Bill Text: IL HB5186 | 2021-2022 | 102nd General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Reinserts the provisions of the engrossed bill. Adds provisions amending the State Finance Act to repeal provisions concerning various special funds. Amends the Illinois Future of Work Act. Provides that the Illinois Future of Work Task Force shall submit its final report to the Governor and the General Assembly no later than June 1, 2022 (rather than May 1, 2022). Adds provisions amending the School Code. Repeals provisions concerning the School District Emergency Financial Assistance Fund, audit adjustments to State aid claims for alternative education programs, the Giant Steps Autism Center for Excellence pilot program, job training programs, posting of high-skilled manufacturing teaching resources, fast growth grants, the Alternative Route to Administrative Certification for National Board Certified Teachers, and the board of examiners. Amends the Illinois Coal and Energy Development Bond Act. Repeals specified provisions concerning bonds and investments. Amends the Department of Human Services Act. Removes provisions concerning the reporting of allegations of adult students with disabilities. Amends the State Finance Act. Repeals provisions concerning cash flow borrowing and general funds liquidity. Amends the Illinois Procurement Code. Removes a provision requiring the Department of Central Management Services to report on specified State agency reports. Amends the Community Services Act. Removes provisions concerning the creation and duties of a commission related to the financing for community services. Amends the Unified Code of Corrections. Repeals provisions concerning specified annual reports and a residential and transition treatment program for women. Amends the Illinois Act on the Aging. Makes changes to provisions concerning the Community Care Program. Makes conforming changes. Adds provisions amending the Employee Washroom Act, the Work Under Compressed Air Act, the Underground Sewer Employee Safety Act, and the Toxic Substances Disclosure to Employees Act. Provides that those Acts are inoperative until and unless certain federal occupational safety and health standards cease to be in effect. Amends the University of Illinois Hospital Act to repeal a provision concerning patient notice of observation status. Repeals the University of Illinois Gerontological Committee Act. Repeals the Illinois Health Policy Center Act. Amends the Health in All Policies Act to provide that the workgroup created under specified provisions shall submit its report to the General Assembly by December 31, 2022 (rather than December 31, 2020) and by December 31 of each year thereafter. Amends the Illinois Immigrant Impact Task Force Act. Provides that the Task Force shall report its findings and recommendations to the Governor and the General Assembly on or before December 31, 2022 (rather than May 31, 2022). Effective immediately.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2022-06-10 - Public Act . . . . . . . . . 102-1071 [HB5186 Detail]
Download: Illinois-2021-HB5186-Engrossed.html
Bill Title: Reinserts the provisions of the engrossed bill. Adds provisions amending the State Finance Act to repeal provisions concerning various special funds. Amends the Illinois Future of Work Act. Provides that the Illinois Future of Work Task Force shall submit its final report to the Governor and the General Assembly no later than June 1, 2022 (rather than May 1, 2022). Adds provisions amending the School Code. Repeals provisions concerning the School District Emergency Financial Assistance Fund, audit adjustments to State aid claims for alternative education programs, the Giant Steps Autism Center for Excellence pilot program, job training programs, posting of high-skilled manufacturing teaching resources, fast growth grants, the Alternative Route to Administrative Certification for National Board Certified Teachers, and the board of examiners. Amends the Illinois Coal and Energy Development Bond Act. Repeals specified provisions concerning bonds and investments. Amends the Department of Human Services Act. Removes provisions concerning the reporting of allegations of adult students with disabilities. Amends the State Finance Act. Repeals provisions concerning cash flow borrowing and general funds liquidity. Amends the Illinois Procurement Code. Removes a provision requiring the Department of Central Management Services to report on specified State agency reports. Amends the Community Services Act. Removes provisions concerning the creation and duties of a commission related to the financing for community services. Amends the Unified Code of Corrections. Repeals provisions concerning specified annual reports and a residential and transition treatment program for women. Amends the Illinois Act on the Aging. Makes changes to provisions concerning the Community Care Program. Makes conforming changes. Adds provisions amending the Employee Washroom Act, the Work Under Compressed Air Act, the Underground Sewer Employee Safety Act, and the Toxic Substances Disclosure to Employees Act. Provides that those Acts are inoperative until and unless certain federal occupational safety and health standards cease to be in effect. Amends the University of Illinois Hospital Act to repeal a provision concerning patient notice of observation status. Repeals the University of Illinois Gerontological Committee Act. Repeals the Illinois Health Policy Center Act. Amends the Health in All Policies Act to provide that the workgroup created under specified provisions shall submit its report to the General Assembly by December 31, 2022 (rather than December 31, 2020) and by December 31 of each year thereafter. Amends the Illinois Immigrant Impact Task Force Act. Provides that the Task Force shall report its findings and recommendations to the Governor and the General Assembly on or before December 31, 2022 (rather than May 31, 2022). Effective immediately.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2022-06-10 - Public Act . . . . . . . . . 102-1071 [HB5186 Detail]
Download: Illinois-2021-HB5186-Engrossed.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 | (20 ILCS 1110/7 rep.)
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5 | (20 ILCS 1110/8 rep.)
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6 | (20 ILCS 1110/9 rep.)
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7 | (20 ILCS 1110/10 rep.)
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8 | (20 ILCS 1110/11 rep.)
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9 | (20 ILCS 1110/12 rep.)
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10 | (20 ILCS 1110/13 rep.)
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11 | (20 ILCS 1110/14 rep.)
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12 | (20 ILCS 1110/15 rep.)
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13 | (20 ILCS 1110/16 rep.)
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14 | (20 ILCS 1110/17 rep.)
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15 | Section 5. The Illinois Coal and Energy Development Bond | ||||||
16 | Act is amended by repealing Sections 7, 8, 9, 10, 11, 12, 13, | ||||||
17 | 14, 15, 16, and 17.
