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92_SB0624eng SB624 Engrossed LRB9205151JSpc 1 AN ACT concerning long term care facility residents. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Abused and Neglected Long Term Care 5 Facility Residents Reporting Act is amended by changing 6 Sections 6.2, 6.3, 6.4, 6.5, 6.6, 6.7, and 6.8 as follows: 7 (210 ILCS 30/6.2) (from Ch. 111 1/2, par. 4166.2) 8 (Section scheduled to be repealed on January 1, 2002) 9 Sec. 6.2. Inspector General. 10 (a) The Governor shall appoint, and the Senate shall 11 confirm, an Inspector General who shall function within the 12 Department of Human Services and report to the Secretary of 13 Human Services and the Governor. The Inspector General shall 14 investigate reports of suspected abuse or neglect (as those 15 terms are defined in Section 3 of this Act) of patients or 16 residents in any mental health or developmental disabilities 17 facility operated by the Department of Human Services and 18 shall have authority to investigate and take immediate action 19 on reports of abuse or neglect of recipients, whether 20 patients or residents, in any mental health or developmental 21 disabilities facility or program that is licensed or 22 certified by the Department of Human Services (as successor 23 to the Department of Mental Health and Developmental 24 Disabilities) or that is funded by the Department of Human 25 Services (as successor to the Department of Mental Health and 26 Developmental Disabilities) and is not licensed or certified 27 by any agency of the State. At the specific, written request 28 of an agency of the State other than the Department of Human 29 Services (as successor to the Department of Mental Health and 30 Developmental Disabilities), the Inspector General may 31 cooperate in investigating reports of abuse and neglect of SB624 Engrossed -2- LRB9205151JSpc 1 persons with mental illness or persons with developmental 2 disabilities. The Inspector General shall have no 3 supervision over or involvement in routine, programmatic, 4 licensure, or certification operations of the Department of 5 Human Services or any of its funded agencies. 6 The Inspector General shall promulgate rules establishing 7 minimum requirements for reporting allegations of abuse and 8 neglect and initiating, conducting, and completing 9 investigations. The promulgated rules shall clearly set 10 forth that in instances where 2 or more State agencies could 11 investigate an allegation of abuse or neglect, the Inspector 12 General shall not conduct an investigation that is redundant 13 to an investigation conducted by another State agency. The 14 rules shall establish criteria for determining, based upon 15 the nature of the allegation, the appropriate method of 16 investigation, which may include, but need not be limited to, 17 site visits, telephone contacts, or requests for written 18 responses from agencies. The rules shall also clarify how 19 the Office of the Inspector General shall interact with the 20 licensing unit of the Department of Human Services in 21 investigations of allegations of abuse or neglect. Any 22 allegations or investigations of reports made pursuant to 23 this Act shall remain confidential until a final report is 24 completed. The resident or patient who allegedly was abused 25 or neglected and his or her legal guardian shall be informed 26 by the facility or agency of the report of alleged abuse or 27 neglect. Final reports regarding unsubstantiated or unfounded 28 allegations shall remain confidential, except that final 29 reports may be disclosed pursuant to Section 6 of this Act. 30 The Inspector General shall be appointed for a term of 4 31 years. 32 (b) The Inspector General shall within 24 hours after 33 receiving a report of suspected abuse or neglect determine 34 whether the evidence indicates that any possible criminal act SB624 Engrossed -3- LRB9205151JSpc 1 has been committed. If he determines that a possible criminal 2 act has been committed, or that special expertise is required 3 in the investigation, he shall immediately notify the 4 Department of State Police. The Department of State Police 5 shall investigate any report indicating a possible murder, 6 rape, or other felony. All investigations conducted by the 7 Inspector General shall be conducted in a manner designed to 8 ensure the preservation of evidence for possible use in a 9 criminal prosecution. 10 (b-5) The Inspector General shall make a determination 11 to accept or reject a preliminary report of the investigation 12 of alleged abuse or neglect based on established 13 investigative procedures. The facility or agency may request 14 clarification or reconsideration based on additional 15 information. For cases where the allegation of abuse or 16 neglect is substantiated, the Inspector General shall require 17 the facility or agency to submit a written response. The 18 written response from a facility or agency shall address in a 19 concise and reasoned manner the actions that the agency or 20 facility will take or has taken to protect the resident or 21 patient from abuse or neglect, prevent reoccurrences, and 22 eliminate problems identified and shall include 23 implementation and completion dates for all such action. 