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91_HB1315
LRB9102021SMpr
1 AN ACT regarding abuse and neglect of the elderly and
2 disabled.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Abused and Neglected Long Term Care
6 Facility Residents Reporting Act is amended by changing
7 Section 3 as follows:
8 (210 ILCS 30/3) (from Ch. 111 1/2, par. 4163)
9 Sec. 3. As used in this Act unless the context otherwise
10 requires:
11 a. "Department" means the Department of Public Health of
12 the State of Illinois.
13 b. "Resident" means a person residing in and receiving
14 personal care from a long term care facility, or residing in
15 a mental health facility or developmental disability facility
16 as defined in the Mental Health and Developmental
17 Disabilities Code.
18 c. "Long term care facility" has the same meaning
19 ascribed to such term in the Nursing Home Care Act, except
20 that the term as used in this Act shall include any mental
21 health facility or developmental disability facility as
22 defined in the Mental Health and Developmental Disabilities
23 Code.
24 d. "Abuse" means physical abuse, sexual abuse, and
25 emotional or psychological abuse any physical injury, sexual
26 abuse or mental injury inflicted on a resident other than by
27 accidental means.
28 e. "Neglect" means the refusal or failure to fulfill any
29 part of a person's obligations or duties to a resident.
30 Neglect may also include failure of a person who has
31 fiduciary responsibilities to provide care for a resident.
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1 Neglect typically means the refusal or failure to provide a
2 resident with such life necessities as food, water, clothing,
3 shelter, personal hygiene, medicine, comfort, personal
4 safety, and other essentials included in an implied or
5 agreed-upon responsibility to a resident.
6 Signs and symptoms of neglect include but are not limited
7 to: dehydration, malnutrition, untreated bed sores, and
8 poor personal hygiene; unattended or untreated health
9 problems; hazardous or unsafe living condition or
10 arrangements (for example, improper wiring, no heat, or no
11 running water); unsanitary and unclean living conditions (for
12 example, dirt, fleas, lice on the person, soiled bedding,
13 fecal or urine smell, or inadequate clothing); and a
14 resident's report of being mistreated.
15 "Neglect" also means abandonment, financial or material
16 exploitation, and self-neglect. a failure in a long term care
17 facility to provide adequate medical or personal care or
18 maintenance, which failure results in physical or mental
19 injury to a resident or in the deterioration of a resident's
20 physical or mental condition.
21 f. "Protective services" means services provided to a
22 resident who has been abused or neglected, which may include,
23 but are not limited to alternative temporary institutional
24 placement, nursing care, counseling, other social services
25 provided at the nursing home where the resident resides or at
26 some other facility, personal care and such protective
27 services of voluntary agencies as are available.
28 g. Unless the context otherwise requires, direct or
29 indirect references in this Act to the programs, personnel,
30 facilities, services, service providers, or service
31 recipients of the Department of Human Services shall be
32 construed to refer only to those programs, personnel,
33 facilities, services, service providers, or service
34 recipients that pertain to the Department of Human Services'
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1 mental health and developmental disabilities functions.
2 h. "Physical abuse" means the use of physical force that
3 may result in bodily injury, physical pain, or impairment.
4 Physical abuse may include but is not limited to such acts
5 of violence as striking (with or without an object), hitting,
6 beating, pushing, shoving, shaking, slapping, kicking,
7 pinching, and burning. In addition, the inappropriate use of
8 drugs and physical restraints, force-feeding, and physical
9 punishment of any kind also are examples of physical abuse.
10 Signs and symptoms of physical abuse include but are not
11 limited to: bruises, black eyes, welts, lacerations, and
12 rope marks; bone fractures, broken bones, and skull
13 fractures; open wounds, cuts, punctures, and untreated
14 injuries in various stages of healing; sprains, dislocations,
15 and internal injuries or bleeding; broken eyeglasses or
16 frames, physical signs of being subjected to punishment, and
17 signs of being restrained; laboratory findings of medication
18 overdose or under-utilization of prescribed drugs; a
19 resident's report of being hit, slapped, kicked, or
20 mistreated; a resident's sudden change in behavior; and the
21 long term care facility's refusal to allow visitors to see a
22 resident alone.
23 i. "Sexual abuse" means nonconsensual sexual contact of
24 any kind with a resident. Sexual contact with any person
25 incapable of giving consent is also considered sexual abuse.
