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

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

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

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

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

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

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

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

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

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

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

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

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

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

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1		Neglected Long Term Care Facility Residents Reporting Act. Raw
2		data used to compile the investigative report shall not be
3		subject to release unless required by law or a court order.
4		"Raw data used to compile the investigative report" includes,
5		but is not limited to, any one or more of the following: the
6		initial complaint, witness statements, photographs,
7		investigator's notes, police reports, or incident reports. If
8		the allegations are substantiated, the accused shall be
9		provided with a redacted copy of the investigative report.
10		Death reports where there was no allegation of abuse or neglect
11		shall only be released pursuant to applicable State or federal
12		law 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
5		Inspector General shall disclose the finding of an
6		investigation to the following persons: (i) the Governor, (ii)
7		the Secretary, (iii) the director of the facility or agency,
8		(iv) the alleged victims and their guardians, (v) the
9		complainant, and (vi) the accused. This information shall
10		include whether the allegations were deemed substantiated,
11		unsubstantiated, or unfounded.
12		(p) Secretary review. Upon review of the Inspector
13		General's investigative report and any agency's or facility's
14		written response, the Secretary shall accept or reject the
15		written response and notify the Inspector General of that
16		determination. The Secretary may further direct that other
17		administrative action be taken, including, but not limited to,
18		any one or more of the following: (i) additional site visits,
19		(ii) training, (iii) provision of technical assistance
20		relative to administrative needs, licensure or certification,
21		or (iv) the imposition of appropriate sanctions.
22		(q) Action by facility or agency. Within 30 days of the
23		date the Secretary approves the written response or directs
24		that further administrative action be taken, the facility or
25		agency shall provide an implementation report to the Inspector
26		General that provides the status of the action taken. The

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1		facility or agency shall be allowed an additional 30 days to
2		send notice of completion of the action or to send an updated
3		implementation report. If the action has not been completed
4		within the additional 30 day period, the facility or agency
5		shall send updated implementation reports every 60 days until
6		completion. The Inspector General shall conduct a review of any
7		implementation plan that takes more than 120 days after
8		approval to complete, and shall monitor compliance through a
9		random review of approved written responses, which may include,
10		but are not limited to: (i) site visits, (ii) telephone
11		contact, and (iii) requests for additional documentation
12		evidencing compliance.
13		(r) Sanctions. Sanctions, if imposed by the Secretary under
14		Subdivision (p)(iv) of this Section, shall be designed to
15		prevent further acts of mental abuse, physical abuse, sexual
16		abuse, neglect, egregious neglect, or financial exploitation
17		or some combination of one or more of those acts at a facility
18		or 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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1		Illinois Attorney General or the office of any State's Attorney
2		in 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
11		shall preserve a record of all proceedings at any formal
12		hearing conducted by the Department involving health care
13		worker registry hearings. Final administrative decisions of
14		the Department are subject to judicial review pursuant to
15		provisions of the Administrative Review Law.
16		(u) Quality Care Board. There is created, within the Office
17		of the Inspector General, a Quality Care Board to be composed
18		of 7 members appointed by the Governor with the advice and
19		consent of the Senate. One of the members shall be designated
20		as chairman by the Governor. Of the initial appointments made
21		by the Governor, 4 Board members shall each be appointed for a
22		term of 4 years and 3 members shall each be appointed for a
23		term of 2 years. Upon the expiration of each member's term, a
24		successor shall be appointed for a term of 4 years. In the case
25		of a vacancy in the office of any member, the Governor shall
26		appoint a successor for the remainder of the unexpired term.

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1		Members appointed by the Governor shall be qualified by
2		professional knowledge or experience in the area of law,
3		investigatory techniques, or in the area of care of the
4		mentally ill or care of persons with developmental
5		disabilities. Two members appointed by the Governor shall be
6		persons with a disability or a parent of a person with a
7		disability. Members shall serve without compensation, but
8		shall be reimbursed for expenses incurred in connection with
9		the performance of their duties as members.
10		The Board shall meet quarterly, and may hold other meetings
11		on the call of the chairman. Four members shall constitute a
12		quorum allowing the Board to conduct its business. The Board
13		may adopt rules and regulations it deems necessary to govern
14		its own procedures.
15		The Board shall monitor and oversee the operations,
16		policies, and procedures of the Inspector General to ensure the
17		prompt and thorough investigation of allegations of neglect and
18		abuse. In fulfilling these responsibilities, the Board may do
19		the 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
7		the General Assembly and the Governor, no later than January 1
8		of each year, a summary of reports and investigations made
9		under this Act for the prior fiscal year with respect to
10		individuals receiving mental health or developmental
11		disabilities services. The report shall detail the imposition
12		of sanctions, if any, and the final disposition of any
13		corrective or administrative action directed by the Secretary.
14		The summaries shall not contain any confidential or identifying
15		information of any individual, but shall include objective data
16		identifying any trends in the number of reported allegations,
17		the timeliness of the Office of the Inspector General's
18		investigations, and their disposition, for each facility and
19		Department-wide, for the most recent 3-year time period. The
20		report shall also identify, by facility, the staff-to-patient
21		ratios taking account of direct care staff only. The report
22		shall also include detailed recommended administrative actions
23		and matters for consideration by the General Assembly.
24		(w) Program audit. The Auditor General shall conduct a
25		program audit of the Office of the Inspector General on an
26		as-needed basis, as determined by the Auditor General. The

