2005 Illinois Code - Chapter 210 Health Facilities 210 ILCS 30/ Abused and Neglected Long Term Care Facility Residents Reporting Act.
(210 ILCS 30/1)(from Ch. 111 1/2, par. 4161) Sec. 1. This Act may be cited as the
Abused and Neglected Long Term Care Facility Residents Reporting Act. (Source: P.A. 86‑1475.)
(210 ILCS 30/2)(from Ch. 111 1/2, par. 4162) Sec. 2. The Illinois Department of Public Health shall upon receiving
reports made under this Act, seek to protect residents and prevent further
harm to the resident who was the subject of the report and other residents
in the facility. In performing these duties, the Department may utilize
such protective services of other State departments, commissions, boards
or other agencies and any voluntary agencies as are available. (Source: P.A. 82‑120.)
(210 ILCS 30/3)(from Ch. 111 1/2, par. 4163) Sec. 3. As used in this Act unless the context otherwise requires: a. "Department" means the Department of Public Health of the State of
Illinois. b. "Resident" means a person residing in and receiving personal care from
a long term care facility, or residing in a mental health facility or
developmental disability facility as defined in the Mental Health and
Developmental Disabilities Code. c. "Long term care facility" has the same meaning ascribed to such term
in the Nursing Home Care Act, except that the term as
used in this Act shall include any mental health facility or
developmental disability facility as defined in the Mental Health and
Developmental Disabilities Code. d. "Abuse" means any physical injury, sexual abuse or mental injury
inflicted on a resident other than by accidental means. e. "Neglect" means a failure in a long term care facility to provide
adequate medical or personal care or maintenance, which failure results in
physical or mental injury to a resident or in the deterioration of a
resident's physical or mental condition. f. "Protective services" means services provided to a resident who has
been abused or neglected, which may include, but are not limited to alternative
temporary institutional placement, nursing care, counseling, other social
services provided at the nursing home where the resident resides or at some
other facility, personal care and such protective services of voluntary
agencies as are available. g. Unless the context otherwise requires, direct or indirect references in
this Act to the programs, personnel, facilities, services, service providers,
or service recipients of the Department of Human Services shall be construed to
refer only to those programs, personnel, facilities, services, service
providers, or service recipients that pertain to the Department of Human
Services' mental health and developmental disabilities functions. (Source: P.A. 89‑507, eff. 7‑1‑97.)
(210 ILCS 30/4)(from Ch. 111 1/2, par. 4164) Sec. 4. Any long term care facility administrator, agent or employee
or any physician, hospital, surgeon, dentist, osteopath, chiropractor,
podiatrist, accredited religious practitioner who provides treatment by spiritual means alone through prayer in accordance with the tenets and practices of the accrediting church, coroner, social worker, social
services administrator, registered nurse, law enforcement officer, field
personnel of the Department of Healthcare and Family Services, field personnel of the
Illinois Department of Public Health and County or Municipal Health
Departments, personnel of the Department of Human Services (acting as the
successor to the Department of Mental Health and Developmental Disabilities
or the Department of Public Aid),
personnel of the Guardianship and Advocacy Commission, personnel of the
State Fire Marshal, local fire department inspectors or other personnel,
or personnel of the Illinois
Department on Aging, or its subsidiary Agencies on Aging, or employee of a
facility licensed under the Assisted Living and Shared Housing
Act, having reasonable
cause to believe any
resident with whom they have direct contact has been subjected to abuse
or neglect shall immediately report or cause a report
to be made
to the Department.
Persons required to make reports or cause reports to
be made under this Section include all employees of the State of Illinois
who are involved in providing services to residents, including
professionals providing medical or rehabilitation services and all other
persons having direct contact with residents; and further include all
employees of community service agencies who provide services to a resident
of a public or private long term care facility outside of that facility.
Any long term care surveyor of the Illinois Department of Public Health
who has reasonable cause to believe in the course of a survey that a
resident has been abused or neglected and initiates an investigation while
on site at the facility shall be exempt from making a report under this
Section but the results of any such investigation shall be forwarded to
the central register in a manner and form described by the Department. The requirement of this Act shall not relieve any long term care
facility administrator, agent or employee of responsibility to report the
abuse or neglect of a resident under Section 3‑610 of the Nursing Home
Care Act. In addition to the above persons required to report suspected resident
abuse and neglect, any other person may make a report to the Department,
or to any law enforcement officer, if such person has reasonable cause to
suspect a resident has been abused or neglected. This Section also applies to residents whose death occurs from suspected
abuse or neglect before being found or brought to a hospital. A person required to make reports or cause reports to be made under
this Section who fails to comply with the requirements of this Section is
guilty of a Class A misdemeanor. (Source: P.A. 94‑853, eff. 6‑13‑06.)
