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| Public Act 094-0934 |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Mental Health and Developmental | ||||
Disabilities Administrative Act is amended by changing Section | ||||
7.3 as follows:
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(20 ILCS 1705/7.3)
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Sec. 7.3. Nurse aide registry; finding of abuse or neglect. | ||||
The
Department
shall require that no facility, service agency, | ||||
or support agency providing
mental health
or developmental | ||||
disability services that is licensed, certified, operated, or
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funded by the
Department shall employ a person, in any | ||||
capacity, who is identified by the
nurse aide
registry as | ||||
having been subject of a substantiated finding of abuse or | ||||
neglect
of a service recipient. Any owner or operator of a | ||||
community agency who is identified by the nurse aide registry | ||||
as having been the subject of a substantiated finding of abuse | ||||
or neglect of a service recipient is prohibited from any | ||||
involvement in any capacity with the provision of Department | ||||
funded mental health or developmental disability services. The
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Department shall establish and maintain the rules that are
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necessary or
appropriate to effectuate the intent of this | ||||
Section. The provisions of this
Section shall not
apply to any | ||||
facility, service agency, or support agency licensed or | ||||
certified
by a State
agency other than the Department, unless | ||||
operated by the Department of Human
Services.
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(Source: P.A. 92-473, eff. 1-1-02.)
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Section 10. The Abused and Neglected Long Term Care | ||||
Facility Residents Reporting
Act is amended by changing Section | ||||
6.2 as follows: | ||||
(210 ILCS 30/6.2) (from Ch. 111 1/2, par. 4166.2)
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Sec. 6.2. Inspector General.
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(a) The Governor shall appoint, and the Senate shall | ||
confirm, an Inspector
General. The Inspector General shall be | ||
appointed for a term of 4 years
and shall function within the | ||
Department of Human Services and report
to the Secretary of | ||
Human
Services and the Governor.
The Inspector General shall | ||
function independently within the Department of
Human Services | ||
with respect to the operations of the office, including the
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performance of investigations and issuance of
findings and | ||
recommendations. The appropriation for the Office of Inspector
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General shall be separate from the overall appropriation for | ||
the Department of
Human Services. The Inspector General shall
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investigate reports of
suspected abuse or neglect (as those | ||
terms are defined in Section 3 of this
Act) of patients or | ||
residents in any mental health or developmental
disabilities | ||
facility operated by the Department of Human Services and shall
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have authority to
investigate and take immediate action on | ||
reports of abuse or neglect of
recipients, whether patients or | ||
residents, in any mental health or
developmental disabilities | ||
facility or program that is licensed or certified
by the | ||
Department of Human Services (as successor to the Department of
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Mental Health and Developmental Disabilities) or that is funded | ||
by the
Department of Human Services (as successor to the | ||
Department of Mental
Health and Developmental Disabilities) | ||
and is not licensed or
certified by any agency of the State. At | ||
the specific, written request of an
agency of the State other | ||
than the Department of Human Services (as successor
to the | ||
Department of Mental Health and Developmental Disabilities), | ||
the
Inspector General may cooperate in investigating
reports of | ||
abuse and neglect of persons with mental illness or persons | ||
with
developmental disabilities. The Inspector General shall | ||
have no supervision
over or involvement in routine, | ||
programmatic, licensure, or certification
operations of the | ||
Department of Human Services or any of its funded agencies.
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The Inspector General shall promulgate rules establishing | ||
minimum
requirements for reporting allegations of abuse and | ||
neglect and initiating,
conducting, and completing | ||
investigations. The
promulgated rules shall clearly set forth | ||
that in instances where 2 or more
State agencies could | ||
investigate an allegation of abuse or neglect, the
Inspector | ||
General shall not conduct an investigation that is redundant to | ||
an
investigation conducted by another State agency.
The rules | ||
shall establish criteria
for determining, based upon the nature | ||
of the allegation, the appropriate
method of investigation, | ||
which may include, but need not be limited to, site
visits, | ||
telephone contacts, or requests for written responses from | ||
agencies.
The rules shall also clarify how the Office of the | ||
Inspector General shall
interact with the licensing unit of the | ||
Department of Human Services in
investigations of
allegations | ||
of abuse or neglect. Any allegations or investigations of | ||
reports
made pursuant to this Act shall
remain confidential | ||
until a final report is completed.
The resident or patient who | ||
allegedly was abused or neglected and his or her
legal guardian | ||
shall be informed by the facility or agency of the report of
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alleged abuse or neglect.
Final reports
regarding | ||
unsubstantiated or unfounded allegations shall remain | ||
confidential,
except that final reports may be disclosed | ||
pursuant to Section 6 of this
Act.
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When the Office of the Inspector General has substantiated | ||
a case of abuse
or neglect, the Inspector General shall include | ||
in the final report any
mitigating or aggravating circumstances | ||
that were identified during the
investigation. Upon | ||
determination that a report of neglect is
substantiated, the | ||
Inspector General shall then determine whether such neglect
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rises to the level of egregious neglect.
