[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ House Amendment 002 ] |
| [ House Amendment 003 ] | [ Senate Amendment 001 ] |
91_HB4396ham001
LRB9110552ACtmam01
1 AMENDMENT TO HOUSE BILL 4396
2 AMENDMENT NO. ____. Amend House Bill 4396 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Mental Health and Developmental
5 Disabilities Administrative Act is amended by adding Section
6 7.3 as follows:
7 (20 ILCS 1705/7.3 new)
8 Section 7.3. Nurse aide registry; finding of abuse or
9 neglect. The Department shall be empowered to require that no
10 facility, service agency, or support agency providing mental
11 health or developmental disability services that is licensed,
12 certified, operated, or funded by the Department shall employ
13 a person, in any capacity, who is identified by the nurse
14 aide registry as having been previously terminated by a
15 facility, service agency, or support agency licensed,
16 certified, operated, or funded by the Department pursuant to
17 a substantiated finding of abuse or neglect of a service
18 recipient, or who has previously resigned from a facility,
19 service agency, or support agency subsequent to an incident
20 that later resulted in a substantiated finding of abuse or
21 neglect of a service recipient by that individual. The
22 Department may establish and maintain such rules as are
-2- LRB9110552ACtmam01
1 necessary or appropriate to effectuate the intent of this
2 Section. The provisions of this Section shall not apply to
3 any facility, service agency, or support agency licensed or
4 certified by a State agency other than the Department, unless
5 operated by the Department of Human Services.
6 Section 10. The Abused and Neglected Long Term Care
7 Facility Residents Reporting Act is amended by changing
8 Section 6.2 as follows:
9 (210 ILCS 30/6.2) (from Ch. 111 1/2, par. 4166.2)
10 (Section scheduled to be repealed on January 1, 2002)
11 Sec. 6.2. Inspector General.
12 (a) The Governor shall appoint, and the Senate shall
13 confirm, an Inspector General who shall function within the
14 Department of Human Services and report to the Secretary of
15 Human Services and the Governor. The Inspector General shall
16 investigate reports of suspected abuse or neglect (as those
17 terms are defined in Section 3 of this Act) of patients or
18 residents in any mental health or developmental disabilities
19 facility operated by the Department of Human Services and
20 shall have authority to investigate and take immediate action
21 on reports of abuse or neglect of recipients, whether
22 patients or residents, in any mental health or developmental
23 disabilities facility or program that is licensed or
24 certified by the Department of Human Services (as successor
25 to the Department of Mental Health and Developmental
26 Disabilities) or that is funded by the Department of Human
27 Services (as successor to the Department of Mental Health and
28 Developmental Disabilities) and is not licensed or certified
29 by any agency of the State. At the specific, written request
30 of an agency of the State other than the Department of Human
31 Services (as successor to the Department of Mental Health and
32 Developmental Disabilities), the Inspector General may
-3- LRB9110552ACtmam01
1 cooperate in investigating reports of abuse and neglect of
2 persons with mental illness or persons with developmental
3 disabilities. The Inspector General shall have no
4 supervision over or involvement in routine, programmatic,
5 licensure, or certification operations of the Department of
6 Human Services or any of its funded agencies.
7 The Inspector General shall promulgate rules establishing
8 minimum requirements for reporting allegations of abuse and
9 neglect and initiating, conducting, and completing
10 investigations. The promulgated rules shall clearly set
11 forth that in instances where 2 or more State agencies could
12 investigate an allegation of abuse or neglect, the Inspector
13 General shall not conduct an investigation that is redundant
14 to an investigation conducted by another State agency. The
15 rules shall establish criteria for determining, based upon
16 the nature of the allegation, the appropriate method of
17 investigation, which may include, but need not be limited to,
18 site visits, telephone contacts, or requests for written
19 responses from agencies. The rules shall also clarify how
20 the Office of the Inspector General shall interact with the
21 licensing unit of the Department of Human Services in
22 investigations of allegations of abuse or neglect. Any
23 allegations or investigations of reports made pursuant to
24 this Act shall remain confidential until a final report is
25 completed. The resident or patient who allegedly was abused
26 or neglected and his or her legal guardian shall be informed
27 by the facility or agency of the report of alleged abuse or
28 neglect. Final reports regarding unsubstantiated or unfounded
29 allegations shall remain confidential, except that final
30 reports may be disclosed pursuant to Section 6 of this Act.
31 The Inspector General shall be appointed for a term of 4
32 years.
