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91_SB1064sam001
LRB9102334ACpram02
1 AMENDMENT TO SENATE BILL 1064
2 AMENDMENT NO. ____. Amend Senate Bill 1064 by replacing
3 the title with the following:
4 "AN ACT to amend the Abused and Neglected Long Term Care
5 Facility Residents Reporting Act."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Abused and Neglected Long Term Care
9 Facility Residents Reporting Act is amended by changing
10 Section 6.2, 6.3, 6.4, 6.5, 6.6, 6.7, and 6.8 as follows:
11 (210 ILCS 30/6.2) (from Ch. 111 1/2, par. 4166.2)
12 (Section scheduled to be repealed on January 1, 2000)
13 Sec. 6.2. Inspector General.
14 (a) The Governor shall appoint, and the Senate shall
15 confirm, an Inspector General who shall function within the
16 Department of Human Services and report to the Secretary of
17 Human Services and the Governor. The Inspector General shall
18 investigate reports of suspected abuse or neglect (as those
19 terms are defined in Section 3 of this Act) of patients or
20 residents in any mental health or developmental disabilities
21 facility operated by the Department of Human Services and
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1 shall have authority to investigate and take immediate action
2 on reports of abuse or neglect of recipients, whether
3 patients or residents, in any mental health or developmental
4 disabilities facility or program that is licensed or
5 certified by the Department of Human Services (as successor
6 to the Department of Mental Health and Developmental
7 Disabilities) or that is funded by the Department of Human
8 Services (as successor to the Department of Mental Health and
9 Developmental Disabilities) and is not licensed or certified
10 by any agency of the State. At the specific, written request
11 of an agency of the State other than the Department of Human
12 Services (as successor to the Department of Mental Health and
13 Developmental Disabilities), the Inspector General may
14 cooperate in investigating reports of abuse and neglect of
15 persons with mental illness or persons with developmental
16 disabilities. The Inspector General shall have no
17 supervision over or involvement in routine, programmatic,
18 licensure, or certification operations of the Department of
19 Human Services or any of its funded agencies.
20 The Inspector General shall promulgate rules establishing
21 minimum requirements for reporting allegations of abuse and
22 neglect and initiating, conducting, and completing
23 investigations. The promulgated rules shall clearly set
24 forth that in instances where 2 or more State agencies could
25 investigate an allegation of abuse or neglect, the Inspector
26 General shall not conduct an investigation that is redundant
27 to an investigation conducted by another State agency. The
28 rules shall establish criteria for determining, based upon
29 the nature of the allegation, the appropriate method of
30 investigation, which may include, but need not be limited to,
31 site visits, telephone contacts, or requests for written
32 responses from agencies. The rules shall also clarify how
33 the Office of the Inspector General shall interact with the
34 licensing unit of the Department of Human Services in
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1 investigations of allegations of abuse or neglect. Any
2 allegations or investigations of reports made pursuant to
3 this Act shall remain confidential until a final report is
4 completed. The resident or patient who allegedly was abused
5 or neglected and his or her legal guardian shall be informed
6 by the facility or agency of the report of alleged abuse or
7 neglect. Final reports regarding unsubstantiated or unfounded
8 allegations shall remain confidential, except that final
9 reports may be disclosed pursuant to Section 6 of this Act.
10 The Inspector General shall be appointed for a term of 4
11 years.
12 (b) The Inspector General shall within 24 hours after
13 receiving a report of suspected abuse or neglect determine
14 whether the evidence indicates that any possible criminal act
15 has been committed. If he determines that a possible criminal
16 act has been committed, or that special expertise is required
17 in the investigation, he shall immediately notify the
18 Department of State Police. The Department of State Police
19 shall investigate any report indicating a possible murder,
20 rape, or other felony. All investigations conducted by the
21 Inspector General shall be conducted in a manner designed to
22 ensure the preservation of evidence for possible use in a
23 criminal prosecution.
24 (b-5) The Inspector General shall make a determination
25 to accept or reject a preliminary report of the investigation
26 of alleged abuse or neglect based on established
27 investigative procedures. The facility or agency may request
28 clarification or reconsideration based on additional
29 information. For cases where the allegation of abuse or
30 neglect is substantiated, the Inspector General shall require
31 the facility or agency to submit a written response. The
32 written response from a facility or agency shall address in a
33 concise and reasoned manner the actions that the agency or
34 facility will take or has taken to protect the resident or
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1 patient from abuse or neglect, prevent reoccurrences, and
2 eliminate problems identified and shall include
3 implementation and completion dates for all such action.
