Rep. Greg Harris

Filed: 3/19/2014

09800HB4327ham001

LRB098 18752 KTG 57139 a

1 AMENDMENT TO HOUSE BILL 4327

2 AMENDMENT NO. ______. Amend House Bill 4327 by replacing

3 everything after the enacting clause with the following:

4 "Section 5. The Open Meetings Act is amended by changing

5 Section 2 as follows:

6 (5 ILCS 120/2) (from Ch. 102, par. 42)

7 Sec. 2. Open meetings.

8 (a) Openness required. All meetings of public bodies shall

9 be open to the public unless excepted in subsection (c) and

10 closed in accordance with Section 2a.

11 (b) Construction of exceptions. The exceptions contained

12 in subsection (c) are in derogation of the requirement that

13 public bodies meet in the open, and therefore, the exceptions

14 are to be strictly construed, extending only to subjects

15 clearly within their scope. The exceptions authorize but do not

16 require the holding of a closed meeting to discuss a subject

09800HB4327ham001

- 2 -

LRB098 18752 KTG 57139 a

1 included within an enumerated exception.

2 (c) Exceptions. A public body may hold closed meetings to

3 consider the following subjects:

4 (1) The appointment, employment, compensation,

5 discipline, performance, or dismissal of specific

6 employees of the public body or legal counsel for the

7 public body, including hearing testimony on a complaint

8 lodged against an employee of the public body or against

9 legal counsel for the public body to determine its

10 validity.

11 (2) Collective negotiating matters between the public

12 body and its employees or their representatives, or

13 deliberations concerning salary schedules for one or more

14 classes of employees.

15 (3) The selection of a person to fill a public office,

16 as defined in this Act, including a vacancy in a public

17 office, when the public body is given power to appoint

18 under law or ordinance, or the discipline, performance or

19 removal of the occupant of a public office, when the public

20 body is given power to remove the occupant under law or

21 ordinance.

22 (4) Evidence or testimony presented in open hearing, or

23 in closed hearing where specifically authorized by law, to

24 a quasi-adjudicative body, as defined in this Act, provided

25 that the body prepares and makes available for public

26 inspection a written decision setting forth its

09800HB4327ham001

- 3 -

LRB098 18752 KTG 57139 a

1 determinative reasoning.

2 (5) The purchase or lease of real property for the use

3 of the public body, including meetings held for the purpose

4 of discussing whether a particular parcel should be

5 acquired.

6 (6) The setting of a price for sale or lease of

7 property owned by the public body.

8 (7) The sale or purchase of securities, investments, or

9 investment contracts. This exception shall not apply to the

10 investment of assets or income of funds deposited into the

11 Illinois Prepaid Tuition Trust Fund.

12 (8) Security procedures and the use of personnel and

13 equipment to respond to an actual, a threatened, or a

14 reasonably potential danger to the safety of employees,

15 students, staff, the public, or public property.

16 (9) Student disciplinary cases.

17 (10) The placement of individual students in special

18 education programs and other matters relating to

19 individual students.

20 (11) Litigation, when an action against, affecting or

21 on behalf of the particular public body has been filed and

22 is pending before a court or administrative tribunal, or

23 when the public body finds that an action is probable or

24 imminent, in which case the basis for the finding shall be

25 recorded and entered into the minutes of the closed

26 meeting.

09800HB4327ham001

- 4 -

LRB098 18752 KTG 57139 a

1 (12) The establishment of reserves or settlement of

2 claims as provided in the Local Governmental and

3 Governmental Employees Tort Immunity Act, if otherwise the

4 disposition of a claim or potential claim might be

5 prejudiced, or the review or discussion of claims, loss or

6 risk management information, records, data, advice or

7 communications from or with respect to any insurer of the

8 public body or any intergovernmental risk management

9 association or self insurance pool of which the public body

10 is a member.

11 (13) Conciliation of complaints of discrimination in

12 the sale or rental of housing, when closed meetings are

13 authorized by the law or ordinance prescribing fair housing

14 practices and creating a commission or administrative

15 agency for their enforcement.

16 (14) Informant sources, the hiring or assignment of

17 undercover personnel or equipment, or ongoing, prior or

18 future criminal investigations, when discussed by a public

19 body with criminal investigatory responsibilities.

20 (15) Professional ethics or performance when

21 considered by an advisory body appointed to advise a

22 licensing or regulatory agency on matters germane to the

23 advisory body's field of competence.

24 (16) Self evaluation, practices and procedures or

25 professional ethics, when meeting with a representative of

26 a statewide association of which the public body is a

09800HB4327ham001

- 5 -

LRB098 18752 KTG 57139 a

1 member.

2 (17) The recruitment, credentialing, discipline or

3 formal peer review of physicians or other health care

4 professionals for a hospital, or other institution

5 providing medical care, that is operated by the public

6 body.

7 (18) Deliberations for decisions of the Prisoner

8 Review Board.

9 (19) Review or discussion of applications received

10 under the Experimental Organ Transplantation Procedures

11 Act.

12 (20) The classification and discussion of matters

13 classified as confidential or continued confidential by

14 the State Government Suggestion Award Board.

15 (21) Discussion of minutes of meetings lawfully closed

16 under this Act, whether for purposes of approval by the

17 body of the minutes or semi-annual review of the minutes as

18 mandated by Section 2.06.

19 (22) Deliberations for decisions of the State

20 Emergency Medical Services Disciplinary Review Board.

21 (23) The operation by a municipality of a municipal

22 utility or the operation of a municipal power agency or

23 municipal natural gas agency when the discussion involves

24 (i) contracts relating to the purchase, sale, or delivery

25 of electricity or natural gas or (ii) the results or

26 conclusions of load forecast studies.

09800HB4327ham001

- 6 -

LRB098 18752 KTG 57139 a

1 (24) Meetings of a residential health care facility

2 resident sexual assault and death review team or the

3 Executive Council under the Abuse Prevention Review Team

4 Act.

5 (25) Meetings of an independent team of experts under

6 Brian's Law.

7 (26) Meetings of a mortality review team appointed

8 under the Department of Juvenile Justice Mortality Review

9 Team Act.

10 (27) (Blank).

11 (28) Correspondence and records (i) that may not be

12 disclosed under Section 11-9 of the Public Aid Code or (ii)

13 that pertain to appeals under Section 11-8 of the Public

14 Aid Code.

15 (29) Meetings between internal or external auditors

16 and governmental audit committees, finance committees, and

17 their equivalents, when the discussion involves internal

18 control weaknesses, identification of potential fraud risk

19 areas, known or suspected frauds, and fraud interviews

20 conducted in accordance with generally accepted auditing

21 standards of the United States of America.

22 (30) Those meetings or portions of meetings of a ~~an~~

23 ~~at-risk adult~~ fatality review team or the Illinois ~~At-Risk~~

24 ~~Adult~~ Fatality Review Team Advisory Council during which a

25 review of the death of an eligible adult in which abuse or

26 neglect is suspected, alleged, or substantiated is

09800HB4327ham001

- 7 -

LRB098 18752 KTG 57139 a

1 conducted pursuant to Section 15 of the Adult Protective

2 Services Act.

3 (31) ~~(30)~~ Meetings and deliberations for decisions of

4 the Concealed Carry Licensing Review Board under the

5 Firearm Concealed Carry Act.

6 (d) Definitions. For purposes of this Section:

7 "Employee" means a person employed by a public body whose

8 relationship with the public body constitutes an

9 employer-employee relationship under the usual common law

10 rules, and who is not an independent contractor.

11 "Public office" means a position created by or under the

12 Constitution or laws of this State, the occupant of which is

13 charged with the exercise of some portion of the sovereign

14 power of this State. The term "public office" shall include

15 members of the public body, but it shall not include

16 organizational positions filled by members thereof, whether

17 established by law or by a public body itself, that exist to

18 assist the body in the conduct of its business.

19 "Quasi-adjudicative body" means an administrative body

20 charged by law or ordinance with the responsibility to conduct

21 hearings, receive evidence or testimony and make

22 determinations based thereon, but does not include local

23 electoral boards when such bodies are considering petition

24 challenges.

25 (e) Final action. No final action may be taken at a closed

26 meeting. Final action shall be preceded by a public recital of

09800HB4327ham001

- 8 -

LRB098 18752 KTG 57139 a

1 the nature of the matter being considered and other information

2 that will inform the public of the business being conducted.

3 (Source: P.A. 97-318, eff. 1-1-12; 97-333, eff. 8-12-11;

4 97-452, eff. 8-19-11; 97-813, eff. 7-13-12; 97-876, eff.

5 8-1-12; 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; revised

6 7-23-13.)

7 Section 10. The Freedom of Information Act is amended by

8 changing Section 7.5 as follows:

9 (5 ILCS 140/7.5)

10 Sec. 7.5. Statutory Exemptions. To the extent provided for

11 by the statutes referenced below, the following shall be exempt

12 from inspection and copying:

13 (a) All information determined to be confidential under

14 Section 4002 of the Technology Advancement and Development Act.

15 (b) Library circulation and order records identifying

16 library users with specific materials under the Library Records

17 Confidentiality Act.

18 (c) Applications, related documents, and medical records

19 received by the Experimental Organ Transplantation Procedures

20 Board and any and all documents or other records prepared by

21 the Experimental Organ Transplantation Procedures Board or its

22 staff relating to applications it has received.