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

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1		4, 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
4		services agency who wishes to develop and support a variety of
5		community-integrated living arrangements may do so pursuant to
6		a license issued by the Department under this Act. However,
7		programs established under or otherwise subject to the Child
8		Care Act of 1969, the Nursing Home Care Act, the Specialized
9		Mental Health Rehabilitation Act of 2013, the ID/DD Community
10		Care Act, or the MC/DD Act, as now or hereafter amended, shall
11		remain subject thereto, and this Act shall not be construed to
12		limit the application of those Acts.
13		(b) The system of licensure established under this Act
14		shall 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

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1		and other services provided in community-integrated living
2		arrangements.
3		The licensure system shall be administered by a quality
4		assurance unit within the Department which shall be
5		administratively independent of units responsible for funding
6		of agencies or community services.
7		(c) As a condition of being licensed by the Department as a
8		community mental health or developmental services agency under
9		this 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
21		or developmental services agency under this Act shall submit an
22		application pursuant to the application process established by
23		the Department by rule and shall pay an application fee in an
24		amount established by the Department, which amount shall not be
25		more than $200.
26		(e) If an applicant meets the requirements established by

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1		the Department to be licensed as a community mental health or
2		developmental services agency under this Act, after payment of
3		the licensing fee, the Department shall issue a license valid
4		for 3 years from the date thereof unless suspended or revoked
5		by the Department or voluntarily surrendered by the agency.
6		(f) Upon application to the Department, the Department may
7		issue a temporary permit to an applicant for up to a 2-year a
8		6-month period to allow the holder of such permit reasonable
9		time to become eligible for a license under this Act.
10		(g)(1) The Department may conduct site visits to an agency
11		licensed under this Act, or to any program or placement
12		certified by the agency, and inspect the records or premises,
13		or both, of such agency, program or placement as it deems
14		appropriate, for the purpose of determining compliance with
15		this Act, the Mental Health and Developmental Disabilities
16		Code, and applicable Department rules and regulations.
17		(2) If the Department determines that an agency licensed
18		under this Act is not in compliance with this Act or the rules
19		and regulations promulgated under this Act, the Department
20		shall serve a notice of violation upon the licensee. Each
21		notice of violation shall be prepared in writing and shall
22		specify the nature of the violation, the statutory provision or
23		rule alleged to have been violated, and that the licensee
24		submit a plan of correction to the Department if required. The
25		notice shall also inform the licensee of any other action which
26		the Department might take pursuant to this Act and of the right

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1		to a hearing.
2		(g-5) As determined by the Department, a disproportionate
3		number or percentage of licensure complaints; a
4		disproportionate number or percentage of substantiated cases
5		of abuse, neglect, or exploitation involving an agency; an
6		apparent unnatural death of an individual served by an agency;
7		any egregious or life-threatening abuse or neglect within an
8		agency; or any other significant event as determined by the
9		Department shall initiate a review of the agency's license by
10		the Department, as well as a review of its service agreement
11		for funding. The Department shall adopt rules to establish the
12		process by which the determination to initiate a review shall
13		be made and the timeframe to initiate a review upon the making
14		of such determination.
15		(h) Upon the expiration of any license issued under this
16		Act, a license renewal application shall be required of and a
17		license renewal fee in an amount established by the Department
18		shall be charged to a community mental health or developmental
19		services agency, provided that such fee shall not be more than
20		$200.
21		(i) A public or private agency, association, partnership,
22		corporation, or organization that has had a license revoked
23		under subsection (b) of Section 6 of this Act may not apply for
24		or possess a license under a different name.
25		(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)

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1		(210 ILCS 135/6) (from Ch. 91 1/2, par. 1706)
2		Sec. 6. (a) The Department shall deny an application for a
3		license, or revoke or refuse to renew the license of a
4		community mental health or developmental services agency, or
5		refuse to issue a license to the holder of a temporary permit,
6		if the Department determines that the applicant, agency or
7		permit holder has not complied with a provision of this Act,
8		the Mental Health and Developmental Disabilities Code, or
9		applicable Department rules and regulations. Specific grounds
10		for denial or revocation of a license, or refusal to renew a
11		license or to issue a license to the holder of a temporary
12		permit, 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
25		community mental health or developmental services agency or one
26		or more of the programs or placements certified by the agency

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

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1		agency and the individuals it served at the time the agency's
2		license was revoked for up to one year after the date that the
3		license 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
7		agency shall collect and securely store identifying and contact
8		information for each resident. Unless otherwise required by
9		statute or an agency's rules or policies, this information may
10		include, but not be limited to, a current photograph, personal
11		contact information, guardian or emergency contact
12		information, a log of all off-site overnight visits, current
13		identification card, medical card, social security number, and
14		birth certificate. A resident's individual service
15		coordination agency shall maintain copies of the documents as
16		well. The log of all off-site overnight visits shall not apply
17		to intermittent community-integrated living arrangements or in
18		situations where the resident leaves to stay with parents and
19		family. 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
23		1, 2011 a report titled "Streamlined Auditing and Monitoring
24		for Community Based Services: First Steps Toward a More

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

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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
3		becoming law.