shall be construed to mean that | ||||||
10 | a patient is a victim of abuse or neglect because of health | ||||||
11 | care services appropriately provided or not provided by health | ||||||
12 | care professionals. | ||||||
13 | (y) Nothing in this Section shall require a facility, | ||||||
14 | including its employees, agents, medical staff members, and | ||||||
15 | health care professionals, to provide a service to a patient in | ||||||
16 | contravention of that patient's stated or implied objection to | ||||||
17 | the provision of that service on the ground that that service | ||||||
18 | conflicts with the patient's religious beliefs or practices, | ||||||
19 | nor shall the failure to provide a service to a patient be | ||||||
20 | considered abuse under this Section if the patient has objected | ||||||
21 | to the provision of that service based on his or her religious | ||||||
22 | beliefs or practices.
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23 | (Source: P.A. 98-49, eff. 7-1-13; 98-711, eff. 7-16-14; 99-143, | ||||||
24 | eff. 7-27-15; 99-323, eff. 8-7-15; revised 10-19-15.)
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