23 (d) Information and records held by the Department of

24 Public Health and its authorized representatives relating to

09800HB4327ham001

- 9 -

LRB098 18752 KTG 57139 a

1 known or suspected cases of sexually transmissible disease or

2 any information the disclosure of which is restricted under the

3 Illinois Sexually Transmissible Disease Control Act.

4 (e) Information the disclosure of which is exempted under

5 Section 30 of the Radon Industry Licensing Act.

6 (f) Firm performance evaluations under Section 55 of the

7 Architectural, Engineering, and Land Surveying Qualifications

8 Based Selection Act.

9 (g) Information the disclosure of which is restricted and

10 exempted under Section 50 of the Illinois Prepaid Tuition Act.

11 (h) Information the disclosure of which is exempted under

12 the State Officials and Employees Ethics Act, and records of

13 any lawfully created State or local inspector general's office

14 that would be exempt if created or obtained by an Executive

15 Inspector General's office under that Act.

16 (i) Information contained in a local emergency energy plan

17 submitted to a municipality in accordance with a local

18 emergency energy plan ordinance that is adopted under Section

19 11-21.5-5 of the Illinois Municipal Code.

20 (j) Information and data concerning the distribution of

21 surcharge moneys collected and remitted by wireless carriers

22 under the Wireless Emergency Telephone Safety Act.

23 (k) Law enforcement officer identification information or

24 driver identification information compiled by a law

25 enforcement agency or the Department of Transportation under

26 Section 11-212 of the Illinois Vehicle Code.

09800HB4327ham001

- 10 -

LRB098 18752 KTG 57139 a

1 (l) Records and information provided to a residential

2 health care facility resident sexual assault and death review

3 team or the Executive Council under the Abuse Prevention Review

4 Team Act.

5 (m) Information provided to the predatory lending database

6 created pursuant to Article 3 of the Residential Real Property

7 Disclosure Act, except to the extent authorized under that

8 Article.

9 (n) Defense budgets and petitions for certification of

10 compensation and expenses for court appointed trial counsel as

11 provided under Sections 10 and 15 of the Capital Crimes

12 Litigation Act. This subsection (n) shall apply until the

13 conclusion of the trial of the case, even if the prosecution

14 chooses not to pursue the death penalty prior to trial or

15 sentencing.

16 (o) Information that is prohibited from being disclosed

17 under Section 4 of the Illinois Health and Hazardous Substances

18 Registry Act.

19 (p) Security portions of system safety program plans,

20 investigation reports, surveys, schedules, lists, data, or

21 information compiled, collected, or prepared by or for the

22 Regional Transportation Authority under Section 2.11 of the

23 Regional Transportation Authority Act or the St. Clair County

24 Transit District under the Bi-State Transit Safety Act.

25 (q) Information prohibited from being disclosed by the

26 Personnel Records Review Act.

09800HB4327ham001

- 11 -

LRB098 18752 KTG 57139 a

1 (r) Information prohibited from being disclosed by the

2 Illinois School Student Records Act.

3 (s) Information the disclosure of which is restricted under

4 Section 5-108 of the Public Utilities Act.

5 (t) All identified or deidentified health information in

6 the form of health data or medical records contained in, stored

7 in, submitted to, transferred by, or released from the Illinois

8 Health Information Exchange, and identified or deidentified

9 health information in the form of health data and medical

10 records of the Illinois Health Information Exchange in the

11 possession of the Illinois Health Information Exchange

12 Authority due to its administration of the Illinois Health

13 Information Exchange. The terms "identified" and

14 "deidentified" shall be given the same meaning as in the Health

15 Insurance Accountability and Portability Act of 1996, Public

16 Law 104-191, or any subsequent amendments thereto, and any

17 regulations promulgated thereunder.

18 (u) Records and information provided to an independent team

19 of experts under Brian's Law.

20 (v) Names and information of people who have applied for or

21 received Firearm Owner's Identification Cards under the

22 Firearm Owners Identification Card Act or applied for or

23 received a concealed carry license under the Firearm Concealed

24 Carry Act, unless otherwise authorized by the Firearm Concealed

25 Carry Act; and databases under the Firearm Concealed Carry Act,

26 records of the Concealed Carry Licensing Review Board under the

09800HB4327ham001

- 12 -

LRB098 18752 KTG 57139 a

1 Firearm Concealed Carry Act, and law enforcement agency

2 objections under the Firearm Concealed Carry Act.

3 (w) Personally identifiable information which is exempted

4 from disclosure under subsection (g) of Section 19.1 of the

5 Toll Highway Act.

6 (x) Information which is exempted from disclosure under

7 Section 5-1014.3 of the Counties Code or Section 8-11-21 of the

8 Illinois Municipal Code.

9 (y) Confidential information under the Adult Protective

10 Services Act and its predecessor enabling statute, the Elder

11 Abuse and Neglect Act, including information about the identity

12 and administrative finding against any caregiver of a verified

13 and substantiated decision of significant abuse, neglect, or

14 financial exploitation of an eligible adult maintained in the

15 Department of Public Health's Health Care Worker Registry.

16 (z) Records and information provided to a ~~an at-risk adult~~

17 fatality review team or the Illinois ~~At-Risk Adult~~ Fatality

18 Review Team Advisory Council under Section 15 of the Adult

19 Protective Services Act.

20 (Source: P.A. 97-80, eff. 7-5-11; 97-333, eff. 8-12-11; 97-342,

21 eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, eff. 1-1-13; 98-49,

22 eff. 7-1-13; 98-63, eff. 7-9-13; revised 7-23-13.)

23 Section 15. The Adult Protective Services Act is amended by

24 changing Sections 2, 3.5, 4, 5, 7.5, 8, 9, 13, and 15 as

25 follows:

09800HB4327ham001

- 13 -

LRB098 18752 KTG 57139 a

1 (320 ILCS 20/2) (from Ch. 23, par. 6602)

2 Sec. 2. Definitions. As used in this Act, unless the

3 context requires otherwise:

4 (a) "Abuse" means causing any physical, mental or sexual

5 injury to an eligible adult, including exploitation of such

6 adult's financial resources.

7 Nothing in this Act shall be construed to mean that an

8 eligible adult is a victim of abuse, neglect, or self-neglect

9 for the sole reason that he or she is being furnished with or

10 relies upon treatment by spiritual means through prayer alone,

11 in accordance with the tenets and practices of a recognized

12 church or religious denomination.

13 Nothing in this Act shall be construed to mean that an

14 eligible adult is a victim of abuse because of health care

15 services provided or not provided by licensed health care

16 professionals.

17 (a-5) "Abuser" means a person who abuses, neglects, or

18 financially exploits an eligible adult.

19 (a-6) "Adult with disabilities" means a person aged 18

20 through 59 who resides in a domestic living situation and whose

21 disability as defined in subsection (c-5) impairs his or her

22 ability to seek or obtain protection from abuse, neglect, or

23 exploitation.

24 (a-7) "Caregiver" means a person who either as a result of

25 a family relationship, voluntarily, or in exchange for

09800HB4327ham001

- 14 -

LRB098 18752 KTG 57139 a

1 compensation has assumed responsibility for all or a portion of

2 the care of an eligible adult who needs assistance with

3 activities of daily living.

4 (b) "Department" means the Department on Aging of the State

5 of Illinois.

6 (c) "Director" means the Director of the Department.

7 (c-5) "Disability" means a physical or mental disability,

8 including, but not limited to, a developmental disability, an

9 intellectual disability, a mental illness as defined under the

10 Mental Health and Developmental Disabilities Code, or dementia

11 as defined under the Alzheimer's Disease Assistance Act.

12 (d) "Domestic living situation" means a residence where the

13 eligible adult at the time of the report lives alone or with

14 his or her family or a caregiver, or others, or other

15 community-based unlicensed facility, but is not:

16 (1) A licensed facility as defined in Section 1-113 of

17 the Nursing Home Care Act;

18 (1.5) A facility licensed under the ID/DD Community

19 Care Act;

20 (1.7) A facility licensed under the Specialized Mental

21 Health Rehabilitation Act of 2013;

22 (2) A "life care facility" as defined in the Life Care

23 Facilities Act;

24 (3) A home, institution, or other place operated by the

25 federal government or agency thereof or by the State of

26 Illinois;

09800HB4327ham001

- 15 -

LRB098 18752 KTG 57139 a

1 (4) A hospital, sanitarium, or other institution, the

2 principal activity or business of which is the diagnosis,

3 care, and treatment of human illness through the

4 maintenance and operation of organized facilities

5 therefor, which is required to be licensed under the

6 Hospital Licensing Act;

7 (5) A "community living facility" as defined in the

8 Community Living Facilities Licensing Act;

9 (6) (Blank);

10 (7) A "community-integrated living arrangement" as

11 defined in the Community-Integrated Living Arrangements

12 Licensure and Certification Act or a "community

13 residential alternative" as licensed under that Act;

14 (8) An assisted living or shared housing establishment

15 as defined in the Assisted Living and Shared Housing Act;

16 or

17 (9) A supportive living facility as described in

18 Section 5-5.01a of the Illinois Public Aid Code.

19 (e) "Eligible adult" means either an adult with

20 disabilities aged 18 through 59 or a person aged 60 or older

21 who resides in a domestic living situation and is, or is

22 alleged to be, abused, neglected, or financially exploited by

23 another individual or who neglects himself or herself.