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18 | Section 10. The Department of Human Services Act is | ||||||
19 | amended by changing Section 1-17 as follows:
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20 | (20 ILCS 1305/1-17)
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21 | Sec. 1-17. Inspector General. | ||||||
22 | (a) Nature and purpose. It is the express intent of the |
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1 | General Assembly to ensure the health, safety, and financial | ||||||
2 | condition of individuals receiving services in this State due | ||||||
3 | to mental illness, developmental disability, or both by | ||||||
4 | protecting those persons from acts of abuse, neglect, or both | ||||||
5 | by service providers. To that end, the Office of the Inspector | ||||||
6 | General for the Department of Human Services is created to | ||||||
7 | investigate and report upon allegations of the abuse, neglect, | ||||||
8 | or financial exploitation of individuals receiving services | ||||||
9 | within mental health facilities, developmental disabilities | ||||||
10 | facilities, and community agencies operated, licensed, funded, | ||||||
11 | or certified by the Department of Human Services, but not | ||||||
12 | licensed or certified by any other State agency. | ||||||
13 | (b) Definitions. The following definitions apply to this | ||||||
14 | Section: | ||||||
15 | "Adult student with a disability" means an adult student, | ||||||
16 | age 18 through 21, inclusive, with an Individual Education | ||||||
17 | Program, other than a resident of a facility licensed by the | ||||||
18 | Department of Children and Family Services in accordance with | ||||||
19 | the Child Care Act of 1969. For purposes of this definition, | ||||||
20 | "through age 21, inclusive", means through the day before the | ||||||
21 | student's 22nd birthday. | ||||||
22 | "Agency" or "community agency" means (i) a community | ||||||
23 | agency licensed, funded, or certified by the Department, but | ||||||
24 | not licensed or certified by any other human services agency | ||||||
25 | of the State, to provide mental health service or | ||||||
26 | developmental disabilities service, or (ii) a program |
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1 | licensed, funded, or certified by the Department, but not | ||||||
2 | licensed or certified by any other human services agency of | ||||||
3 | the State, to provide mental health service or developmental | ||||||
4 | disabilities service. | ||||||
5 | "Aggravating circumstance" means a factor that is | ||||||
6 | attendant to a finding and that tends to compound or increase | ||||||
7 | the culpability of the accused. | ||||||
8 | "Allegation" means an assertion, complaint, suspicion, or | ||||||
9 | incident involving any of the following conduct by an | ||||||
10 | employee, facility, or agency against an individual or | ||||||
11 | individuals: mental abuse, physical abuse, sexual abuse, | ||||||
12 | neglect, or financial exploitation. | ||||||
13 | "Day" means working day, unless otherwise specified. | ||||||
14 | "Deflection" means a situation in which an individual is | ||||||
15 | presented for admission to a facility or agency, and the | ||||||
16 | facility staff or agency staff do not admit the individual. | ||||||
17 | "Deflection" includes triage, redirection, and denial of | ||||||
18 | admission. | ||||||
19 | "Department" means the Department of Human Services. | ||||||
20 | "Developmental disability" means "developmental | ||||||
21 | disability" as defined in the Mental Health and Developmental | ||||||
22 | Disabilities Code. | ||||||
23 | "Egregious neglect" means a finding of neglect as | ||||||
24 | determined by the Inspector General that (i) represents a | ||||||
25 | gross failure to adequately provide for, or a callused | ||||||
26 | indifference to, the health, safety, or medical needs of an |
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1 | individual and (ii) results in an individual's death or other | ||||||
2 | serious deterioration of an individual's physical condition or | ||||||
3 | mental condition. | ||||||
4 | "Employee" means any person who provides services at the | ||||||
5 | facility or agency on-site or off-site. The service | ||||||
6 | relationship can be with the individual or with the facility | ||||||
7 | or agency. Also, "employee" includes any employee or | ||||||
8 | contractual agent of the Department of Human Services or the | ||||||
9 | community agency involved in providing or monitoring or | ||||||
10 | administering mental health or developmental disability | ||||||
11 | services. This includes but is not limited to: owners, | ||||||
12 | operators, payroll personnel, contractors, subcontractors, and | ||||||
13 | volunteers. | ||||||
14 | "Facility" or "State-operated facility" means a mental | ||||||
15 | health facility or developmental disabilities facility | ||||||
16 | operated by the Department. | ||||||
17 | "Financial exploitation" means taking unjust advantage of | ||||||
18 | an individual's assets, property, or financial resources | ||||||
19 | through deception, intimidation, or conversion for the | ||||||
20 | employee's, facility's, or agency's own advantage or benefit. | ||||||
21 | "Finding" means the Office of Inspector General's | ||||||
22 | determination regarding whether an allegation is | ||||||
23 | substantiated, unsubstantiated, or unfounded. | ||||||
24 | "Health Care Worker Registry" or "Registry" means the | ||||||
25 | Health Care Worker Registry under the Health Care Worker | ||||||
26 | Background Check Act. |
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1 | "Individual" means any person receiving mental health | ||||||
2 | service, developmental disabilities service, or both from a | ||||||
3 | facility or agency, while either on-site or off-site. | ||||||
4 | "Mental abuse" means the use of demeaning, intimidating, | ||||||
5 | or threatening words, signs, gestures, or other actions by an | ||||||
6 | employee about an individual and in the presence of an | ||||||
7 | individual or individuals that results in emotional distress | ||||||
8 | or maladaptive behavior, or could have resulted in emotional | ||||||
9 | distress or maladaptive behavior, for any individual present. | ||||||
10 | "Mental illness" means "mental illness" as defined in the | ||||||
11 | Mental Health and Developmental Disabilities Code. | ||||||
12 | "Mentally ill" means having a mental illness. | ||||||
13 | "Mitigating circumstance" means a condition that (i) is | ||||||
14 | attendant to a finding, (ii) does not excuse or justify the | ||||||
15 | conduct in question, but (iii) may be considered in evaluating | ||||||
16 | the severity of the conduct, the culpability of the accused, | ||||||
17 | or both the severity of the conduct and the culpability of the | ||||||
18 | accused. | ||||||
19 | "Neglect" means an employee's, agency's, or facility's | ||||||
20 | failure to provide adequate medical care, personal care, or | ||||||
21 | maintenance and that, as a consequence, (i) causes an | ||||||
22 | individual pain, injury, or emotional distress, (ii) results | ||||||
23 | in either an individual's maladaptive behavior or the | ||||||
24 | deterioration of an individual's physical condition or mental | ||||||
25 | condition, or (iii) places the individual's health or safety | ||||||
26 | at substantial risk. |
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1 | "Person with a developmental disability" means a person | ||||||
2 | having a developmental disability. | ||||||
3 | "Physical abuse" means an employee's non-accidental and | ||||||
4 | inappropriate contact with an individual that causes bodily | ||||||
5 | harm. "Physical abuse" includes actions that cause bodily harm | ||||||
6 | as a result of an employee directing an individual or person to | ||||||
7 | physically abuse another individual. | ||||||
8 | "Recommendation" means an admonition, separate from a | ||||||
9 | finding, that requires action by the facility, agency, or | ||||||
10 | Department to correct a systemic issue, problem, or deficiency | ||||||
11 | identified during an investigation. | ||||||
12 | "Required reporter" means any employee who suspects, | ||||||
13 | witnesses, or is informed of an allegation of any one or more | ||||||
14 | of the following: mental abuse, physical abuse, sexual abuse, | ||||||
15 | neglect, or financial exploitation. | ||||||
16 | "Secretary" means the Chief Administrative Officer of the | ||||||
