Bill Text: IL SB1748 | 2017-2018 | 100th General Assembly | Enrolled

Bill Title: Amends the Community-Integrated Living Arrangements Licensure and Certification Act. Provides that a community mental health or developmental services agency shall collect and securely store identifying and contact information for each individual resident. Provides that this information may include, but not be limited to, a current photograph, personal contact information, guardian or emergency contact information, and a log of all off-site overnight visits. Provides that this information shall be updated periodically.

Spectrum: Bipartisan Bill

Status: (Enrolled) 2017-06-29 - Sent to the Governor [SB1748 Detail]

Download: Illinois-2017-SB1748-Enrolled.html

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1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Department of Human Services Act is amended
5by changing Section 1-17 as follows:
6 (20 ILCS 1305/1-17)
7 Sec. 1-17. Inspector General.
8 (a) Nature and purpose. It is the express intent of the
9General Assembly to ensure the health, safety, and financial
10condition of individuals receiving services in this State due
11to mental illness, developmental disability, or both by
12protecting those persons from acts of abuse, neglect, or both
13by service providers. To that end, the Office of the Inspector
14General for the Department of Human Services is created to
15investigate and report upon allegations of the abuse, neglect,
16or financial exploitation of individuals receiving services
17within mental health facilities, developmental disabilities
18facilities, and community agencies operated, licensed, funded
19or certified by the Department of Human Services, but not
20licensed or certified by any other State agency.
21 (b) Definitions. The following definitions apply to this
23 "Adult student with a disability" means an adult student,

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1age 18 through 21, inclusive, with an Individual Education
2Program, other than a resident of a facility licensed by the
3Department of Children and Family Services in accordance with
4the Child Care Act of 1969. For purposes of this definition,
5"through age 21, inclusive", means through the day before the
6student's 22nd birthday.
7 "Agency" or "community agency" means (i) a community agency
8licensed, funded, or certified by the Department, but not
9licensed or certified by any other human services agency of the
10State, to provide mental health service or developmental
11disabilities service, or (ii) a program licensed, funded, or
12certified by the Department, but not licensed or certified by
13any other human services agency of the State, to provide mental
14health service or developmental disabilities service.
15 "Aggravating circumstance" means a factor that is
16attendant to a finding and that tends to compound or increase
17the culpability of the accused.
18 "Allegation" means an assertion, complaint, suspicion, or
19incident involving any of the following conduct by an employee,
20facility, or agency against an individual or individuals:
21mental abuse, physical abuse, sexual abuse, neglect, or
22financial exploitation.
23 "Day" means working day, unless otherwise specified.
24 "Deflection" means a situation in which an individual is
25presented for admission to a facility or agency, and the
26facility staff or agency staff do not admit the individual.

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1"Deflection" includes triage, redirection, and denial of
3 "Department" means the Department of Human Services.
4 "Developmental disability" means "developmental
5disability" as defined in the Mental Health and Developmental
6Disabilities Code.
7 "Egregious neglect" means a finding of neglect as
8determined by the Inspector General that (i) represents a gross
9failure to adequately provide for, or a callused indifference
10to, the health, safety, or medical needs of an individual and
11(ii) results in an individual's death or other serious
12deterioration of an individual's physical condition or mental
14 "Employee" means any person who provides services at the
15facility or agency on-site or off-site. The service
16relationship can be with the individual or with the facility or
17agency. Also, "employee" includes any employee or contractual
18agent of the Department of Human Services or the community
19agency involved in providing or monitoring or administering
20mental health or developmental disability services. This
21includes but is not limited to: owners, operators, payroll
22personnel, contractors, subcontractors, and volunteers.
23 "Facility" or "State-operated facility" means a mental
24health facility or developmental disabilities facility
25operated by the Department.
26 "Financial exploitation" means taking unjust advantage of

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1an individual's assets, property, or financial resources
2through deception, intimidation, or conversion for the
3employee's, facility's, or agency's own advantage or benefit.
4 "Finding" means the Office of Inspector General's
5determination regarding whether an allegation is
6substantiated, unsubstantiated, or unfounded.
7 "Health care worker registry" or "registry" means the
8health care worker registry created by the Nursing Home Care
10 "Individual" means any person receiving mental health
11service, developmental disabilities service, or both from a
12facility or agency, while either on-site or off-site.
13 "Mental abuse" means the use of demeaning, intimidating, or
14threatening words, signs, gestures, or other actions by an
15employee about an individual and in the presence of an
16individual or individuals that results in emotional distress or
17maladaptive behavior, or could have resulted in emotional
18distress or maladaptive behavior, for any individual present.
19 "Mental illness" means "mental illness" as defined in the
20Mental Health and Developmental Disabilities Code.
21 "Mentally ill" means having a mental illness.
22 "Mitigating circumstance" means a condition that (i) is
23attendant to a finding, (ii) does not excuse or justify the
24conduct in question, but (iii) may be considered in evaluating
25the severity of the conduct, the culpability of the accused, or
26both the severity of the conduct and the culpability of the