24 (f) "Emergency" means a situation in which an eligible

25 adult is living in conditions presenting a risk of death or

26 physical, mental or sexual injury and the provider agency has

09800HB4327ham001

- 16 -

LRB098 18752 KTG 57139 a

1 reason to believe the eligible adult is unable to consent to

2 services which would alleviate that risk.

3 (f-1) "Financial exploitation" means the use of an eligible

4 adult's resources by another to the disadvantage of that adult

5 or the profit or advantage of a person other than that adult.

6 (f-5) "Mandated reporter" means any of the following

7 persons while engaged in carrying out their professional

8 duties:

9 (1) a professional or professional's delegate while

10 engaged in: (i) social services, (ii) law enforcement,

11 (iii) education, (iv) the care of an eligible adult or

12 eligible adults, or (v) any of the occupations required to

13 be licensed under the Clinical Psychologist Licensing Act,

14 the Clinical Social Work and Social Work Practice Act, the

15 Illinois Dental Practice Act, the Dietitian Nutritionist

16 Practice Act, the Marriage and Family Therapy Licensing

17 Act, the Medical Practice Act of 1987, the Naprapathic

18 Practice Act, the Nurse Practice Act, the Nursing Home

19 Administrators Licensing and Disciplinary Act, the

20 Illinois Occupational Therapy Practice Act, the Illinois

21 Optometric Practice Act of 1987, the Pharmacy Practice Act,

22 the Illinois Physical Therapy Act, the Physician Assistant

23 Practice Act of 1987, the Podiatric Medical Practice Act of

24 1987, the Respiratory Care Practice Act, the Professional

25 Counselor and Clinical Professional Counselor Licensing

26 and Practice Act, the Illinois Speech-Language Pathology

09800HB4327ham001

- 17 -

LRB098 18752 KTG 57139 a

1 and Audiology Practice Act, the Veterinary Medicine and

2 Surgery Practice Act of 2004, and the Illinois Public

3 Accounting Act;

4 (1.5) an employee of an entity providing developmental

5 disabilities services or service coordination funded by

6 the Department of Human Services;

7 (2) an employee of a vocational rehabilitation

8 facility prescribed or supervised by the Department of

9 Human Services;

10 (3) an administrator, employee, or person providing

11 services in or through an unlicensed community based

12 facility;

13 (4) any religious practitioner who provides treatment

14 by prayer or spiritual means alone in accordance with the

15 tenets and practices of a recognized church or religious

16 denomination, except as to information received in any

17 confession or sacred communication enjoined by the

18 discipline of the religious denomination to be held

19 confidential;

20 (5) field personnel of the Department of Healthcare and

21 Family Services, Department of Public Health, and

22 Department of Human Services, and any county or municipal

23 health department;

24 (6) personnel of the Department of Human Services, the

25 Guardianship and Advocacy Commission, the State Fire

26 Marshal, local fire departments, the Department on Aging

09800HB4327ham001

- 18 -

LRB098 18752 KTG 57139 a

1 and its subsidiary Area Agencies on Aging and provider

2 agencies, and the Office of State Long Term Care Ombudsman;

3 (7) any employee of the State of Illinois not otherwise

4 specified herein who is involved in providing services to

5 eligible adults, including professionals providing medical

6 or rehabilitation services and all other persons having

7 direct contact with eligible adults;

8 (8) a person who performs the duties of a coroner or

9 medical examiner; or

10 (9) a person who performs the duties of a paramedic or

11 an emergency medical technician.

12 (g) "Neglect" means another individual's failure to

13 provide an eligible adult with or willful withholding from an

14 eligible adult the necessities of life including, but not

15 limited to, food, clothing, shelter or health care. This

16 subsection does not create any new affirmative duty to provide

17 support to eligible adults. Nothing in this Act shall be

18 construed to mean that an eligible adult is a victim of neglect

19 because of health care services provided or not provided by

20 licensed health care professionals.

21 (h) "Provider agency" means any public or nonprofit agency

22 in a planning and service areathat is selected by the

23 Department or appointed by the regional administrative agency

24 with prior approval by the Department on Aging to receive and

25 assess reports of alleged or suspected abuse, neglect, or

26 financial exploitation. A provider agency is also referenced as

09800HB4327ham001

- 19 -

LRB098 18752 KTG 57139 a

1 a "designated agency" in this Act.

2 (i) "Regional administrative agency" means any public or

3 nonprofit agency in a planning and service areathat provides

4 regional oversight and performs functions as set forth in

5 subsection (b) of Section 3 of this Act. The Department may

6 serve as the regional administrative agency or it may designate

7 an Area Agency on Aging or another qualified entity to serve as

8 the regional administrative agency; such designation shall be

9 subject to terms set forth by the Department. ~~so designated by~~

10 ~~the Department, provided that the designated Area Agency on~~

11 ~~Aging shall be designated the regional administrative agency if~~

12 ~~it so requests. The Department shall assume the functions of~~

13 ~~the regional administrative agency for any planning and service~~

14 ~~area where another agency is not so designated.~~

15 (i-5) "Self-neglect" means a condition that is the result

16 of an eligible adult's inability, due to physical or mental

17 impairments, or both, or a diminished capacity, to perform

18 essential self-care tasks that substantially threaten his or

19 her own health, including: providing essential food, clothing,

20 shelter, and health care; and obtaining goods and services

21 necessary to maintain physical health, mental health,

22 emotional well-being, and general safety. The term includes

23 compulsive hoarding, which is characterized by the acquisition

24 and retention of large quantities of items and materials that

25 produce an extensively cluttered living space, which

26 significantly impairs the performance of essential self-care

09800HB4327ham001

- 20 -

LRB098 18752 KTG 57139 a

1 tasks or otherwise substantially threatens life or safety.

2 (j) "Substantiated case" means a reported case of alleged

3 or suspected abuse, neglect, financial exploitation, or

4 self-neglect in which a provider agency, after assessment,

5 determines that there is reason to believe abuse, neglect, or

6 financial exploitation has occurred.

7 (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-300,

8 eff. 8-11-11; 97-706, eff. 6-25-12; 97-813, eff. 7-13-12;

9 97-1141, eff. 12-28-12; 98-49, eff. 7-1-13; 98-104, eff.

10 7-22-13; revised 9-19-13.)

11 (320 ILCS 20/3.5)

12 Sec. 3.5. Other Responsibilities. The Department shall

13 also be responsible for the following activities, contingent

14 upon adequate funding; implementation shall be expanded to

15 adults with disabilities upon the effective date of this

16 amendatory Act of the 98th General Assembly, except those

17 responsibilities under subsection (a), which shall be

18 undertaken as soon as practicable:

19 (a) promotion of a wide range of endeavors for the

20 purpose of preventing abuse, neglect, financial

21 exploitation, and self-neglect, including, but not limited

22 to, promotion of public and professional education to

23 increase awareness of abuse, neglect, financial

24 exploitation, and self-neglect; to increase reports; to

25 establish access to and use of the ~~Health Care Worker~~

09800HB4327ham001

- 21 -

LRB098 18752 KTG 57139 a

1 Registry established under Section 7.5; and to improve

2 response by various legal, financial, social, and health

3 systems;

4 (b) coordination of efforts with other agencies,

5 councils, and like entities, to include but not be limited

6 to, the Administrative Office of the Illinois Courts, the

7 Office of the Attorney General, the State Police, the

8 Illinois Law Enforcement Training Standards Board, the

9 State Triad, the Illinois Criminal Justice Information

10 Authority, the Departments of Public Health, Healthcare

11 and Family Services, and Human Services, the Illinois

12 Guardianship and Advocacy Commission, the Family Violence

13 Coordinating Council, the Illinois Violence Prevention

14 Authority, and other entities which may impact awareness

15 of, and response to, abuse, neglect, financial

16 exploitation, and self-neglect;

17 (c) collection and analysis of data;

18 (d) monitoring of the performance of regional

19 administrative agencies and adult protective services

20 agencies;

21 (e) promotion of prevention activities;

22 (f) establishing and coordinating an aggressive

23 training program on the unique nature of adult abuse cases

24 with other agencies, councils, and like entities, to

25 include but not be limited to the Office of the Attorney

26 General, the State Police, the Illinois Law Enforcement

09800HB4327ham001

- 22 -

LRB098 18752 KTG 57139 a

1 Training Standards Board, the State Triad, the Illinois

2 Criminal Justice Information Authority, the State

3 Departments of Public Health, Healthcare and Family

4 Services, and Human Services, the Family Violence

5 Coordinating Council, the Illinois Violence Prevention

6 Authority, the agency designated by the Governor under

7 Section 1 of the Protection and Advocacy for

8 Developmentally Disabled Persons Act, and other entities

9 that may impact awareness of and response to abuse,

10 neglect, financial exploitation, and self-neglect;

11 (g) solicitation of financial institutions for the

12 purpose of making information available to the general

13 public warning of financial exploitation of adults and

14 related financial fraud or abuse, including such

15 information and warnings available through signage or

16 other written materials provided by the Department on the

17 premises of such financial institutions, provided that the

18 manner of displaying or distributing such information is

19 subject to the sole discretion of each financial

20 institution;

21 (g-1) developing by joint rulemaking with the

22 Department of Financial and Professional Regulation

23 minimum training standards which shall be used by financial

24 institutions for their current and new employees with

25 direct customer contact; the Department of Financial and

26 Professional Regulation shall retain sole visitation and

09800HB4327ham001

- 23 -

LRB098 18752 KTG 57139 a

1 enforcement authority under this subsection (g-1); the

2 Department of Financial and Professional Regulation shall

3 provide bi-annual reports to the Department setting forth

4 aggregate statistics on the training programs required

5 under this subsection (g-1); and

6 (h) coordinating efforts with utility and electric

7 companies to send notices in utility bills to explain to

8 persons 60 years of age or older their rights regarding

9 telemarketing and home repair fraud.

