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92_SB1504enr SB1504 Enrolled 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 the rules that 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by changing 24 Section 6.2 as follows: 25 (210 ILCS 30/6.2) (from Ch. 111 1/2, par. 4166.2) 26 (Section scheduled to be repealed on January 1, 2002) 27 Sec. 6.2.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 Enrolled -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 Enrolled -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 the Office of the Inspector General has 19 substantiated a case of abuse or neglect, the Inspector 20 General shall include in the final report any mitigating or 21 aggravating circumstances that were identified during the 22 investigation. Upon determination that a report of neglect 23 is substantiated, the Inspector General shall then determine 24 whether such neglect rises to the level of egregious neglect. 25 (b) The Inspector General shall within 24 hours after 26 receiving a report of suspected abuse or neglect determine 27 whether the evidence indicates that any possible criminal act 28 has been committed. If he determines that a possible criminal 29 act has been committed, or that special expertise is required 30 in the investigation, he shall immediately notify the 31 Department of State Police. The Department of State Police 32 shall investigate any report indicating a possible murder, 33 rape, or other felony. All investigations conducted by the 34 Inspector General shall be conducted in a manner designed to SB1504 Enrolled -4- LRB9206158LBmb 1 ensure the preservation of evidence for possible use in a 2 criminal prosecution. 3 (b-5) The Inspector General shall make a determination 4 to accept or reject a preliminary report of the investigation 5 of alleged abuse or neglect based on established 6 investigative procedures. Notice of the Inspector General's 7 determination must be given to the person who claims to be 8 the victim of the abuse or neglect, to the person or persons 9 alleged to have been responsible for abuse or neglect, and to 10 the facility or agency. The facility or agency or the person 11 or persons alleged to have been responsible for the abuse or 12 neglect and the person who claims to be the victim of the 13 abuse or neglect may request clarification or reconsideration 14 based on additional information. For cases where the 15 allegation of abuse or neglect is substantiated, the 16 Inspector General shall require the facility or agency to 17 submit a written response. The written response from a 18 facility or agency shall address in a concise and reasoned 19 manner the actions that the agency or facility will take or 20 has taken to protect the resident or patient from abuse or 21 neglect, prevent reoccurrences, and eliminate problems 22 identified and shall include implementation and completion 23 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 SB1504 Enrolled -5- LRB9206158LBmb 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 SB1504 Enrolled -6- LRB9206158LBmb 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 (g-5) After notice and an opportunity for a hearing that 13 is separate and distinct from the Office of the Inspector 14 General's appeals process as implemented under subsection (c) 15 of this Section, the Inspector General shall report to the 16 Department of Public Health's nurse aide registry under 17 Section 3-206.01 of the Nursing Home Care Act the identity of 18 individuals against whom there has been a substantiated 19 finding of physical or sexual abuse or egregious neglect of a 20 service recipient. 21 Nothing in this subsection shall diminish or impair the 22 rights of a person who is a member of a collective bargaining 23 unit pursuant to the Illinois Public Labor Relations Act or 24 pursuant to any federal labor statute. An individual who is 25 a member of a collective bargaining unit as described above 26 shall not be reported to the Department of Public Health's 27 nurse aide registry until the exhaustion of that individual's 28 grievance and arbitration rights, or until 3 months after the 29 initiation of the grievance process, whichever occurs first, 30 provided that the Department of Human Services' hearing under 31 subsection (c), that is separate and distinct from the Office 32 of the Inspector General's appeals process, has concluded. 33 Notwithstanding anything hereinafter or previously provided, 34 if an action taken by an employer against an individual as a SB1504 Enrolled -7- LRB9206158LBmb 1 result of the circumstances that led to a finding of physical 2 or sexual abuse or egregious neglect is later overturned 3 under a grievance or arbitration procedure provided for in 4 Section 8 of the Illinois Public Labor Relations Act or under 5 a collective bargaining agreement, the report must be removed 6 from the registry. 