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2 "Neglect" means an employee's, agency's, or facility's
3failure to provide adequate medical care, personal care, or
4maintenance and that, as a consequence, (i) causes an
5individual pain, injury, or emotional distress, (ii) results in
6either an individual's maladaptive behavior or the
7deterioration of an individual's physical condition or mental
8condition, or (iii) places the individual's health or safety at
9substantial risk.
10 "Person with a developmental disability" means a person
11having a developmental disability.
12 "Physical abuse" means an employee's non-accidental and
13inappropriate contact with an individual that causes bodily
14harm. "Physical abuse" includes actions that cause bodily harm
15as a result of an employee directing an individual or person to
16physically abuse another individual.
17 "Recommendation" means an admonition, separate from a
18finding, that requires action by the facility, agency, or
19Department to correct a systemic issue, problem, or deficiency
20identified during an investigation.
21 "Required reporter" means any employee who suspects,
22witnesses, or is informed of an allegation of any one or more
23of the following: mental abuse, physical abuse, sexual abuse,
24neglect, or financial exploitation.
25 "Secretary" means the Chief Administrative Officer of the

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1 "Sexual abuse" means any sexual contact or intimate
2physical contact between an employee and an individual,
3including an employee's coercion or encouragement of an
4individual to engage in sexual behavior that results in sexual
5contact, intimate physical contact, sexual behavior, or
6intimate physical behavior. Sexual abuse also includes (i) an
7employee's actions that result in the sending or showing of
8sexually explicit images to an individual via computer,
9cellular phone, electronic mail, portable electronic device,
10or other media with or without contact with the individual or
11(ii) an employee's posting of sexually explicit images of an
12individual online or elsewhere whether or not there is contact
13with the individual.
14 "Sexually explicit images" includes, but is not limited to,
15any material which depicts nudity, sexual conduct, or
16sado-masochistic abuse, or which contains explicit and
17detailed verbal descriptions or narrative accounts of sexual
18excitement, sexual conduct, or sado-masochistic abuse.
19 "Substantiated" means there is a preponderance of the
20evidence to support the allegation.
21 "Unfounded" means there is no credible evidence to support
22the allegation.
23 "Unsubstantiated" means there is credible evidence, but
24less than a preponderance of evidence to support the
26 (c) Appointment. The Governor shall appoint, and the Senate

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1shall confirm, an Inspector General. The Inspector General
2shall be appointed for a term of 4 years and shall function
3within the Department of Human Services and report to the
4Secretary and the Governor.
5 (d) Operation and appropriation. The Inspector General
6shall function independently within the Department with
7respect to the operations of the Office, including the
8performance of investigations and issuance of findings and
9recommendations. The appropriation for the Office of Inspector
10General shall be separate from the overall appropriation for
11the Department.
12 (e) Powers and duties. The Inspector General shall
13investigate reports of suspected mental abuse, physical abuse,
14sexual abuse, neglect, or financial exploitation of
15individuals in any mental health or developmental disabilities
16facility or agency and shall have authority to take immediate
17action to prevent any one or more of the following from
18happening to individuals under its jurisdiction: mental abuse,
19physical abuse, sexual abuse, neglect, or financial
20exploitation. Upon written request of an agency of this State,
21the Inspector General may assist another agency of the State in
22investigating reports of the abuse, neglect, or abuse and
23neglect of persons with mental illness, persons with
24developmental disabilities, or persons with both. To comply
25with the requirements of subsection (k) of this Section, the
26Inspector General shall also review all reportable deaths for

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1which there is no allegation of abuse or neglect. Nothing in
2this Section shall preempt any duties of the Medical Review
3Board set forth in the Mental Health and Developmental
4Disabilities Code. The Inspector General shall have no
5authority to investigate alleged violations of the State
6Officials and Employees Ethics Act. Allegations of misconduct
7under the State Officials and Employees Ethics Act shall be
8referred to the Office of the Governor's Executive Inspector
9General for investigation.
10 (f) Limitations. The Inspector General shall not conduct an
11investigation within an agency or facility if that
12investigation would be redundant to or interfere with an
13investigation conducted by another State agency. The Inspector
14General shall have no supervision over, or involvement in, the
15routine programmatic, licensing, funding, or certification
16operations of the Department. Nothing in this subsection limits
17investigations by the Department that may otherwise be required
18by law or that may be necessary in the Department's capacity as
19central administrative authority responsible for the operation
20of the State's mental health and developmental disabilities
22 (g) Rulemaking authority. The Inspector General shall
23promulgate rules establishing minimum requirements for
24reporting allegations as well as for initiating, conducting,
25and completing investigations based upon the nature of the
26allegation or allegations. The rules shall clearly establish