4 (c) The Inspector General shall, within 10 calendar days
5 after the transmittal date of a completed investigation where
6 abuse or neglect is substantiated or administrative action is
7 recommended, provide a complete report on the case to the
8 Secretary of Human Services and to the agency in which the
9 abuse or neglect is alleged to have happened. The complete
10 report shall include a written response from the agency or
11 facility operated by the State to the Inspector General that
12 addresses in a concise and reasoned manner the actions that
13 the agency or facility will take or has taken to protect the
14 resident or patient from abuse or neglect, prevent
15 reoccurrences, and eliminate problems identified and shall
16 include implementation and completion dates for all such
17 action. The Secretary of Human Services shall accept or
18 reject the response and establish how the Department will
19 determine whether the facility or program followed the
20 approved response. The Secretary may require Department
21 personnel to visit the facility or agency for training,
22 technical assistance, programmatic, licensure, or
23 certification purposes. Administrative action, including
24 sanctions, may be applied should the Secretary reject the
25 response or should the facility or agency fail to follow the
26 approved response. The facility or agency shall inform the
27 resident or patient and the legal guardian whether the
28 reported allegation was substantiated, unsubstantiated, or
29 unfounded. There shall be an appeals process for any person
30 or agency that is subject to any action based on a
31 recommendation or recommendations.
32 (d) The Inspector General may recommend to the
33 Departments of Public Health and Human Services sanctions to
34 be imposed against mental health and developmental
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1 disabilities facilities under the jurisdiction of the
2 Department of Human Services for the protection of residents,
3 including appointment of on-site monitors or receivers,
4 transfer or relocation of residents, and closure of units.
5 The Inspector General may seek the assistance of the Attorney
6 General or any of the several State's attorneys in imposing
7 such sanctions.
8 (e) The Inspector General shall establish and conduct
9 periodic training programs for Department employees
10 concerning the prevention and reporting of neglect and abuse.
11 (f) The Inspector General shall at all times be granted
12 access to any mental health or developmental disabilities
13 facility operated by the Department, shall establish and
14 conduct unannounced site visits to those facilities at least
15 once annually, and shall be granted access, for the purpose
16 of investigating a report of abuse or neglect, to any
17 facility or program funded by the Department that is subject
18 under the provisions of this Section to investigation by the
19 Inspector General for a report of abuse or neglect.
20 (g) Nothing in this Section shall limit investigations
21 by the Department of Human Services that may otherwise be
22 required by law or that may be necessary in that Department's
23 capacity as the central administrative authority responsible
24 for the operation of State mental health and developmental
25 disability facilities.
26 (h) This Section is repealed on January 1, 2002 2000.
27 (Source: P.A. 89-427, eff. 12-7-95; 89-507, eff. 7-1-97;
28 90-252, eff. 7-29-97; 90-512, eff. 8-22-97; 90-655, eff.
29 7-30-98.)
30 (210 ILCS 30/6.3) (from Ch. 111 1/2, par. 4166.3)
31 (Section scheduled to be repealed on January 1, 2000)
32 Sec. 6.3. Quality Care Board. There is created, within
33 the Department of Human Services' Office of the Inspector
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1 General, a Quality Care Board to be composed of 7 members
2 appointed by the Governor with the advice and consent of the
3 Senate. One of the members shall be designated as chairman
4 by the Governor. Of the initial appointments made by the
5 Governor, 4 Board members shall each be appointed for a term
6 of 4 years and 3 members shall each be appointed for a term
7 of 2 years. Upon the expiration of each member's term, a
8 successor shall be appointed for a term of 4 years. In the
9 case of a vacancy in the office of any member, the Governor
10 shall appoint a successor for the remainder of the unexpired
11 term.
12 Members appointed by the Governor shall be qualified by
13 professional knowledge or experience in the area of law,
14 investigatory techniques, or in the area of care of the
15 mentally ill or developmentally disabled. Two members
16 appointed by the Governor shall be persons with a disability
17 or a parent of a person with a disability. Members shall
18 serve without compensation, but shall be reimbursed for
19 expenses incurred in connection with the performance of their
20 duties as members.
21 The Board shall meet quarterly, and may hold other
22 meetings on the call of the chairman. Four members shall
23 constitute a quorum. The Board may adopt rules and
24 regulations it deems necessary to govern its own procedures.
25 This Section is repealed on January 1, 2002 2000.
26 (Source: P.A. 89-427, eff. 12-7-95; 89-507, eff. 7-1-97.)
27 (210 ILCS 30/6.4) (from Ch. 111 1/2, par. 4166.4)
28 (This Section is scheduled to be repealed January 1,
29 2000.)
30 Sec. 6.4. Scope and function of the Quality Care Board.
31 The Board shall monitor and oversee the operations, policies,
32 and procedures of the Inspector General to assure the prompt
33 and thorough investigation of allegations of neglect and
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1 abuse. In fulfilling these responsibilities, the Board may
2 do the following:
3 (1) Provide independent, expert consultation to the
4 Inspector General on policies and protocols for
5 investigations of alleged neglect and abuse.