26 It includes but is not limited to unwanted touching and all
27 types of sexual assault or battery, such as rape, sodomy,
28 coerced nudity, and sexually explicit photographing.
29 Signs and symptoms of sexual abuse include but are not
30 limited to: bruises around the breasts or genital area;
31 unexplained venereal disease or genital infections;
32 unexplained vaginal or anal bleeding; torn, stained, or
33 bloody underclothing; and a resident's report of being
34 sexually assaulted or raped.
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1 j. "Emotional abuse" or "psychological abuse" means the
2 infliction of anguish, pain, or distress through verbal or
3 nonverbal acts. Emotional or psychological abuse includes
4 but is not limited to verbal assaults, insults, threats,
5 intimidation, humiliation, and harassment. In addition,
6 treating a resident like an infant; isolating a resident from
7 his or her family, friends, or regular activities; giving a
8 resident the "silent treatment"; and enforced social
9 isolation are examples of emotional or psychological abuse.
10 Signs and symptoms of emotional or psychological abuse
11 include but are not limited to: being emotionally upset or
12 agitated; being extremely withdrawn and noncommunicative or
13 nonresponsive; unusual behavior usually attributed to
14 dementia (for example, sucking, biting, or rocking); and a
15 resident's report of being verbally or emotionally
16 mistreated.
17 k. "Abandonment" means the desertion of a resident by an
18 individual who has assumed responsibility for providing care
19 for a resident, or by a person with physical custody of a
20 resident.
21 Signs and symptoms of abandonment include but are not
22 limited to: the desertion of a resident at a hospital or
23 other similar institution; the desertion of a resident at a
24 shopping center or other public location; and a resident's
25 own report of being abandoned.
26 l. "Financial exploitation" or "material exploitation"
27 means the illegal or improper use of a resident's funds,
28 property, or assets. Examples include but are not limited to
29 cashing a resident's checks without authorization or
30 permission; forging a resident's signature; misusing or
31 stealing a resident's money or possessions; coercing or
32 deceiving a resident into signing any document (for example,
33 a contract or a will); and the improper use of
34 conservatorship, guardianship, or power of attorney.
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1 Signs and symptoms of financial or material exploitation
2 include but are not limited to: sudden changes in bank
3 account or banking practice, including an unexplained
4 withdrawal of large sums of money by a person accompanying
5 the resident; the inclusion of additional names on a
6 resident's bank signature card; unauthorized withdrawal of
7 the resident's funds using the resident's ATM card; abrupt
8 changes in a will or other financial documents; unexplained
9 disappearance of funds or valuable possessions; substandard
10 care being provided for bills unpaid despite the
11 availability of adequate financial resources; discovery of a
12 resident's signature being forged for financial transactions
13 and for the titles of his or her possessions; sudden
14 appearance of previously uninvolved relatives claiming their
15 rights to a resident's affairs and possessions; unexplained
16 sudden transfer of assets to a family member or someone
17 outside the family; the provision of services that are not
18 necessary; and a resident's report of financial exploitation.
19 m. "Self-neglect" means the behavior of a resident that
20 threatens his or her own health or safety. Self-neglect
21 generally manifests itself in a resident as a refusal or
22 failure to provide himself or herself with adequate food,
23 water, clothing, shelter, personal hygiene, medication (when
24 indicated), and safety precautions. The definition of
25 self-neglect excludes a situation in which a mentally
26 competent resident, who understands the consequences of his
27 or her decisions, makes a conscious and voluntary decision to
28 engage in acts that threaten his or her health or safety as a
29 matter of personal choice.
30 Signs and symptoms of self-neglect include but are not
31 limited to: dehydration, malnutrition, untreated or
32 improperly attended medical conditions, and poor personal
33 hygiene; hazardous or unsafe living conditions or
34 arrangements; unsanitary or unclean living quarters (for
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1 example, animal or insect infestation, no functioning toilet,
2 or fecal or urine smell); inappropriate or inadequate
3 clothing; and lack of the necessary medical aids (for
4 example, eyeglasses, hearing aids, or dentures).
5 (Source: P.A. 89-507, eff. 7-1-97.)
6 Section 10. The Elder Abuse and Neglect Act is amended
7 by changing Section 2 as follows:
8 (320 ILCS 20/2) (from Ch. 23, par. 6602)
9 Sec. 2. Definitions. As used in this Act, unless the
10 context requires otherwise:
11 (a) "Abuse" means physical abuse, sexual abuse, and
12 emotional or psychological abuse causing any physical, mental
13 or sexual injury to an eligible adult, including exploitation
14 of such adult's financial resources.