(210 ILCS 30/5)(from Ch. 111 1/2, par. 4165) Sec. 5. Any person required to investigate cases of suspected resident
abuse or neglect may take or cause to be taken, at the resident's expense
color photographs and x‑rays of the area of trauma on the resident who is
the subject of a report. (Source: P.A. 82‑120.)
(210 ILCS 30/6)(from Ch. 111 1/2, par. 4166) Sec. 6. All reports of suspected abuse or neglect made under this Act
shall be made immediately by telephone to the Department's central register
established under Section 14 on the single, State‑wide, toll‑free telephone
number established under Section 13, or in person or by telephone through
the nearest Department office. No long term care facility administrator,
agent or employee, or any other person, shall screen reports or otherwise
withhold any reports from the Department, and no long term care facility,
department of State government, or other agency shall establish any rules,
criteria, standards or guidelines to the contrary. Every long term care
facility, department of State government and other agency whose employees
are required to make or cause to be made reports under Section 4 shall
notify its employees of the provisions of that Section and of this Section,
and provide to the Department documentation that such notification has been
given. The Department of Human Services shall train all of its mental health and developmental
disabilities employees in the detection and reporting of suspected
abuse and neglect of residents. Reports made to the central register
through the State‑wide, toll‑free telephone number shall be transmitted to
appropriate Department offices and municipal health departments that have
responsibility for licensing long term care facilities under the Nursing
Home Care Act. All reports received through offices of the Department
shall be forwarded to the central register, in a manner and form described
by the Department. The Department shall be capable of receiving reports of
suspected abuse and neglect 24 hours a day, 7 days a week. Reports shall
also be made in writing deposited in the U.S. mail, postage prepaid, within
24 hours after having reasonable cause to believe that the condition of the
resident resulted from abuse or neglect. Such reports may in addition be
made to the local law enforcement agency in the same manner. However, in
the event a report is made to the local law enforcement agency, the
reporter also shall immediately so inform the Department. The Department
shall initiate an investigation of each report of resident abuse and
neglect under this Act, whether oral or written, as provided for in Section
3‑702 of the Nursing Home Care Act, except that reports of abuse which
indicate that a resident's life or safety is in imminent danger shall be
investigated within 24 hours of such report. The Department may delegate to
law enforcement officials or other public agencies the duty to perform such
investigation. With respect to investigations of reports of suspected abuse or neglect
of residents of mental health and developmental disabilities institutions
under the jurisdiction of the Department of
Human Services, the
Department shall transmit
copies of such reports to the Department of State Police, the Department of
Human Services, and the
Inspector General
appointed under Section 6.2. If the Department receives a report
of suspected abuse or neglect of a recipient of services as defined in Section
1‑123 of the Mental Health and Developmental Disabilities Code, the
Department shall transmit copies of such report to the Inspector General
and the Directors of the Guardianship and Advocacy Commission and the
agency designated by the Governor pursuant to the Protection and Advocacy
for Developmentally Disabled Persons Act. When requested by the Director
of the Guardianship and Advocacy Commission, the agency designated by the
Governor pursuant to the Protection and Advocacy for Developmentally
Disabled Persons Act, or the Department of Financial and Professional Regulation, the Department, the Department of Human Services and the Department of State Police shall make
available a copy of the final investigative report regarding investigations
conducted by their respective agencies on incidents of suspected abuse or
neglect of residents of mental health and developmental disabilities
institutions or individuals receiving services at community agencies under the jurisdiction of the Department of Human Services. Such final investigative
report shall not contain witness statements, investigation notes, draft
summaries, results of lie detector tests, investigative files or other raw data
which was used to compile the final investigative report. Specifically, the
final investigative report of the Department of State Police shall mean the
Director's final transmittal letter. The Department of Human Services shall also make available a
copy of the results of disciplinary proceedings of employees involved in
incidents of abuse or neglect to the Directors. All identifiable
information in reports provided shall not be further disclosed except as
provided by the Mental Health and Developmental Disabilities
Confidentiality Act. Nothing in this Section is intended to limit or
construe the power or authority granted to the agency designated by the
