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91_HB4396sam001
LRB9110552ACpkam
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 require that no facility,
10 service agency, or support agency providing mental health or
11 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 shall establish and maintain such rules as are
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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10 (Section scheduled to be repealed on January 1, 2002)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
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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
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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
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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
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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 that
14 is separate and distinct from the Office of the Inspector
15 General's appeals process as implemented under subsection (c)
16 of this Section, the Inspector General shall report to the
17 Department of Public Health's nurse aide registry under
18 Section 3-206.01 of the Nursing Home Care Act the identity of
19 individuals who have been previously terminated by a
20 facility, service agency, or support agency licensed,
21 certified, operated, or funded by the Department of Human
22 Services, except by a facility, service agency, or support
23 agency licensed or certified by a State agency other than the
24 Department of Human Services, unless operated by the
25 Department of Human Services, pursuant to a substantiated
26 finding of abuse or neglect of a service recipient, or who
27 have previously resigned from such facility, service agency,
28 or support agency subsequent to an incident that later
29 resulted in a substantiated finding of abuse or neglect of a
30 service recipient by that individual.
31 Nothing in this subsection shall diminish or impair the
32 rights of a person who is a member of a collective bargaining
33 unit pursuant to the Illinois Public Labor Relations Act or
34 pursuant to any federal labor statute. A person shall not be
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1 considered hereunder as having been previously terminated
2 pursuant to a substantiated finding of abuse or neglect of a
3 service recipient, unless the finding is final after
4 exhaustion of review of the termination under the grievance
5 and arbitration procedure provided for in Section 8 of the
6 Illinois Public Labor Relations Act or under a comparable
7 provision in another labor statute applicable to that person.
8 The Department of Human Services shall promulgate or
9 amend rules as necessary or appropriate to establish
10 procedures for reporting to the registry, including
11 procedures for notice to the individual, appeal and hearing,
12 and petition for removal of the report from the registry. The
13 portion of the rules pertaining to hearings shall provide
14 that, at the hearing, both parties may present written and
15 oral evidence.
16 Notice to the individual shall include a clear and
17 concise statement of the grounds on which the report to the
18 registry is based and notice of the opportunity for a hearing
19 to contest the report. The Department of Human Services shall
20 provide the notice by certified mail. The notice shall give
21 the individual an opportunity to contest the report in a
22 hearing before the Department of Human Services or to submit
23 a written response to the findings instead of requesting a
24 hearing. If after notice and a hearing or if the individual
25 does not request a hearing, the Department of Human Services
26 finds that the report is valid, the finding shall be included
27 as part of the registry, as well as a brief statement from
28 the reported individual if he or she chooses to make a
29 statement. The Department of Public Health shall make
30 available to the public information reported to the registry.
31 In the case of inquiries concerning an individual listed in
32 the registry, any information disclosed concerning a finding
33 of abuse or neglect shall also include disclosure of the
34 individual's brief statement in the registry relating to the
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1 reported finding or include a clear and accurate summary of
2 the statement.
3 At any time after the report to the registry, an
4 individual may petition the Department of Human Services for
5 removal from the registry of the finding against him or her.
6 The Department of Human Services may report the removal of
7 the finding to the registry unless, after an investigation
8 and a hearing, the Department of Human Services determines
9 that removal is not in the public interest.
10 (h) This Section is repealed on January 1, 2002.
11 (Source: P.A. 90-252, eff. 7-29-97; 90-512, eff. 8-22-97;
12 90-655, eff. 7-30-98; 91-169, eff. 7-16-99.)
13 Section 15. The Nursing Home Care Act is amended by
14 changing Section 3-206.1 as follows:
15 (210 ILCS 45/3-206.01) (from Ch. 111 1/2, par.
16 4153-206.01)
17 Sec. 3-206.01. Nurse aide registry.
18 (a) The Department shall establish and maintain a
19 registry of all individuals who have satisfactorily completed
20 the training required by Section 3-206. The registry shall
21 include the name of the nursing assistant, habilitation aide,
22 or child care aide, his or her current address, Social
23 Security number, and the date and location of the training
24 course completed by the individual, and the date of the
25 individual's last criminal records check. Any individual
26 placed on the registry is required to inform the Department
27 of any change of address within 30 days. A facility shall not
28 employ an individual as a nursing assistant, habilitation
29 aide, or child care aide unless the facility has inquired of
30 the Department as to information in the registry concerning
31 the individual and shall not employ anyone not on the
32 registry unless the individual is enrolled in a training
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1 program under paragraph (5) of subsection (a) of Section
2 3-206 of this Act.
3 If the Department finds that a nursing assistant,
4 habilitation aide, or child care aide has abused a resident,
5 neglected a resident, or misappropriated resident property in
6 a facility, the Department shall notify the individual of
7 this finding by certified mail sent to the address contained
8 in the registry. The notice shall give the individual an
9 opportunity to contest the finding in a hearing before the
10 Department or to submit a written response to the findings in
11 lieu of requesting a hearing. If, after a hearing or if the
12 individual does not request a hearing, the Department finds
13 that the individual abused a resident, neglected a resident,
14 or misappropriated resident property in a facility, the
15 finding shall be included as part of the registry as well as
16 a brief statement from the individual, if he or she chooses
17 to make such a statement. The Department shall make
18 information in the registry available to the public. In the
19 case of inquiries to the registry concerning an individual
20 listed in the registry, any information disclosed concerning
21 such a finding shall also include disclosure of any statement
22 in the registry relating to the finding or a clear and
23 accurate summary of the statement.
24 (b) The Department shall add to or remove from the nurse
25 aide registry records of findings as reported by the
26 Inspector General under Section 6.2 of the Abused and
27 Neglected Long Term Care Facility Residents Reporting Act.
28 (Source: P.A. 91-598, eff. 1-1-00.)
29 Section 99. Effective date. This Act takes effect on
30 January 1, 2001.".