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92_SB1504eng SB1504 Engrossed LRB9206158LBmb 1 AN ACT in relation to health care. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 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 Sec. 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 subject of a substantiated 15 finding of abuse or neglect of a service recipient. The 16 Department shall establish and maintain such rules as are 17 necessary or appropriate to effectuate the intent of this 18 Section. The provisions of this Section shall not apply to 19 any facility, service agency, or support agency licensed or 20 certified by a State agency other than the Department, unless 21 operated by the Department of Human Services. 22 Section 10. The Abused and Neglected Long Term Care 23 Facility Residents Reporting Act is amended by changing 24 Section 6.2 as follows: 25 (210 ILCS 30/6.2) (from Ch. 111 1/2, par. 4166.2) 26 (Section scheduled to be repealed on January 1, 2002) 27 Sec. 6.2. Inspector General. 28 (a) The Governor shall appoint, and the Senate shall 29 confirm, an Inspector General who shall function within the SB1504 Engrossed -2- LRB9206158LBmb 1 Department of Human Services and report to the Secretary of 2 Human Services and the Governor. The Inspector General shall 3 investigate reports of suspected abuse or neglect (as those 4 terms are defined in Section 3 of this Act) of patients or 5 residents in any mental health or developmental disabilities 6 facility operated by the Department of Human Services and 7 shall have authority to investigate and take immediate action 8 on reports of abuse or neglect of recipients, whether 9 patients or residents, in any mental health or developmental 10 disabilities facility or program that is licensed or 11 certified by the Department of Human Services (as successor 12 to the Department of Mental Health and Developmental 13 Disabilities) or that is funded by the Department of Human 14 Services (as successor to the Department of Mental Health and 15 Developmental Disabilities) and is not licensed or certified 16 by any agency of the State. At the specific, written request 17 of an agency of the State other than the Department of Human 18 Services (as successor to the Department of Mental Health and 19 Developmental Disabilities), the Inspector General may 20 cooperate in investigating reports of abuse and neglect of 21 persons with mental illness or persons with developmental 22 disabilities. The Inspector General shall have no 23 supervision over or involvement in routine, programmatic, 24 licensure, or certification operations of the Department of 25 Human Services or any of its funded agencies. 26 The Inspector General shall promulgate rules establishing 27 minimum requirements for reporting allegations of abuse and 28 neglect and initiating, conducting, and completing 29 investigations. The promulgated rules shall clearly set 30 forth that in instances where 2 or more State agencies could 31 investigate an allegation of abuse or neglect, the Inspector 32 General shall not conduct an investigation that is redundant 33 to an investigation conducted by another State agency. The 34 rules shall establish criteria for determining, based upon SB1504 Engrossed -3- LRB9206158LBmb 1 the nature of the allegation, the appropriate method of 2 investigation, which may include, but need not be limited to, 3 site visits, telephone contacts, or requests for written 4 responses from agencies. The rules shall also clarify how 5 the Office of the Inspector General shall interact with the 6 licensing unit of the Department of Human Services in 7 investigations of allegations of abuse or neglect. Any 8 allegations or investigations of reports made pursuant to 9 this Act shall remain confidential until a final report is 10 completed. The resident or patient who allegedly was abused 11 or neglected and his or her legal guardian shall be informed 12 by the facility or agency of the report of alleged abuse or 13 neglect. Final reports regarding unsubstantiated or unfounded 14 allegations shall remain confidential, except that final 15 reports may be disclosed pursuant to Section 6 of this Act. 16 The Inspector General shall be appointed for a term of 4 17 years. 18 When determining if a report of abuse or neglect should 19 be substantiated or unsubstantiated the Office of the 20 Inspector General shall take into account any mitigating or 21 aggravating circumstances when indicated. The Inspector 22 General shall promulgate rules to establish criteria for 23 determining mitigating or aggravating circumstances when 24 determining if a report of abuse or neglect should be 25 substantiated or unsubstantiated. 26 (b) The Inspector General shall within 24 hours after 27 receiving a report of suspected abuse or neglect determine 28 whether the evidence indicates that any possible criminal act 29 has been committed. If he determines that a possible criminal 30 act has been committed, or that special expertise is required 31 in the investigation, he shall immediately notify the 32 Department of State Police. The Department of State Police 33 shall investigate any report indicating a possible murder, 34 rape, or other felony. All investigations conducted by the SB1504 Engrossed -4- LRB9206158LBmb 1 Inspector General shall be conducted in a manner designed to 2 ensure the preservation of evidence for possible use in a 3 criminal prosecution. 