10 (Source: P.A. 98-49, eff. 7-1-13.)

11 (320 ILCS 20/4) (from Ch. 23, par. 6604)

12 Sec. 4. Reports of abuse or neglect.

13 (a) Any person who suspects the abuse, neglect, financial

14 exploitation, or self-neglect of an eligible adult may report

15 this suspicion to an agency designated to receive such reports

16 under this Act or to the Department.

17 (a-5) If any mandated reporter has reason to believe that

18 an eligible adult, who because of a disability or other

19 condition or impairment is unable to seek assistance for

20 himself or herself, has, within the previous 12 months, been

21 subjected to abuse, neglect, or financial exploitation, the

22 mandated reporter shall, within 24 hours after developing such

23 belief, report this suspicion to an agency designated to

24 receive such reports under this Act or to the Department. The

25 agency designated to receive such reports under this Act or the

09800HB4327ham001

- 24 -

LRB098 18752 KTG 57139 a

1 Department may establish a manner in which a mandated reporter

2 can make the required report through an Internet reporting

3 tool. Information sent and received through the Internet

4 reporting tool is subject to the same rules in this Act as

5 other types of confidential reporting established by the

6 designated agency or the Department. Whenever a mandated

7 reporter is required to report under this Act in his or her

8 capacity as a member of the staff of a medical or other public

9 or private institution, facility, or agency, he or she shall

10 make a report to an agency designated to receive such reports

11 under this Act or to the Department in accordance with the

12 provisions of this Act and may also notify the person in charge

13 of the institution, facility,~~board and care home,~~ or agency or

14 his or her designated agent that the report has been made.

15 Under no circumstances shall any person in charge of such

16 institution, facility, ~~board and care home,~~ or agency, or his

17 or her designated agent to whom the notification has been made,

18 exercise any control, restraint, modification, or other change

19 in the report or the forwarding of the report to an agency

20 designated to receive such reports under this Act or to the

21 Department. The privileged quality of communication between

22 any professional person required to report and his or her

23 patient or client shall not apply to situations involving

24 abused, neglected, or financially exploited eligible adults

25 and shall not constitute grounds for failure to report as

26 required by this Act.

09800HB4327ham001

- 25 -

LRB098 18752 KTG 57139 a

1 (a-7) A person making a report under this Act in the belief

2 that it is in the alleged victim's best interest shall be

3 immune from criminal or civil liability or professional

4 disciplinary action on account of making the report,

5 notwithstanding any requirements concerning the

6 confidentiality of information with respect to such eligible

7 adult which might otherwise be applicable.

8 (a-9) Law enforcement officers shall continue to report

9 incidents of alleged abuse pursuant to the Illinois Domestic

10 Violence Act of 1986, notwithstanding any requirements under

11 this Act.

12 (b) Any person, institution or agency participating in the

13 making of a report, providing information or records related to

14 a report, assessment, or services, or participating in the

15 investigation of a report under this Act in good faith, or

16 taking photographs or x-rays as a result of an authorized

17 assessment, shall have immunity from any civil, criminal or

18 other liability in any civil, criminal or other proceeding

19 brought in consequence of making such report or assessment or

20 on account of submitting or otherwise disclosing such

21 photographs or x-rays to any agency designated to receive

22 reports of alleged or suspected abuse or neglect. Any person,

23 institution or agency authorized by the Department to provide

24 assessment, intervention, or administrative services under

25 this Act shall, in the good faith performance of those

26 services, have immunity from any civil, criminal or other

09800HB4327ham001

- 26 -

LRB098 18752 KTG 57139 a

1 liability in any civil, criminal, or other proceeding brought

2 as a consequence of the performance of those services. For the

3 purposes of any civil, criminal, or other proceeding, the good

4 faith of any person required to report, permitted to report, or

5 participating in an investigation of a report of alleged or

6 suspected abuse, neglect, financial exploitation, or

7 self-neglect shall be presumed.

8 (c) The identity of a person making a report of alleged or

9 suspected abuse, neglect, financial exploitation, or

10 self-neglect under this Act may be disclosed by the Department

11 or other agency provided for in this Act only with such

12 person's written consent or by court order, but is otherwise

13 confidential.

14 (d) The Department shall by rule establish a system for

15 filing and compiling reports made under this Act.

16 (e) Any physician who willfully fails to report as required

17 by this Act shall be referred to the Illinois State Medical

18 Disciplinary Board for action in accordance with subdivision

19 (A)(22) of Section 22 of the Medical Practice Act of 1987. Any

20 dentist or dental hygienist who willfully fails to report as

21 required by this Act shall be referred to the Department of

22 Professional Regulation for action in accordance with

23 paragraph 19 of Section 23 of the Illinois Dental Practice Act.

24 Any optometrist who willfully fails to report as required by

25 this Act shall be referred to the Department of Financial and

26 Professional Regulation for action in accordance with

09800HB4327ham001

- 27 -

LRB098 18752 KTG 57139 a

1 paragraph (15) of subsection (a) of Section 24 of the Illinois

2 Optometric Practice Act of 1987. Any other mandated reporter

3 required by this Act to report suspected abuse, neglect, or

4 financial exploitation who willfully fails to report the same

5 is guilty of a Class A misdemeanor.

6 (Source: P.A. 97-860, eff. 7-30-12; 98-49, eff. 7-1-13.)

7 (320 ILCS 20/5) (from Ch. 23, par. 6605)

8 Sec. 5. Procedure.

9 (a) A provider agency designated to receive reports of

10 alleged or suspected abuse, neglect, financial exploitation,

11 or self-neglect under this Act shall, upon receiving such a

12 report, conduct a face-to-face assessment with respect to such

13 report, in accord with established law and Department

14 protocols, procedures, and policies. Face-to-face assessments,

15 casework, and follow-up of reports of self-neglect by the

16 provider agencies designated to receive reports of

17 self-neglect shall be subject to sufficient appropriation for

18 statewide implementation of assessments, casework, and

19 follow-up of reports of self-neglect. In the absence of

20 sufficient appropriation for statewide implementation of

21 assessments, casework, and follow-up of reports of

22 self-neglect, the designated adult protective services

23 provider agency shall refer all reports of self-neglect to the

24 appropriate agency or agencies as designated by the Department

25 for any follow-up. The assessment shall include, but not be

09800HB4327ham001

- 28 -

LRB098 18752 KTG 57139 a

1 limited to, a visit to the residence of the eligible adult who

2 is the subject of the report and may include interviews or

3 consultations with service agencies or individuals who may have

4 knowledge of the eligible adult's circumstances. If, after the

5 assessment, the provider agency determines that the case is

6 substantiated it shall develop a service care plan for the

7 eligible adult and may report its findings at any time during

8 the case to the appropriate law enforcement agency in accord

9 with established law and Department protocols, procedures, and

10 policies. In developing a case plan, the provider agency may

11 consult with any other appropriate provider of services, and

12 such providers shall be immune from civil or criminal liability

13 on account of such acts. The plan shall include alternative

14 suggested or recommended services which are appropriate to the

15 needs of the eligible adult and which involve the least

16 restriction of the eligible adult's activities commensurate

17 with his or her needs. Only those services to which consent is

18 provided in accordance with Section 9 of this Act shall be

19 provided, contingent upon the availability of such services.

20 (b) A provider agency shall refer evidence of crimes

21 against an eligible adult to the appropriate law enforcement

22 agency according to Department policies. A referral to law

23 enforcement may be made at intake or any time during the case.

24 Where a provider agency has reason to believe the death of an

25 eligible adult may be the result of abuse or neglect, the

26 agency shall immediately report the matter to the coroner or

09800HB4327ham001

- 29 -

LRB098 18752 KTG 57139 a

1 medical examiner and shall cooperate fully with any subsequent

2 investigation.

3 (c) If any person other than the alleged victim refuses to

4 allow the provider agency to begin an investigation, interferes

5 with the provider agency's ability to conduct an investigation,

6 or refuses to give access to an eligible adult, the appropriate

7 law enforcement agency must be consulted regarding the

8 investigation.

9 (Source: P.A. 98-49, eff. 7-1-13.)

10 (320 ILCS 20/7.5)

11 Sec. 7.5. ~~Health Care Worker~~ Registry.

12 (a) To protect individuals receiving in-home and

13 community-based services, the Department on Aging shall

14 establish a Registry effective January 1, 2015.

