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| [ Engrossed ] | [ House Amendment 001 ] |
91_HB2831
LRB9105180SMdv
1 AN ACT to amend the Elder Abuse and Neglect Act by
2 changing Section 2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Elder Abuse and Neglect Act is amended by
6 changing Section 2 as follows:
7 (320 ILCS 20/2) (from Ch. 23, par. 6602)
8 Sec. 2. Definitions. As used in this Act, unless the
9 context requires otherwise:
10 (a) "Abuse" means causing any physical, mental or sexual
11 injury to an eligible adult, including exploitation of such
12 adult's financial resources.
13 Nothing in this Act shall be construed to mean that an
14 eligible adult is a victim of abuse or neglect for the sole
15 reason that he or she is being furnished with or relies upon
16 treatment by spiritual means through prayer alone, in
17 accordance with the tenets and practices of a recognized
18 church or religious denomination.
19 Nothing in this Act shall be construed to mean that an
20 eligible adult is a victim of abuse because of health care
21 services provided or not provided by licensed health care
22 professionals.
23 (a-5) "Abuser" means a person who abuses, neglects, or
24 financially exploits an eligible adult.
25 (a-7) "Caregiver" means a person who either as a result
26 of a family relationship, voluntarily, or in exchange for
27 compensation has assumed responsibility for all or a portion
28 of the care of an eligible adult who needs assistance with
29 activities of daily living.
30 (b) "Department" means the Department on Aging of the
31 State of Illinois.
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1 (c) "Director" means the Director of the Department.
2 (d) "Domestic living situation" means a residence where
3 the eligible adult lives alone or with his or her family or a
4 caregiver, or others, or a board and care home or other
5 community-based unlicensed facility, but is not:
6 (1) A licensed facility as defined in Section 1-113
7 of the Nursing Home Care Act;
8 (2) A "life care facility" as defined in the Life
9 Care Facilities Act;
10 (3) A home, institution, or other place operated by
11 the federal government or agency thereof or by the State
12 of Illinois;
13 (4) A hospital, sanitarium, or other institution,
14 the principal activity or business of which is the
15 diagnosis, care, and treatment of human illness through
16 the maintenance and operation of organized facilities
17 therefor, which is required to be licensed under the
18 Hospital Licensing Act;
19 (5) A "community living facility" as defined in the
20 Community Living Facilities Licensing Act;
21 (6) A "community residential alternative" as
22 defined in the Community Residential Alternatives
23 Licensing Act; and
24 (7) A "community-integrated living arrangement" as
25 defined in the Community-Integrated Living Arrangements
26 Licensure and Certification Act.
27 (e) "Eligible adult" means a person 60 years of age or
28 older who resides in a domestic living situation and is, or
29 is alleged to be, abused, neglected, or financially exploited
30 by another individual.
31 (f) "Emergency" means a situation in which an eligible
32 adult is living in conditions presenting a risk of death or
33 physical, mental or sexual injury and the provider agency has
34 reason to believe the eligible adult is unable to consent to
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1 services which would alleviate that risk.
2 (f-3) "Exploitation of an eligible adult's financial
3 resources" includes, but is not limited to, exploitation
4 caused by or resulting from the provision of financial
5 advice, planning or consultation, tax assistance, or other
6 financial services.
7 (f-5) "Mandated reporter" means any of the following
8 persons while engaged in carrying out their professional
9 duties:
10 (1) a professional or professional's delegate while
11 engaged in: (i) social services, (ii) law enforcement,
12 (iii) education, (iv) the care of an eligible adult or
13 eligible adults, or (v) any of the occupations required
14 to be licensed under the Clinical Psychologist Licensing
15 Act, the Clinical Social Work and Social Work Practice
16 Act, the Illinois Dental Practice Act, the Dietetic and
17 Nutrition Services Practice Act, the Marriage and Family
18 Therapy Licensing Act, the Medical Practice Act of 1987,
19 the Naprapathic Practice Act, the Illinois Nursing and
20 Advanced Practice Nursing Act of 1987, the Nursing Home
21 Administrators Licensing and Disciplinary Act, the
22 Illinois Occupational Therapy Practice Act, the Illinois
23 Optometric Practice Act of 1987, the Pharmacy Practice
24 Act of 1987, the Illinois Physical Therapy Act, the
25 Physician Assistant Practice Act of 1987, the Podiatric
26 Medical Practice Act of 1987, the Professional Counselor
27 and Clinical Professional Counselor Licensing Act, the
28 Illinois Speech-Language Pathology and Audiology Practice
29 Act, the Veterinary Medicine and Surgery Practice Act of
30 1994, and the Illinois Public Accounting Act;
31 (2) an employee of a vocational rehabilitation
32 facility prescribed or supervised by the Department of
33 Human Services;
34 (3) an administrator, employee, or person providing
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1 services in or through an unlicensed community based
2 facility;
3 (4) a Christian Science Practitioner;
4 (5) field personnel of the Department of Public
5 Aid, Department of Public Health, and Department of Human
6 Services, and any county or municipal health department;
7 (6) personnel of the Department of Human Services,
8 the Guardianship and Advocacy Commission, the State Fire
9 Marshal, local fire departments, the Department on Aging
10 and its subsidiary Area Agencies on Aging and provider
11 agencies, and the Office of State Long Term Care
12 Ombudsman;
13 (7) any employee of the State of Illinois not
14 otherwise specified herein who is involved in providing
15 services to eligible adults, including professionals
16 providing medical or rehabilitation services and all
17 other persons having direct contact with eligible adults;
18 or
19 (9) a person who performs the duties of a coroner
20 or medical examiner.
21 (g) "Neglect" means another individual's failure to
22 provide an eligible adult with or willful withholding from an
23 eligible adult the necessities of life including, but not
24 limited to, food, clothing, shelter or medical care. This
25 subsection does not create any new affirmative duty to
26 provide support to eligible adults. Nothing in this Act
27 shall be construed to mean that an eligible adult is a victim
28 of neglect because of health care services provided or not
29 provided by licensed health care professionals.
30 (h) "Provider agency" means any public or nonprofit
31 agency in a planning and service area appointed by the
32 regional administrative agency with prior approval by the
33 Department on Aging to receive and assess reports of alleged
34 or suspected abuse, neglect, or financial exploitation.
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1 (i) "Regional administrative agency" means any public or
2 nonprofit agency in a planning and service area so designated
3 by the Department, provided that the designated Area Agency
4 on Aging shall be designated the regional administrative
5 agency if it so requests. The Department shall assume the
6 functions of the regional administrative agency for any
7 planning and service area where another agency is not so
8 designated.
9 (j) "Substantiated case" means a reported case of
10 alleged or suspected abuse, neglect, or financial
11 exploitation in which a provider agency, after assessment,
12 determines that there is reason to believe abuse, neglect, or
13 financial exploitation has occurred.
14 (Source: P.A. 90-628, eff. 1-1-99; revised 9-24-98.)