6 (2) Review existing regulations relating to the
7 operation of facilities under the control of the
8 Department.
9 (3) Advise the Inspector General as to the content
10 of training activities authorized under Section 6.2.
11 (4) Recommend policies concerning methods for
12 improving the intergovernmental relationships between the
13 office of the Inspector General and other State or
14 federal agencies.
15 This Section is repealed on January 1, 2002 2000.
16 (Source: P.A. 89-427, eff. 12-7-95.)
17 (210 ILCS 30/6.5) (from Ch. 111 1/2, par. 4166.5)
18 (Section scheduled to be repealed on January 1, 2000)
19 Sec. 6.5. Investigators. Within 60 days after the
20 effective date of this amendatory Act of 1992, the Inspector
21 General shall establish a comprehensive program to ensure
22 that every person employed or newly hired to conduct
23 investigations shall receive training on an on-going basis
24 concerning investigative techniques, communication skills,
25 and the appropriate means of contact with persons admitted or
26 committed to the mental health or developmental disabilities
27 facilities under the jurisdiction of the Department of Human
28 Services.
29 This Section is repealed on January 1, 2002 2000.
30 (Source: P.A. 89-427, eff. 12-7-95; 89-507, eff. 7-1-97.)
31 (210 ILCS 30/6.6) (from Ch. 111 1/2, par. 4166.6)
32 (This Section is scheduled to be repealed January 1,
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1 2000.)
2 Sec. 6.6. Subpoenas; testimony; penalty. The Inspector
3 General shall have the power to subpoena witnesses and compel
4 the production of books and papers pertinent to an
5 investigation authorized by this Act, provided that the power
6 to subpoena or to compel the production of books and papers
7 shall not extend to the person or documents of a labor
8 organization or its representatives insofar as the person or
9 documents of a labor organization relate to the function of
10 representing an employee subject to investigation under this
11 Act. Mental health records of patients shall be confidential
12 as provided under the Mental Health and Developmental
13 Disabilities Confidentiality Act. Any person who fails to
14 appear in response to a subpoena or to answer any question or
15 produce any books or papers pertinent to an investigation
16 under this Act, except as otherwise provided in this Section,
17 or who knowingly gives false testimony in relation to an
18 investigation under this Act is guilty of a Class A
19 misdemeanor.
20 This Section is repealed on January 1, 2002 2000.
21 (Source: P.A. 89-427, eff. 12-7-95.)
22 (210 ILCS 30/6.7) (from Ch. 111 1/2, par. 4166.7)
23 (This Section is scheduled to be repealed July 1, 2000.)
24 Sec. 6.7. Annual report. The Inspector General shall
25 provide to the General Assembly and the Governor, no later
26 than January 1 of each year, a summary of reports and
27 investigations made under this Act for the prior fiscal year
28 with respect to residents of institutions under the
29 jurisdiction of the Department. The report shall detail the
30 imposition of sanctions and the final disposition of those
31 recommendations. The summaries shall not contain any
32 confidential or identifying information concerning the
33 subjects of the reports and investigations. The report shall
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1 also include a trend analysis of the number of reported
2 allegations and their disposition, for each facility and
3 Department-wide, for the most recent 3-year time period and a
4 statement, for each facility, of the staffing-to-patient
5 ratios. The ratios shall include only the number of direct
6 care staff. The report shall also include detailed
7 recommended administrative actions and matters for
8 consideration by the General Assembly.
9 This Section is repealed on January 1, 2002 July 1, 2000.
10 (Source: P.A. 89-427, eff. 12-7-95.)
11 (210 ILCS 30/6.8) (from Ch. 111 1/2, par. 4166.8)
12 (Section scheduled to be repealed on January 1, 2000)
13 Sec. 6.8. Program audit. The Auditor General shall
14 conduct a biennial program audit of the office of the
15 Inspector General in relation to the Inspector General's
16 compliance with this Act. The audit shall specifically
17 include the Inspector General's effectiveness in
18 investigating reports of alleged neglect or abuse of
19 residents in any facility operated by the Department and in
20 making recommendations for sanctions to the Departments of
21 Human Services and Public Health. The Auditor General shall
22 conduct the program audit according to the provisions of the
23 Illinois State Auditing Act and shall report its findings to
24 the General Assembly no later than January 1 of each
25 odd-numbered year.
26 This Section is repealed on January 1, 2002 2000.
27 (Source: P.A. 89-427, eff. 12-7-95; 89-507, eff. 7-1-97.).
28 Section 99. Effective date. This Act takes effect upon
29 becoming law.".