15 (a-5) The Registry shall identify individuals against whom

16 a verified and substantiated finding was made under this Act of

17 significant abuse, neglect, or financial exploitation while

18 working for or compensated with public funds from certain

19 agencies of the State or while working for a provider that is

20 licensed, certified, or regulated by, or paid with public funds

21 from these agencies as set forth in subsection (a-10) of this

22 Section.

23 The information in the Registry shall be confidential

24 except as specifically authorized in this Act and shall not be

25 deemed a public record.

09800HB4327ham001

- 30 -

LRB098 18752 KTG 57139 a

1 (a-10) ~~(a)~~ Reporting to the Registry. The Department on

2 Aging shall report to the ~~to the Department of Public Health's~~

3 ~~Health Care Worker~~ Registry the identity of the caregiver when

4 a ~~and administrative~~ finding of a verified and substantiated

5 decision of significant abuse, neglect, or financial

6 exploitation of an eligible adult under this Act ~~that~~ is made

7 against a caregiver who works for, is regulated by, or

8 compensated with public funds from the Department on Aging, the

9 Department of Healthcare and Family Services, the Department of

10 Human Services, or the Department of Public Health or who works

11 for ~~any caregiver , including consultants and volunteers,~~

12 ~~employed by~~ a provider licensed, certified, or regulated by, or

13 paid with public funds from any of these State agencies, ~~the~~

14 ~~Department of Public Health, Healthcare and Family Services, or~~

15 ~~Human Services, or the Department on Aging. For uncompensated~~

16 ~~or privately paid caregivers, the Department on Aging shall~~

17 ~~report only a verified and substantiated decision of~~

18 ~~significant abuse, neglect, or financial exploitation of an~~

19 ~~eligible adult under this Act~~.

20 A ~~An administrative~~ finding against a caregiver that is

21 placed in the Registry shall preclude that ~~any~~ caregiver from

22 providing direct care, as defined in this Section ~~access or~~

23 ~~other services, including consulting and volunteering~~, in a

24 position with the Department on Aging, the Department of

25 Healthcare and Family Services, the Department of Human

26 Services, or the Department of Public Health or providers

09800HB4327ham001

- 31 -

LRB098 18752 KTG 57139 a

1 thereof as described in this subsection ~~a provider that is~~

2 ~~licensed, certified, or regulated by, or paid with public funds~~

3 ~~from or on behalf of, the State of Illinois or any Department~~

4 ~~thereof, that permits the caregiver direct access to an adult~~

5 ~~aged 60 or older or an adult, over 18, with a disability or to~~

6 ~~that individual's living quarters or personal, financial, or~~

7 ~~medical records~~.

8 (b) Definitions. As used in this Section:

9 "Direct care" includes, but is not limited to, direct

10 access to a person aged 60 or older or to an adult with

11 disabilities aged 18 through 59 ~~to an individual~~, his or her

12 living quarters, or his or her personal, financial, or medical

13 records for the purpose of providing nursing care or assistance

14 with feeding, dressing, movement, bathing, toileting, other

15 personal needs and activities of daily living, or assistance

16 with financial transactions.

17 ~~"Privately paid caregiver" means any caregiver who has been~~

18 ~~paid with resources other than public funds, regardless of~~

19 ~~licensure, certification, or regulation by the State of~~

20 ~~Illinois and any Department thereof. A privately paid caregiver~~

21 ~~does not include any caregiver that has been licensed,~~

22 ~~certified, or regulated by a State agency, or paid with public~~

23 ~~funds.~~

24 "Significant" means a finding of abuse, neglect, or

25 financial exploitation as determined by the Department that (i)

26 represents a substantial ~~meaningful~~ failure to adequately

09800HB4327ham001

- 32 -

LRB098 18752 KTG 57139 a

1 provide for, or a material indifference to, the financial,

2 health, safety, or medical needs of an eligible adult or (ii)

3 results in an eligible adult's death or other serious

4 deterioration of an eligible adult's financial resources,

5 physical condition, or mental condition.

6 ~~"Uncompensated caregiver" means a caregiver who, in an~~

7 ~~informal capacity, assists an eligible adult with activities of~~

8 ~~daily living, financial transactions, or chore housekeeping~~

9 ~~type duties. "Uncompensated caregiver" does not refer to an~~

10 ~~individual serving in a formal capacity as a volunteer with a~~

11 ~~provider licensed, certified, or regulated by a State agency.~~

12 (c) Access to and use of the Registry. Access to the

13 Registry shall be limited to the Department on Aging, the

14 Department of Healthcare and Family Services, the Department of

15 Human Services, and the Department of Public Health and

16 providers of direct care as described in subsection (a-10) of

17 this Section. These State agencies and providers ~~licensed,~~

18 ~~certified, or regulated providers by the Department of Public~~

19 ~~Health, Healthcare and Family Service, or Human Services, or~~

20 ~~the Department on Aging. The State of Illinois, any Department~~

21 ~~thereof, or a provider licensed, certified, or regulated, or~~

22 ~~paid with public funds by, from, or on behalf of the Department~~

23 ~~of Public Health, Healthcare and Family Services, or Human~~

24 ~~Services, or the Department on Aging,~~ shall not hire, ~~or~~

25 compensate, or utilize the services of any person seeking

26 ~~employment, retain any contractors, or accept any volunteers~~ to

09800HB4327ham001

- 33 -

LRB098 18752 KTG 57139 a

1 provide direct care without first conducting an online check of

2 whether the person has been placed on the Registry ~~the person~~

3 ~~through the Department of Public Health's Health Care Worker~~

4 ~~Registry~~. These State agencies and providers ~~The provider~~ shall

5 maintain a copy of the results of the online check to

6 demonstrate compliance with this requirement. These State

7 agencies and providers are ~~The provider is~~ prohibited from

8 retaining, hiring, compensating, or utilizing the services of

9 ~~accepting~~ a person to provide direct care if ~~, including as a~~

10 ~~consultant or volunteer, for whom~~ the online check of the

11 person reveals a verified and substantiated claim of

12 significant abuse, neglect, or financial exploitation or when

13 they otherwise gain knowledge of such a finding ~~, to provide~~

14 ~~direct access to any adult aged 60 or older or any adult, over~~

15 ~~18, with a disability. Additionally, a provider is prohibited~~

16 ~~from retaining a person for whom they gain knowledge of a~~

17 ~~verified and substantiated claim of abuse, neglect, or~~

18 ~~financial exploitation in a position that permits the caregiver~~

19 ~~direct access to provide direct care to any adult aged 60 or~~

20 ~~older or any adult, over 18, with a disability or direct access~~

21 ~~to that individual's living quarters or personal, financial, or~~

22 ~~medical records~~. Failure to comply with this requirement may

23 subject such a provider to corrective action by the appropriate

24 regulatory agency or other lawful remedies provided under the

25 applicable licensure, certification, or regulatory laws and

26 rules.

09800HB4327ham001

- 34 -

LRB098 18752 KTG 57139 a

1 (d) Notice to caregiver. The Department on Aging shall

2 establish rules concerning notice to the caregiver in cases of

3 a verified and substantiated finding of significant abuse,

4 neglect, or financial exploitation against him or her.

5 (e) Notification to eligible adults, guardians, or agents.

6 As part of its investigation, the Department on Aging shall

7 notify an eligible adult, or an eligible adult's guardian or

8 agent, that his or her ~~a~~ caregiver's name may be placed on the

9 Registry based on a finding as described in subsection (a-10)

10 ~~(a-1)~~ of this Section.

11 (f) Notification to employer. The Department on Aging shall

12 notify the appropriate State agency or provider of direct care,

13 when ~~A provider licensed, certified, or regulated by the~~

14 ~~Department of Public Health, Healthcare and Family Services, or~~

15 ~~Human Services, or the Department on Aging shall be notified of~~

16 ~~an administrative finding against any caregiver who is an~~

17 ~~employee, consultant, or volunteer of~~ a verified and

18 substantiated finding ~~decision~~ of significant abuse, neglect,

19 or financial exploitation of an eligible adult under this Act

20 is made against a caregiver. If there is an imminent risk of

21 danger to the eligible adult or an imminent risk of misuse of

22 personal, medical, or financial information, the caregiver

23 shall immediately be barred from providing direct care or

24 having direct access to the eligible adult, ~~his or her living~~

25 ~~quarters, or his or her personal, financial, or medical~~

26 ~~records,~~ pending the outcome of any challenge, criminal

09800HB4327ham001

- 35 -

LRB098 18752 KTG 57139 a

1 prosecution, or other type of collateral action.

2 (g) Caregiver challenges. The Department on Aging shall

3 establish, by rule, procedures concerning caregiver challenges

4 to placement on the Registry.

5 (h) Caregiver's rights to collateral action. The

6 Department on Aging shall not make any report to the Registry

7 if a caregiver notifies the Department in writing~~, including~~

8 ~~any supporting documentation,~~ that he or she is formally

9 challenging an adverse employment action resulting from a

10 verified and substantiated finding of significant abuse,

11 neglect, or financial exploitation by complaint filed with the

12 Illinois Civil Service Commission, or by another means which

13 seeks to enforce the caregiver's rights pursuant to any

14 applicable collective bargaining agreement. If an action taken

15 by an employer against a caregiver as a result of a finding of

16 significant abuse, neglect, or financial exploitation is

17 overturned through an action filed with the Illinois Civil

18 Service Commission or under any applicable collective

19 bargaining agreement after that caregiver's name has already

20 been sent to the Registry, the caregiver's name shall be

21 removed from the Registry.