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1that if 2 or more State agencies could investigate an
2allegation, the Inspector General shall not conduct an
3investigation that would be redundant to, or interfere with, an
4investigation conducted by another State agency. The rules
5shall further clarify the method and circumstances under which
6the Office of Inspector General may interact with the
7licensing, funding, or certification units of the Department in
8preventing further occurrences of mental abuse, physical
9abuse, sexual abuse, neglect, egregious neglect, and financial
11 (h) Training programs. The Inspector General shall (i)
12establish a comprehensive program to ensure that every person
13authorized to conduct investigations receives ongoing training
14relative to investigation techniques, communication skills,
15and the appropriate means of interacting with persons receiving
16treatment for mental illness, developmental disability, or
17both mental illness and developmental disability, and (ii)
18establish and conduct periodic training programs for facility
19and agency employees concerning the prevention and reporting of
20any one or more of the following: mental abuse, physical abuse,
21sexual abuse, neglect, egregious neglect, or financial
22exploitation. Nothing in this Section shall be deemed to
23prevent the Office of Inspector General from conducting any
24other training as determined by the Inspector General to be
25necessary or helpful.
26 (i) Duty to cooperate.

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1 (1) The Inspector General shall at all times be granted
2 access to any facility or agency for the purpose of
3 investigating any allegation, conducting unannounced site
4 visits, monitoring compliance with a written response, or
5 completing any other statutorily assigned duty. The
6 Inspector General shall conduct unannounced site visits to
7 each facility at least annually for the purpose of
8 reviewing and making recommendations on systemic issues
9 relative to preventing, reporting, investigating, and
10 responding to all of the following: mental abuse, physical
11 abuse, sexual abuse, neglect, egregious neglect, or
12 financial exploitation.
13 (2) Any employee who fails to cooperate with an Office
14 of the Inspector General investigation is in violation of
15 this Act. Failure to cooperate with an investigation
16 includes, but is not limited to, any one or more of the
17 following: (i) creating and transmitting a false report to
18 the Office of the Inspector General hotline, (ii) providing
19 false information to an Office of the Inspector General
20 Investigator during an investigation, (iii) colluding with
21 other employees to cover up evidence, (iv) colluding with
22 other employees to provide false information to an Office
23 of the Inspector General investigator, (v) destroying
24 evidence, (vi) withholding evidence, or (vii) otherwise
25 obstructing an Office of the Inspector General
26 investigation. Additionally, any employee who, during an

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1 unannounced site visit or written response compliance
2 check, fails to cooperate with requests from the Office of
3 the Inspector General is in violation of this Act.
4 (j) Subpoena powers. The Inspector General shall have the
5power to subpoena witnesses and compel the production of all
6documents and physical evidence relating to his or her
7investigations and any hearings authorized by this Act. This
8subpoena power shall not extend to persons or documents of a
9labor organization or its representatives insofar as the
10persons are acting in a representative capacity to an employee
11whose conduct is the subject of an investigation or the
12documents relate to that representation. Any person who
13otherwise fails to respond to a subpoena or who knowingly
14provides false information to the Office of the Inspector
15General by subpoena during an investigation is guilty of a
16Class A misdemeanor.
17 (k) Reporting allegations and deaths.
18 (1) Allegations. If an employee witnesses, is told of,
19 or has reason to believe an incident of mental abuse,
20 physical abuse, sexual abuse, neglect, or financial
21 exploitation has occurred, the employee, agency, or
22 facility shall report the allegation by phone to the Office
23 of the Inspector General hotline according to the agency's
24 or facility's procedures, but in no event later than 4
25 hours after the initial discovery of the incident,
26 allegation, or suspicion of any one or more of the

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1 following: mental abuse, physical abuse, sexual abuse,
2 neglect, or financial exploitation. A required reporter as
3 defined in subsection (b) of this Section who knowingly or
4 intentionally fails to comply with these reporting
5 requirements is guilty of a Class A misdemeanor.
6 (2) Deaths. Absent an allegation, a required reporter
7 shall, within 24 hours after initial discovery, report by
8 phone to the Office of the Inspector General hotline each
9 of the following:
10 (i) Any death of an individual occurring within 14
11 calendar days after discharge or transfer of the
12 individual from a residential program or facility.
13 (ii) Any death of an individual occurring within 24
14 hours after deflection from a residential program or
15 facility.
16 (iii) Any other death of an individual occurring at
17 an agency or facility or at any Department-funded site.
18 (3) Retaliation. It is a violation of this Act for any
19 employee or administrator of an agency or facility to take
20 retaliatory action against an employee who acts in good
21 faith in conformance with his or her duties as a required
22 reporter.
23 (l) Reporting to law enforcement.
24 (1) Reporting criminal acts. Within 24 hours after
25 determining that there is credible evidence indicating
26 that a criminal act may have been committed or that special