17 | Department. | ||||||
18 | "Sexual abuse" means any sexual contact or intimate | ||||||
19 | physical contact between an employee and an individual, | ||||||
20 | including an employee's coercion or encouragement of an | ||||||
21 | individual to engage in sexual behavior that results in sexual | ||||||
22 | contact, intimate physical contact, sexual behavior, or | ||||||
23 | intimate physical behavior. Sexual abuse also includes (i) an | ||||||
24 | employee's actions that result in the sending or showing of | ||||||
25 | sexually explicit images to an individual via computer, | ||||||
26 | cellular phone, electronic mail, portable electronic device, |
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1 | or other media with or without contact with the individual or | ||||||
2 | (ii) an employee's posting of sexually explicit images of an | ||||||
3 | individual online or elsewhere whether or not there is contact | ||||||
4 | with the individual. | ||||||
5 | "Sexually explicit images" includes, but is not limited | ||||||
6 | to, any material which depicts nudity, sexual conduct, or | ||||||
7 | sado-masochistic abuse, or which contains explicit and | ||||||
8 | detailed verbal descriptions or narrative accounts of sexual | ||||||
9 | excitement, sexual conduct, or sado-masochistic abuse. | ||||||
10 | "Substantiated" means there is a preponderance of the | ||||||
11 | evidence to support the allegation. | ||||||
12 | "Unfounded" means there is no credible evidence to support | ||||||
13 | the allegation. | ||||||
14 | "Unsubstantiated" means there is credible evidence, but | ||||||
15 | less than a preponderance of evidence to support the | ||||||
16 | allegation. | ||||||
17 | (c) Appointment. The Governor shall appoint, and the | ||||||
18 | Senate shall confirm, an Inspector General. The Inspector | ||||||
19 | General shall be appointed for a term of 4 years and shall | ||||||
20 | function within the Department of Human Services and report to | ||||||
21 | the Secretary and the Governor. | ||||||
22 | (d) Operation and appropriation. The Inspector General | ||||||
23 | shall function independently within the Department with | ||||||
24 | respect to the operations of the Office, including the | ||||||
25 | performance of investigations and issuance of findings and | ||||||
26 | recommendations. The appropriation for the Office of Inspector |
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1 | General shall be separate from the overall appropriation for | ||||||
2 | the Department. | ||||||
3 | (e) Powers and duties. The Inspector General shall | ||||||
4 | investigate reports of suspected mental abuse, physical abuse, | ||||||
5 | sexual abuse, neglect, or financial exploitation of | ||||||
6 | individuals in any mental health or developmental disabilities | ||||||
7 | facility or agency and shall have authority to take immediate | ||||||
8 | action to prevent any one or more of the following from | ||||||
9 | happening to individuals under its jurisdiction: mental abuse, | ||||||
10 | physical abuse, sexual abuse, neglect, or financial | ||||||
11 | exploitation. Upon written request of an agency of this State, | ||||||
12 | the Inspector General may assist another agency of the State | ||||||
13 | in investigating reports of the abuse, neglect, or abuse and | ||||||
14 | neglect of persons with mental illness, persons with | ||||||
15 | developmental disabilities, or persons with both. To comply | ||||||
16 | with the requirements of subsection (k) of this Section, the | ||||||
17 | Inspector General shall also review all reportable deaths for | ||||||
18 | which there is no allegation of abuse or neglect. Nothing in | ||||||
19 | this Section shall preempt any duties of the Medical Review | ||||||
20 | Board set forth in the Mental Health and Developmental | ||||||
21 | Disabilities Code. The Inspector General shall have no | ||||||
22 | authority to investigate alleged violations of the State | ||||||
23 | Officials and Employees Ethics Act. Allegations of misconduct | ||||||
24 | under the State Officials and Employees Ethics Act shall be | ||||||
25 | referred to the Office of the Governor's Executive Inspector | ||||||
26 | General for investigation. |
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1 | (f) Limitations. The Inspector General shall not conduct | ||||||
2 | an investigation within an agency or facility if that | ||||||
3 | investigation would be redundant to or interfere with an | ||||||
4 | investigation conducted by another State agency. The Inspector | ||||||
5 | General shall have no supervision over, or involvement in, the | ||||||
6 | routine programmatic, licensing, funding, or certification | ||||||
7 | operations of the Department. Nothing in this subsection | ||||||
8 | limits investigations by the Department that may otherwise be | ||||||
9 | required by law or that may be necessary in the Department's | ||||||
10 | capacity as central administrative authority responsible for | ||||||
11 | the operation of the State's mental health and developmental | ||||||
12 | disabilities facilities. | ||||||
13 | (g) Rulemaking authority. The Inspector General shall | ||||||
14 | promulgate rules establishing minimum requirements for | ||||||
15 | reporting allegations as well as for initiating, conducting, | ||||||
16 | and completing investigations based upon the nature of the | ||||||
17 | allegation or allegations. The rules shall clearly establish | ||||||
18 | that if 2 or more State agencies could investigate an | ||||||
19 | allegation, the Inspector General shall not conduct an | ||||||
20 | investigation that would be redundant to, or interfere with, | ||||||
21 | an investigation conducted by another State agency. The rules | ||||||
22 | shall further clarify the method and circumstances under which | ||||||
23 | the Office of Inspector General may interact with the | ||||||
24 | licensing, funding, or certification units of the Department | ||||||
25 | in preventing further occurrences of mental abuse, physical | ||||||
26 | abuse, sexual abuse, neglect, egregious neglect, and financial |
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1 | exploitation. | ||||||
2 | (h) Training programs. The Inspector General shall (i) | ||||||
3 | establish a comprehensive program to ensure that every person | ||||||
4 | authorized to conduct investigations receives ongoing training | ||||||
5 | relative to investigation techniques, communication skills, | ||||||
6 | and the appropriate means of interacting with persons | ||||||
7 | receiving treatment for mental illness, developmental | ||||||
8 | disability, or both mental illness and developmental | ||||||
9 | disability, and (ii) establish and conduct periodic training | ||||||
10 | programs for facility and agency employees concerning the | ||||||
11 | prevention and reporting of any one or more of the following: | ||||||
12 | mental abuse, physical abuse, sexual abuse, neglect, egregious | ||||||
13 | neglect, or financial exploitation. The Inspector General | ||||||
14 | shall further ensure (i) every person authorized to conduct | ||||||
15 | investigations at community agencies receives ongoing training | ||||||
16 | in Title 59, Parts 115, 116, and 119 of the Illinois | ||||||
17 | Administrative Code, and (ii) every person authorized to | ||||||
18 | conduct investigations shall receive ongoing training in Title | ||||||
19 | 59, Part 50 of the Illinois Administrative Code. Nothing in | ||||||
20 | this Section shall be deemed to prevent the Office of | ||||||
21 | Inspector General from conducting any other training as | ||||||
22 | determined by the Inspector General to be necessary or | ||||||
23 | helpful. | ||||||
24 | (i) Duty to cooperate. | ||||||
25 | (1) The Inspector General shall at all times be | ||||||
26 | granted access to any facility or agency for the purpose |
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1 | of investigating any allegation, conducting unannounced | ||||||
2 | site visits, monitoring compliance with a written | ||||||
3 | response, or completing any other statutorily assigned | ||||||
4 | duty. The Inspector General shall conduct unannounced site | ||||||
5 | visits to each facility at least annually for the purpose | ||||||
6 | of reviewing and making recommendations on systemic issues | ||||||
7 | relative to preventing, reporting, investigating, and | ||||||
8 | responding to all of the following: mental abuse, physical | ||||||
9 | abuse, sexual abuse, neglect, egregious neglect, or | ||||||