Governor pursuant to the Protection and Advocacy for Developmentally
Disabled Persons Act, pursuant to any other State or federal statute. With respect to investigations of reported resident abuse or neglect, the
Department shall effect with appropriate law enforcement agencies formal
agreements concerning methods and procedures for the conduct of investigations
into the criminal histories of any administrator, staff assistant or employee
of the nursing home or other person responsible for the residents care,
as well as for other residents in the nursing home who may be in a position
to abuse, neglect or exploit the patient. Pursuant to the formal agreements
entered into with appropriate law enforcement agencies, the Department may
request information with respect to whether the person or persons set forth
in this paragraph have ever been charged with a crime and if so, the
disposition of those charges. Unless the criminal histories of the
subjects involved crimes of violence or resident abuse or neglect, the
Department shall be entitled only to information limited in scope to
charges and their dispositions. In cases where prior crimes of violence or
resident abuse or neglect are involved, a more detailed report can be made
available to authorized representatives of the Department, pursuant to the
agreements entered into with appropriate law enforcement agencies. Any
criminal charges and their disposition information obtained by the
Department shall be confidential and may not be transmitted outside the
Department, except as required herein, to authorized representatives or
delegates of the Department, and may not be transmitted to anyone within
the Department who is not duly authorized to handle resident abuse or
neglect investigations. The Department shall effect formal agreements with appropriate law
enforcement agencies in the various counties and communities to encourage
cooperation and coordination in the handling of resident abuse or neglect
cases pursuant to this Act. The Department shall adopt and implement
methods and procedures to promote statewide uniformity in the handling of
reports of abuse and neglect under this Act, and those methods and
procedures shall be adhered to by personnel of the Department involved in
such investigations and reporting. The Department shall also make
information required by this Act available to authorized personnel within
the Department, as well as its authorized representatives. The Department shall keep a continuing record of all reports made
pursuant to this Act, including indications of the final determination of
any investigation and the final disposition of all reports. The Department shall report annually to the General Assembly on the
incidence of abuse and neglect of long term care facility residents, with
special attention to residents who are mentally disabled. The report shall
include but not be limited to data on the number and source of reports of
suspected abuse or neglect filed under this Act, the nature of any injuries
to residents, the final determination of investigations, the type and
number of cases where abuse or neglect is determined to exist, and the
final disposition of cases. (Source: P.A. 94‑852, eff. 6‑13‑06.)
(210 ILCS 30/6.2)(from Ch. 111 1/2, par. 4166.2) Sec. 6.2. Inspector General.
(a) The Governor shall appoint, and the Senate shall confirm, an Inspector
General. The Inspector General shall be appointed for a term of 4 years
and shall function within the Department of Human Services and report
to the Secretary of Human
Services and the Governor.
The Inspector General shall function independently within the Department of
Human Services with respect to the operations of the office, including the
performance of investigations and issuance of
findings and recommendations. The appropriation for the Office of Inspector
General shall be separate from the overall appropriation for the Department of
Human Services. The Inspector General shall
investigate reports of
suspected abuse or neglect (as those terms are defined in Section 3 of this
Act) of patients or residents in any mental health or developmental
disabilities facility operated by the Department of Human Services and shall
have authority to
investigate and take immediate action on reports of abuse or neglect of
recipients, whether patients or residents, in any mental health or
developmental disabilities facility or program that is licensed or certified
by the Department of Human Services (as successor to the Department of
Mental Health and Developmental Disabilities) or that is funded by the
Department of Human Services (as successor to the Department of Mental
Health and Developmental Disabilities) and is not licensed or
certified by any agency of the State. At the specific, written request of an
agency of the State other than the Department of Human Services (as successor
to the Department of Mental Health and Developmental Disabilities), the
Inspector General may cooperate in investigating
reports of abuse and neglect of persons with mental illness or persons with
developmental disabilities. The Inspector General shall have no supervision
over or involvement in routine, programmatic, licensure, or certification
operations of the Department of Human Services or any of its funded agencies.