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(b) The Inspector General shall, within 24 hours after | ||
determining that a reported allegation of suspected abuse or | ||
neglect
indicates that any possible criminal act has been | ||
committed
or that special
expertise is required in the | ||
investigation,
immediately notify the
Department of State | ||
Police or the appropriate law enforcement entity. The | ||
Department of State Police shall
investigate any report from a | ||
State-operated facility indicating a possible murder, rape, or | ||
other felony.
All investigations conducted by the Inspector | ||
General shall be conducted in
a manner designed to ensure the | ||
preservation of evidence for possible use
in a criminal | ||
prosecution.
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(b-5) The Inspector General shall make a determination to | ||
accept or reject
a preliminary report of the
investigation of | ||
alleged abuse or neglect based on established investigative
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procedures.
Notice of the Inspector General's determination | ||
must be given to
the person who claims to be the victim of the | ||
abuse or neglect, to
the person
or persons alleged to have been | ||
responsible for abuse or neglect, and to the
facility or | ||
agency.
The facility or agency or the person or persons alleged
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to
have been responsible
for the abuse or neglect and the | ||
person who claims to be the victim of the
abuse or neglect may | ||
request clarification or
reconsideration
based on additional | ||
information. For cases where the allegation of abuse or
neglect | ||
is substantiated, the Inspector General shall require the | ||
facility or
agency to submit a written response. The written | ||
response from a facility or
agency shall address in a concise | ||
and reasoned manner the actions
that the agency or facility | ||
will take or has taken to protect the resident or
patient from | ||
abuse or neglect, prevent reoccurrences, and eliminate | ||
problems
identified and shall include implementation and | ||
completion dates for all such
action.
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(c) The Inspector General shall, within 10 calendar days | ||
after the
transmittal date of a completed investigation where | ||
abuse or neglect is
substantiated or administrative action is | ||
recommended, provide a complete
report on the case to the | ||
Secretary of Human Services and to the agency in
which the | ||
abuse or neglect is
alleged to have happened.
The complete | ||
report shall include a written response from the agency or
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facility operated by the State to the Inspector General that | ||
addresses in a
concise and reasoned manner the actions that the | ||
agency or facility
will take or has taken to protect the | ||
resident or patient from abuse or
neglect, prevent | ||
reoccurrences, and eliminate problems identified and
shall | ||
include implementation and completion dates for all such | ||
action. The
Secretary of Human Services shall accept or reject | ||
the
response and establish how the Department will determine | ||
whether the facility
or program followed the approved response. | ||
The Secretary may require
Department
personnel to visit the | ||
facility or agency for training, technical assistance,
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programmatic, licensure, or certification purposes. | ||
Administrative action,
including sanctions, may be applied | ||
should the Secretary reject the response or
should the facility | ||
or agency fail to follow the approved response.
Within 30 days | ||
after the
Secretary has approved a response, the facility or | ||
agency making the response
shall provide an implementation | ||
report to the Inspector General on the status
of the corrective | ||
action
implemented. Within 60 days after the Secretary has | ||
approved the response,
the facility or agency shall send notice | ||
of the completion of the corrective
action or shall send an | ||
updated implementation report. The facility or agency
shall | ||
continue sending updated implementation reports every 60 days | ||
until the
facility or agency sends a notice of the completion | ||
of the corrective action.
The Inspector General shall review | ||
any implementation plan that takes more than
120 days. The | ||
Inspector General shall monitor compliance through a random
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review of completed corrective actions. This monitoring may | ||
include, but need
not be limited to, site visits, telephone | ||
contacts, or requests for written
documentation from the
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facility or agency to determine whether the facility or agency | ||
is in
compliance with the approved response. The facility or | ||
agency shall inform
the
resident or patient and the legal | ||
guardian whether the
reported allegation was substantiated, | ||
unsubstantiated, or unfounded.
There shall be an appeals | ||
process for any person or
agency that is subject to any action | ||
based on a recommendation or
recommendations.
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(d) The Inspector General may recommend to the Departments | ||
of
Public Health and Human Services sanctions to be
imposed | ||
against mental health and developmental disabilities | ||
facilities
under the jurisdiction of the Department of Human | ||
Services for the protection
of residents,
including | ||
appointment of on-site monitors or receivers, transfer or | ||
relocation
of residents, and closure of units. The Inspector | ||
General may seek the
assistance of the Attorney General or any | ||
of the several State's attorneys in
imposing such sanctions. | ||
Whenever the Inspector General issues any
recommendations to | ||
the Secretary of Human Services, the Secretary shall provide
a | ||
written response.
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(e) The Inspector General shall establish and conduct | ||
periodic
training programs for Department of Human Services | ||
employees concerning the
prevention and reporting of neglect | ||
and abuse.