4 (b-5) The Inspector General shall make a determination 5 to accept or reject a preliminary report of the investigation 6 of alleged abuse or neglect based on established 7 investigative procedures. Notice of the Inspector General's 8 determination must be given to the person or persons alleged 9 to have been responsible for abuse or neglect and to the 10 facility or agency. The facility or agency or the person or 11 persons alleged to have been responsible for the abuse or 12 neglect may request clarification or reconsideration based on 13 additional information. For cases where the allegation of 14 abuse or neglect is substantiated, the Inspector General 15 shall require the facility or agency to submit a written 16 response. The written response from a facility or agency 17 shall address in a concise and reasoned manner the actions 18 that the agency or facility will take or has taken to protect 19 the resident or patient from abuse or neglect, prevent 20 reoccurrences, and eliminate problems identified and shall 21 include implementation and completion dates for all such 22 action. 23 (c) The Inspector General shall, within 10 calendar days 24 after the transmittal date of a completed investigation where 25 abuse or neglect is substantiated or administrative action is 26 recommended, provide a complete report on the case to the 27 Secretary of Human Services and to the agency in which the 28 abuse or neglect is alleged to have happened. The complete 29 report shall include a written response from the agency or 30 facility operated by the State to the Inspector General that 31 addresses in a concise and reasoned manner the actions that 32 the agency or facility will take or has taken to protect the 33 resident or patient from abuse or neglect, prevent 34 reoccurrences, and eliminate problems identified and shall SB1504 Engrossed -5- LRB9206158LBmb 1 include implementation and completion dates for all such 2 action. The Secretary of Human Services shall accept or 3 reject the response and establish how the Department will 4 determine whether the facility or program followed the 5 approved response. The Secretary may require Department 6 personnel to visit the facility or agency for training, 7 technical assistance, programmatic, licensure, or 8 certification purposes. Administrative action, including 9 sanctions, may be applied should the Secretary reject the 10 response or should the facility or agency fail to follow the 11 approved response. The facility or agency shall inform the 12 resident or patient and the legal guardian whether the 13 reported allegation was substantiated, unsubstantiated, or 14 unfounded. There shall be an appeals process for any person 15 or agency that is subject to any action based on a 16 recommendation or recommendations. 17 (d) The Inspector General may recommend to the 18 Departments of Public Health and Human Services sanctions to 19 be imposed against mental health and developmental 20 disabilities facilities under the jurisdiction of the 21 Department of Human Services for the protection of residents, 22 including appointment of on-site monitors or receivers, 23 transfer or relocation of residents, and closure of units. 24 The Inspector General may seek the assistance of the Attorney 25 General or any of the several State's attorneys in imposing 26 such sanctions. 27 (e) The Inspector General shall establish and conduct 28 periodic training programs for Department employees 29 concerning the prevention and reporting of neglect and abuse. 30 (f) The Inspector General shall at all times be granted 31 access to any mental health or developmental disabilities 32 facility operated by the Department, shall establish and 33 conduct unannounced site visits to those facilities at least 34 once annually, and shall be granted access, for the purpose SB1504 Engrossed -6- LRB9206158LBmb 1 of investigating a report of abuse or neglect, to any 2 facility or program funded by the Department that is subject 3 under the provisions of this Section to investigation by the 4 Inspector General for a report of abuse or neglect. 5 (g) Nothing in this Section shall limit investigations 6 by the Department of Human Services that may otherwise be 7 required by law or that may be necessary in that Department's 8 capacity as the central administrative authority responsible 9 for the operation of State mental health and developmental 10 disability facilities. 11 (g-5) After notice and an opportunity for a hearing that 12 is separate and distinct from the Office of the Inspector 13 General's appeals process as implemented under subsection (c) 14 of this Section, the Inspector General shall report to the 15 Department of Public Health's nurse aide registry under 16 Section 3-206.01 of the Nursing Home Care Act the identity of 17 individuals against whom there has been a substantiated 18 finding of abuse or neglect of a service recipient. 19 Nothing in this subsection shall diminish or impair the 20 rights of a person who is a member of a collective bargaining 21 unit pursuant to the Illinois Public Labor Relations Act or 22 pursuant to any federal labor statute. Notwithstanding 23 anything hereinafter or previously provided, if an 24 individual is terminated by an employer as the result of the 25 circumstances that led to a finding of abuse or neglect and 26 that finding is later overturned under a grievance and/or 27 arbitration procedure provided for in Section 8 of the 28 Illinois Public Labor Relations Act or under a comparable 29 provision in another labor statute applicable to that person, 30 the report must be removed from the registry. 