The Inspector General shall promulgate rules establishing minimum
requirements for reporting allegations of abuse and neglect and initiating,
conducting, and completing investigations. The
promulgated rules shall clearly set forth that in instances where 2 or more
State agencies could investigate an allegation of abuse or neglect, the
Inspector General shall not conduct an investigation that is redundant to an
investigation conducted by another State agency.
The rules shall establish criteria
for determining, based upon the nature of the allegation, the appropriate
method of investigation, which may include, but need not be limited to, site
visits, telephone contacts, or requests for written responses from agencies.
The rules shall also clarify how the Office of the Inspector General shall
interact with the licensing unit of the Department of Human Services in
investigations of
allegations of abuse or neglect. Any allegations or investigations of reports
made pursuant to this Act shall
remain confidential until a final report is completed.
The resident or patient who allegedly was abused or neglected and his or her
legal guardian shall be informed by the facility or agency of the report of
alleged abuse or neglect.
Final reports
regarding unsubstantiated or unfounded allegations shall remain confidential,
except that final reports may be disclosed pursuant to Section 6 of this
Act.
When the Office of the Inspector General has substantiated a case of abuse
or neglect, the Inspector General shall include in the final report any
mitigating or aggravating circumstances that were identified during the
investigation. Upon determination that a report of neglect is
substantiated, the Inspector General shall then determine whether such neglect
rises to the level of egregious neglect.
(b) The Inspector General shall, within 24 hours after determining that a reported allegation of suspected abuse or neglect
indicates that any possible criminal act has been committed
or that special
expertise is required in the investigation,
immediately notify the
Department of State Police or the appropriate law enforcement entity. The Department of State Police shall
investigate any report from a State‑operated facility indicating a possible murder, rape, or other felony.
All investigations conducted by the Inspector General shall be conducted in
a manner designed to ensure the preservation of evidence for possible use
in a criminal prosecution.
(b‑5) The Inspector General shall make a determination to accept or reject
a preliminary report of the
investigation of alleged abuse or neglect based on established investigative
procedures.
Notice of the Inspector General's determination must be given to
the person who claims to be the victim of the abuse or neglect, to
the person
or persons alleged to have been responsible for abuse or neglect, and to the
facility or agency.
The facility or agency or the person or persons alleged
to
have been responsible
for the abuse or neglect and the person who claims to be the victim of the
abuse or neglect may request clarification or
reconsideration
based on additional information. For cases where the allegation of abuse or
neglect is substantiated, the Inspector General shall require the facility or
agency to submit a written response. The written response from a facility or
agency shall address in a concise and reasoned manner the actions
that the agency or facility will take or has taken to protect the resident or
patient from abuse or neglect, prevent reoccurrences, and eliminate problems
identified and shall include implementation and completion dates for all such
action.
(c) The Inspector General shall, within 10 calendar days after the
transmittal date of a completed investigation where abuse or neglect is
substantiated or administrative action is recommended, provide a complete
report on the case to the Secretary of Human Services and to the agency in
which the abuse or neglect is
alleged to have happened.
The complete report shall include a written response from the agency or
facility operated by the State to the Inspector General that addresses in a
concise and reasoned manner the actions that the agency or facility
will take or has taken to protect the resident or patient from abuse or
neglect, prevent reoccurrences, and eliminate problems identified and
shall include implementation and completion dates for all such action. The
Secretary of Human Services shall accept or reject the
response and establish how the Department will determine whether the facility
or program followed the approved response. The Secretary may require
Department
personnel to visit the facility or agency for training, technical assistance,
programmatic, licensure, or certification purposes. Administrative action,
including sanctions, may be applied should the Secretary reject the response or
should the facility or agency fail to follow the approved response.
Within 30 days after the
Secretary has approved a response, the facility or agency making the response
shall provide an implementation report to the Inspector General on the status
of the corrective action
implemented. Within 60 days after the Secretary has approved the response,
the facility or agency shall send notice of the completion of the corrective
action or shall send an updated implementation report. The facility or agency
shall continue sending updated implementation reports every 60 days until the
facility or agency sends a notice of the completion of the corrective action.