15 Nothing in this Act shall be construed to mean that an
16 eligible adult is a victim of abuse or neglect for the sole
17 reason that he or she is being furnished with or relies upon
18 treatment by spiritual means through prayer alone, in
19 accordance with the tenets and practices of a recognized
20 church or religious denomination.
21 Nothing in this Act shall be construed to mean that an
22 eligible adult is a victim of abuse because of health care
23 services provided or not provided by licensed health care
24 professionals.
25 (a-5) "Abuser" means a person who abuses, neglects, or
26 financially exploits an eligible adult.
27 (a-7) "Caregiver" means a person who either as a result
28 of a family relationship, voluntarily, or in exchange for
29 compensation has assumed responsibility for all or a portion
30 of the care of an eligible adult who needs assistance with
31 activities of daily living.
32 (b) "Department" means the Department on Aging of the
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1 State of Illinois.
2 (c) "Director" means the Director of the Department.
3 (d) "Domestic living situation" means a residence where
4 the eligible adult lives alone or with his or her family or a
5 caregiver, or others, or a board and care home or other
6 community-based unlicensed facility, but is not:
7 (1) A licensed facility as defined in Section 1-113
8 of the Nursing Home Care Act;
9 (2) A "life care facility" as defined in the Life
10 Care Facilities Act;
11 (3) A home, institution, or other place operated by
12 the federal government or agency thereof or by the State
13 of Illinois;
14 (4) A hospital, sanitarium, or other institution,
15 the principal activity or business of which is the
16 diagnosis, care, and treatment of human illness through
17 the maintenance and operation of organized facilities
18 therefor, which is required to be licensed under the
19 Hospital Licensing Act;
20 (5) A "community living facility" as defined in the
21 Community Living Facilities Licensing Act;
22 (6) A "community residential alternative" as
23 defined in the Community Residential Alternatives
24 Licensing Act; and
25 (7) A "community-integrated living arrangement" as
26 defined in the Community-Integrated Living Arrangements
27 Licensure and Certification Act.
28 (e) "Eligible adult" means a person 60 years of age or
29 older who resides in a domestic living situation and is, or
30 is alleged to be, abused, neglected, or financially exploited
31 by another individual.
32 (f) "Emergency" means a situation in which an eligible
33 adult is living in conditions presenting a risk of death or
34 physical, mental or sexual injury and the provider agency has
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1 reason to believe the eligible adult is unable to consent to
2 services which would alleviate that risk.
3 (f-5) "Mandated reporter" means any of the following
4 persons while engaged in carrying out their professional
5 duties:
6 (1) a professional or professional's delegate while
7 engaged in: (i) social services, (ii) law enforcement,
8 (iii) education, (iv) the care of an eligible adult or
9 eligible adults, or (v) any of the occupations required
10 to be licensed under the Clinical Psychologist Licensing
11 Act, the Clinical Social Work and Social Work Practice
12 Act, the Illinois Dental Practice Act, the Dietetic and
13 Nutrition Services Practice Act, the Marriage and Family
14 Therapy Licensing Act, the Medical Practice Act of 1987,
15 the Naprapathic Practice Act, the Illinois Nursing and
16 Advanced Practice Nursing Act of 1987, the Nursing Home
17 Administrators Licensing and Disciplinary Act, the
18 Illinois Occupational Therapy Practice Act, the Illinois
19 Optometric Practice Act of 1987, the Pharmacy Practice
20 Act of 1987, the Illinois Physical Therapy Act, the
21 Physician Assistant Practice Act of 1987, the Podiatric
22 Medical Practice Act of 1987, the Professional Counselor
23 and Clinical Professional Counselor Licensing Act, the
24 Illinois Speech-Language Pathology and Audiology Practice
25 Act, the Veterinary Medicine and Surgery Practice Act of
26 1994, and the Illinois Public Accounting Act;
27 (2) an employee of a vocational rehabilitation
28 facility prescribed or supervised by the Department of
29 Human Services;
30 (3) an administrator, employee, or person providing
31 services in or through an unlicensed community based
32 facility;
33 (4) a Christian Science Practitioner;
34 (5) field personnel of the Department of Public
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1 Aid, Department of Public Health, and Department of Human
2 Services, and any county or municipal health department;
3 (6) personnel of the Department of Human Services,
4 the Guardianship and Advocacy Commission, the State Fire
5 Marshal, local fire departments, the Department on Aging
6 and its subsidiary Area Agencies on Aging and provider
7 agencies, and the Office of State Long Term Care
8 Ombudsman;
9 (7) any employee of the State of Illinois not
10 otherwise specified herein who is involved in providing
11 services to eligible adults, including professionals
12 providing medical or rehabilitation services and all
13 other persons having direct contact with eligible adults;
14 or
15 (9) a person who performs the duties of a coroner
16 or medical examiner.