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1 expertise may be required in an investigation, the
2 Inspector General shall notify the Department of State
3 Police or other appropriate law enforcement authority, or
4 ensure that such notification is made. The Department of
5 State Police shall investigate any report from a
6 State-operated facility indicating a possible murder,
7 sexual assault, or other felony by an employee. All
8 investigations conducted by the Inspector General shall be
9 conducted in a manner designed to ensure the preservation
10 of evidence for possible use in a criminal prosecution.
11 (2) Reporting allegations of adult students with
12 disabilities. Upon receipt of a reportable allegation
13 regarding an adult student with a disability, the
14 Department's Office of the Inspector General shall
15 determine whether the allegation meets the criteria for the
16 Domestic Abuse Program under the Abuse of Adults with
17 Disabilities Intervention Act. If the allegation is
18 reportable to that program, the Office of the Inspector
19 General shall initiate an investigation. If the allegation
20 is not reportable to the Domestic Abuse Program, the Office
21 of the Inspector General shall make an expeditious referral
22 to the respective law enforcement entity. If the alleged
23 victim is already receiving services from the Department,
24 the Office of the Inspector General shall also make a
25 referral to the respective Department of Human Services'
26 Division or Bureau.

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1 (m) Investigative reports. Upon completion of an
2investigation, the Office of Inspector General shall issue an
3investigative report identifying whether the allegations are
4substantiated, unsubstantiated, or unfounded. Within 10
5business days after the transmittal of a completed
6investigative report substantiating an allegation, finding an
7allegation is unsubstantiated, or if a recommendation is made,
8the Inspector General shall provide the investigative report on
9the case to the Secretary and to the director of the facility
10or agency where any one or more of the following occurred:
11mental abuse, physical abuse, sexual abuse, neglect, egregious
12neglect, or financial exploitation. The director of the
13facility or agency shall be responsible for maintaining the
14confidentiality of the investigative report consistent with
15State and federal law. In a substantiated case, the
16investigative report shall include any mitigating or
17aggravating circumstances that were identified during the
18investigation. If the case involves substantiated neglect, the
19investigative report shall also state whether egregious
20neglect was found. An investigative report may also set forth
21recommendations. All investigative reports prepared by the
22Office of the Inspector General shall be considered
23confidential and shall not be released except as provided by
24the law of this State or as required under applicable federal
25law. Unsubstantiated and unfounded reports shall not be
26disclosed except as allowed under Section 6 of the Abused and

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1Neglected Long Term Care Facility Residents Reporting Act. Raw
2data used to compile the investigative report shall not be
3subject to release unless required by law or a court order.
4"Raw data used to compile the investigative report" includes,
5but is not limited to, any one or more of the following: the
6initial complaint, witness statements, photographs,
7investigator's notes, police reports, or incident reports. If
8the allegations are substantiated, the accused shall be
9provided with a redacted copy of the investigative report.
10Death reports where there was no allegation of abuse or neglect
11shall only be released pursuant to applicable State or federal
12law or a valid court order.
13 (n) Written responses and reconsideration requests.
14 (1) Written responses. Within 30 calendar days from
15 receipt of a substantiated investigative report or an
16 investigative report which contains recommendations,
17 absent a reconsideration request, the facility or agency
18 shall file a written response that addresses, in a concise
19 and reasoned manner, the actions taken to: (i) protect the
20 individual; (ii) prevent recurrences; and (iii) eliminate
21 the problems identified. The response shall include the
22 implementation and completion dates of such actions. If the
23 written response is not filed within the allotted 30
24 calendar day period, the Secretary shall determine the
25 appropriate corrective action to be taken.
26 (2) Reconsideration requests. The facility, agency,

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1 victim or guardian, or the subject employee may request
2 that the Office of Inspector General reconsider or clarify
3 its finding based upon additional information.
4 (o) Disclosure of the finding by the Inspector General. The
5Inspector General shall disclose the finding of an
6investigation to the following persons: (i) the Governor, (ii)
7the Secretary, (iii) the director of the facility or agency,
8(iv) the alleged victims and their guardians, (v) the
9complainant, and (vi) the accused. This information shall
10include whether the allegations were deemed substantiated,
11unsubstantiated, or unfounded.
12 (p) Secretary review. Upon review of the Inspector
13General's investigative report and any agency's or facility's
14written response, the Secretary shall accept or reject the
15written response and notify the Inspector General of that
16determination. The Secretary may further direct that other
17administrative action be taken, including, but not limited to,
18any one or more of the following: (i) additional site visits,
19(ii) training, (iii) provision of technical assistance
20relative to administrative needs, licensure or certification,
21or (iv) the imposition of appropriate sanctions.
22 (q) Action by facility or agency. Within 30 days of the
23date the Secretary approves the written response or directs
24that further administrative action be taken, the facility or
25agency shall provide an implementation report to the Inspector
26General that provides the status of the action taken. The