The Inspector General shall review any implementation plan that takes more than
120 days. The Inspector General shall monitor compliance through a random
review of completed corrective actions. This monitoring may include, but need
not be limited to, site visits, telephone contacts, or requests for written
documentation from the
facility or agency to determine whether the facility or agency is in
compliance with the approved response. The facility or agency shall inform
the
resident or patient and the legal guardian whether the
reported allegation was substantiated, unsubstantiated, or unfounded.
There shall be an appeals process for any person or
agency that is subject to any action based on a recommendation or
recommendations.
(d) The Inspector General may recommend to the Departments of
Public Health and Human Services sanctions to be
imposed against mental health and developmental disabilities facilities
under the jurisdiction of the Department of Human Services for the protection
of residents,
including appointment of on‑site monitors or receivers, transfer or relocation
of residents, and closure of units. The Inspector General may seek the
assistance of the Attorney General or any of the several State's attorneys in
imposing such sanctions. Whenever the Inspector General issues any
recommendations to the Secretary of Human Services, the Secretary shall provide
a written response.
(e) The Inspector General shall establish and conduct periodic
training programs for Department of Human Services employees concerning the
prevention and reporting of neglect and abuse.
(f) The Inspector General shall at all times be granted access to any
mental health or developmental disabilities facility operated by the
Department of Human Services, shall establish and
conduct unannounced site visits to those facilities at least once annually,
and shall be granted access, for the purpose of investigating a report of abuse
or neglect, to the records of the Department of Human Services and to any
facility or program funded by the Department of Human Services that is
subject
under the provisions of this Section to investigation by the Inspector General
for a report of abuse or neglect.
(g) Nothing in this Section shall limit investigations by the
Department of Human Services that may
otherwise be required by law or that may be necessary in that Department's
capacity as the central administrative authority responsible for the
operation of State mental health and developmental disability facilities.
(g‑5) After notice and an opportunity for a hearing that is separate and
distinct
from the Office of the Inspector General's appeals process as implemented under
subsection (c) of this Section, the Inspector General shall report to the
Department of
Public Health's nurse aide registry under Section 3‑206.01 of the Nursing Home
Care Act
the identity of individuals against whom there has been a substantiated
finding of
physical or sexual
abuse or egregious neglect of a service recipient.
Nothing in this subsection shall diminish or impair the rights of a person
who
is a
member of a collective bargaining unit pursuant to the Illinois
Public Labor
Relations Act or pursuant to any federal labor statute.
An individual who is a member of a collective bargaining unit as described
above shall not be reported to the Department of Public Health's nurse aide
registry until the exhaustion of that individual's grievance and arbitration
rights, or until 3 months after the initiation of the grievance process,
whichever occurs first, provided that the Department of Human
Services' hearing under
subsection (c), that is separate and
distinct from the Office of the Inspector General's
appeals process, has concluded.
Notwithstanding
anything
hereinafter or previously provided,
if an action taken by an employer against an individual as a result of the
circumstances that led to a finding of physical or sexual abuse or egregious
neglect is later overturned under a grievance or arbitration procedure provided
for in Section 8 of the Illinois Public Labor Relations Act or under a
collective bargaining agreement,
the report must be removed from the registry.
The Department of Human Services shall promulgate or amend rules as
necessary or appropriate to establish procedures for reporting to the registry,
including the definition of egregious neglect,
procedures
for notice to the individual and victim,
appeal and hearing procedures, and petition for
removal of
the report
from the registry.
The portion of the rules pertaining to hearings shall provide that, at the
hearing, both parties may present written and oral evidence.
The Department shall be required to establish by a preponderance of the
evidence that the Office of the Inspector General's finding of physical or
sexual abuse or egregious neglect warrants reporting to the Department of
Public Health's nurse aide registry under Section 3‑206.01 of the Nursing Home
Care Act.
Notice to the individual shall include a clear and concise statement of the
grounds
on which the report to the registry is based and notice of the opportunity for
a hearing to
contest the report. The Department of Human Services shall provide the notice
by
certified mail to the last known address of the individual. The notice shall
give the individual an opportunity to contest
the report in
a hearing before the Department of Human Services or to submit a written
response to the
findings instead of requesting a hearing.
If the individual does not request a hearing or if after notice
and
a hearing
the Department of Human Services finds that the report is valid, the finding
shall be included as part of the registry, as well as a brief statement from
the reported individual if he or she chooses to make a statement. The
Department of Public Health shall make available to the public information
reported to the registry.