22 (i) Removal from Registry. At any time after a report to

23 the Registry, but no more than once in each successive 3-year

24 period thereafter, for a maximum of 3 such requests, a

25 caregiver may ~~write to the Director of the Department on Aging~~

26 ~~to~~ request removal of his or her name from the Registry in

09800HB4327ham001

- 36 -

LRB098 18752 KTG 57139 a

1 relationship to a single incident. The caregiver shall bear the

2 burden of establishing ~~showing cause that establishes~~, by a

3 preponderance of the evidence, that removal of his or her name

4 from the Registry is in the public interest. Upon receiving

5 such a request, the Department on Aging shall conduct an

6 investigation and consider any evidentiary material provided.

7 The Department shall issue a decision either granting or

8 denying removal ~~within 60 calendar days, and shall issue such~~

9 ~~decision~~ to the caregiver and report it to the Registry. ~~The~~

10 ~~waiver process at the Department of Public Health does not~~

11 ~~apply to Registry reports from the Department on Aging.~~ The

12 Department ~~on Aging~~ shall establish standards for requesting

13 the removal of a name from the Registry by rule.

14 (j) Referral of Registry reports to health care facilities.

15 In the event an eligible adult receiving services from a

16 provider agency changes his or her residence from a domestic

17 living situation to that of a health care or long term care

18 facility, the provider agency shall use reasonable efforts to

19 promptly inform the ~~health care~~ facility and the appropriate

20 Regional Long Term Care Ombudsman about any Registry reports

21 relating to the eligible adult. For purposes of this Section, a

22 health care and long term care facility includes, but is not

23 limited to, any residential facility licensed, certified, or

24 regulated by the Department of Public Health, Healthcare and

25 Family Services, or Human Services.

26 (k) The Department on Aging shall have immunity from any

09800HB4327ham001

- 37 -

LRB098 18752 KTG 57139 a

1 liability, civil or criminal, for reporting information to the

2 Registry.

3 (Source: P.A. 98-49, eff. 1-1-14; revised 11-12-13.)

4 (320 ILCS 20/8) (from Ch. 23, par. 6608)

5 Sec. 8. Access to records. All records concerning reports

6 of abuse, neglect, financial exploitation, or self-neglect and

7 all records generated as a result of such reports shall be

8 confidential and shall not be disclosed except as specifically

9 authorized by this Act or other applicable law. In accord with

10 established law and Department protocols, procedures, and

11 policies, access to such records, but not access to the

12 identity of the person or persons making a report of alleged

13 abuse, neglect, financial exploitation, or self-neglect as

14 contained in such records, shall be provided, upon request, to

15 the following persons and for the following persons:

16 (1) Department staff, provider agency staff, other

17 aging network staff, and regional administrative agency

18 staff, including staff of the Chicago Department on Aging

19 while that agency is designated as a regional

20 administrative agency, in the furtherance of their

21 responsibilities under this Act;

22 (2) A law enforcement agency investigating known or

23 suspected abuse, neglect, financial exploitation, or

24 self-neglect. Where a provider agency has reason to believe

25 that the death of an eligible adult may be the result of

09800HB4327ham001

- 38 -

LRB098 18752 KTG 57139 a

1 abuse or neglect, including any reports made after death,

2 the agency shall immediately provide the appropriate law

3 enforcement agency with all records pertaining to the

4 eligible adult;

5 (2.5) A law enforcement agency, fire department

6 agency, or fire protection district having proper

7 jurisdiction pursuant to a written agreement between a

8 provider agency and the law enforcement agency, fire

9 department agency, or fire protection district under which

10 the provider agency may furnish to the law enforcement

11 agency, fire department agency, or fire protection

12 district a list of all eligible adults who may be at

13 imminent risk of abuse, neglect, financial exploitation,

14 or self-neglect;

15 (3) A physician who has before him or her or who is

16 involved in the treatment of an eligible adult whom he or

17 she reasonably suspects may be abused, neglected,

18 financially exploited, or self-neglected or who has been

19 referred to the Adult Protective Services Program;

20 (4) An eligible adult reported to be abused, neglected,

21 financially exploited, or self-neglected, or such adult's

22 authorized guardian or agent, unless such guardian or agent

23 is the abuser or the alleged abuser;

24 (4.5) An executor or administrator of the estate of an

25 eligible adult who is deceased;

26 (5) In cases regarding abuse, neglect, or financial

09800HB4327ham001

- 39 -

LRB098 18752 KTG 57139 a

1 exploitation, a court or a guardian ad litem, upon its or

2 his or her finding that access to such records may be

3 necessary for the determination of an issue before the

4 court. However, such access shall be limited to an in

5 camera inspection of the records, unless the court

6 determines that disclosure of the information contained

7 therein is necessary for the resolution of an issue then

8 pending before it;

9 (5.5) In cases regarding self-neglect, a guardian ad

10 litem;

11 (6) A grand jury, upon its determination that access to

12 such records is necessary in the conduct of its official

13 business;

14 (7) Any person authorized by the Director, in writing,

15 for audit or bona fide research purposes;

16 (8) A coroner or medical examiner who has reason to

17 believe that an eligible adult has died as the result of

18 abuse, neglect, financial exploitation, or self-neglect.

19 The provider agency shall immediately provide the coroner

20 or medical examiner with all records pertaining to the

21 eligible adult;

22 (8.5) A coroner or medical examiner having proper

23 jurisdiction, pursuant to a written agreement between a

24 provider agency and the coroner or medical examiner, under

25 which the provider agency may furnish to the office of the

26 coroner or medical examiner a list of all eligible adults

09800HB4327ham001

- 40 -

LRB098 18752 KTG 57139 a

1 who may be at imminent risk of death as a result of abuse,

2 neglect, financial exploitation, or self-neglect;

3 (9) Department of Financial and Professional

4 Regulation staff and members of the Illinois Medical

5 Disciplinary Board or the Social Work Examining and

6 Disciplinary Board in the course of investigating alleged

7 violations of the Clinical Social Work and Social Work

8 Practice Act by provider agency staff or other licensing

9 bodies at the discretion of the Director of the Department

10 on Aging;

11 (9-a) Department of Healthcare and Family Services

12 staff when that Department is funding services to the

13 eligible adult, including access to the identity of the

14 eligible adult;

15 (9-b) Department of Human Services staff when that

16 Department is funding services to the eligible adult or is

17 providing reimbursement for services provided by the

18 abuser or alleged abuser, including access to the identity

19 of the eligible adult;

20 (10) Hearing officers in the course of conducting an

21 administrative hearing under this Act; parties to such

22 hearing shall be entitled to discovery as established by

23 rule; ~~to determine whether a verified and substantiated~~

24 ~~finding of significant abuse, neglect, or financial~~

25 ~~exploitation of an eligible adult by a caregiver warrants~~

26 ~~reporting to the Health Care Worker Registry; and~~

09800HB4327ham001

- 41 -

LRB098 18752 KTG 57139 a

1 (11) A caregiver who challenges placement on the

2 Registry shall be given the statement of allegations in the

3 abuse report and the substantiation decision in the final

4 investigative report; and

5 (12) ~~(11)~~ The Illinois Guardianship and Advocacy

6 Commission and the agency designated by the Governor under

7 Section 1 of the Protection and Advocacy for

8 Developmentally Disabled Persons Act shall have access,

9 through the Department, to records, including the

10 findings, pertaining to a completed or closed

11 investigation of a report of suspected abuse, neglect,

12 financial exploitation, or self-neglect of an eligible

13 adult.

14 (Source: P.A. 97-864, eff. 1-1-13; 98-49, eff. 7-1-13.)

15 (320 ILCS 20/9) (from Ch. 23, par. 6609)

16 Sec. 9. Authority to consent to services.

17 (a) If an eligible adult consents to an assessment of a

18 reported incident of suspected abuse, neglect, financial

19 exploitation, or self-neglect and, following the assessment of

20 such report, consents to services being provided according to

21 the case plan, such services shall be arranged to meet the

22 adult's needs, based upon the availability of resources to

23 provide such services. If an adult withdraws his or her consent

24 for an assessment of the reported incident or withdraws his or

25 her consent for services and refuses to accept such services,

09800HB4327ham001

- 42 -

LRB098 18752 KTG 57139 a

1 the services shall not be provided.

2 (b) If it reasonably appears to the Department or other

3 agency designated under this Act that a person is an eligible

4 adult and lacks the capacity to consent to an assessment of a

5 reported incident of suspected abuse, neglect, financial

6 exploitation, or self-neglect or to necessary services, the

7 Department or other agency shall take appropriate action

8 necessary to ameliorate risk to the eligible adult if there is

9 a threat of ongoing harm or another emergency exists. The

10 Department or other agencyshallbe authorized to seek the

11 ~~notify the Illinois Guardianship and Advocacy Commission, the~~

12 ~~Office of State Guardian, or any other appropriate agency, of~~

13 ~~the potential need for~~ appointment of a temporary guardian as

14 provided in Article XIa of the Probate Act of 1975 for the

15 purpose of consenting to an assessment of the reported incident

16 and such services, together with an order for an evaluation of

17 the eligible adult's physical, psychological, and medical

18 condition and decisional capacity.