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1facility or agency shall be allowed an additional 30 days to
2send notice of completion of the action or to send an updated
3implementation report. If the action has not been completed
4within the additional 30 day period, the facility or agency
5shall send updated implementation reports every 60 days until
6completion. The Inspector General shall conduct a review of any
7implementation plan that takes more than 120 days after
8approval to complete, and shall monitor compliance through a
9random review of approved written responses, which may include,
10but are not limited to: (i) site visits, (ii) telephone
11contact, and (iii) requests for additional documentation
12evidencing compliance.
13 (r) Sanctions. Sanctions, if imposed by the Secretary under
14Subdivision (p)(iv) of this Section, shall be designed to
15prevent further acts of mental abuse, physical abuse, sexual
16abuse, neglect, egregious neglect, or financial exploitation
17or some combination of one or more of those acts at a facility
18or agency, and may include any one or more of the following:
19 (1) Appointment of on-site monitors.
20 (2) Transfer or relocation of an individual or
21 individuals.
22 (3) Closure of units.
23 (4) Termination of any one or more of the following:
24 (i) Department licensing, (ii) funding, or (iii)
25 certification.
26 The Inspector General may seek the assistance of the

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1Illinois Attorney General or the office of any State's Attorney
2in implementing sanctions.
3 (s) Health care worker registry.
4 (1) Reporting to the registry. The Inspector General
5 shall report to the Department of Public Health's health
6 care worker registry, a public registry, the identity and
7 finding of each employee of a facility or agency against
8 whom there is a final investigative report containing a
9 substantiated allegation of physical or sexual abuse,
10 financial exploitation, or egregious neglect of an
11 individual.
12 (2) Notice to employee. Prior to reporting the name of
13 an employee, the employee shall be notified of the
14 Department's obligation to report and shall be granted an
15 opportunity to request an administrative hearing, the sole
16 purpose of which is to determine if the substantiated
17 finding warrants reporting to the registry. Notice to the
18 employee shall contain a clear and concise statement of the
19 grounds on which the report to the registry is based, offer
20 the employee an opportunity for a hearing, and identify the
21 process for requesting such a hearing. Notice is sufficient
22 if provided by certified mail to the employee's last known
23 address. If the employee fails to request a hearing within
24 30 days from the date of the notice, the Inspector General
25 shall report the name of the employee to the registry.
26 Nothing in this subdivision (s)(2) shall diminish or impair

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1 the rights of a person who is a member of a collective
2 bargaining unit under the Illinois Public Labor Relations
3 Act or under any other federal labor statute.
4 (3) Registry hearings. If the employee requests an
5 administrative hearing, the employee shall be granted an
6 opportunity to appear before an administrative law judge to
7 present reasons why the employee's name should not be
8 reported to the registry. The Department shall bear the
9 burden of presenting evidence that establishes, by a
10 preponderance of the evidence, that the substantiated
11 finding warrants reporting to the registry. After
12 considering all the evidence presented, the administrative
13 law judge shall make a recommendation to the Secretary as
14 to whether the substantiated finding warrants reporting
15 the name of the employee to the registry. The Secretary
16 shall render the final decision. The Department and the
17 employee shall have the right to request that the
18 administrative law judge consider a stipulated disposition
19 of these proceedings.
20 (4) Testimony at registry hearings. A person who makes
21 a report or who investigates a report under this Act shall
22 testify fully in any judicial proceeding resulting from
23 such a report, as to any evidence of abuse or neglect, or
24 the cause thereof. No evidence shall be excluded by reason
25 of any common law or statutory privilege relating to
26 communications between the alleged perpetrator of abuse or

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1 neglect, or the individual alleged as the victim in the
2 report, and the person making or investigating the report.
3 Testimony at hearings is exempt from the confidentiality
4 requirements of subsection (f) of Section 10 of the Mental
5 Health and Developmental Disabilities Confidentiality Act.
6 (5) Employee's rights to collateral action. No
7 reporting to the registry shall occur and no hearing shall
8 be set or proceed if an employee notifies the Inspector
9 General in writing, including any supporting
10 documentation, that he or she is formally contesting an
11 adverse employment action resulting from a substantiated
12 finding by complaint filed with the Illinois Civil Service
13 Commission, or which otherwise seeks to enforce the
14 employee's rights pursuant to any applicable collective
15 bargaining agreement. If an action taken by an employer
16 against an employee as a result of a finding of physical
17 abuse, sexual abuse, or egregious neglect is overturned
18 through an action filed with the Illinois Civil Service
19 Commission or under any applicable collective bargaining
20 agreement and if that employee's name has already been sent
21 to the registry, the employee's name shall be removed from
22 the registry.
23 (6) Removal from registry. At any time after the report
24 to the registry, but no more than once in any 12-month
25 period, an employee may petition the Department in writing
26 to remove his or her name from the registry. Upon receiving

