Bill Text: IL HB4847 | 2017-2018 | 100th General Assembly | Chaptered


Bill Title: Amends the Adult Protective Services Act. Expands the definition of "eligible adult" to include an adult who resides in any of the facilities that are excluded from the definition of "domestic living situation" if either: (i) the alleged abuse or neglect occurs outside of the facility and not under facility supervision and the alleged abuser is a family member, caregiver, or another person with a continuing relationship with the adult; or (ii) the alleged financial exploitation is perpetrated by a family member, caregiver, or another person with a continuing relationship with the adult, but who is not an employee of the facility where the adult resides.

Spectrum: Bipartisan Bill

Status: (Passed) 2018-07-27 - Public Act . . . . . . . . . 100-0641 [HB4847 Detail]

Download: Illinois-2017-HB4847-Chaptered.html



Public Act 100-0641
HB4847 EnrolledLRB100 17485 KTG 32654 b
AN ACT concerning aging.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Adult Protective Services Act is amended by
changing Section 2 as follows:
(320 ILCS 20/2) (from Ch. 23, par. 6602)
Sec. 2. Definitions. As used in this Act, unless the
context requires otherwise:
(a) "Abuse" means causing any physical, mental or sexual
injury to an eligible adult, including exploitation of such
adult's financial resources.
Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abuse, neglect, or self-neglect
for the sole reason that he or she is being furnished with or
relies upon treatment by spiritual means through prayer alone,
in accordance with the tenets and practices of a recognized
church or religious denomination.
Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abuse because of health care
services provided or not provided by licensed health care
professionals.
(a-5) "Abuser" means a person who abuses, neglects, or
financially exploits an eligible adult.
(a-6) "Adult with disabilities" means a person aged 18
through 59 who resides in a domestic living situation and whose
disability as defined in subsection (c-5) impairs his or her
ability to seek or obtain protection from abuse, neglect, or
exploitation.
(a-7) "Caregiver" means a person who either as a result of
a family relationship, voluntarily, or in exchange for
compensation has assumed responsibility for all or a portion of
the care of an eligible adult who needs assistance with
activities of daily living or instrumental activities of daily
living.
(b) "Department" means the Department on Aging of the State
of Illinois.
(c) "Director" means the Director of the Department.
(c-5) "Disability" means a physical or mental disability,
including, but not limited to, a developmental disability, an
intellectual disability, a mental illness as defined under the
Mental Health and Developmental Disabilities Code, or dementia
as defined under the Alzheimer's Disease Assistance Act.
(d) "Domestic living situation" means a residence where the
eligible adult at the time of the report lives alone or with
his or her family or a caregiver, or others, or other
community-based unlicensed facility, but is not:
(1) A licensed facility as defined in Section 1-113 of
the Nursing Home Care Act;
(1.5) A facility licensed under the ID/DD Community
Care Act;
(1.6) A facility licensed under the MC/DD Act;
(1.7) A facility licensed under the Specialized Mental
Health Rehabilitation Act of 2013;
(2) A "life care facility" as defined in the Life Care
Facilities Act;
(3) A home, institution, or other place operated by the
federal government or agency thereof or by the State of
Illinois;
(4) A hospital, sanitarium, or other institution, the
principal activity or business of which is the diagnosis,
care, and treatment of human illness through the
maintenance and operation of organized facilities
therefor, which is required to be licensed under the
Hospital Licensing Act;
(5) A "community living facility" as defined in the
Community Living Facilities Licensing Act;
(6) (Blank);
(7) A "community-integrated living arrangement" as
defined in the Community-Integrated Living Arrangements
Licensure and Certification Act or a "community
residential alternative" as licensed under that Act;
(8) An assisted living or shared housing establishment
as defined in the Assisted Living and Shared Housing Act;
or
(9) A supportive living facility as described in
Section 5-5.01a of the Illinois Public Aid Code.
(e) "Eligible adult" means either an adult with
disabilities aged 18 through 59 or a person aged 60 or older
who resides in a domestic living situation and is, or is
alleged to be, abused, neglected, or financially exploited by
another individual or who neglects himself or herself.
"Eligible adult" also includes an adult who resides in any of
the facilities that are excluded from the definition of
"domestic living situation" under paragraphs (1) through (9) of
subsection (d), if either: (i) the alleged abuse or neglect
occurs outside of the facility and not under facility
supervision and the alleged abuser is a family member,
caregiver, or another person who has a continuing relationship
with the adult; or (ii) the alleged financial exploitation is
perpetrated by a family member, caregiver, or another person
who has a continuing relationship with the adult, but who is
not an employee of the facility where the adult resides.
(f) "Emergency" means a situation in which an eligible
adult is living in conditions presenting a risk of death or
physical, mental or sexual injury and the provider agency has
reason to believe the eligible adult is unable to consent to
services which would alleviate that risk.
(f-1) "Financial exploitation" means the use of an eligible
adult's resources by another to the disadvantage of that adult
or the profit or advantage of a person other than that adult.