In a case of inquiries concerning an individual listed
in the registry, any information disclosed concerning a finding of abuse or
neglect shall also include disclosure of the individual's brief statement in
the registry relating to the reported finding or include a clear and accurate
summary of the statement.
At any time after the report of the registry, an individual may petition the
Department of Human Services for removal from the registry of the finding
against him or her. Upon receipt of such a petition, the Department of Human
Services shall conduct an investigation and hearing on the petition. Upon
completion of the investigation and hearing, the Department of Human Services
shall
report the removal of the finding to the registry unless the Department of
Human Services determines that removal is not in the public interest.
(Source: P.A. 93‑636, eff. 12‑31‑03; 94‑428, eff. 8‑2‑05.)
(210 ILCS 30/6.3)(from Ch. 111 1/2, par. 4166.3) Sec. 6.3. Quality Care Board. There is created, within the Office of the Inspector General,
a Quality Care Board to be composed of 7 members appointed by the Governor with
the advice and consent of the Senate. One of the members shall be designated
as chairman by the Governor. Of the initial appointments made by the Governor,
4 Board members shall each be appointed for a term of 4 years and 3 members
shall each be appointed for a term of 2 years. Upon the expiration of each
member's term, a successor shall be appointed for a term of 4 years. In the
case of a vacancy in the office of any member, the Governor shall appoint a
successor for the remainder of the unexpired term.
Members appointed by the Governor shall be qualified by professional
knowledge or experience in the area of law, investigatory techniques, or in
the area of care of the mentally ill or developmentally disabled. Two members
appointed by the Governor shall be persons with a disability or a parent of a
person with a disability. Members shall serve without compensation, but shall
be reimbursed for expenses incurred in connection with the performance of their
duties as members.
The Board shall meet quarterly, and may hold other meetings on the call of
the chairman. Four members shall constitute a quorum. The Board may adopt
rules and regulations it deems necessary to govern its own procedures.
(Source: P.A. 92‑358, eff. 8‑15‑01; 93‑636, eff. 12‑31‑03.)
(210 ILCS 30/6.4)(from Ch. 111 1/2, par. 4166.4) Sec. 6.4. Scope and function of the Quality Care Board. The Board shall
monitor and oversee the operations, policies, and procedures of the Inspector
General to assure the prompt and thorough investigation of allegations of
neglect and abuse. In fulfilling these responsibilities, the Board may do the
following:
(1) Provide independent, expert consultation to the
Inspector General on policies and protocols for investigations of alleged neglect and abuse.
(2) Review existing regulations relating to the
operation of facilities under the control of the Department of Human Services.
(3) Advise the Inspector General as to the content of
training activities authorized under Section 6.2.
(4) Recommend policies concerning methods for
improving the intergovernmental relationships between the office of the Inspector General and other State or federal agencies.
(210 ILCS 30/6.5)(from Ch. 111 1/2, par. 4166.5) Sec. 6.5. Investigators. The Inspector General shall establish a
comprehensive program to ensure that every person employed or newly hired
to conduct investigations shall receive training on an on‑going basis
concerning investigative techniques, communication skills, and the
appropriate means of contact with persons admitted or committed to the
mental health or developmental disabilities facilities under the
jurisdiction of the Department of Human Services.
(Source: P.A. 92‑358, eff. 8‑15‑01; 93‑636, eff. 12‑31‑03.)
(210 ILCS 30/6.6)(from Ch. 111 1/2, par. 4166.6) Sec. 6.6. Subpoenas; testimony; penalty. The Inspector General shall
have the power to subpoena witnesses and compel the production of books and
papers pertinent to an investigation authorized by this Act, provided that
the power to subpoena or to compel the production of
books and papers shall not extend to the person or documents of a labor
organization or its representatives insofar as the person or documents of a
labor organization relate to the function of representing an employee
subject to investigation under this Act. Mental health records of patients
shall be confidential as provided under the Mental Health and Developmental
Disabilities Confidentiality Act. Any person
who fails to appear in response to a subpoena or to answer any question or
produce any books or papers pertinent to an investigation under this Act,
except as otherwise provided in this Section, or
who knowingly gives false testimony in relation to an investigation under
this Act is guilty of a Class A misdemeanor.
(Source: P.A. 92‑358, eff. 8‑15‑01; 93‑636, eff. 12‑31‑03.)