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1 notice of such request, the Inspector General shall conduct
2 an investigation into the petition. Upon receipt of such
3 request, an administrative hearing will be set by the
4 Department. At the hearing, the employee shall bear the
5 burden of presenting evidence that establishes, by a
6 preponderance of the evidence, that removal of the name
7 from the registry is in the public interest. The parties
8 may jointly request that the administrative law judge
9 consider a stipulated disposition of these proceedings.
10 (t) Review of Administrative Decisions. The Department
11shall preserve a record of all proceedings at any formal
12hearing conducted by the Department involving health care
13worker registry hearings. Final administrative decisions of
14the Department are subject to judicial review pursuant to
15provisions of the Administrative Review Law.
16 (u) Quality Care Board. There is created, within the Office
17of the Inspector General, a Quality Care Board to be composed
18of 7 members appointed by the Governor with the advice and
19consent of the Senate. One of the members shall be designated
20as chairman by the Governor. Of the initial appointments made
21by the Governor, 4 Board members shall each be appointed for a
22term of 4 years and 3 members shall each be appointed for a
23term of 2 years. Upon the expiration of each member's term, a
24successor shall be appointed for a term of 4 years. In the case
25of a vacancy in the office of any member, the Governor shall
26appoint a successor for the remainder of the unexpired term.

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1 Members appointed by the Governor shall be qualified by
2professional knowledge or experience in the area of law,
3investigatory techniques, or in the area of care of the
4mentally ill or care of persons with developmental
5disabilities. Two members appointed by the Governor shall be
6persons with a disability or a parent of a person with a
7disability. Members shall serve without compensation, but
8shall be reimbursed for expenses incurred in connection with
9the performance of their duties as members.
10 The Board shall meet quarterly, and may hold other meetings
11on the call of the chairman. Four members shall constitute a
12quorum allowing the Board to conduct its business. The Board
13may adopt rules and regulations it deems necessary to govern
14its own procedures.
15 The Board shall monitor and oversee the operations,
16policies, and procedures of the Inspector General to ensure the
17prompt and thorough investigation of allegations of neglect and
18abuse. In fulfilling these responsibilities, the Board may do
19the following:
20 (1) Provide independent, expert consultation to the
21 Inspector General on policies and protocols for
22 investigations of alleged abuse, neglect, or both abuse and
23 neglect.
24 (2) Review existing regulations relating to the
25 operation of facilities.
26 (3) Advise the Inspector General as to the content of

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1 training activities authorized under this Section.
2 (4) Recommend policies concerning methods for
3 improving the intergovernmental relationships between the
4 Office of the Inspector General and other State or federal
5 offices.
6 (v) Annual report. The Inspector General shall provide to
7the General Assembly and the Governor, no later than January 1
8of each year, a summary of reports and investigations made
9under this Act for the prior fiscal year with respect to
10individuals receiving mental health or developmental
11disabilities services. The report shall detail the imposition
12of sanctions, if any, and the final disposition of any
13corrective or administrative action directed by the Secretary.
14The summaries shall not contain any confidential or identifying
15information of any individual, but shall include objective data
16identifying any trends in the number of reported allegations,
17the timeliness of the Office of the Inspector General's
18investigations, and their disposition, for each facility and
19Department-wide, for the most recent 3-year time period. The
20report shall also identify, by facility, the staff-to-patient
21ratios taking account of direct care staff only. The report
22shall also include detailed recommended administrative actions
23and matters for consideration by the General Assembly.
24 (w) Program audit. The Auditor General shall conduct a
25program audit of the Office of the Inspector General on an
26as-needed basis, as determined by the Auditor General. The

SB1748 Enrolled- 24 -LRB100 07154 MJP 17214 b
1audit shall specifically include the Inspector General's
2compliance with the Act and effectiveness in investigating
3reports of allegations occurring in any facility or agency. The
4Auditor General shall conduct the program audit according to
5the provisions of the Illinois State Auditing Act and shall
6report its findings to the General Assembly no later than
7January 1 following the audit period.
8 (x) Nothing in this Section shall be construed to mean that
9a patient is a victim of abuse or neglect because of health
10care services appropriately provided or not provided by health
11care professionals.
12 (y) Nothing in this Section shall require a facility,
13including its employees, agents, medical staff members, and
14health care professionals, to provide a service to a patient in
15contravention of that patient's stated or implied objection to
16the provision of that service on the ground that that service
17conflicts with the patient's religious beliefs or practices,
18nor shall the failure to provide a service to a patient be
19considered abuse under this Section if the patient has objected
20to the provision of that service based on his or her religious
21beliefs or practices.
22(Source: P.A. 98-49, eff. 7-1-13; 98-711, eff. 7-16-14; 99-143,
23eff. 7-27-15; 99-323, eff. 8-7-15; 99-642, eff. 7-28-16.)
24 Section 10. The Community-Integrated Living Arrangements
25Licensure and Certification Act is amended by changing Sections

