Bill Text: IL SB1620 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Adult Protective Services Act. Excludes from the definition of "mandated reporter" the State Long-Term Care Ombudsman and the Ombudsman's representatives or volunteers when such persons are prohibited from making a report under federal regulations.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2023-02-08 - Referred to Assignments [SB1620 Detail]
Download: Illinois-2023-SB1620-Introduced.html
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1 | AN ACT concerning aging.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Adult Protective Services Act is amended by | |||||||||||||||||||
5 | changing Section 2 as follows:
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6 | (320 ILCS 20/2) (from Ch. 23, par. 6602)
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7 | Sec. 2. Definitions. As used in this Act, unless the | |||||||||||||||||||
8 | context
requires otherwise:
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9 | (a) "Abandonment" means the desertion or willful forsaking | |||||||||||||||||||
10 | of an eligible adult by an individual responsible for the care | |||||||||||||||||||
11 | and custody of that eligible adult under circumstances in | |||||||||||||||||||
12 | which a reasonable person would continue to provide care and | |||||||||||||||||||
13 | custody. Nothing in this Act shall be construed to mean that an | |||||||||||||||||||
14 | eligible adult is a victim of abandonment because of health | |||||||||||||||||||
15 | care services provided or not provided by licensed health care | |||||||||||||||||||
16 | professionals. | |||||||||||||||||||
17 | (a-1) "Abuse" means causing any physical, mental or sexual | |||||||||||||||||||
18 | injury to an
eligible adult, including exploitation of such | |||||||||||||||||||
19 | adult's financial resources, and abandonment.
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20 | Nothing in this Act shall be construed to mean that an | |||||||||||||||||||
21 | eligible adult is a
victim of abuse, abandonment, neglect, or | |||||||||||||||||||
22 | self-neglect for the sole reason that he or she is being
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23 | furnished with or relies upon treatment by spiritual means |
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1 | through prayer
alone, in accordance with the tenets and | ||||||
2 | practices of a recognized church
or religious denomination.
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3 | Nothing in this Act shall be construed to mean that an | ||||||
4 | eligible adult is a
victim of abuse because of health care | ||||||
5 | services provided or not provided by
licensed health care | ||||||
6 | professionals.
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7 | (a-5) "Abuser" means a person who abuses, abandons, | ||||||
8 | neglects, or financially
exploits an eligible adult.
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9 | (a-6) "Adult with disabilities" means a person aged 18 | ||||||
10 | through 59 who resides in a domestic living situation and | ||||||
11 | whose disability as defined in subsection (c-5) impairs his or | ||||||
12 | her ability to seek or obtain protection from abuse, | ||||||
13 | abandonment, neglect, or exploitation. | ||||||
14 | (a-7) "Caregiver" means a person who either as a result of | ||||||
15 | a family
relationship, voluntarily, or in exchange for | ||||||
16 | compensation has assumed
responsibility for all or a portion | ||||||
17 | of the care of an eligible adult who needs
assistance with | ||||||
18 | activities of daily
living or instrumental activities of daily | ||||||
19 | living.
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20 | (b) "Department" means the Department on Aging of the | ||||||
21 | State of Illinois.
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22 | (c) "Director" means the Director of the Department.
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23 | (c-5) "Disability" means a physical or mental disability, | ||||||
24 | including, but not limited to, a developmental disability, an | ||||||
25 | intellectual disability, a mental illness as defined under the | ||||||
26 | Mental Health and Developmental Disabilities Code, or dementia |
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1 | as defined under the Alzheimer's Disease Assistance Act. | ||||||
2 | (d) "Domestic living situation" means a residence where | ||||||
3 | the eligible
adult at the time of the report lives alone or | ||||||
4 | with his or her family or a caregiver, or others,
or other | ||||||
5 | community-based unlicensed facility, but
is not:
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6 | (1) A licensed facility as defined in Section 1-113 of | ||||||
7 | the Nursing Home
Care Act;
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8 | (1.5) A facility licensed under the ID/DD Community | ||||||
9 | Care Act; | ||||||
10 | (1.6) A facility licensed under the MC/DD Act; | ||||||
11 | (1.7) A facility licensed under the Specialized Mental | ||||||
12 | Health Rehabilitation Act of 2013; | ||||||
13 | (2) A "life care facility" as defined in the Life Care | ||||||
14 | Facilities Act;
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15 | (3) A home, institution, or other place operated by | ||||||
16 | the federal
government or agency thereof or by the State | ||||||
17 | of Illinois;
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18 | (4) A hospital, sanitarium, or other institution, the | ||||||
19 | principal activity
or business of which is the diagnosis, | ||||||
20 | care, and treatment of human illness
through the | ||||||
21 | maintenance and operation of organized facilities | ||||||
22 | therefor,
which is required to be licensed under the | ||||||
23 | Hospital Licensing Act;
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24 | (5) A "community living facility" as defined in the | ||||||
25 | Community Living
Facilities Licensing Act;
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26 | (6) (Blank);
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1 | (7) A "community-integrated living arrangement" as | ||||||
2 | defined in
the Community-Integrated Living Arrangements | ||||||
3 | Licensure and Certification Act or a "community | ||||||
4 | residential alternative" as licensed under that Act;
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5 | (8) An assisted living or shared housing establishment | ||||||
6 | as defined in the Assisted Living and Shared Housing Act; | ||||||
7 | or
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8 | (9) A supportive living facility as described in | ||||||
9 | Section 5-5.01a of the Illinois Public Aid Code.
