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| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
91_SB1064eng SB1064 Engrossed LRB9102334ACtm 1 AN ACT to amend the Abused and Neglected Long Term Care 2 Facility Residents Reporting Act. 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 6.2, 6.3, 6.4, 6.5, 6.6, 6.7, and 6.8 as follows: 8 (210 ILCS 30/6.2) (from Ch. 111 1/2, par. 4166.2) 9 (Section scheduled to be repealed on January 1, 2000) 10 Sec. 6.2. Inspector General. 11 (a) The Governor shall appoint, and the Senate shall 12 confirm, an Inspector General who shall function within the 13 Department of Human Services and report to the Secretary of 14 Human Services and the Governor. The Inspector General shall 15 investigate reports of suspected abuse or neglect (as those 16 terms are defined in Section 3 of this Act) of patients or 17 residents in any mental health or developmental disabilities 18 facility operated by the Department of Human Services and 19 shall have authority to investigate and take immediate action 20 on reports of abuse or neglect of recipients, whether 21 patients or residents, in any mental health or developmental 22 disabilities facility or program that is licensed or 23 certified by the Department of Human Services (as successor 24 to the Department of Mental Health and Developmental 25 Disabilities) or that is funded by the Department of Human 26 Services (as successor to the Department of Mental Health and 27 Developmental Disabilities) and is not licensed or certified 28 by any agency of the State. At the specific, written request 29 of an agency of the State other than the Department of Human 30 Services (as successor to the Department of Mental Health and 31 Developmental Disabilities), the Inspector General may SB1064 Engrossed -2- LRB9102334ACtm 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 SB1064 Engrossed -3- LRB9102334ACtm 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 SB1064 Engrossed -4- LRB9102334ACtm 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 SB1064 Engrossed -5- LRB9102334ACtm 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 (h) This Section is repealed on January 1, 20022000. 14 (Source: P.A. 89-427, eff. 12-7-95; 89-507, eff. 7-1-97; 15 90-252, eff. 7-29-97; 90-512, eff. 8-22-97; 90-655, eff. 16 7-30-98.) 17 (210 ILCS 30/6.3) (from Ch. 111 1/2, par. 4166.3) 18 (Section scheduled to be repealed on January 1, 2000) 19 Sec. 6.3. Quality Care Board. There is created, within 20 the Department of Human Services' Office of the Inspector 21 General, a Quality Care Board to be composed of 7 members 22 appointed by the Governor with the advice and consent of the 23 Senate. One of the members shall be designated as chairman 24 by the Governor. Of the initial appointments made by the 25 Governor, 4 Board members shall each be appointed for a term 26 of 4 years and 3 members shall each be appointed for a term 27 of 2 years. Upon the expiration of each member's term, a 28 successor shall be appointed for a term of 4 years. In the 29 case of a vacancy in the office of any member, the Governor 30 shall appoint a successor for the remainder of the unexpired 31 term. 32 Members appointed by the Governor shall be qualified by 33 professional knowledge or experience in the area of law, SB1064 Engrossed -6- LRB9102334ACtm 1 investigatory techniques, or in the area of care of the 2 mentally ill or developmentally disabled. Two members 3 appointed by the Governor shall be persons with a disability 4 or a parent of a person with a disability. Members shall 5 serve without compensation, but shall be reimbursed for 6 expenses incurred in connection with the performance of their 7 duties as members. 8 The Board shall meet quarterly, and may hold other 9 meetings on the call of the chairman. Four members shall 10 constitute a quorum. The Board may adopt rules and 11 regulations it deems necessary to govern its own procedures. 12 This Section is repealed on January 1, 20022000. 13 (Source: P.A. 89-427, eff. 12-7-95; 89-507, eff. 7-1-97.) 14 (210 ILCS 30/6.4) (from Ch. 111 1/2, par. 4166.4) 15 (This Section is scheduled to be repealed January 1, 16 2000.) 17 Sec. 6.4. Scope and function of the Quality Care Board. 18 The Board shall monitor and oversee the operations, policies, 19 and procedures of the Inspector General to assure the prompt 20 and thorough investigation of allegations of neglect and 21 abuse. In fulfilling these responsibilities, the Board may 22 do the following: 23 (1) Provide independent, expert consultation to the 24 Inspector General on policies and protocols for 25 investigations of alleged neglect and abuse. 26 (2) Review existing regulations relating to the 27 operation of facilities under the control of the 28 Department. 