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(f) The Inspector General shall at all times be granted | ||
access to any
mental health or developmental disabilities | ||
facility operated by the
Department of Human Services, shall | ||
establish and
conduct unannounced site visits to those | ||
facilities at least once annually,
and shall be granted access, | ||
for the purpose of investigating a report of abuse
or neglect, | ||
to the records of the Department of Human Services and to any
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facility or program funded by the Department of Human Services | ||
that is
subject
under the provisions of this Section to | ||
investigation by the Inspector General
for a report of abuse or | ||
neglect.
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(g) Nothing in this Section shall limit investigations by | ||
the
Department of Human Services that may
otherwise be required | ||
by law or that may be necessary in that Department's
capacity | ||
as the central administrative authority responsible for the
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operation of State mental health and developmental disability | ||
facilities.
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(g-5) After notice and an opportunity for a hearing that is | ||
separate and
distinct
from the Office of the Inspector | ||
General's appeals process as implemented under
subsection (c) | ||
of this Section, the Inspector General shall report to the
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Department of
Public Health's nurse aide registry under Section | ||
3-206.01 of the Nursing Home
Care Act
the identity of | ||
individuals against whom there has been a substantiated
finding | ||
of
physical or sexual
abuse or egregious neglect of a service | ||
recipient.
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Nothing in this subsection shall diminish or impair the | ||
rights of a person
who
is a
member of a collective bargaining | ||
unit pursuant to the Illinois
Public Labor
Relations Act or | ||
pursuant to any federal labor statute.
An individual who is a | ||
member of a collective bargaining unit as described
above shall | ||
not be reported to the Department of Public Health's nurse aide
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registry until the exhaustion of that individual's grievance | ||
and arbitration
rights, or until 3 months after the initiation | ||
of the grievance process,
whichever occurs first, provided that | ||
the Department of Human
Services' hearing under this subsection | ||
regarding the reporting of an individual to the Department of | ||
Public Health's nurse aide registry
subsection (c), that is | ||
separate and
distinct from the Office of the Inspector | ||
General's
appeals process, has concluded.
Notwithstanding
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anything
hereinafter or previously provided,
if an action taken | ||
by an employer against an individual as a result of the
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circumstances that led to a finding of physical or sexual abuse | ||
or egregious
neglect is later overturned under a grievance or | ||
arbitration procedure provided
for in Section 8 of the Illinois | ||
Public Labor Relations Act or under a
collective bargaining | ||
agreement,
the report must be removed from the registry.
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The Department of Human Services shall promulgate or amend | ||
rules as
necessary or appropriate to establish procedures for | ||
reporting to the registry,
including the definition of | ||
egregious neglect,
procedures
for notice to the individual and | ||
victim,
appeal and hearing procedures, and petition for
removal | ||
of
the report
from the registry.
The portion of the rules | ||
pertaining to hearings shall provide that, at the
hearing, both | ||
parties may present written and oral evidence.
The Department | ||
shall be required to establish by a preponderance of the
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evidence that the Office of the Inspector General's finding of | ||
physical or
sexual abuse or egregious neglect warrants | ||
reporting to the Department of
Public Health's nurse aide | ||
registry under Section 3-206.01 of the Nursing Home
Care Act.
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Notice to the individual shall include a clear and concise | ||
statement of the
grounds
on which the report to the registry is | ||
based and notice of the opportunity for
a hearing to
contest | ||
the report. The Department of Human Services shall provide the | ||
notice
by
certified mail to the last known address of the | ||
individual. The notice shall
give the individual an opportunity | ||
to contest
the report in
a hearing before the Department of | ||
Human Services or to submit a written
response to the
findings | ||
instead of requesting a hearing.
If the individual does not | ||
request a hearing or if after notice
and
a hearing
the | ||
Department of Human Services finds that the report is valid, | ||
the finding
shall be included as part of the registry, as well | ||
as a brief statement from
the reported individual if he or she | ||
chooses to make a statement. The
Department of Public Health | ||
shall make available to the public information
reported to the | ||
registry.
In a case of inquiries concerning an individual | ||
listed
in the registry, any information disclosed concerning a | ||
finding of abuse or
neglect shall also include disclosure of | ||
the individual's brief statement in
the registry relating to | ||
the reported finding or include a clear and accurate
summary of | ||
the statement.
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At any time after the report of the registry, an individual | ||
may petition the
Department of Human Services for removal from | ||
the registry of the finding
against him or her. Upon receipt of | ||
such a petition, the Department of Human
Services shall conduct | ||
an investigation and hearing on the petition. Upon
completion | ||
of the investigation and hearing, the Department of Human | ||
Services
shall
report the removal of the finding to the | ||
registry unless the Department of
Human Services determines | ||
that removal is not in the public interest.
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(Source: P.A. 93-636, eff. 12-31-03; 94-428, eff. 8-2-05.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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