33 (b) The Inspector General shall within 24 hours after
34 receiving a report of suspected abuse or neglect determine
-4- LRB9110552ACtmam01
1 whether the evidence indicates that any possible criminal act
2 has been committed. If he determines that a possible criminal
3 act has been committed, or that special expertise is required
4 in the investigation, he shall immediately notify the
5 Department of State Police. The Department of State Police
6 shall investigate any report indicating a possible murder,
7 rape, or other felony. All investigations conducted by the
8 Inspector General shall be conducted in a manner designed to
9 ensure the preservation of evidence for possible use in a
10 criminal prosecution.
11 (b-5) The Inspector General shall make a determination
12 to accept or reject a preliminary report of the investigation
13 of alleged abuse or neglect based on established
14 investigative procedures. The facility or agency may request
15 clarification or reconsideration based on additional
16 information. For cases where the allegation of abuse or
17 neglect is substantiated, the Inspector General shall require
18 the facility or agency to submit a written response. The
19 written response from a facility or agency shall address in a
20 concise and reasoned manner the actions that the agency or
21 facility will take or has taken to protect the resident or
22 patient from abuse or neglect, prevent reoccurrences, and
23 eliminate problems identified and shall include
24 implementation and completion dates for all such action.
25 (c) The Inspector General shall, within 10 calendar days
26 after the transmittal date of a completed investigation where
27 abuse or neglect is substantiated or administrative action is
28 recommended, provide a complete report on the case to the
29 Secretary of Human Services and to the agency in which the
30 abuse or neglect is alleged to have happened. The complete
31 report shall include a written response from the agency or
32 facility operated by the State to the Inspector General that
33 addresses in a concise and reasoned manner the actions that
34 the agency or facility will take or has taken to protect the
-5- LRB9110552ACtmam01
1 resident or patient from abuse or neglect, prevent
2 reoccurrences, and eliminate problems identified and shall
3 include implementation and completion dates for all such
4 action. The Secretary of Human Services shall accept or
5 reject the response and establish how the Department will
6 determine whether the facility or program followed the
7 approved response. The Secretary may require Department
8 personnel to visit the facility or agency for training,
9 technical assistance, programmatic, licensure, or
10 certification purposes. Administrative action, including
11 sanctions, may be applied should the Secretary reject the
12 response or should the facility or agency fail to follow the
13 approved response. The facility or agency shall inform the
14 resident or patient and the legal guardian whether the
15 reported allegation was substantiated, unsubstantiated, or
16 unfounded. There shall be an appeals process for any person
17 or agency that is subject to any action based on a
18 recommendation or recommendations.
19 (d) The Inspector General may recommend to the
20 Departments of Public Health and Human Services sanctions to
21 be imposed against mental health and developmental
22 disabilities facilities under the jurisdiction of the
23 Department of Human Services for the protection of residents,
24 including appointment of on-site monitors or receivers,
25 transfer or relocation of residents, and closure of units.
26 The Inspector General may seek the assistance of the Attorney
27 General or any of the several State's attorneys in imposing
28 such sanctions.
29 (e) The Inspector General shall establish and conduct
30 periodic training programs for Department employees
31 concerning the prevention and reporting of neglect and abuse.
32 (f) The Inspector General shall at all times be granted
33 access to any mental health or developmental disabilities
34 facility operated by the Department, shall establish and
-6- LRB9110552ACtmam01
1 conduct unannounced site visits to those facilities at least
2 once annually, and shall be granted access, for the purpose
3 of investigating a report of abuse or neglect, to any
4 facility or program funded by the Department that is subject
5 under the provisions of this Section to investigation by the
6 Inspector General for a report of abuse or neglect.
7 (g) Nothing in this Section shall limit investigations
8 by the Department of Human Services that may otherwise be
9 required by law or that may be necessary in that Department's
10 capacity as the central administrative authority responsible
11 for the operation of State mental health and developmental
12 disability facilities.
13 (g-5) After notice and an opportunity for a hearing, the
14 Inspector General shall report to the Department of Public
15 Health's nurse aide registry under Section 3-206.01 of the
16 Nursing Home Care Act the identity of individuals who have
17 been previously terminated by a facility, service agency, or
18 support agency licensed, certified, operated, or funded by
19 the Department of Human Services, except by a facility,
20 service agency, or support agency licensed or certified by a
21 State agency other than the Department of Human Services,
22 unless operated by the Department of Human Services, pursuant
23 to a substantiated finding of abuse or neglect of a service
24 recipient, or who have previously resigned from such
25 facility, service agency, or support agency subsequent to an
26 incident that later resulted in a substantiated finding of
27 abuse or neglect of a service recipient by that individual.