17 (g) "Neglect" means the refusal or failure to fulfill
18 any part of a person's obligations or duties to an eligible
19 adult. Neglect may also include failure of a person who has
20 fiduciary responsibilities to provide care for an eligible
21 adult (for example, pay for necessary home care service) or
22 the failure on the part of an in-home service provider to
23 provide necessary care. Neglect typically means the refusal
24 or failure to provide an eligible adult with such life
25 necessities as food, water, clothing, shelter, personal
26 hygiene, medicine, comfort, personal safety, and other
27 essentials included in an implied or agreed-upon
28 responsibility to an eligible adult.
29 Signs and symptoms of neglect include but are not limited
30 to: dehydration, malnutrition, untreated bed sores, and poor
31 personal hygiene; unattended or untreated health
32 problems; hazardous or unsafe living condition or
33 arrangements (for example, improper wiring, no heat, or no
34 running water); unsanitary and unclean living conditions
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1 (for example, dirt, fleas, lice on the person, soiled
2 bedding, fecal or urine smell, or inadequate clothing); and
3 an eligible adult's report of being mistreated.
4 "Neglect" also means abandonment, financial or material
5 exploitation, and self-neglect. another individual's failure
6 to provide an eligible adult with or willful withholding from
7 an eligible adult the necessities of life including, but not
8 limited to, food, clothing, shelter or medical care. This
9 subsection does not create any new affirmative duty to
10 provide support to eligible adults. Nothing in this Act
11 shall be construed to mean that an eligible adult is a victim
12 of neglect because of health care services provided or not
13 provided by licensed health care professionals.
14 (h) "Provider agency" means any public or nonprofit
15 agency in a planning and service area appointed by the
16 regional administrative agency with prior approval by the
17 Department on Aging to receive and assess reports of alleged
18 or suspected abuse, neglect, or financial exploitation.
19 (i) "Regional administrative agency" means any public or
20 nonprofit agency in a planning and service area so designated
21 by the Department, provided that the designated Area Agency
22 on Aging shall be designated the regional administrative
23 agency if it so requests. The Department shall assume the
24 functions of the regional administrative agency for any
25 planning and service area where another agency is not so
26 designated.
27 (j) "Substantiated case" means a reported case of
28 alleged or suspected abuse, neglect, or financial
29 exploitation in which a provider agency, after assessment,
30 determines that there is reason to believe abuse, neglect, or
31 financial exploitation has occurred.
32 (k) "Physical abuse" means the use of physical force
33 that may result in bodily injury, physical pain, or
34 impairment. Physical abuse may include but is not limited to
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1 such acts of violence as striking (with or without an
2 object), hitting, beating, pushing, shoving, shaking,
3 slapping, kicking, pinching, and burning. In addition, the
4 inappropriate use of drugs and physical restraints,
5 force-feeding, and physical punishment of any kind also are
6 examples of physical abuse.
7 Signs and symptoms of physical abuse include but are not
8 limited to: bruises, black eyes, welts, lacerations, and
9 rope marks; bone fractures, broken bones, and skull
10 fractures; open wounds, cuts, punctures, and untreated
11 injuries in various stages of healing; sprains,
12 dislocations, and internal injuries or bleeding; broken
13 eyeglasses or frames, physical signs of being subjected to
14 punishment, and signs of being restrained; laboratory
15 findings of medication overdose or under-utilization of
16 prescribed drugs; an eligible adult's sudden change in
17 behavior; and the caregiver's refusal to allow visitors to
18 see an eligible adult alone.
19 (1) "Sexual abuse" means nonconsensual sexual contact of
20 any kind with an eligible adult. Sexual contact with any
21 person incapable of giving consent is also considered sexual
22 abuse. It includes but is not limited to unwanted touching
23 and all types of sexual assault or battery, such as rape,
24 sodomy, coerced nudity, and sexually explicit photographing.