SB1748 Enrolled- 25 -LRB100 07154 MJP 17214 b
14, 6, and 13 and by adding Section 9.2 as follows:
2 (210 ILCS 135/4) (from Ch. 91 1/2, par. 1704)
3 Sec. 4. (a) Any community mental health or developmental
4services agency who wishes to develop and support a variety of
5community-integrated living arrangements may do so pursuant to
6a license issued by the Department under this Act. However,
7programs established under or otherwise subject to the Child
8Care Act of 1969, the Nursing Home Care Act, the Specialized
9Mental Health Rehabilitation Act of 2013, the ID/DD Community
10Care Act, or the MC/DD Act, as now or hereafter amended, shall
11remain subject thereto, and this Act shall not be construed to
12limit the application of those Acts.
13 (b) The system of licensure established under this Act
14shall be for the purposes of:
15 (1) Insuring that all recipients residing in
16 community-integrated living arrangements are receiving
17 appropriate community-based services, including treatment,
18 training and habilitation or rehabilitation;
19 (2) Insuring that recipients' rights are protected and
20 that all programs provided to and placements arranged for
21 recipients comply with this Act, the Mental Health and
22 Developmental Disabilities Code, and applicable Department
23 rules and regulations;
24 (3) Maintaining the integrity of communities by
25 requiring regular monitoring and inspection of placements

SB1748 Enrolled- 26 -LRB100 07154 MJP 17214 b
1 and other services provided in community-integrated living
2 arrangements.
3 The licensure system shall be administered by a quality
4assurance unit within the Department which shall be
5administratively independent of units responsible for funding
6of agencies or community services.
7 (c) As a condition of being licensed by the Department as a
8community mental health or developmental services agency under
9this Act, the agency shall certify to the Department that:
10 (1) All recipients residing in community-integrated
11 living arrangements are receiving appropriate
12 community-based services, including treatment, training
13 and habilitation or rehabilitation;
14 (2) All programs provided to and placements arranged
15 for recipients are supervised by the agency; and
16 (3) All programs provided to and placements arranged
17 for recipients comply with this Act, the Mental Health and
18 Developmental Disabilities Code, and applicable Department
19 rules and regulations.
20 (d) An applicant for licensure as a community mental health
21or developmental services agency under this Act shall submit an
22application pursuant to the application process established by
23the Department by rule and shall pay an application fee in an
24amount established by the Department, which amount shall not be
25more than $200.
26 (e) If an applicant meets the requirements established by

SB1748 Enrolled- 27 -LRB100 07154 MJP 17214 b
1the Department to be licensed as a community mental health or
2developmental services agency under this Act, after payment of
3the licensing fee, the Department shall issue a license valid
4for 3 years from the date thereof unless suspended or revoked
5by the Department or voluntarily surrendered by the agency.
6 (f) Upon application to the Department, the Department may
7issue a temporary permit to an applicant for up to a 2-year a
86-month period to allow the holder of such permit reasonable
9time to become eligible for a license under this Act.
10 (g)(1) The Department may conduct site visits to an agency
11licensed under this Act, or to any program or placement
12certified by the agency, and inspect the records or premises,
13or both, of such agency, program or placement as it deems
14appropriate, for the purpose of determining compliance with
15this Act, the Mental Health and Developmental Disabilities
16Code, and applicable Department rules and regulations.
17 (2) If the Department determines that an agency licensed
18under this Act is not in compliance with this Act or the rules
19and regulations promulgated under this Act, the Department
20shall serve a notice of violation upon the licensee. Each
21notice of violation shall be prepared in writing and shall
22specify the nature of the violation, the statutory provision or
23rule alleged to have been violated, and that the licensee
24submit a plan of correction to the Department if required. The
25notice shall also inform the licensee of any other action which
26the Department might take pursuant to this Act and of the right

SB1748 Enrolled- 28 -LRB100 07154 MJP 17214 b
1to a hearing.
2 (g-5) As determined by the Department, a disproportionate
3number or percentage of licensure complaints; a
4disproportionate number or percentage of substantiated cases
5of abuse, neglect, or exploitation involving an agency; an
6apparent unnatural death of an individual served by an agency;
7any egregious or life-threatening abuse or neglect within an
8agency; or any other significant event as determined by the
9Department shall initiate a review of the agency's license by
10the Department, as well as a review of its service agreement
11for funding. The Department shall adopt rules to establish the
12process by which the determination to initiate a review shall
13be made and the timeframe to initiate a review upon the making
14of such determination.
15 (h) Upon the expiration of any license issued under this
16Act, a license renewal application shall be required of and a
17license renewal fee in an amount established by the Department
18shall be charged to a community mental health or developmental
19services agency, provided that such fee shall not be more than
21 (i) A public or private agency, association, partnership,
22corporation, or organization that has had a license revoked
23under subsection (b) of Section 6 of this Act may not apply for
24or possess a license under a different name.
25(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)