(210 ILCS 30/6.7)(from Ch. 111 1/2, par. 4166.7) Sec. 6.7. Annual report. The Inspector General shall provide to the
General Assembly and the Governor, no later than January 1 of each year, a
summary of reports and investigations made under this Act for the prior
fiscal year with respect to residents of institutions under the
jurisdiction of the Department of Human Services. The report shall detail
the imposition of
sanctions and the final disposition of those recommendations. The summaries
shall not contain any confidential or identifying information concerning the
subjects of the reports and investigations. The report shall also include a
trend analysis of the number of reported allegations and their disposition, for
each facility and Department‑wide, for
the most recent 3‑year time period and a statement, for each facility, of the
staffing‑to‑patient ratios. The ratios shall include only the number of
direct care staff. The report shall also include detailed recommended
administrative actions and matters for consideration by the General Assembly.
(Source: P.A. 92‑358, eff. 8‑15‑01; 93‑636, eff. 12‑31‑03.)
(210 ILCS 30/6.8)(from Ch. 111 1/2, par. 4166.8) Sec. 6.8. Program audit. The Auditor General shall conduct a biennial
program audit of the office of the Inspector General in relation to the
Inspector General's compliance with this Act. The audit shall specifically
include the Inspector General's effectiveness in investigating reports of
alleged neglect or abuse of residents in any facility operated by the
Department of Human Services and in making recommendations for sanctions to
the Departments of
Human Services and Public
Health. The Auditor General shall conduct the program audit according to the
provisions of the Illinois State Auditing Act and shall report its findings to
the General Assembly no later than January 1 of each odd‑numbered year.
(Source: P.A. 92‑358, eff. 8‑15‑01; 93‑636, eff. 12‑31‑03.)
(210 ILCS 30/7)(from Ch. 111 1/2, par. 4167) Sec. 7. The report required by this Act shall include the name of the
resident, the name and address of the nursing home at which the resident
resides; the resident's age; the nature of the resident's condition including
any evidence of previous injuries or disabilities, and any other information
that the reporter believes might be helpful in establishing the cause of
such abuse or neglect and the identity of the person believed to have caused
such abuse or neglect. (Source: P.A. 82‑120.)
(210 ILCS 30/8)(from Ch. 111 1/2, par. 4168) Sec. 8. Any person, institution or agency, participating in good faith
in the making of a report, or in the investigation of such a report or in
the taking of photographs or x‑rays under this Act shall have immunity from
liability, civil, criminal, or otherwise, that might result by reason of such actions. For the purpose of any proceedings, civil or criminal, the good faith of
any persons required to report, or permitted to report, cases of resident
abuse or neglect under this Act, shall be presumed. (Source: P.A. 82‑120.)
(210 ILCS 30/9)(from Ch. 111 1/2, par. 4169) Sec. 9. Any person who makes a report or who investigates a report
under this Act shall testify fully in any judicial proceeding resulting
from such report, as to any evidence of abuse or neglect, or the cause thereof.
No evidence shall be excluded by reason of any common law or statutory privilege
relating to communications between the alleged perpetrator of abuse or neglect,
or the resident subject of the report under this Act and the person making
or investigating the report. (Source: P.A. 82‑120.)
(210 ILCS 30/10)(from Ch. 111 1/2, par. 4170) Sec. 10. If, during the investigation of a report made pursuant to this
Act, the Department obtains information indicating possible criminal acts,
the Department shall refer the matter to the appropriate law enforcement
agency or agencies for further investigation or prosecution. The Department
shall make the entire file of its investigation available to the appropriate
law enforcement agencies. With respect to reports of suspected abuse or neglect of residents of
facilities operated by the Department of Human Services (as successor to the
Department of Rehabilitation Services) or recipients of services through
any
home, institution, program or other entity licensed in whole or in part by the
Department of Human Services (as successor to the Department of
Rehabilitation Services), the Department shall refer reports to the Department of State Police or the appropriate law enforcement entity upon awareness that a possible criminal act has occurred. (Source: P.A. 94‑428, eff. 8‑2‑05.)