10 | financial exploitation. | ||||||
11 | (2) Any employee who fails to cooperate with an Office | ||||||
12 | of the Inspector General investigation is in violation of | ||||||
13 | this Act. Failure to cooperate with an investigation | ||||||
14 | includes, but is not limited to, any one or more of the | ||||||
15 | following: (i) creating and transmitting a false report to | ||||||
16 | the Office of the Inspector General hotline, (ii) | ||||||
17 | providing false information to an Office of the Inspector | ||||||
18 | General Investigator during an investigation, (iii) | ||||||
19 | colluding with other employees to cover up evidence, (iv) | ||||||
20 | colluding with other employees to provide false | ||||||
21 | information to an Office of the Inspector General | ||||||
22 | investigator, (v) destroying evidence, (vi) withholding | ||||||
23 | evidence, or (vii) otherwise obstructing an Office of the | ||||||
24 | Inspector General investigation. Additionally, any | ||||||
25 | employee who, during an unannounced site visit or written | ||||||
26 | response compliance check, fails to cooperate with |
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1 | requests from the Office of the Inspector General is in | ||||||
2 | violation of this Act. | ||||||
3 | (j) Subpoena powers. The Inspector General shall have the | ||||||
4 | power to subpoena witnesses and compel the production of all | ||||||
5 | documents and physical evidence relating to his or her | ||||||
6 | investigations and any hearings authorized by this Act. This | ||||||
7 | subpoena power shall not extend to persons or documents of a | ||||||
8 | labor organization or its representatives insofar as the | ||||||
9 | persons are acting in a representative capacity to an employee | ||||||
10 | whose conduct is the subject of an investigation or the | ||||||
11 | documents relate to that representation. Any person who | ||||||
12 | otherwise fails to respond to a subpoena or who knowingly | ||||||
13 | provides false information to the Office of the Inspector | ||||||
14 | General by subpoena during an investigation is guilty of a | ||||||
15 | Class A misdemeanor. | ||||||
16 | (k) Reporting allegations and deaths. | ||||||
17 | (1) Allegations. If an employee witnesses, is told of, | ||||||
18 | or has reason to believe an incident of mental abuse, | ||||||
19 | physical abuse, sexual abuse, neglect, or financial | ||||||
20 | exploitation has occurred, the employee, agency, or | ||||||
21 | facility shall report the allegation by phone to the | ||||||
22 | Office of the Inspector General hotline according to the | ||||||
23 | agency's or facility's procedures, but in no event later | ||||||
24 | than 4 hours after the initial discovery of the incident, | ||||||
25 | allegation, or suspicion of any one or more of the | ||||||
26 | following: mental abuse, physical abuse, sexual abuse, |
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1 | neglect, or financial exploitation. A required reporter as | ||||||
2 | defined in subsection (b) of this Section who knowingly or | ||||||
3 | intentionally fails to comply with these reporting | ||||||
4 | requirements is guilty of a Class A misdemeanor. | ||||||
5 | (2) Deaths. Absent an allegation, a required reporter | ||||||
6 | shall, within 24 hours after initial discovery, report by | ||||||
7 | phone to the Office of the Inspector General hotline each | ||||||
8 | of the following: | ||||||
9 | (i) Any death of an individual occurring within 14 | ||||||
10 | calendar days after discharge or transfer of the | ||||||
11 | individual from a residential program or facility. | ||||||
12 | (ii) Any death of an individual occurring within | ||||||
13 | 24 hours after deflection from a residential program | ||||||
14 | or facility. | ||||||
15 | (iii) Any other death of an individual occurring | ||||||
16 | at an agency or facility or at any Department-funded | ||||||
17 | 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. (1) Reporting criminal | ||||||
24 | acts. Within 24 hours after determining that there is credible | ||||||
25 | evidence indicating that a criminal act may have been | ||||||
26 | committed or that special expertise may be required in an |
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1 | investigation, the Inspector General shall notify the Illinois | ||||||
2 | State Police or other appropriate law enforcement authority, | ||||||
3 | or ensure that such notification is made. The Illinois State | ||||||
4 | Police shall investigate any report from a State-operated | ||||||
5 | facility indicating a possible murder, sexual assault, or | ||||||
6 | other felony by an employee. All investigations conducted by | ||||||
7 | the Inspector General shall be conducted in a manner designed | ||||||
8 | to ensure the preservation of evidence for possible use in a | ||||||
9 | criminal prosecution. | ||||||
10 | (2) Reporting allegations of adult students with | ||||||
11 | disabilities. Upon receipt of a reportable allegation | ||||||
12 | regarding an adult student with a disability, the | ||||||
13 | Department's Office of the Inspector General shall | ||||||
14 | determine whether the allegation meets the criteria for | ||||||
15 | the Domestic Abuse Program under the Abuse of Adults with | ||||||
16 | Disabilities Intervention Act. If the allegation is | ||||||
17 | reportable to that program, the Office of the Inspector | ||||||
18 | General shall initiate an investigation. If the allegation | ||||||
19 | is not reportable to the Domestic Abuse Program, the | ||||||
20 | Office of the Inspector General shall make an expeditious | ||||||
21 | referral to the respective law enforcement entity. If the | ||||||
22 | alleged victim is already receiving services from the | ||||||
23 | Department, the Office of the Inspector General shall also | ||||||
24 | make a referral to the respective Department of Human | ||||||
25 | Services' Division or Bureau. | ||||||
26 | (m) Investigative reports. Upon completion of an |
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1 | investigation, the Office of Inspector General shall issue an | ||||||
2 | investigative report identifying whether the allegations are | ||||||
3 | substantiated, unsubstantiated, or unfounded. Within 10 | ||||||
4 | business days after the transmittal of a completed | ||||||
5 | investigative report substantiating an allegation, finding an | ||||||
6 | allegation is unsubstantiated, or if a recommendation is made, | ||||||
7 | the Inspector General shall provide the investigative report | ||||||
8 | on the case to the Secretary and to the director of the | ||||||
9 | facility or agency where any one or more of the following | ||||||
10 | occurred: mental abuse, physical abuse, sexual abuse, neglect, | ||||||
11 | egregious neglect, or financial exploitation. The director of | ||||||
12 | the facility or agency shall be responsible for maintaining | ||||||
13 | the confidentiality of the investigative report consistent | ||||||
14 | with State and federal law. In a substantiated case, the | ||||||
15 | investigative report shall include any mitigating or | ||||||
16 | aggravating circumstances that were identified during the | ||||||
17 | investigation. If the case involves substantiated neglect, the | ||||||
18 | investigative report shall also state whether egregious | ||||||
19 | neglect was found. An investigative report may also set forth | ||||||
20 | recommendations. All investigative reports prepared by the | ||||||
21 | Office of the Inspector General shall be considered | ||||||
22 | confidential and shall not be released except as provided by | ||||||
23 | the law of this State or as required under applicable federal | ||||||
24 | law. Unsubstantiated and unfounded reports shall not be | ||||||
25 | disclosed except as allowed under Section 6 of the Abused and | ||||||
26 | Neglected Long Term Care Facility Residents Reporting Act. Raw |
| |||||||
| |||||||
1 | data used to compile the investigative report shall not be | ||||||
2 | subject to release unless required by law or a court order. | ||||||
3 | "Raw data used to compile the investigative report" includes, | ||||||
4 | but is not limited to, any one or more of the following: the | ||||||
5 | initial complaint, witness statements, photographs, | ||||||
6 | investigator's notes, police reports, or incident reports. If | ||||||
7 | the allegations are substantiated, the victim, the victim's | ||||||
8 | guardian, and the accused shall be provided with a redacted | ||||||
