Public Act 097-0864
 
HB5266 EnrolledLRB097 18524 KTG 63755 b


  
    AN ACT concerning aging.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Elder Abuse and Neglect Act is amended  by 
changing Section 8 as follows:
 



    (320 ILCS 20/8)  (from Ch. 23, par. 6608)



    Sec. 8. Access to records. All records concerning reports 
of elder abuse,
neglect, financial exploitation, or 
self-neglect and all records generated as a result of
such 
reports shall be confidential and shall not be disclosed except 
as
specifically authorized by this Act or other applicable law. 
In accord with established law and Department protocols, 
procedures, and policies, access to such
records, but not 
access to the identity of the person or persons making a
report 
of alleged abuse, neglect,
financial exploitation, or 
self-neglect as contained in
such records, shall be provided, 
upon request, to the following persons and for the following

persons:

        (1) Department staff, provider agency staff, other 
    aging network staff, and
regional administrative agency 
    staff, including staff of the Chicago Department on Aging 
    while that agency is designated as a regional 
    administrative agency, in the furtherance of their

    responsibilities under this Act;

        (2) A law enforcement agency investigating known or 
    suspected
elder abuse, neglect, financial exploitation, or 
    self-neglect.  Where a provider
agency has reason to believe 
    that the
death of an eligible adult may be the result of 
    abuse or neglect, the agency
shall immediately provide the 
    appropriate law enforcement agency with all
records 
    pertaining to the eligible adult;

        (2.5) A law enforcement agency, fire department 
    agency, or fire protection district having proper 
    jurisdiction pursuant to a written agreement between a 
    provider agency and the law enforcement agency, fire 
    department agency, or fire protection district under which 
    the provider agency may furnish to the law enforcement 
    agency, fire department agency, or fire protection 
    district a list of all eligible adults who may be at 
    imminent risk of elder abuse, neglect, financial 
    exploitation, or self-neglect; 
        (3) A physician who has before him or her or who is 
    involved
in the treatment of an eligible adult whom he or 
    she reasonably suspects
may be abused, neglected, 
    financially exploited, or self-neglected or who has been

    referred to the Elder Abuse and Neglect Program;

        (4) An eligible adult reported to be abused,
neglected,

    financially exploited, or self-neglected, or such adult's 
    authorized guardian or agent, unless such
guardian or agent 
    is the abuser or the alleged abuser;
        (4.5) An executor or administrator of the estate of an 
    eligible adult who is deceased; 

        (5) In cases regarding elder abuse, neglect, or 
    financial exploitation, a court or a guardian ad litem, 
    upon its or his or
her finding that access to such records 
    may be
necessary for the determination of an issue before 
    the court.
However,
such access shall be limited to an in 
    camera inspection of the records,
unless the court 
    determines that disclosure of the information contained

    therein is necessary for the resolution of an issue then 
    pending before it;

        (5.5) In cases regarding self-neglect, a guardian ad 
    litem;

        (6) A grand jury, upon its determination that access to 
    such
records is necessary in the conduct of its official 
    business;

        (7) Any person authorized by the Director, in writing, 
    for
audit or bona fide research purposes;

        (8) A coroner or medical examiner who has reason to 
    believe
that an eligible adult has died as the result of 
    abuse, neglect,
 financial exploitation, or self-neglect.  
    The provider agency shall immediately provide the
coroner

    or medical examiner with all records pertaining to the 
    eligible adult;

        (8.5) A coroner or medical examiner having proper 
    jurisdiction, pursuant to a written agreement between a 
    provider agency and the coroner or medical examiner, under 
    which the provider agency may furnish to the office of the 
    coroner or medical examiner a list of all eligible adults 
    who may be at imminent risk of death as a result of abuse, 
    neglect, financial exploitation, or self-neglect; and 
        (9) Department of Professional Regulation staff
and 
    members of the Social Work Examining and Disciplinary Board 
    in the course
of investigating alleged violations of the 
    Clinical Social Work and Social Work
Practice Act by 
    provider agency staff.

(Source: P.A. 96-526, eff. 1-1-10.)