29 (3) Advise the Inspector General as to the content 30 of training activities authorized under Section 6.2. 31 (4) Recommend policies concerning methods for 32 improving the intergovernmental relationships between the 33 office of the Inspector General and other State or SB1064 Engrossed -7- LRB9102334ACtm 1 federal agencies. 2 This Section is repealed on January 1, 20022000. 3 (Source: P.A. 89-427, eff. 12-7-95.) 4 (210 ILCS 30/6.5) (from Ch. 111 1/2, par. 4166.5) 5 (Section scheduled to be repealed on January 1, 2000) 6 Sec. 6.5. Investigators. Within 60 days after the 7 effective date of this amendatory Act of 1992, the Inspector 8 General shall establish a comprehensive program to ensure 9 that every person employed or newly hired to conduct 10 investigations shall receive training on an on-going basis 11 concerning investigative techniques, communication skills, 12 and the appropriate means of contact with persons admitted or 13 committed to the mental health or developmental disabilities 14 facilities under the jurisdiction of the Department of Human 15 Services. 16 This Section is repealed on January 1, 20022000. 17 (Source: P.A. 89-427, eff. 12-7-95; 89-507, eff. 7-1-97.) 18 (210 ILCS 30/6.6) (from Ch. 111 1/2, par. 4166.6) 19 (This Section is scheduled to be repealed January 1, 20 2000.) 21 Sec. 6.6. Subpoenas; testimony; penalty. The Inspector 22 General shall have the power to subpoena witnesses and compel 23 the production of books and papers pertinent to an 24 investigation authorized by this Act, provided that the power 25 to subpoena or to compel the production of books and papers 26 shall not extend to the person or documents of a labor 27 organization or its representatives insofar as the person or 28 documents of a labor organization relate to the function of 29 representing an employee subject to investigation under this 30 Act. Mental health records of patients shall be confidential 31 as provided under the Mental Health and Developmental 32 Disabilities Confidentiality Act. Any person who fails to SB1064 Engrossed -8- LRB9102334ACtm 1 appear in response to a subpoena or to answer any question or 2 produce any books or papers pertinent to an investigation 3 under this Act, except as otherwise provided in this Section, 4 or who knowingly gives false testimony in relation to an 5 investigation under this Act is guilty of a Class A 6 misdemeanor. 7 This Section is repealed on January 1, 20022000. 8 (Source: P.A. 89-427, eff. 12-7-95.) 9 (210 ILCS 30/6.7) (from Ch. 111 1/2, par. 4166.7) 10 (This Section is scheduled to be repealed July 1, 2000.) 11 Sec. 6.7. Annual report. The Inspector General shall 12 provide to the General Assembly and the Governor, no later 13 than January 1 of each year, a summary of reports and 14 investigations made under this Act for the prior fiscal year 15 with respect to residents of institutions under the 16 jurisdiction of the Department. The report shall detail the 17 imposition of sanctions and the final disposition of those 18 recommendations. The summaries shall not contain any 19 confidential or identifying information concerning the 20 subjects of the reports and investigations. The report shall 21 also include a trend analysis of the number of reported 22 allegations and their disposition, for each facility and 23 Department-wide, for the most recent 3-year time period and a 24 statement, for each facility, of the staffing-to-patient 25 ratios. The ratios shall include only the number of direct 26 care staff. The report shall also include detailed 27 recommended administrative actions and matters for 28 consideration by the General Assembly. 29 This Section is repealed on January 1, 2002July 1, 2000. 30 (Source: P.A. 89-427, eff. 12-7-95.) 31 (210 ILCS 30/6.8) (from Ch. 111 1/2, par. 4166.8) 32 (Section scheduled to be repealed on January 1, 2000) SB1064 Engrossed -9- LRB9102334ACtm 1 Sec. 6.8. Program audit. The Auditor General shall 2 conduct a biennial program audit of the office of the 3 Inspector General in relation to the Inspector General's 4 compliance with this Act. The audit shall specifically 5 include the Inspector General's effectiveness in 6 investigating reports of alleged neglect or abuse of 7 residents in any facility operated by the Department and in 8 making recommendations for sanctions to the Departments of 9 Human Services and Public Health. The Auditor General shall 10 conduct the program audit according to the provisions of the 11 Illinois State Auditing Act and shall report its findings to 12 the General Assembly no later than January 1 of each 13 odd-numbered year. 14 This Section is repealed on January 1, 20022000. 15 (Source: P.A. 89-427, eff. 12-7-95; 89-507, eff. 7-1-97.). 16 Section 99. Effective date. This Act takes effect upon 17 becoming law.