9 | copy of the investigative report. Death reports where there | ||||||
10 | was no allegation of abuse or neglect shall only be released | ||||||
11 | pursuant to applicable State or federal law or a valid court | ||||||
12 | order. Unredacted investigative reports, as well as raw data, | ||||||
13 | may be shared with a local law enforcement entity, a State's | ||||||
14 | Attorney's office, or a county coroner's office upon written | ||||||
15 | request. | ||||||
16 | (n) Written responses, clarification requests, and | ||||||
17 | reconsideration requests. | ||||||
18 | (1) Written responses. Within 30 calendar days from | ||||||
19 | receipt of a substantiated investigative report or an | ||||||
20 | investigative report which contains recommendations, | ||||||
21 | absent a reconsideration request, the facility or agency | ||||||
22 | shall file a written response that addresses, in a concise | ||||||
23 | and reasoned manner, the actions taken to: (i) protect the | ||||||
24 | individual; (ii) prevent recurrences; and (iii) eliminate | ||||||
25 | the problems identified. The response shall include the | ||||||
26 | implementation and completion dates of such actions. If |
| |||||||
| |||||||
1 | the written response is not filed within the allotted 30 | ||||||
2 | calendar day period, the Secretary shall determine the | ||||||
3 | appropriate corrective action to be taken. | ||||||
4 | (2) Requests for clarification. The facility, agency, | ||||||
5 | victim or guardian, or the subject employee may request | ||||||
6 | that the Office of Inspector General clarify the finding | ||||||
7 | or findings for which clarification is sought. | ||||||
8 | (3) Requests for reconsideration. The facility, | ||||||
9 | agency, victim or guardian, or the subject employee may | ||||||
10 | request that the Office of the Inspector General | ||||||
11 | reconsider the finding or findings or the recommendations. | ||||||
12 | A request for reconsideration shall be subject to a | ||||||
13 | multi-layer review and shall include at least one reviewer | ||||||
14 | who did not participate in the investigation or approval | ||||||
15 | of the original investigative report. After the | ||||||
16 | multi-layer review process has been completed, the | ||||||
17 | Inspector General shall make the final determination on | ||||||
18 | the reconsideration request. The investigation shall be | ||||||
19 | reopened if the reconsideration determination finds that | ||||||
20 | additional information is needed to complete the | ||||||
21 | investigative record. | ||||||
22 | (o) Disclosure of the finding by the Inspector General. | ||||||
23 | The Inspector General shall disclose the finding of an | ||||||
24 | investigation to the following persons: (i) the Governor, (ii) | ||||||
25 | the Secretary, (iii) the director of the facility or agency, | ||||||
26 | (iv) the alleged victims and their guardians, (v) the |
| |||||||
| |||||||
1 | complainant, and (vi) the accused. This information shall | ||||||
2 | include whether the allegations were deemed substantiated, | ||||||
3 | unsubstantiated, or unfounded. | ||||||
4 | (p) Secretary review. Upon review of the Inspector | ||||||
5 | General's investigative report and any agency's or facility's | ||||||
6 | written response, the Secretary shall accept or reject the | ||||||
7 | written response and notify the Inspector General of that | ||||||
8 | determination. The Secretary may further direct that other | ||||||
9 | administrative action be taken, including, but not limited to, | ||||||
10 | any one or more of the following: (i) additional site visits, | ||||||
11 | (ii) training, (iii) provision of technical assistance | ||||||
12 | relative to administrative needs, licensure, or certification, | ||||||
13 | or (iv) the imposition of appropriate sanctions. | ||||||
14 | (q) Action by facility or agency. Within 30 days of the | ||||||
15 | date the Secretary approves the written response or directs | ||||||
16 | that further administrative action be taken, the facility or | ||||||
17 | agency shall provide an implementation report to the Inspector | ||||||
18 | General that provides the status of the action taken. The | ||||||
19 | facility or agency shall be allowed an additional 30 days to | ||||||
20 | send notice of completion of the action or to send an updated | ||||||
21 | implementation report. If the action has not been completed | ||||||
22 | within the additional 30-day period, the facility or agency | ||||||
23 | shall send updated implementation reports every 60 days until | ||||||
24 | completion. The Inspector General shall conduct a review of | ||||||
25 | any implementation plan that takes more than 120 days after | ||||||
26 | approval to complete, and shall monitor compliance through a |
| |||||||
| |||||||
1 | random review of approved written responses, which may | ||||||
2 | include, but are not limited to: (i) site visits, (ii) | ||||||
3 | telephone contact, and (iii) requests for additional | ||||||
4 | documentation evidencing compliance. | ||||||
5 | (r) Sanctions. Sanctions, if imposed by the Secretary | ||||||
6 | under Subdivision (p)(iv) of this Section, shall be designed | ||||||
7 | to prevent further acts of mental abuse, physical abuse, | ||||||
8 | sexual abuse, neglect, egregious neglect, or financial | ||||||
9 | exploitation or some combination of one or more of those acts | ||||||
10 | at a facility or agency, and may include any one or more of the | ||||||
11 | following: | ||||||
12 | (1) Appointment of on-site monitors. | ||||||
13 | (2) Transfer or relocation of an individual or | ||||||
14 | individuals. | ||||||
15 | (3) Closure of units. | ||||||
16 | (4) Termination of any one or more of the following: | ||||||
17 | (i) Department licensing, (ii) funding, or (iii) | ||||||
18 | certification. | ||||||
19 | The Inspector General may seek the assistance of the | ||||||
20 | Illinois Attorney General or the office of any State's | ||||||
21 | Attorney in implementing sanctions. | ||||||
22 | (s) Health Care Worker Registry. | ||||||
23 | (1) Reporting to the Registry. The Inspector General | ||||||
24 | shall report to the Department of Public Health's Health | ||||||
25 | Care Worker Registry, a public registry, the identity and | ||||||
26 | finding of each employee of a facility or agency against |
| |||||||
| |||||||
1 | whom there is a final investigative report containing a | ||||||
2 | substantiated allegation of physical or sexual abuse, | ||||||
3 | financial exploitation, or egregious neglect of an | ||||||
4 | individual. | ||||||
5 | (2) Notice to employee. Prior to reporting the name of | ||||||
6 | an employee, the employee shall be notified of the | ||||||
7 | Department's obligation to report and shall be granted an | ||||||
8 | opportunity to request an administrative hearing, the sole | ||||||
9 | purpose of which is to determine if the substantiated | ||||||
10 | finding warrants reporting to the Registry. Notice to the | ||||||
11 | employee shall contain a clear and concise statement of | ||||||
12 | the grounds on which the report to the Registry is based, | ||||||
13 | offer the employee an opportunity for a hearing, and | ||||||
14 | identify the process for requesting such a hearing. Notice | ||||||
15 | is sufficient if provided by certified mail to the | ||||||
16 | employee's last known address. If the employee fails to | ||||||
17 | request a hearing within 30 days from the date of the | ||||||
18 | notice, the Inspector General shall report the name of the | ||||||
19 | employee to the Registry. Nothing in this subdivision | ||||||
20 | (s)(2) shall diminish or impair the rights of a person who | ||||||
21 | is a member of a collective bargaining unit under the | ||||||
22 | Illinois Public Labor Relations Act or under any other | ||||||
23 | federal labor statute. | ||||||
24 | (3) Registry hearings. If the employee requests an | ||||||
25 | administrative hearing, the employee shall be granted an | ||||||
26 | opportunity to appear before an administrative law judge |
| |||||||
| |||||||
1 | to present reasons why the employee's name should not be | ||||||
2 | reported to the Registry. The Department shall bear the | ||||||
3 | burden of presenting evidence that establishes, by a | ||||||
4 | preponderance of the evidence, that the substantiated | ||||||
5 | finding warrants reporting to the Registry. After | ||||||
6 | considering all the evidence presented, the administrative | ||||||
7 | law judge shall make a recommendation to the Secretary as | ||||||