19 (c) A guardian of the person of an eligible adult may

20 consent to an assessment of the reported incident and to

21 services being provided according to the case plan. If an

22 eligible adult lacks capacity to consent, an agent having

23 authority under a power of attorney may consent to an

24 assessment of the reported incident and to services. If the

25 guardian or agent is the suspected abuser and he or she

26 withdraws consent for the assessment of the reported incident,

09800HB4327ham001

- 43 -

LRB098 18752 KTG 57139 a

1 or refuses to allow services to be provided to the eligible

2 adult, the Department, an agency designated under this Act, or

3 the office of the Attorney General may request a court order

4 seeking appropriate remedies, and may in addition request

5 removal of the guardian and appointment of a successor guardian

6 or request removal of the agent and appointment of a guardian.

7 (d) If an emergency exists and the Department or other

8 agency designated under this Act reasonably believes that a

9 person is an eligible adult and lacks the capacity to consent

10 to necessary services, the Department or other agency may

11 request an ex parte order from the circuit court of the county

12 in which the petitioner or respondent resides or in which the

13 alleged abuse, neglect, financial exploitation, or

14 self-neglect occurred, authorizing an assessment of a report of

15 alleged or suspected abuse, neglect, financial exploitation,

16 or self-neglect or the provision of necessary services, or

17 both, including relief available under the Illinois Domestic

18 Violence Act of 1986 in accord with established law and

19 Department protocols, procedures, and policies. Petitions

20 filed under this subsection shall be treated as expedited

21 proceedings. When an eligible adult is at risk of serious

22 injury or death and it reasonably appears that the eligible

23 adult lacks capacity to consent to necessary services, the

24 Department or other agency designated under this Act may take

25 action necessary to ameliorate the risk in accordance with

26 administrative rules promulgated by the Department.

09800HB4327ham001

- 44 -

LRB098 18752 KTG 57139 a

1 (d-5) For purposes of this Section, an eligible adult

2 "lacks the capacity to consent" if qualified staff of an agency

3 designated under this Act reasonably determine, in accordance

4 with administrative rules promulgated by the Department, that

5 he or she appears either (i) unable to receive and evaluate

6 information related to the assessment or services or (ii)

7 unable to communicate in any manner decisions related to the

8 assessment of the reported incident or services.

9 (e) Within 15 days after the entry of the ex parte

10 emergency order, the order shall expire, or, if the need for

11 assessment of the reported incident or services continues, the

12 provider agency shall petition for the appointment of a

13 guardian as provided in Article XIa of the Probate Act of 1975

14 for the purpose of consenting to such assessment or services or

15 to protect the eligible adult from further harm.

16 (f) If the court enters an ex parte order under subsection

17 (d) for an assessment of a reported incident of alleged or

18 suspected abuse, neglect, financial exploitation, or

19 self-neglect, or for the provision of necessary services in

20 connection with alleged or suspected self-neglect, or for both,

21 the court, as soon as is practicable thereafter, shall appoint

22 a guardian ad litem for the eligible adult who is the subject

23 of the order, for the purpose of reviewing the reasonableness

24 of the order. The guardian ad litem shall review the order and,

25 if the guardian ad litem reasonably believes that the order is

26 unreasonable, the guardian ad litem shall file a petition with

09800HB4327ham001

- 45 -

LRB098 18752 KTG 57139 a

1 the court stating the guardian ad litem's belief and requesting

2 that the order be vacated.

3 (g) In all cases in which there is a substantiated finding

4 of abuse, neglect, or financial exploitation by a guardian, the

5 Department shall, within 30 days after the finding, notify the

6 Probate Court with jurisdiction over the guardianship.

7 (Source: P.A. 98-49, eff. 7-1-13.)

8 (320 ILCS 20/13)

9 Sec. 13. Access.

10 (a) In accord with established law and Department

11 protocols, procedures, and policies, the designated provider

12 agencies shall have access to eligible adults who have been

13 reported or found to be victims of abuse, neglect, financial

14 exploitation, or self-neglect in order to assess the validity

15 of the report, assess other needs of the eligible adult, and

16 provide services in accordance with this Act.

17 (a-5) A representative of the Department or a designated

18 provider agency that is actively involved in an abuse, neglect,

19 financial exploitation, or self-neglect investigation under

20 this Act shall be allowed access to the financial records,

21 mental and physical health records, and other relevant

22 evaluative records of the eligible adult which are in the

23 possession of any individual, financial institution, health

24 care provider, mental health provider, educational facility,

25 or other facility if necessary to complete the investigation

09800HB4327ham001

- 46 -

LRB098 18752 KTG 57139 a

1 mandated by this Act. The provider or facility shall provide

2 such records to the representative upon receipt of a written

3 request and certification from the Department or designated

4 provider agency that an investigation is being conducted under

5 this Act and that records are pertinent to the investigation.

6 Any records received by such representative, the

7 confidentiality of which is protected by another law or rule,

8 shall be maintained as confidential, except for such use as may

9 be necessary for any administrative or other legal proceeding.

10 (b) Where access to an eligible adult is denied, including

11 the refusal to provide requested records, the Office of the

12 Attorney General, the Department, or the provider agency may

13 petition the court for an order to require appropriate access

14 where:

15 (1) a caregiver or third party has interfered with the

16 assessment or service plan, or

17 (2) the agency has reason to believe that the eligible

18 adult is denying access because of coercion, extortion, or

19 justifiable fear of future abuse, neglect, or financial

20 exploitation.

21 (c) The petition for an order requiring appropriate access

22 shall be afforded an expedited hearing in the circuit court.

23 (d) If the provider agency has substantiated financial

24 exploitation against an eligible adult, and has documented a

25 reasonable belief that the eligible adult will be irreparably

26 harmed as a result of the financial exploitation, the Office of

09800HB4327ham001

- 47 -

LRB098 18752 KTG 57139 a

1 the Attorney General, the Department, or the provider agency

2 may petition for an order freezing the assets of the eligible

3 adult. The petition shall be filed in the county or counties in

4 which the assets are located. The court's order shall prohibit

5 the sale, gifting, transfer, or wasting of the assets of the

6 eligible adult, both real and personal, owned by, or vested in,

7 the eligible adult, without the express permission of the

8 court. The petition to freeze the assets of the eligible adult

9 shall be afforded an expedited hearing in the circuit court.

10 (Source: P.A. 96-526, eff. 1-1-10.)

11 (320 ILCS 20/15)

12 Sec. 15. ~~Abuse~~ Fatality Review Teams.

13 (a) State policy.

14 (1) Both the State and the community maintain a

15 commitment to preventing the abuse, neglect, and financial

16 exploitation of at-risk adults. This includes a charge to

17 bring perpetrators of crimes against at-risk adults to

18 justice and prevent untimely deaths in the community.

19 (2) When an at-risk adult dies, the response to the

20 death by the community, law enforcement, and the State must

21 include an accurate and complete determination of the cause

22 of death, and the development and implementation of

23 measures to prevent future deaths from similar causes.

24 (3) Multidisciplinary and multi-agency reviews of

25 deaths can assist the State and counties in developing a

09800HB4327ham001

- 48 -

LRB098 18752 KTG 57139 a

1 greater understanding of the incidence and causes of

2 premature deaths and the methods for preventing those

3 deaths, improving methods for investigating deaths, and

4 identifying gaps in services to at-risk adults.

5 (4) Access to information regarding the deceased

6 person and his or her family by multidisciplinary and

7 multi-agency ~~at-risk adult~~ fatality review teams is

8 necessary in order to fulfill their purposes and duties.

9 (a-5) Definitions. As used in this Section:

10 "Advisory Council" means the Illinois ~~At-Risk Adult~~

11 Fatality Review Team Advisory Council.

12 "Review Team" means a regional interagency ~~at-risk~~

13 ~~adult~~ fatality review team.

14 (b) The Director, in consultation with the Advisory

15 Council, law enforcement, and other professionals who work in

16 the fields of investigating, treating, or preventing abuse or

17 neglect of at-risk adults, shall appoint members to a minimum

18 of one review team in each of the Department's planning and

19 service areas. Each member of a review team shall be appointed

20 for a 2-year term and shall be eligible for reappointment upon

21 the expiration of the term. A review team's purpose in

22 conducting review of at-risk adult deaths is: (i) to assist

23 local agencies in identifying and reviewing suspicious deaths

24 of adult victims of alleged, suspected, or substantiated abuse

25 or neglect in domestic living situations; (ii) to facilitate

26 communications between officials responsible for autopsies and

09800HB4327ham001

- 49 -

LRB098 18752 KTG 57139 a

1 inquests and persons involved in reporting or investigating

2 alleged or suspected cases of abuse, neglect, or financial

3 exploitation of at-risk adults and persons involved in

4 providing services to at-risk adults; (iii) to evaluate means

5 by which the death might have been prevented; and (iv) to

6 report its findings to the appropriate agencies and the

7 Advisory Council and make recommendations that may help to

8 reduce the number of at-risk adult deaths caused by abuse and

9 neglect and that may help to improve the investigations of

10 deaths of at-risk adults and increase prosecutions, if

11 appropriate.