(f-5) "Mandated reporter" means any of the following
persons while engaged in carrying out their professional
duties:
(1) a professional or professional's delegate while
engaged in: (i) social services, (ii) law enforcement,
(iii) education, (iv) the care of an eligible adult or
eligible adults, or (v) any of the occupations required to
be licensed under the Clinical Psychologist Licensing Act,
the Clinical Social Work and Social Work Practice Act, the
Illinois Dental Practice Act, the Dietitian Nutritionist
Practice Act, the Marriage and Family Therapy Licensing
Act, the Medical Practice Act of 1987, the Naprapathic
Practice Act, the Nurse Practice Act, the Nursing Home
Administrators Licensing and Disciplinary Act, the
Illinois Occupational Therapy Practice Act, the Illinois
Optometric Practice Act of 1987, the Pharmacy Practice Act,
the Illinois Physical Therapy Act, the Physician Assistant
Practice Act of 1987, the Podiatric Medical Practice Act of
1987, the Respiratory Care Practice Act, the Professional
Counselor and Clinical Professional Counselor Licensing
and Practice Act, the Illinois Speech-Language Pathology
and Audiology Practice Act, the Veterinary Medicine and
Surgery Practice Act of 2004, and the Illinois Public
Accounting Act;
(1.5) an employee of an entity providing developmental
disabilities services or service coordination funded by
the Department of Human Services;
(2) an employee of a vocational rehabilitation
facility prescribed or supervised by the Department of
Human Services;
(3) an administrator, employee, or person providing
services in or through an unlicensed community based
facility;
(4) any religious practitioner who provides treatment
by prayer or spiritual means alone in accordance with the
tenets and practices of a recognized church or religious
denomination, except as to information received in any
confession or sacred communication enjoined by the
discipline of the religious denomination to be held
confidential;
(5) field personnel of the Department of Healthcare and
Family Services, Department of Public Health, and
Department of Human Services, and any county or municipal
health department;
(6) personnel of the Department of Human Services, the
Guardianship and Advocacy Commission, the State Fire
Marshal, local fire departments, the Department on Aging
and its subsidiary Area Agencies on Aging and provider
agencies, and the Office of State Long Term Care Ombudsman;
(7) any employee of the State of Illinois not otherwise
specified herein who is involved in providing services to
eligible adults, including professionals providing medical
or rehabilitation services and all other persons having
direct contact with eligible adults;
(8) a person who performs the duties of a coroner or
medical examiner; or
(9) a person who performs the duties of a paramedic or
an emergency medical technician.
(g) "Neglect" means another individual's failure to
provide an eligible adult with or willful withholding from an
eligible adult the necessities of life including, but not
limited to, food, clothing, shelter or health care. This
subsection does not create any new affirmative duty to provide
support to eligible adults. Nothing in this Act shall be
construed to mean that an eligible adult is a victim of neglect
because of health care services provided or not provided by
licensed health care professionals.
(h) "Provider agency" means any public or nonprofit agency
in a planning and service area that is selected by the
Department or appointed by the regional administrative agency
with prior approval by the Department on Aging to receive and
assess reports of alleged or suspected abuse, neglect, or
financial exploitation. A provider agency is also referenced as
a "designated agency" in this Act.
(i) "Regional administrative agency" means any public or
nonprofit agency in a planning and service area that provides
regional oversight and performs functions as set forth in
subsection (b) of Section 3 of this Act. The Department shall
designate an Area Agency on Aging as the regional
administrative agency or, in the event the Area Agency on Aging
in that planning and service area is deemed by the Department
to be unwilling or unable to provide those functions, the
Department may serve as the regional administrative agency or
designate another qualified entity to serve as the regional
administrative agency; any such designation shall be subject to
terms set forth by the Department.
(i-5) "Self-neglect" means a condition that is the result
of an eligible adult's inability, due to physical or mental
impairments, or both, or a diminished capacity, to perform
essential self-care tasks that substantially threaten his or
her own health, including: providing essential food, clothing,
shelter, and health care; and obtaining goods and services
necessary to maintain physical health, mental health,
emotional well-being, and general safety. The term includes
compulsive hoarding, which is characterized by the acquisition
and retention of large quantities of items and materials that
produce an extensively cluttered living space, which
significantly impairs the performance of essential self-care
tasks or otherwise substantially threatens life or safety.
(j) "Substantiated case" means a reported case of alleged
or suspected abuse, neglect, financial exploitation, or
self-neglect in which a provider agency, after assessment,
determines that there is reason to believe abuse, neglect, or
financial exploitation has occurred.
(k) "Verified" means a determination that there is "clear
and convincing evidence" that the specific injury or harm
alleged was the result of abuse, neglect, or financial
exploitation.
(Source: P.A. 98-49, eff. 7-1-13; 98-104, eff. 7-22-13; 98-756,
eff. 7-16-14; 98-1039, eff. 8-25-14; 99-180, eff. 7-29-15.)
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