8 | to whether the substantiated finding warrants reporting | ||||||
9 | the name of the employee to the Registry. The Secretary | ||||||
10 | shall render the final decision. The Department and the | ||||||
11 | employee shall have the right to request that the | ||||||
12 | administrative law judge consider a stipulated disposition | ||||||
13 | of these proceedings. | ||||||
14 | (4) Testimony at Registry hearings. A person who makes | ||||||
15 | a report or who investigates a report under this Act shall | ||||||
16 | testify fully in any judicial proceeding resulting from | ||||||
17 | such a report, as to any evidence of abuse or neglect, or | ||||||
18 | the cause thereof. No evidence shall be excluded by reason | ||||||
19 | of any common law or statutory privilege relating to | ||||||
20 | communications between the alleged perpetrator of abuse or | ||||||
21 | neglect, or the individual alleged as the victim in the | ||||||
22 | report, and the person making or investigating the report. | ||||||
23 | Testimony at hearings is exempt from the confidentiality | ||||||
24 | requirements of subsection (f) of Section 10 of the Mental | ||||||
25 | Health and Developmental Disabilities Confidentiality Act. | ||||||
26 | (5) Employee's rights to collateral action. No |
| |||||||
| |||||||
1 | reporting to the Registry shall occur and no hearing shall | ||||||
2 | be set or proceed if an employee notifies the Inspector | ||||||
3 | General in writing, including any supporting | ||||||
4 | documentation, that he or she is formally contesting an | ||||||
5 | adverse employment action resulting from a substantiated | ||||||
6 | finding by complaint filed with the Illinois Civil Service | ||||||
7 | Commission, or which otherwise seeks to enforce the | ||||||
8 | employee's rights pursuant to any applicable collective | ||||||
9 | bargaining agreement. If an action taken by an employer | ||||||
10 | against an employee as a result of a finding of physical | ||||||
11 | abuse, sexual abuse, or egregious neglect is overturned | ||||||
12 | through an action filed with the Illinois Civil Service | ||||||
13 | Commission or under any applicable collective bargaining | ||||||
14 | agreement and if that employee's name has already been | ||||||
15 | sent to the Registry, the employee's name shall be removed | ||||||
16 | from the Registry. | ||||||
17 | (6) Removal from Registry. At any time after the | ||||||
18 | report to the Registry, but no more than once in any | ||||||
19 | 12-month period, an employee may petition the Department | ||||||
20 | in writing to remove his or her name from the Registry. | ||||||
21 | Upon receiving notice of such request, the Inspector | ||||||
22 | General shall conduct an investigation into the petition. | ||||||
23 | Upon receipt of such request, an administrative hearing | ||||||
24 | will be set by the Department. At the hearing, the | ||||||
25 | employee shall bear the burden of presenting evidence that | ||||||
26 | establishes, by a preponderance of the evidence, that |
| |||||||
| |||||||
1 | removal of the name from the Registry is in the public | ||||||
2 | interest. The parties may jointly request that the | ||||||
3 | administrative law judge consider a stipulated disposition | ||||||
4 | of these proceedings. | ||||||
5 | (t) Review of Administrative Decisions. The Department | ||||||
6 | shall preserve a record of all proceedings at any formal | ||||||
7 | hearing conducted by the Department involving Health Care | ||||||
8 | Worker Registry hearings. Final administrative decisions of | ||||||
9 | the Department are subject to judicial review pursuant to | ||||||
10 | provisions of the Administrative Review Law. | ||||||
11 | (u) Quality Care Board. There is created, within the | ||||||
12 | Office of the Inspector General, a Quality Care Board to be | ||||||
13 | composed of 7 members appointed by the Governor with the | ||||||
14 | advice and consent of the Senate. One of the members shall be | ||||||
15 | designated as chairman by the Governor. Of the initial | ||||||
16 | appointments made by the Governor, 4 Board members shall each | ||||||
17 | be appointed for a term of 4 years and 3 members shall each be | ||||||
18 | appointed for a term of 2 years. Upon the expiration of each | ||||||
19 | member's term, a successor shall be appointed for a term of 4 | ||||||
20 | years. In the case of a vacancy in the office of any member, | ||||||
21 | the Governor shall appoint a successor for the remainder of | ||||||
22 | the unexpired term. | ||||||
23 | Members appointed by the Governor shall be qualified by | ||||||
24 | professional knowledge or experience in the area of law, | ||||||
25 | investigatory techniques, or in the area of care of the | ||||||
26 | mentally ill or care of persons with developmental |
| |||||||
| |||||||
1 | disabilities. Two members appointed by the Governor shall be | ||||||
2 | persons with a disability or parents of persons with a | ||||||
3 | disability. Members shall serve without compensation, but | ||||||
4 | shall be reimbursed for expenses incurred in connection with | ||||||
5 | the performance of their duties as members. | ||||||
6 | The Board shall meet quarterly, and may hold other | ||||||
7 | meetings on the call of the chairman. Four members shall | ||||||
8 | constitute a quorum allowing the Board to conduct its | ||||||
9 | business. The Board may adopt rules and regulations it deems | ||||||
10 | necessary to govern its own procedures. | ||||||
11 | The Board shall monitor and oversee the operations, | ||||||
12 | policies, and procedures of the Inspector General to ensure | ||||||
13 | the prompt and thorough investigation of allegations of | ||||||
14 | neglect and abuse. In fulfilling these responsibilities, the | ||||||
15 | Board may do the following: | ||||||
16 | (1) Provide independent, expert consultation to the | ||||||
17 | Inspector General on policies and protocols for | ||||||
18 | investigations of alleged abuse, neglect, or both abuse | ||||||
19 | and neglect. | ||||||
20 | (2) Review existing regulations relating to the | ||||||
21 | operation of facilities. | ||||||
22 | (3) Advise the Inspector General as to the content of | ||||||
23 | training activities authorized under this Section. | ||||||
24 | (4) Recommend policies concerning methods for | ||||||
25 | improving the intergovernmental relationships between the | ||||||
26 | Office of the Inspector General and other State or federal |
| |||||||
| |||||||
1 | offices. | ||||||
2 | (v) Annual report. The Inspector General shall provide to | ||||||
3 | the General Assembly and the Governor, no later than January 1 | ||||||
4 | of each year, a summary of reports and investigations made | ||||||
5 | under this Act for the prior fiscal year with respect to | ||||||
6 | individuals receiving mental health or developmental | ||||||
7 | disabilities services. The report shall detail the imposition | ||||||
8 | of sanctions, if any, and the final disposition of any | ||||||
9 | corrective or administrative action directed by the Secretary. | ||||||
10 | The summaries shall not contain any confidential or | ||||||
11 | identifying information of any individual, but shall include | ||||||
12 | objective data identifying any trends in the number of | ||||||
13 | reported allegations, the timeliness of the Office of the | ||||||
14 | Inspector General's investigations, and their disposition, for | ||||||
15 | each facility and Department-wide, for the most recent 3-year | ||||||
16 | time period. The report shall also identify, by facility, the | ||||||
17 | staff-to-patient ratios taking account of direct care staff | ||||||
18 | only. The report shall also include detailed recommended | ||||||
19 | administrative actions and matters for consideration by the | ||||||
20 | General Assembly. | ||||||
21 | (w) Program audit. The Auditor General shall conduct a | ||||||
22 | program audit of the Office of the Inspector General on an | ||||||
23 | as-needed basis, as determined by the Auditor General. The | ||||||
24 | audit shall specifically include the Inspector General's | ||||||
25 | compliance with the Act and effectiveness in investigating | ||||||
26 | reports of allegations occurring in any facility or agency. |
| |||||||
| |||||||
1 | The Auditor General shall conduct the program audit according | ||||||
2 | to the provisions of the Illinois State Auditing Act and shall | ||||||
3 | report its findings to the General Assembly no later than | ||||||
4 | January 1 following the audit period.