12 (b-5) Each such team shall be composed of representatives

13 of entities and individuals including, but not limited to:

14 (1) the Department on Aging;

15 (2) coroners or medical examiners (or both);

16 (3) State's Attorneys;

17 (4) local police departments;

18 (5) forensic units;

19 (6) local health departments;

20 (7) a social service or health care agency that

21 provides services to persons with mental illness, in a

22 program whose accreditation to provide such services is

23 recognized by the Division of Mental Health within the

24 Department of Human Services;

25 (8) a social service or health care agency that

26 provides services to persons with developmental

09800HB4327ham001

- 50 -

LRB098 18752 KTG 57139 a

1 disabilities, in a program whose accreditation to provide

2 such services is recognized by the Division of

3 Developmental Disabilities within the Department of Human

4 Services;

5 (9) a local hospital, trauma center, or provider of

6 emergency medicine;

7 (10) providers of services for eligible adults in

8 domestic living situations; and

9 (11) a physician, psychiatrist, or other health care

10 provider knowledgeable about abuse and neglect of at-risk

11 adults.

12 (c) A review team shall review cases of deaths of at-risk

13 adults occurring in its planning and service area (i) involving

14 blunt force trauma or an undetermined manner or suspicious

15 cause of death, (ii) if requested by the deceased's attending

16 physician or an emergency room physician, (iii) upon referral

17 by a health care provider, (iv) upon referral by a coroner or

18 medical examiner, (v) constituting an open or closed case from

19 an adult protective services agency, law enforcement agency,

20 State's Attorney's office, or the Department of Human Services'

21 Office of the Inspector General that involves alleged or

22 suspected abuse, neglect, or financial exploitation; or (vi)

23 upon referral by a law enforcement agency or State's Attorney's

24 office. If such a death occurs in a planning and service area

25 where a review team has not yet been established, the Director

26 shall request that the Advisory Council or another review team

09800HB4327ham001

- 51 -

LRB098 18752 KTG 57139 a

1 review that death. A team may also review deaths of at-risk

2 adults if the alleged abuse or neglect occurred while the

3 person was residing in a domestic living situation.

4 A review team shall meet not less than 6 times a year to

5 discuss cases for its possible review. Each review team, with

6 the advice and consent of the Department, shall establish

7 criteria to be used in discussing cases of alleged, suspected,

8 or substantiated abuse or neglect for review and shall conduct

9 its activities in accordance with any applicable policies and

10 procedures established by the Department.

11 (c-5) The Illinois ~~At-Risk Adult~~ Fatality Review Team ~~Teams~~

12 Advisory Council, consisting of one member from each review

13 team in Illinois, shall be the coordinating and oversight body

14 for review teams and activities in Illinois. The Director may

15 appoint to the Advisory Council any ex-officio members deemed

16 necessary. Persons with expertise needed by the Advisory

17 Council may be invited to meetings. The Advisory Council must

18 select from its members a chairperson and a vice-chairperson,

19 each to serve a 2-year term. The chairperson or

20 vice-chairperson may be selected to serve additional,

21 subsequent terms. The Advisory Council must meet at least 4

22 times during each calendar year.

23 The Department may provide or arrange for the staff support

24 necessary for the Advisory Council to carry out its duties. The

25 Director, in cooperation and consultation with the Advisory

26 Council, shall appoint, reappoint, and remove review team

09800HB4327ham001

- 52 -

LRB098 18752 KTG 57139 a

1 members.

2 The Advisory Council has, but is not limited to, the

3 following duties:

4 (1) To serve as the voice of review teams in Illinois.

5 (2) To oversee the review teams in order to ensure that

6 the review teams' work is coordinated and in compliance

7 with State statutes and the operating protocol.

8 (3) To ensure that the data, results, findings, and

9 recommendations of the review teams are adequately used in

10 a timely manner to make any necessary changes to the

11 policies, procedures, and State statutes in order to

12 protect at-risk adults.

13 (4) To collaborate with the Department in order to

14 develop any legislation needed to prevent unnecessary

15 deaths of at-risk adults.

16 (5) To ensure that the review teams' review processes

17 are standardized in order to convey data, findings, and

18 recommendations in a usable format.

19 (6) To serve as a link with review teams throughout the

20 country and to participate in national review team

21 activities.

22 (7) To provide the review teams with the most current

23 information and practices concerning at-risk adult death

24 review and related topics.

25 (8) To perform any other functions necessary to enhance

26 the capability of the review teams to reduce and prevent

09800HB4327ham001

- 53 -

LRB098 18752 KTG 57139 a

1 at-risk adult fatalities.

2 The Advisory Council may prepare an annual report, in

3 consultation with the Department, using aggregate data

4 gathered by review teams and using the review teams'

5 recommendations to develop education, prevention, prosecution,

6 or other strategies designed to improve the coordination of

7 services for at-risk adults and their families.

8 In any instance where a review team does not operate in

9 accordance with established protocol, the Director, in

10 consultation and cooperation with the Advisory Council, must

11 take any necessary actions to bring the review team into

12 compliance with the protocol.

13 (d) Any document or oral or written communication shared

14 within or produced by the review team relating to a case

15 discussed or reviewed by the review team is confidential and is

16 not admissible as evidence in any civil or criminal proceeding,

17 except for use by a State's Attorney's office in prosecuting a

18 criminal case against a caregiver. Those records and

19 information are, however, subject to discovery or subpoena, and

20 are admissible as evidence, to the extent they are otherwise

21 available to the public.

22 Any document or oral or written communication provided to a

23 review team by an individual or entity, and created by that

24 individual or entity solely for the use of the review team, is

25 confidential, is not subject to disclosure to or discoverable

26 by another party, and is not admissible as evidence in any

09800HB4327ham001

- 54 -

LRB098 18752 KTG 57139 a

1 civil or criminal proceeding, except for use by a State's

2 Attorney's office in prosecuting a criminal case against a

3 caregiver. Those records and information are, however, subject

4 to discovery or subpoena, and are admissible as evidence, to

5 the extent they are otherwise available to the public.

6 Each entity or individual represented on the ~~abuse~~ fatality

7 review team may share with other members of the team

8 information in the entity's or individual's possession

9 concerning the decedent who is the subject of the review or

10 concerning any person who was in contact with the decedent, as

11 well as any other information deemed by the entity or

12 individual to be pertinent to the review. Any such information

13 shared by an entity or individual with other members of the

14 review team is confidential. The intent of this paragraph is to

15 permit the disclosure to members of the review team of any

16 information deemed confidential or privileged or prohibited

17 from disclosure by any other provision of law. Release of

18 confidential communication between domestic violence advocates

19 and a domestic violence victim shall follow subsection (d) of

20 Section 227 of the Illinois Domestic Violence Act of 1986 which

21 allows for the waiver of privilege afforded to guardians,

22 executors, or administrators of the estate of the domestic

23 violence victim. This provision relating to the release of

24 confidential communication between domestic violence advocates

25 and a domestic violence victim shall exclude adult protective

26 service providers.

09800HB4327ham001

- 55 -

LRB098 18752 KTG 57139 a

1 A coroner's or medical examiner's office may share with the

2 review team medical records that have been made available to

3 the coroner's or medical examiner's office in connection with

4 that office's investigation of a death.

5 Members of a review team and the Advisory Council are not

6 subject to examination, in any civil or criminal proceeding,

7 concerning information presented to members of the review team

8 or the Advisory Council or opinions formed by members of the

9 review team or the Advisory Council based on that information.

10 A person may, however, be examined concerning information

11 provided to a review team or the Advisory Council.

12 (d-5) Meetings of the review teams and the Advisory Council

13 may be closed to the public under the Open Meetings Act.

14 Records and information provided to a review team and the

15 Advisory Council, and records maintained by a team or the

16 Advisory Council, are exempt from release under the Freedom of

17 Information Act.

18 (e) A review team's recommendation in relation to a case

19 discussed or reviewed by the review team, including, but not

20 limited to, a recommendation concerning an investigation or

21 prosecution, may be disclosed by the review team upon the

22 completion of its review and at the discretion of a majority of

23 its members who reviewed the case.

24 (e-5) The State shall indemnify and hold harmless members

25 of a review team and the Advisory Council for all their acts,

26 omissions, decisions, or other conduct arising out of the scope

09800HB4327ham001

- 56 -

LRB098 18752 KTG 57139 a

1 of their service on the review team or Advisory Council, except

2 those involving willful or wanton misconduct. The method of

3 providing indemnification shall be as provided in the State

4 Employee Indemnification Act.

5 (f) The Department, in consultation with coroners, medical

6 examiners, and law enforcement agencies, shall use aggregate

7 data gathered by and recommendations from the Advisory Council

8 and the review teams to create an annual report and may use

9 those data and recommendations to develop education,

10 prevention, prosecution, or other strategies designed to

11 improve the coordination of services for at-risk adults and

12 their families. The Department or other State or county agency,

13 in consultation with coroners, medical examiners, and law

14 enforcement agencies, also may use aggregate data gathered by

15 the review teams to create a database of at-risk individuals.

16 (g) The Department shall adopt such rules and regulations

17 as it deems necessary to implement this Section.

18 (Source: P.A. 98-49, eff. 7-1-13.)

19 Section 99. Effective date. This Act takes effect upon

20 becoming law.".