28 Notice to the individual shall include a clear and
29 concise statement of the grounds on which the report to the
30 registry is based and notice of the opportunity for a hearing
31 to contest the report. The Department of Human Services
32 shall provide the notice by certified mail. The notice shall
33 give the individual an opportunity to contest the report in a
34 hearing before the Department of Human Services or to submit
-7- LRB9110552ACtmam01
1 a written response to the findings instead of requesting a
2 hearing. If after notice and a hearing or if the individual
3 does not request a hearing, the Department of Human Services
4 finds that the report is valid, the finding shall be included
5 as part of the registry, as well as a brief statement from
6 the reported individual if he or she chooses to make a
7 statement. The Department of Public Health shall make
8 available to the public information reported to the registry.
9 In the case of inquiries concerning an individual listed in
10 the registry, any information disclosed concerning a finding
11 of abuse or neglect shall also include disclosure of the
12 individual's brief statement in the registry relating to the
13 reported finding or include a clear and accurate summary of
14 the statement.
15 The report to the registry shall include the individual's
16 name, his or her current address, Social Security number, and
17 the finding of abuse or neglect. An individual placed on the
18 registry is required to inform the Department of Public
19 Health of any change of address within 30 days.
20 At any time after the report to the registry, an
21 individual may petition the Department of Human Services for
22 removal from the registry of the finding against him or her.
23 The Department of Human Services may report the removal of
24 the finding to the registry unless, after an investigation
25 and a hearing, the Department of Human Services determines
26 that removal is not in the public interest.
27 (h) This Section is repealed on January 1, 2002.
28 (Source: P.A. 90-252, eff. 7-29-97; 90-512, eff. 8-22-97;
29 90-655, eff. 7-30-98; 91-169, eff. 7-16-99.)
30 Section 10. The Nursing Home Care Act is amended by
31 changing Section 3-206.01 as follows:
32 (210 ILCS 45/3-206.01) (from Ch. 111 1/2, par.
-8- LRB9110552ACtmam01
1 4153-206.01)
2 Sec. 3-206.01. Nurse aide registry.
3 (a) The Department shall establish and maintain a
4 registry of all individuals who have satisfactorily completed
5 the training required by Section 3-206. The registry shall
6 include the name of the nursing assistant, habilitation aide,
7 or child care aide, his or her current address, Social
8 Security number, and the date and location of the training
9 course completed by the individual, and the date of the
10 individual's last criminal records check. Any individual
11 placed on the registry is required to inform the Department
12 of any change of address within 30 days. A facility shall not
13 employ an individual as a nursing assistant, habilitation
14 aide, or child care aide unless the facility has inquired of
15 the Department as to information in the registry concerning
16 the individual and shall not employ anyone not on the
17 registry unless the individual is enrolled in a training
18 program under paragraph (5) of subsection (a) of Section
19 3-206 of this Act.
20 If the Department finds that a nursing assistant,
21 habilitation aide, or child care aide has abused a resident,
22 neglected a resident, or misappropriated resident property in
23 a facility, the Department shall notify the individual of
24 this finding by certified mail sent to the address contained
25 in the registry. The notice shall give the individual an
26 opportunity to contest the finding in a hearing before the
27 Department or to submit a written response to the findings in
28 lieu of requesting a hearing. If, after a hearing or if the
29 individual does not request a hearing, the Department finds
30 that the individual abused a resident, neglected a resident,
31 or misappropriated resident property in a facility, the
32 finding shall be included as part of the registry as well as
33 a brief statement from the individual, if he or she chooses
34 to make such a statement. The Department shall make
-9- LRB9110552ACtmam01
1 information in the registry available to the public. In the
2 case of inquiries to the registry concerning an individual
3 listed in the registry, any information disclosed concerning
4 such a finding shall also include disclosure of any statement
5 in the registry relating to the finding or a clear and
6 accurate summary of the statement.
7 (b) The Department shall add to or remove from the nurse
8 aide registry records of findings as reported by the
9 Inspector General under Section 6.2 of the Abused and
10 Neglected Long Term Care Facility Residents Reporting Act.
11 (Source: P.A. 91-598, eff. 1-1-00.)
12 Section 99. Effective date. This Act takes effect upon
13 becoming law.".