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10 | (e) "Eligible adult" means either an adult with | ||||||
11 | disabilities aged 18 through 59 or a person aged 60 or older | ||||||
12 | who
resides in a domestic living situation and is, or is | ||||||
13 | alleged
to be, abused, abandoned, neglected, or financially | ||||||
14 | exploited by another individual or who neglects himself or | ||||||
15 | herself. "Eligible adult" also includes an adult who resides | ||||||
16 | in any of the facilities that are excluded from the definition | ||||||
17 | of "domestic living situation" under paragraphs (1) through | ||||||
18 | (9) of subsection (d), if either: (i) the alleged abuse, | ||||||
19 | abandonment, or neglect occurs outside of the facility and not | ||||||
20 | under facility supervision and the alleged abuser is a family | ||||||
21 | member, caregiver, or another person who has a continuing | ||||||
22 | relationship with the adult; or (ii) the alleged financial | ||||||
23 | exploitation is perpetrated by a family member, caregiver, or | ||||||
24 | another person who has a continuing relationship with the | ||||||
25 | adult, but who is not an employee of the facility where the | ||||||
26 | adult resides.
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1 | (f) "Emergency" means a situation in which an eligible | ||||||
2 | adult is living
in conditions presenting a risk of death or | ||||||
3 | physical, mental or sexual
injury and the provider agency has | ||||||
4 | reason to believe the eligible adult is
unable to
consent to | ||||||
5 | services which would alleviate that risk.
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6 | (f-1) "Financial exploitation" means the use of an | ||||||
7 | eligible adult's resources by another to the disadvantage of | ||||||
8 | that adult or the profit or advantage of a person other than | ||||||
9 | that adult. | ||||||
10 | (f-5) "Mandated reporter" means any of the following | ||||||
11 | persons
while engaged in carrying out their professional | ||||||
12 | duties:
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13 | (1) a professional or professional's delegate while | ||||||
14 | engaged in: (i) social
services, (ii) law enforcement, | ||||||
15 | (iii) education, (iv) the care of an eligible
adult or | ||||||
16 | eligible adults, or (v) any of the occupations required to | ||||||
17 | be licensed
under the Behavior Analyst Licensing Act,
the | ||||||
18 | Clinical Psychologist Licensing Act, the Clinical Social | ||||||
19 | Work and Social
Work Practice Act, the Illinois Dental | ||||||
20 | Practice Act, the Dietitian Nutritionist Practice Act, the | ||||||
21 | Marriage and Family Therapy Licensing Act, the
Medical | ||||||
22 | Practice Act of 1987, the Naprapathic Practice Act, the
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23 | Nurse Practice Act, the Nursing Home
Administrators | ||||||
24 | Licensing and
Disciplinary Act, the Illinois Occupational | ||||||
25 | Therapy Practice Act, the Illinois
Optometric Practice Act | ||||||
26 | of 1987, the Pharmacy Practice Act, the
Illinois Physical |
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1 | Therapy Act, the Physician Assistant Practice Act of 1987,
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2 | the Podiatric Medical Practice Act of 1987, the | ||||||
3 | Respiratory Care Practice
Act,
the Professional Counselor | ||||||
4 | and
Clinical Professional Counselor Licensing and Practice | ||||||
5 | Act, the Illinois Speech-Language
Pathology and Audiology | ||||||
6 | Practice Act, the Veterinary Medicine and Surgery
Practice | ||||||
7 | Act of 2004, and the Illinois Public Accounting Act;
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8 | (1.5) an employee of an entity providing developmental | ||||||
9 | disabilities services or service coordination funded by | ||||||
10 | the Department of Human Services; | ||||||
11 | (2) an employee of a vocational rehabilitation | ||||||
12 | facility prescribed or
supervised by the Department of | ||||||
13 | Human Services;
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14 | (3) an administrator, employee, or person providing | ||||||
15 | services in or through
an unlicensed community based | ||||||
16 | facility;
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17 | (4) any religious practitioner who provides treatment | ||||||
18 | by prayer or spiritual means alone in accordance with the | ||||||
19 | tenets and practices of a recognized church or religious | ||||||
20 | denomination, except as to information received in any | ||||||
21 | confession or sacred communication enjoined by the | ||||||
22 | discipline of the religious denomination to be held | ||||||
23 | confidential;
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24 | (5) field personnel of the Department of Healthcare | ||||||
25 | and Family Services, Department of Public
Health, and | ||||||
26 | Department of Human Services, and any county or
municipal |
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1 | health department;
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2 | (6) personnel of the Department of Human Services, the | ||||||
3 | Guardianship and
Advocacy Commission, the State Fire | ||||||