SB1748 Enrolled- 29 -LRB100 07154 MJP 17214 b
1 (210 ILCS 135/6) (from Ch. 91 1/2, par. 1706)
2 Sec. 6. (a) The Department shall deny an application for a
3license, or revoke or refuse to renew the license of a
4community mental health or developmental services agency, or
5refuse to issue a license to the holder of a temporary permit,
6if the Department determines that the applicant, agency or
7permit holder has not complied with a provision of this Act,
8the Mental Health and Developmental Disabilities Code, or
9applicable Department rules and regulations. Specific grounds
10for denial or revocation of a license, or refusal to renew a
11license or to issue a license to the holder of a temporary
12permit, shall include but not be limited to:
13 (1) Submission of false information either on
14 Department licensure forms or during an inspection;
15 (2) Refusal to allow an inspection to occur;
16 (3) Violation of this Act or rules and regulations
17 promulgated under this Act;
18 (4) Violation of the rights of a recipient;
19 (5) Failure to submit or implement a plan of correction
20 within the specified time period; or
21 (6) Failure to submit a workplace violence prevention
22 plan in compliance with the Health Care Workplace Violence
23 Prevention Act.
24 (b) If the Department determines that the operation of a
25community mental health or developmental services agency or one
26or more of the programs or placements certified by the agency

SB1748 Enrolled- 30 -LRB100 07154 MJP 17214 b
1under this Act jeopardizes the health, safety or welfare of the
2recipients served by the agency, the Department may immediately
3revoke the agency's license and may direct the agency to
4withdraw recipients from any such program or placement. If an
5agency's license is revoked under this subsection, then the
6Department or the Department's agents shall have unimpeded,
7immediate, and full access to the recipients served by that
8agency and the recipients' medications, records, and personal
9possessions in order to ensure a timely, safe, and smooth
10transition of those individuals from the program or placement.
11 (c) Upon revocation of an agency's license under subsection
12(b) of this Section, the agency shall continue providing for
13the health, safety, and welfare of the individuals that the
14agency was serving at the time the agency's license was revoked
15during the period of transition. The private, not-for-profit
16corporation designated by the Governor to administer the State
17plan to protect and advocate for the rights of persons with
18developmental disabilities under Section 1 of the Protection
19and Advocacy for Persons with Developmental Disabilities Act,
20contingent on State funding from the Department, shall have
21unimpeded, immediate, and full access to recipients and
22recipients' guardians to inform them of the recipients' and
23recipients' guardians' rights and options during the
24revocation and transition process.
25 (d) The Office of Inspector General of the Department of
26Human Services shall continue to have jurisdiction over an

SB1748 Enrolled- 31 -LRB100 07154 MJP 17214 b
1agency and the individuals it served at the time the agency's
2license was revoked for up to one year after the date that the
3license was revoked.
4(Source: P.A. 94-347, eff. 7-28-05.)
5 (210 ILCS 135/9.2 new)
6 Sec. 9.2. Emergency contacts and required records. An
7agency shall collect and securely store identifying and contact
8information for each resident. Unless otherwise required by
9statute or an agency's rules or policies, this information may
10include, but not be limited to, a current photograph, personal
11contact information, guardian or emergency contact
12information, a log of all off-site overnight visits, current
13identification card, medical card, social security number, and
14birth certificate. A resident's individual service
15coordination agency shall maintain copies of the documents as
16well. The log of all off-site overnight visits shall not apply
17to intermittent community-integrated living arrangements or in
18situations where the resident leaves to stay with parents and
19family. This information shall be updated periodically.
20 (210 ILCS 135/13)
21 Sec. 13. Fire inspections; authority.
22 (a) Per the requirements of Public Act 96-1141, on January
231, 2011 a report titled "Streamlined Auditing and Monitoring
24for Community Based Services: First Steps Toward a More

SB1748 Enrolled- 32 -LRB100 07154 MJP 17214 b
1Efficient System for Providers, State Government, and the
2Community" was provided for members of the General Assembly.
3The report, which was developed by a steering committee of
4community providers, trade associations, and designated
5representatives from the Departments of Children and Family
6Services, Healthcare and Family Services, Human Services, and
7Public Health, issued a series of recommendations, including
8recommended changes to Administrative Rules and Illinois
9statutes, on the categories of deemed status for accreditation,
10fiscal audits, centralized repository of information,
11Medicaid, technology, contracting, and streamlined monitoring
12procedures. It is the intent of the 97th General Assembly to
13pursue implementation of those recommendations that have been
14determined to require Acts of the General Assembly.
15 (b) For community-integrated living arrangements licensed
16under this Act, code the Office of the State Fire Marshal shall
17provide the necessary fire inspection to comply with licensing
18requirements. The Office of the State Fire Marshal may enter
19into an agreement with another State agency to conduct this
20inspection if qualified personnel are employed by that agency.
21Code enforcement inspection of the facility by the local
22authority may shall only occur if the local authority having
23jurisdiction enforces code requirements that are equal to more
24stringent than those enforced by the State Fire Marshal.
25Nothing in this Section shall prohibit a local fire authority
26from conducting fire incident planning activities.

SB1748 Enrolled- 33 -LRB100 07154 MJP 17214 b
1(Source: P.A. 97-321, eff. 8-12-11; 97-813, eff. 7-13-12.)
2 Section 99. Effective date. This Act takes effect upon
3becoming law.