24 (c) The Inspector General shall, within 10 calendar days 25 after the transmittal date of a completed investigation where 26 abuse or neglect is substantiated or administrative action is 27 recommended, provide a complete report on the case to the 28 Secretary of Human Services and to the agency in which the 29 abuse or neglect is alleged to have happened. The complete 30 report shall include a written response from the agency or 31 facility operated by the State to the Inspector General that 32 addresses in a concise and reasoned manner the actions that 33 the agency or facility will take or has taken to protect the 34 resident or patient from abuse or neglect, prevent SB624 Engrossed -4- LRB9205151JSpc 1 reoccurrences, and eliminate problems identified and shall 2 include implementation and completion dates for all such 3 action. The Secretary of Human Services shall accept or 4 reject the response and establish how the Department will 5 determine whether the facility or program followed the 6 approved response. The Secretary may require Department 7 personnel to visit the facility or agency for training, 8 technical assistance, programmatic, licensure, or 9 certification purposes. Administrative action, including 10 sanctions, may be applied should the Secretary reject the 11 response or should the facility or agency fail to follow the 12 approved response. The facility or agency shall inform the 13 resident or patient and the legal guardian whether the 14 reported allegation was substantiated, unsubstantiated, or 15 unfounded. There shall be an appeals process for any person 16 or agency that is subject to any action based on a 17 recommendation or recommendations. 18 (d) The Inspector General may recommend to the 19 Departments of Public Health and Human Services sanctions to 20 be imposed against mental health and developmental 21 disabilities facilities under the jurisdiction of the 22 Department of Human Services for the protection of residents, 23 including appointment of on-site monitors or receivers, 24 transfer or relocation of residents, and closure of units. 25 The Inspector General may seek the assistance of the Attorney 26 General or any of the several State's attorneys in imposing 27 such sanctions. 28 (e) The Inspector General shall establish and conduct 29 periodic training programs for Department employees 30 concerning the prevention and reporting of neglect and abuse. 31 (f) The Inspector General shall at all times be granted 32 access to any mental health or developmental disabilities 33 facility operated by the Department, shall establish and 34 conduct unannounced site visits to those facilities at least SB624 Engrossed -5- LRB9205151JSpc 1 once annually, and shall be granted access, for the purpose 2 of investigating a report of abuse or neglect, to any 3 facility or program funded by the Department that is subject 4 under the provisions of this Section to investigation by the 5 Inspector General for a report of abuse or neglect. 6 (g) Nothing in this Section shall limit investigations 7 by the Department of Human Services that may otherwise be 8 required by law or that may be necessary in that Department's 9 capacity as the central administrative authority responsible 10 for the operation of State mental health and developmental 11 disability facilities. 12 (h) This Section is repealed on January 1, 20042002. 13 (Source: P.A. 90-252, eff. 7-29-97; 90-512, eff. 8-22-97; 14 90-655, eff. 7-30-98; 91-169, eff. 7-16-99.) 15 (210 ILCS 30/6.3) (from Ch. 111 1/2, par. 4166.3) 16 (Section scheduled to be repealed on January 1, 2002) 17 Sec. 6.3. Quality Care Board. There is created, within 18 the Department of Human Services' Office of the Inspector 19 General, a Quality Care Board to be composed of 7 members 20 appointed by the Governor with the advice and consent of the 21 Senate. One of the members shall be designated as chairman 22 by the Governor. Of the initial appointments made by the 23 Governor, 4 Board members shall each be appointed for a term 24 of 4 years and 3 members shall each be appointed for a term 25 of 2 years. Upon the expiration of each member's term, a 26 successor shall be appointed for a term of 4 years. In the 27 case of a vacancy in the office of any member, the Governor 28 shall appoint a successor for the remainder of the unexpired 29 term. 30 Members appointed by the Governor shall be qualified by 31 professional knowledge or experience in the area of law, 32 investigatory techniques, or in the area of care of the 33 mentally ill or developmentally disabled. Two members SB624 Engrossed -6- LRB9205151JSpc 1 appointed by the Governor shall be persons with a disability 2 or a parent of a person with a disability. Members shall 3 serve without compensation, but shall be reimbursed for 4 expenses incurred in connection with the performance of their 5 duties as members. 6 The Board shall meet quarterly, and may hold other 7 meetings on the call of the chairman. Four members shall 8 constitute a quorum. The Board may adopt rules and 9 regulations it deems necessary to govern its own procedures. 10 This Section is repealed on January 1, 20042002. 11 (Source: P.A. 91-169, eff. 7-16-99.) 12 (210 ILCS 30/6.4) (from Ch. 111 1/2, par. 4166.4) 13 (Section scheduled to be repealed on January 1, 2002) 14 Sec. 6.4. Scope and function of the Quality Care Board. 