25 Signs and symptoms of sexual abuse include but are not
26 limited to: bruises around the breasts or genital area;
27 unexplained venereal disease or genital infections;
28 unexplained vaginal or anal bleeding; torn, stained, or
29 bloody underclothing; and an eligible adult's report of
30 being sexually assaulted or raped.
31 (m) "Emotional abuse" or "psychological abuse" means the
32 infliction of anguish, pain, or distress through verbal or
33 nonverbal acts. Emotional or psychological abuse includes
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1 but is not limited to verbal assaults, insults, threats,
2 intimidation, humiliation, and harassment. In addition,
3 treating an eligible adult like an infant; isolating an
4 eligible adult from his or her family, friends, or regular
5 activities; giving an eligible adult the "silent treatment";
6 and enforced social isolation are examples of emotional or
7 psychological abuse.
8 Signs and symptoms of emotional or psychological abuse
9 include but are not limited to: being emotionally upset or
10 agitated; being extremely withdrawn and noncommunicative or
11 nonresponsive; unusual behavior usually attributed to
12 dementia (for example, sucking, biting, or rocking); and an
13 eligible adult's report of being verbally or emotionally
14 mistreated.
15 (n) "Abandonment" means the desertion of an eligible
16 adult by an individual who has assumed responsibility for
17 providing care for an eligible adult, or by a person with
18 physical custody of an eligible adult.
19 Signs and symptoms of abandoment include but are not
20 limited to: the desertion of an eligible adult at a
21 hospital, a nursing facility, or other similar institution;
22 the desertion of an eligible adult at a shopping center or
23 other public location; and an eligible adult's own report of
24 being abandoned.
25 (o) "Financial exploitation" or "material exploitation"
26 means the illegal or improper use of an eligible adult's
27 funds, property, or assets. Examples include but are not
28 limited to cashing an eligible adult's checks without
29 authorization or permission; forging an eligible adult's
30 signature; misusing or stealing an eligible adult's money or
31 possessions; coercing or deceiving an eligible adult into
32 signing any document (for example, a contract or a will);
33 and the improper use of conservatorship, guardianship, or
34 power of attorney.
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1 Signs and symptoms of financial or material exploitation
2 include but are not limited to: sudden changes in bank
3 account or banking practice, including an unexplained
4 withdrawal of large sums of money by a person accompanying
5 the eligible adult's bank signature card; unauthorized
6 withdrawal of the eligible adult's funds using the eligible
7 adult's ATM card; abrupt changes in a will or other
8 financial documents; unexplained disappearance of funds or
9 valuable possessions; substandard care being provided for
10 bills unpaid despite the availability of adequate financial
11 resources; discovery of an eligible adult's signature being
12 forged for financial transactions and for the titles of his
13 or her possessions; sudden appearance of previously
14 uninvolved relatives claiming their rights to an eligible
15 adult's affairs and possessions; unexplained sudden transfer
16 of assets to a family member or someone outside the family;
17 the provision of services that are not necessary; and an
18 eligible adult's report of financial exploitation.
19 (p) "Self-neglect" means the behavior of an elderly
20 person that threatens his or her own health or safety.
21 Self-neglect generally manifests itself in an eligible adult
22 as a refusal or failure to provide himself or herself with
23 adequate food, water, clothing, shelter, personal hygiene,
24 medication (when indicated), and safety precautions. The
25 definition of self-neglect excludes a situation in which a
26 mentally competent eligible adult, who understands the
27 consequences of his or her decisions, makes a conscious and
28 voluntary decision to engage in acts that threaten his or her
29 health or safety as a matter of personal choice.
30 Signs and symptoms of self-neglect include but are not
31 limited to: dehydration, malnutrition, untreated or
32 improperly attended medical conditions, and poor personal
33 hygiene; hazardous or unsafe living conditions or
34 arrangements (for example, improper wiring, no indoor
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1 plumbing, no heat, or no running water); unsanitary or
2 unclean living quarters (for example, animal or insect
3 infestation, no functioning toilet, or fecal or urine smell);
4 inappropriate or inadequate clothing or lack of the necessary
5 medical aids (for example, eyeglasses, hearing aids, or
6 dentures); and grossly inadequate housing or homelessness.
7 (Source: P.A. 90-628, eff. 1-1-99; revised 9-24-98.)