| ||||||
5 | (x) Nothing in this Section shall be construed to mean | ||||||
6 | that an individual is a victim of abuse or neglect because of | ||||||
7 | health care services appropriately provided or not provided by | ||||||
8 | health care professionals. | ||||||
9 | (y) Nothing in this Section shall require a facility, | ||||||
10 | including its employees, agents, medical staff members, and | ||||||
11 | health care professionals, to provide a service to an | ||||||
12 | individual in contravention of that individual's stated or | ||||||
13 | implied objection to the provision of that service on the | ||||||
14 | ground that that service conflicts with the individual's | ||||||
15 | religious beliefs or practices, nor shall the failure to | ||||||
16 | provide a service to an individual be considered abuse under | ||||||
17 | this Section if the individual has objected to the provision | ||||||
18 | of that service based on his or her religious beliefs or | ||||||
19 | practices.
| ||||||
20 | (Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.)
| ||||||
21 | (20 ILCS 2712/Act rep.) | ||||||
22 | Section 15. The Broadband Access on Passenger Rail Law is | ||||||
23 | repealed.
| ||||||
24 | (20 ILCS 3930/7.6 rep.) |
| |||||||
| |||||||
1 | Section 20. The Illinois Criminal Justice Information Act | ||||||
2 | is amended by repealing Section 7.6.
| ||||||
3 | (20 ILCS 5035/Act rep.) | ||||||
4 | Section 25. The Illinois Human Services Commission Act is | ||||||
5 | repealed.
| ||||||
6 | (30 ILCS 105/5h rep.) | ||||||
7 | Section 30. The State Finance Act is amended by repealing | ||||||
8 | Section 5h.
| ||||||
9 | Section 35. The Illinois Procurement Code is amended by | ||||||
10 | changing Section 25-55 as follows:
| ||||||
11 | (30 ILCS 500/25-55)
| ||||||
12 | Sec. 25-55. Annual reports. Every printed annual report
| ||||||
13 | produced by a State agency
shall bear a statement indicating | ||||||
14 | whether it was printed by the
State of Illinois or by contract
| ||||||
15 | and indicating the printing cost per copy and the number of | ||||||
16 | copies
printed. The Department
of Central Management Services | ||||||
17 | shall prepare and submit to the
General Assembly on the fourth
| ||||||
18 | Wednesday of January in each year a report setting forth with
| ||||||
19 | respect to each State agency for
the calendar year immediately | ||||||
20 | preceding the calendar year in which
the report is filed the | ||||||
21 | total
quantity of annual reports printed, the total cost, and | ||||||
22 | the cost
per copy and the cost per page of the
annual report of |
| |||||||
| |||||||
1 | the State agency printed during the calendar year
covered by | ||||||
2 | the report.
| ||||||
3 | (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| ||||||
4 | (205 ILCS 405/3.2 rep.)
| ||||||
5 | Section 40. The Currency Exchange Act is amended by | ||||||
6 | repealing Section 3.2.
| ||||||
7 | Section 45. The Grain Code is amended by changing Section | ||||||
8 | 30-25 as follows:
| ||||||
9 | (240 ILCS 40/30-25)
| ||||||
10 | Sec. 30-25. Grain Insurance Reserve Fund. Upon payment in | ||||||
11 | full of all
money that has been transferred to the Fund prior | ||||||
12 | to June 30, 2003 from the
General Revenue Fund as provided for | ||||||
13 | under subsection (h) of Section 25-20, the
State of Illinois | ||||||
14 | shall , subject to appropriation, remit $2,000,000 to the | ||||||
15 | Corporation to be held in a
separate and discrete account to be | ||||||
16 | used to the extent the assets in the Fund
are insufficient to | ||||||
17 | satisfy claimants as payment of their claims become due as
set | ||||||
18 | forth in subsection (h) of Section 25-20. The remittance of | ||||||
19 | the $2,000,000
reserve shall be made to the Corporation within | ||||||
20 | 60 days of payment in full of
all money transferred to the Fund | ||||||
21 | as set forth above in this Section
30-25. All income received | ||||||
22 | by the Reserve Fund shall be deposited in the Fund
within 35 | ||||||
23 | days of the end of each calendar quarter.
|
| |||||||
| |||||||
1 | (Source: P.A. 93-225, eff. 7-21-03.)
| ||||||
2 | Section 50. The Community Services Act is amended by | ||||||
3 | changing Section 4 as follows:
| ||||||
4 | (405 ILCS 30/4) (from Ch. 91 1/2, par. 904)
| ||||||
5 | Sec. 4. Financing for community services. | ||||||
6 | (a) The Department of Human Services
is authorized to
| ||||||
7 | provide financial reimbursement to eligible private service | ||||||
8 | providers,
corporations, local government entities or | ||||||
9 | voluntary associations for the
provision of services to | ||||||
10 | persons with mental illness, persons with a
developmental | ||||||
11 | disability, and persons with substance use disorders who are | ||||||
12 | living in the
community for the purpose of achieving the goals | ||||||
13 | of this Act.
| ||||||
14 | The Department shall utilize the following funding | ||||||
15 | mechanisms for community
services:
| ||||||
16 | (1) Purchase of Care Contracts: services purchased on | ||||||
17 | a predetermined fee
per unit of service basis from private | ||||||
18 | providers or governmental entities. Fee
per service rates | ||||||
19 | are set by an established formula which covers some | ||||||
20 | portion
of personnel, supplies, and other allowable costs, | ||||||
21 | and which makes some
allowance for geographic variations | ||||||
22 | in costs as well as for additional program
components.