15 The Board shall monitor and oversee the operations, policies, 16 and procedures of the Inspector General to assure the prompt 17 and thorough investigation of allegations of neglect and 18 abuse. In fulfilling these responsibilities, the Board may 19 do the following: 20 (1) Provide independent, expert consultation to the 21 Inspector General on policies and protocols for 22 investigations of alleged neglect and abuse. 23 (2) Review existing regulations relating to the 24 operation of facilities under the control of the 25 Department. 26 (3) Advise the Inspector General as to the content 27 of training activities authorized under Section 6.2. 28 (4) Recommend policies concerning methods for 29 improving the intergovernmental relationships between the 30 office of the Inspector General and other State or 31 federal agencies. 32 This Section is repealed on January 1, 20042002. 33 (Source: P.A. 91-169, eff. 7-16-99.) SB624 Engrossed -7- LRB9205151JSpc 1 (210 ILCS 30/6.5) (from Ch. 111 1/2, par. 4166.5) 2 (Section scheduled to be repealed on January 1, 2002) 3 Sec. 6.5. Investigators. Within 60 days after the 4 effective date of this amendatory Act of 1992, the Inspector 5 General shall establish a comprehensive program to ensure 6 that every person employed or newly hired to conduct 7 investigations shall receive training on an on-going basis 8 concerning investigative techniques, communication skills, 9 and the appropriate means of contact with persons admitted or 10 committed to the mental health or developmental disabilities 11 facilities under the jurisdiction of the Department of Human 12 Services. 13 This Section is repealed on January 1, 20042002. 14 (Source: P.A. 91-169, eff. 7-16-99.) 15 (210 ILCS 30/6.6) (from Ch. 111 1/2, par. 4166.6) 16 (Section scheduled to be repealed on January 1, 2002) 17 Sec. 6.6. Subpoenas; testimony; penalty. The Inspector 18 General shall have the power to subpoena witnesses and compel 19 the production of books and papers pertinent to an 20 investigation authorized by this Act, provided that the power 21 to subpoena or to compel the production of books and papers 22 shall not extend to the person or documents of a labor 23 organization or its representatives insofar as the person or 24 documents of a labor organization relate to the function of 25 representing an employee subject to investigation under this 26 Act. Mental health records of patients shall be confidential 27 as provided under the Mental Health and Developmental 28 Disabilities Confidentiality Act. Any person who fails to 29 appear in response to a subpoena or to answer any question or 30 produce any books or papers pertinent to an investigation 31 under this Act, except as otherwise provided in this Section, 32 or who knowingly gives false testimony in relation to an 33 investigation under this Act is guilty of a Class A SB624 Engrossed -8- LRB9205151JSpc 1 misdemeanor. 2 This Section is repealed on January 1, 20042002. 3 (Source: P.A. 91-169, eff. 7-16-99.) 4 (210 ILCS 30/6.7) (from Ch. 111 1/2, par. 4166.7) 5 (Section scheduled to be repealed on January 1, 2002) 6 Sec. 6.7. Annual report. The Inspector General shall 7 provide to the General Assembly and the Governor, no later 8 than January 1 of each year, a summary of reports and 9 investigations made under this Act for the prior fiscal year 10 with respect to residents of institutions under the 11 jurisdiction of the Department. The report shall detail the 12 imposition of sanctions and the final disposition of those 13 recommendations. The summaries shall not contain any 14 confidential or identifying information concerning the 15 subjects of the reports and investigations. The report shall 16 also include a trend analysis of the number of reported 17 allegations and their disposition, for each facility and 18 Department-wide, for the most recent 3-year time period and a 19 statement, for each facility, of the staffing-to-patient 20 ratios. The ratios shall include only the number of direct 21 care staff. The report shall also include detailed 22 recommended administrative actions and matters for 23 consideration by the General Assembly. 24 This Section is repealed on January 1, 20042002. 25 (Source: P.A. 91-169, eff. 7-16-99.) 26 (210 ILCS 30/6.8) (from Ch. 111 1/2, par. 4166.8) 27 (Section scheduled to be repealed on January 1, 2002) 28 Sec. 6.8. Program audit. The Auditor General shall 29 conduct a biennial program audit of the office of the 30 Inspector General in relation to the Inspector General's 31 compliance with this Act. The audit shall specifically 32 include the Inspector General's effectiveness in SB624 Engrossed -9- LRB9205151JSpc 1 investigating reports of alleged neglect or abuse of 2 residents in any facility operated by the Department and in 3 making recommendations for sanctions to the Departments of 4 Human Services and Public Health. The Auditor General shall 5 conduct the program audit according to the provisions of the 6 Illinois State Auditing Act and shall report its findings to 7 the General Assembly no later than January 1 of each 8 odd-numbered year. 9 This Section is repealed on January 1, 20042002. 10 (Source: P.A. 91-169, eff. 7-16-99.) 11 Section 99. Effective date. This Act takes effect upon 12 becoming law.