31 The Department of Human Services shall promulgate or 32 amend rules as necessary or appropriate to establish 33 procedures for reporting to the registry, including 34 procedures for notice to the individual, appeal and hearing, SB1504 Engrossed -7- LRB9206158LBmb 1 and petition for removal of the report from the registry. The 2 portion of the rules pertaining to hearings shall provide 3 that, at the hearing, both parties may present written and 4 oral evidence. 5 Notice to the individual shall include a clear and 6 concise statement of the grounds on which the report to the 7 registry is based and notice of the opportunity for a hearing 8 to contest the report. The Department of Human Services shall 9 provide the notice by certified mail. The notice shall give 10 the individual an opportunity to contest the report in a 11 hearing before the Department of Human Services or to submit 12 a written response to the findings instead of requesting a 13 hearing. If after notice and a hearing or if the individual 14 does not request a hearing, the Department of Human Services 15 finds that the report is valid, the finding shall be included 16 as part of the registry, as well as a brief statement from 17 the reported individual if he or she chooses to make a 18 statement. The Department of Public Health shall make 19 available to the public information reported to the registry. 20 In the case of inquiries concerning an individual listed in 21 the registry, any information disclosed concerning a finding 22 of abuse or neglect shall also include disclosure of the 23 individual's brief statement in the registry relating to the 24 reported finding or include a clear and accurate summary of 25 the statement. 26 At any time after the report to the registry, an 27 individual may petition the Department of Human Services for 28 removal from the registry of the finding against him or her. 29 The Department of Human Services may report the removal of 30 the finding to the registry unless, after an investigation 31 and a hearing, the Department of Human Services determines 32 that removal is not in the public interest. 33 (h) This Section is repealed on January 1, 2002. 34 (Source: P.A. 90-252, eff. 7-29-97; 90-512, eff. 8-22-97; SB1504 Engrossed -8- LRB9206158LBmb 1 90-655, eff. 7-30-98; 91-169, eff. 7-16-99.) 2 Section 15. The Nursing Home Care Act is amended by 3 changing Section 3-206.1 as follows: 4 (210 ILCS 45/3-206.01) (from Ch. 111 1/2, par. 5 4153-206.01) 6 Sec. 3-206.01. Nurse aide registry. 7 (a) The Department shall establish and maintain a 8 registry of all individuals who have satisfactorily completed 9 the training required by Section 3-206. The registry shall 10 include the name of the nursing assistant, habilitation aide, 11 or child care aide, his or her current address, Social 12 Security number, and the date and location of the training 13 course completed by the individual, and the date of the 14 individual's last criminal records check. Any individual 15 placed on the registry is required to inform the Department 16 of any change of address within 30 days. A facility shall not 17 employ an individual as a nursing assistant, habilitation 18 aide, or child care aide unless the facility has inquired of 19 the Department as to information in the registry concerning 20 the individual and shall not employ anyone not on the 21 registry unless the individual is enrolled in a training 22 program under paragraph (5) of subsection (a) of Section 23 3-206 of this Act. 24 If the Department finds that a nursing assistant, 25 habilitation aide, or child care aide has abused a resident, 26 neglected a resident, or misappropriated resident property in 27 a facility, the Department shall notify the individual of 28 this finding by certified mail sent to the address contained 29 in the registry. The notice shall give the individual an 30 opportunity to contest the finding in a hearing before the 31 Department or to submit a written response to the findings in 32 lieu of requesting a hearing. If, after a hearing or if the SB1504 Engrossed -9- LRB9206158LBmb 1 individual does not request a hearing, the Department finds 2 that the individual abused a resident, neglected a resident, 3 or misappropriated resident property in a facility, the 4 finding shall be included as part of the registry as well as 5 a brief statement from the individual, if he or she chooses 6 to make such a statement. The Department shall make 7 information in the registry available to the public. In the 8 case of inquiries to the registry concerning an individual 9 listed in the registry, any information disclosed concerning 10 such a finding shall also include disclosure of any statement 11 in the registry relating to the finding or a clear and 12 accurate summary of the statement. 13 (b) The Department shall add to or remove from the nurse 14 aide registry records of findings as reported by the 15 Inspector General under Section 6.2 of the Abused and 16 Neglected Long Term Care Facility Residents Reporting Act. 17 (Source: P.A. 91-598, eff. 1-1-00.) 18 Section 99. Effective date. This Act takes effect on 19 January 1, 2002.