| ||||||
23 | (2) Grants: sums of money which the Department grants | ||||||
24 | to private providers or
governmental
entities pursuant to |
| |||||||
| |||||||
1 | the grant recipient's agreement to provide certain
| ||||||
2 | services, as defined by departmental grant guidelines, to | ||||||
3 | an
approximate number of service
recipients. Grant levels | ||||||
4 | are set through consideration of personnel, supply and
| ||||||
5 | other allowable costs, as well as other funds available to | ||||||
6 | the program.
| ||||||
7 | (3) Other Funding Arrangements: funding mechanisms may | ||||||
8 | be established
on a pilot basis in order to examine the | ||||||
9 | feasibility of alternative financing
arrangements for the | ||||||
10 | provision of community services.
| ||||||
11 | The Department shall establish and maintain an equitable | ||||||
12 | system of
payment
which allows providers to improve persons | ||||||
13 | with disabilities'
capabilities for
independence and reduces | ||||||
14 | their reliance on State-operated
services. | ||||||
15 | For services classified as entitlement services under | ||||||
16 | federal law or guidelines, caps may not be placed on the total | ||||||
17 | amount of payment a provider may receive in a fiscal year and | ||||||
18 | the Department shall not require that a portion of the | ||||||
19 | payments due be made in a subsequent fiscal year based on a | ||||||
20 | yearly payment cap. | ||||||
21 | (b) (Blank). The Governor shall create a commission by | ||||||
22 | September 1, 2009, or as soon thereafter as possible, to | ||||||
23 | review funding methodologies, identify gaps in funding, | ||||||
24 | identify revenue, and prioritize use of that revenue for | ||||||
25 | community developmental disability services, mental health | ||||||
26 | services, alcohol and substance abuse services, rehabilitation |
| |||||||
| |||||||
1 | services, and early intervention services. The Office of the | ||||||
2 | Governor shall provide staff support for the commission. | ||||||
3 | (c) (Blank). The first meeting of the commission shall be | ||||||
4 | held within the first month after the creation and appointment | ||||||
5 | of the commission, and a final report summarizing the | ||||||
6 | commission's recommendations must be issued within 12 months | ||||||
7 | after the first meeting, and no later than September 1, 2010, | ||||||
8 | to the Governor and the General Assembly. | ||||||
9 | (d) (Blank). The commission shall have the following 13 | ||||||
10 | voting members: | ||||||
11 | (A) one member of the House of Representatives, | ||||||
12 | appointed by the Speaker of the House of Representatives; | ||||||
13 | (B) one member of the House of Representatives, | ||||||
14 | appointed by the House Minority Leader; | ||||||
15 | (C) one member of the Senate, appointed by the | ||||||
16 | President of the Senate; | ||||||
17 | (D) one member of the Senate, appointed by the Senate | ||||||
18 | Minority Leader; | ||||||
19 | (E) one person with a developmental disability, or a | ||||||
20 | family member or guardian of such a person, appointed by | ||||||
21 | the Governor; | ||||||
22 | (F) one person with a mental illness, or a family | ||||||
23 | member or guardian of such a person, appointed by the | ||||||
24 | Governor; | ||||||
25 | (G) two persons from unions that represent employees | ||||||
26 | of community providers that serve people with |
| |||||||
| |||||||
1 | developmental disabilities, mental illness, and alcohol | ||||||
2 | and substance abuse disorders, appointed by the Governor; | ||||||
3 | and | ||||||
4 | (H) five persons from statewide associations that | ||||||
5 | represent community providers that provide residential, | ||||||
6 | day training, and other developmental disability services, | ||||||
7 | mental health services, alcohol and substance abuse | ||||||
8 | services, rehabilitation services, or early intervention | ||||||
9 | services, or any combination of those, appointed by the | ||||||
10 | Governor. | ||||||
11 | The commission shall also have the following ex-officio, | ||||||
12 | nonvoting members: | ||||||
13 | (I) the Director of the Governor's Office of | ||||||
14 | Management and Budget or his or her designee; | ||||||
15 | (J) the Chief Financial Officer of the Department of | ||||||
16 | Human Services or his or her designee; | ||||||
17 | (K) the Administrator of the Department of Healthcare | ||||||
18 | and Family Services Division of Finance or his or her | ||||||
19 | designee; | ||||||
20 | (L) the Director of the Department of Human Services | ||||||
21 | Division of Developmental Disabilities or his or her | ||||||
22 | designee; | ||||||
23 | (M) the Director of the Department of Human Services | ||||||
24 | Division of Mental Health or his or her designee;
and | ||||||
25 | (N) the Director of the Department of Human Services | ||||||
26 | Division of Alcoholism and Substance Abuse or his or her |
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1 | designee. | ||||||
2 | (e) The funding methodologies must reflect economic | ||||||
3 | factors inherent in providing services and supports, recognize | ||||||
4 | individual disability needs, and consider geographic | ||||||
5 | differences, transportation costs, required staffing ratios, | ||||||
6 | and mandates not currently funded.
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7 | (f) In accepting Department funds, providers shall | ||||||
8 | recognize
their responsibility to be
accountable to the | ||||||
9 | Department and the State for the delivery of services
which | ||||||
10 | are consistent
with the philosophies and goals of this Act and | ||||||
11 | the rules and regulations
promulgated under it.
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12 | (Source: P.A. 100-759, eff. 1-1-19 .)
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13 | (730 ILCS 5/3-5-3 rep.)
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14 | (730 ILCS 5/5-8-1.3 rep.)
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15 | Section 55. The Unified Code of Corrections is amended by | ||||||
16 | repealing Sections 3-5-3 and 5-8-1.3.
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17 | Section 60. The Workers' Compensation Act is amended by | ||||||
18 | changing Section 18.1 as follows:
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19 | (820 ILCS 305/18.1) | ||||||
20 | Sec. 18.1. Claims by former and current employees of the | ||||||
21 | Commission. All claims by current and former employees and | ||||||
22 | appointees of the Commission shall be assigned to a certified | ||||||
23 | independent arbitrator not employed by the Commission |
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1 | designated by the Chairman. In preparing the roster of | ||||||
2 | approved certified independent arbitrators, the Chairman shall | ||||||
3 | seek the advice and recommendation of the Commission or the | ||||||
4 | Workers' Compensation Advisory Board at his or her discretion. | ||||||
5 | The Chairman shall designate an arbitrator from a list of | ||||||
6 | approved certified arbitrators provided by the Commission | ||||||
7 | Review Board. If the Chairman is the claimant, then the | ||||||
8 | independent arbitrator from the approved list shall be | ||||||
9 | designated by the longest serving Commissioner. The designated | ||||||
10 | independent arbitrator shall have the authority of arbitrators | ||||||
11 | of the Commission regarding settlement and adjudication of the | ||||||
12 | claim of the current and former employees and appointees of | ||||||
13 | the Commission. The decision of the independent arbitrator | ||||||
14 | shall become the decision of the Commission. An appeal of the | ||||||
15 | independent arbitrator's decision shall be subject to judicial | ||||||
16 | review in accordance with subsection (f) of Section 19.
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17 | (Source: P.A. 97-18, eff. 6-28-11.)
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18 | (820 ILCS 305/14.1 rep.)
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19 | Section 65. The Workers' Compensation Act is amended by | ||||||
20 | repealing Section 14.1.
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21 | Section 99. Effective date. This Act takes effect upon | ||||||
22 | becoming law.
|