7 The Department of Human Services shall promulgate or 8 amend rules as necessary or appropriate to establish 9 procedures for reporting to the registry, including the 10 definition of egregious neglect, procedures for notice to the 11 individual and victim, appeal and hearing procedures, and 12 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. The Department shall be required to 16 establish by a preponderance of the evidence that the Office 17 of the Inspector General's finding of physical or sexual 18 abuse or egregious neglect warrants reporting to the 19 Department of Public Health's nurse aide registry under 20 Section 3-206.01 of the Nursing Home Care Act. 21 Notice to the individual shall include a clear and 22 concise statement of the grounds on which the report to the 23 registry is based and notice of the opportunity for a hearing 24 to contest the report. The Department of Human Services shall 25 provide the notice by certified mail to the last known 26 address of the individual. The notice shall give the 27 individual an opportunity to contest the report in a hearing 28 before the Department of Human Services or to submit a 29 written response to the findings instead of requesting a 30 hearing. If the individual does not request a hearing or if 31 after notice and a hearing the Department of Human Services 32 finds that the report is valid, the finding shall be included 33 as part of the registry, as well as a brief statement from 34 the reported individual if he or she chooses to make a SB1504 Enrolled -8- LRB9206158LBmb 1 statement. The Department of Public Health shall make 2 available to the public information reported to the registry. 3 In a case of inquiries concerning an individual listed in the 4 registry, any information disclosed concerning a finding of 5 abuse or neglect shall also include disclosure of the 6 individual's brief statement in the registry relating to the 7 reported finding or include a clear and accurate summary of 8 the statement. 9 At any time after the report of the registry, an 10 individual may petition the Department of Human Services for 11 removal from the registry of the finding against him or her. 12 Upon receipt of such a petition, the Department of Human 13 Services shall conduct an investigation and hearing on the 14 petition. Upon completion of the investigation and hearing, 15 the Department of Human Services shall report the removal of 16 the finding to the registry unless the Department of Human 17 Services determines that removal is not in the public 18 interest. 19 (h) This Section is repealed on January 1, 2002. 20 (Source: P.A. 90-252, eff. 7-29-97; 90-512, eff. 8-22-97; 21 90-655, eff. 7-30-98; 91-169, eff. 7-16-99.) 22 Section 15. The Nursing Home Care Act is amended by 23 changing Section 3-206.1 as follows: 24 (210 ILCS 45/3-206.01) (from Ch. 111 1/2, par. 25 4153-206.01) 26 Sec. 3-206.01. Nurse aide registry. 27 (a) The Department shall establish and maintain a 28 registry of all individuals who have satisfactorily completed 29 the training required by Section 3-206. The registry shall 30 include the name of the nursing assistant, habilitation aide, 31 or child care aide, his or her current address, Social 32 Security number, and the date and location of the training SB1504 Enrolled -9- LRB9206158LBmb 1 course completed by the individual, and the date of the 2 individual's last criminal records check. Any individual 3 placed on the registry is required to inform the Department 4 of any change of address within 30 days. A facility shall not 5 employ an individual as a nursing assistant, habilitation 6 aide, or child care aide unless the facility has inquired of 7 the Department as to information in the registry concerning 8 the individual and shall not employ anyone not on the 9 registry unless the individual is enrolled in a training 10 program under paragraph (5) of subsection (a) of Section 11 3-206 of this Act. 12 If the Department finds that a nursing assistant, 13 habilitation aide, or child care aide has abused a resident, 14 neglected a resident, or misappropriated resident property in 15 a facility, the Department shall notify the individual of 16 this finding by certified mail sent to the address contained 17 in the registry. The notice shall give the individual an 18 opportunity to contest the finding in a hearing before the 19 Department or to submit a written response to the findings in 20 lieu of requesting a hearing. If, after a hearing or if the 21 individual does not request a hearing, the Department finds 22 that the individual abused a resident, neglected a resident, 23 or misappropriated resident property in a facility, the 24 finding shall be included as part of the registry as well as 25 a brief statement from the individual, if he or she chooses 26 to make such a statement. The Department shall make 27 information in the registry available to the public. In the 28 case of inquiries to the registry concerning an individual 29 listed in the registry, any information disclosed concerning 30 such a finding shall also include disclosure of any statement 31 in the registry relating to the finding or a clear and 32 accurate summary of the statement. 33 (b) The Department shall add to the nurse aide registry 34 records of findings as reported by the Inspector General or SB1504 Enrolled -10- LRB9206158LBmb 1 remove from the nurse aide registry records of findings as 2 reported by the Department of Human Services, under Section 3 6.2 of the Abuse and Neglected Long Term Care Facility 4 Residents Reporting Act. 5 (Source: P.A. 91-598, eff. 1-1-00.) 6 Section 99. Effective date. This Act takes effect on 7 January 1, 2002.