(210 ILCS 30/11)(from Ch. 111 1/2, par. 4171) Sec. 11. The Department may arrange for protective services
to any nursing home resident who requires them when a report of abuse or
neglect has been made. Such services shall be arranged for
a limited time, as determined by the Department to be sufficient for the
resident to obtain alternative permanent placement with the help of the
Department if necessary, or for any situation of the resident related to
the report of abuse or neglect which needs to be corrected or ameliorated
so that the patient's continued residence in the same nursing home may continue
without further abuse or neglect. (Source: P.A. 82‑120.)
(210 ILCS 30/12)(from Ch. 111 1/2, par. 4172) Sec. 12. Nothing in this Act shall be construed to authorize or require
protective services, medical care or treatment for any person in contravention
of his stated or implied objection thereto upon grounds that it conflicts
with his or her religious belief or practices, nor shall such person be
considered abused or neglected for the exercise of such beliefs or practice. (Source: P.A. 82‑120.)
(210 ILCS 30/13)(from Ch. 111 1/2, par. 4173) Sec. 13. There shall be a single State‑wide, toll‑free telephone number
established and maintained by the Department which all persons, whether
or not mandated by law, may use to report suspected long term care facility
resident abuse or neglect at any hour of the day or night, on any day of
the week. Any other person may use the State‑wide number to obtain
assistance or information concerning the handling of long term care
facility resident abuse and neglect cases. The Department shall establish
standards and procedures for using the State wide number, and shall take
appropriate steps to ensure that all persons required to make reports under
Section 4, as well as members of the general public, are aware of those
standards and procedures. (Source: P.A. 86‑1013.)
(210 ILCS 30/14)(from Ch. 111 1/2, par. 4174) Sec. 14. There shall be a central register of all cases of suspected
long term care facility resident abuse or neglect reported and maintained
by the Department under this Act. Through the recording of initial,
preliminary, progress, and final reports, the central register shall be
operated in such a manner as to enable the Department to: (1) immediately
identify and locate prior reports or cases of abuse or neglect; (2)
continuously monitor the current status of all cases of abuse or neglect
being provided services under this Act; and (3) regularly evaluate the
effectiveness of existing laws and programs through the development and
analysis of statistical and other information. The Department shall by
rule adopt appropriate standards and procedures for the operation of the
central register, including criteria to be used by long term care facility
employees in determining whether abuse or neglect of a resident is suspected,
and standards and procedures for making reports. The Department shall also
take appropriate steps to ensure that all persons required to make reports
under Section 4 are aware of those criteria, standards and procedures. The
Department shall establish, in conjunction with the Department of Human
Services, standards for
evaluating reports of suspected abuse or neglect of recipients of mental health
or developmental disability services to determine if a recipient's life or
safety is in imminent danger, and for classifying other reports of suspected
abuse and neglect for purposes of determining the necessity and schedule of an
investigation. (Source: P.A. 89‑507, eff. 7‑1‑97.)
(210 ILCS 30/15)(from Ch. 111 1/2, par. 4175) Sec. 15. The Long Term Care Facility Advisory Board established under
the Nursing Home Care Act shall conduct hearings and consult
with individuals of distinction in the fields of health, human services,
law and other appropriate areas in a continuing assessment of the problem
of resident abuse and neglect. It shall advise and make recommendations
to the Department regarding improvements in the reporting, investigation
and follow‑up systems and procedures established under this Act and regarding
the adequacy and availability of programs and services in the State to prevent
and respond to further incidents of resident abuse and neglect. (Source: P.A. 86‑820.)
(210 ILCS 30/16)(from Ch. 111 1/2, par. 4176) Sec. 16. Within the appropriation available, the Department
shall conduct a continuing education and training program for State and
local staff, persons and officials required to report, the general public,
and other persons engaged in or intending to engage in the prevention,
identification, and treatment of resident abuse and neglect. The program shall
be designed to encourage the fullest degree of reporting of known and
suspected resident abuse and neglect, and to improve communication,
cooperation, and coordination among all agencies in the identification,
prevention, and treatment of resident abuse and neglect. The program shall
inform the general public and professionals of the nature and extent of
abuse and neglect and their responsibilities, obligations, powers and
immunity from liability under this Act. It may include publicity and
dissemination of information on the existence and number of the 24 hour,
State‑wide, toll‑free telephone service to assist persons seeking
assistance and to receive reports of known and suspected abuse and neglect. (Source: P.A. 83‑1530.)
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