4 | Marshal, local fire departments, and the
Department on | ||||||
5 | Aging and its subsidiary Area Agencies on Aging and | ||||||
6 | provider
agencies , but not including the State Long-Term | ||||||
7 | Care Ombudsman or any of the Ombudsman's representatives | ||||||
8 | or volunteers when such persons are prohibited from making | ||||||
9 | a report as provided under 45 CFR 1324.11(e)(3)(iv) , and | ||||||
10 | the Office of State Long Term Care Ombudsman ;
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11 | (7) any employee of the State of Illinois not | ||||||
12 | otherwise specified herein
who is involved in providing | ||||||
13 | services to eligible adults, including
professionals | ||||||
14 | providing medical or rehabilitation services and all
other | ||||||
15 | persons having direct contact with eligible adults;
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16 | (8) a person who performs the duties of a coroner
or | ||||||
17 | medical examiner; or
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18 | (9) a person who performs the duties of a paramedic or | ||||||
19 | an emergency
medical
technician.
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20 | (g) "Neglect" means
another individual's failure to | ||||||
21 | provide an eligible
adult with or willful withholding from an | ||||||
22 | eligible adult the necessities of
life including, but not | ||||||
23 | limited to, food, clothing, shelter or health care.
This | ||||||
24 | subsection does not create any new affirmative duty to provide | ||||||
25 | support to
eligible adults. Nothing in this Act shall be | ||||||
26 | construed to mean that an
eligible adult is a victim of neglect |
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1 | because of health care services provided
or not provided by | ||||||
2 | licensed health care professionals.
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3 | (h) "Provider agency" means any public or nonprofit agency | ||||||
4 | in a planning
and service area that is selected by the | ||||||
5 | Department or appointed by the regional administrative agency | ||||||
6 | with prior
approval by the Department on Aging to receive and | ||||||
7 | assess reports of
alleged or suspected abuse, abandonment, | ||||||
8 | neglect, or financial exploitation. A provider agency is also | ||||||
9 | referenced as a "designated agency" in this Act.
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10 | (i) "Regional administrative agency" means any public or | ||||||
11 | nonprofit
agency in a planning and service area that provides | ||||||
12 | regional oversight and performs functions as set forth in | ||||||
13 | subsection (b) of Section 3 of this Act. The Department shall | ||||||
14 | designate an Area Agency on Aging as the regional | ||||||
15 | administrative agency or, in the event the Area Agency on | ||||||
16 | Aging in that planning and service area is deemed by the | ||||||
17 | Department to be unwilling or unable to provide those | ||||||
18 | functions, the Department may serve as the regional | ||||||
19 | administrative agency or designate another qualified entity to | ||||||
20 | serve as the regional administrative agency; any such | ||||||
21 | designation shall be subject to terms set forth by the | ||||||
22 | Department.
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23 | (i-5) "Self-neglect" means a condition that is the result | ||||||
24 | of an eligible adult's inability, due to physical or mental | ||||||
25 | impairments, or both, or a diminished capacity, to perform | ||||||
26 | essential self-care tasks that substantially threaten his or |
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1 | her own health, including: providing essential food, clothing, | ||||||
2 | shelter, and health care; and obtaining goods and services | ||||||
3 | necessary to maintain physical health, mental health, | ||||||
4 | emotional well-being, and general safety. The term includes | ||||||
5 | compulsive hoarding, which is characterized by the acquisition | ||||||
6 | and retention of large quantities of items and materials that | ||||||
7 | produce an extensively cluttered living space, which | ||||||
8 | significantly impairs the performance of essential self-care | ||||||
9 | tasks or otherwise substantially threatens life or safety.
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10 | (j) "Substantiated case" means a reported case of alleged | ||||||
11 | or suspected
abuse, abandonment, neglect, financial | ||||||
12 | exploitation, or self-neglect in which a provider agency,
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13 | after assessment, determines that there is reason to believe | ||||||
14 | abuse,
abandonment, neglect, or financial exploitation has | ||||||
15 | occurred.
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16 | (k) "Verified" means a determination that there is "clear | ||||||
17 | and convincing evidence" that the specific injury or harm | ||||||
18 | alleged was the result of abuse, abandonment, neglect, or | ||||||
19 | financial exploitation. | ||||||
20 | (Source: P.A. 102-244, eff. 1-1-22; 102-953, eff. 5-27-22.)
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