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1 AN ACT concerning aging.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Act on the Aging is amended by
5 changing Section 4.04 as follows:
6 (20 ILCS 105/4.04) (from Ch. 23, par. 6104.04)
7 Sec. 4.04. Long Term Care Ombudsman Program. The purpose
8 of the Long Term Care Ombudsman Program is to ensure that older
9 persons and persons with disabilities receive quality
10 services. This is accomplished by providing advocacy services
11 for residents of long term care facilities and participants
12 receiving home care and community-based care. Managed care is
13 increasingly becoming the vehicle for delivering health and
14 long-term services and supports to seniors and persons with
15 disabilities, including dual eligible participants. The
16 additional ombudsman authority will allow advocacy services to
17 be provided to Illinois participants for the first time and
18 will produce a cost savings for the State of Illinois by
19 supporting the rebalancing efforts of the Patient Protection
20 and Affordable Care Act.
21 (a) Long Term Care Ombudsman Program. The Department shall
22 establish a Long Term Care Ombudsman Program, through the
23 Office of State Long Term Care Ombudsman ("the Office"), in
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1 accordance with the provisions of the Older Americans Act of
2 1965, as now or hereafter amended. The Long Term Care
3 Ombudsman Program is authorized, subject to sufficient
4 appropriations, to advocate on behalf of older persons and
5 persons with disabilities residing in their own homes or
6 community-based settings, relating to matters which may
7 adversely affect the health, safety, welfare, or rights of
8 such individuals.
9 (b) Definitions. As used in this Section, unless the
10 context requires otherwise:
11 (1) "Access" means the right to:
12 (i) Enter any long term care facility or assisted
13 living or shared housing establishment or supportive
14 living facility;
15 (ii) Communicate privately and without restriction
16 with any resident, regardless of age, who consents to
17 the communication;
18 (iii) Seek consent to communicate privately and
19 without restriction with any participant or resident,
20 regardless of age;
21 (iv) Inspect and copy the clinical and other
22 records of a participant or resident, regardless of
23 age, with the express written consent of the
24 participant or resident;
25 (v) Observe all areas of the long term care
26 facility or supportive living facilities, assisted
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1 living or shared housing establishment except the
2 living area of any resident who protests the
3 observation; and
4 (vi) Subject to permission of the participant or
5 resident requesting services or his or her
6 representative, enter a home or community-based
7 setting.
8 (2) "Long Term Care Facility" means (i) any facility
9 as defined by Section 1-113 of the Nursing Home Care Act,
10 as now or hereafter amended; (ii) any skilled nursing
11 facility or a nursing facility which meets the
12 requirements of Section 1819(a), (b), (c), and (d) or
13 Section 1919(a), (b), (c), and (d) of the Social Security
14 Act, as now or hereafter amended (42 U.S.C. 1395i-3(a),
15 (b), (c), and (d) and 42 U.S.C. 1396r(a), (b), (c), and
16 (d)); (iii) any facility as defined by Section 1-113 of
17 the ID/DD Community Care Act, as now or hereafter amended;
18 (iv) any facility as defined by Section 1-113 of MC/DD
19 Act, as now or hereafter amended; and (v) any facility
20 licensed under Section 4-105 or 4-201 of the Specialized
21 Mental Health Rehabilitation Act of 2013, as now or
22 hereafter amended.
23 (2.5) "Assisted living establishment" and "shared
24 housing establishment" have the meanings given those terms
25 in Section 10 of the Assisted Living and Shared Housing
26 Act.
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1 (2.7) "Supportive living facility" means a facility
2 established under Section 5-5.01a of the Illinois Public
3 Aid Code.
4 (2.8) "Community-based setting" means any place of
5 abode other than an individual's private home.
6 (3) "State Long Term Care Ombudsman" means any person
7 employed by the Department to fulfill the requirements of
8 the Office of State Long Term Care Ombudsman as required
9 under the Older Americans Act of 1965, as now or hereafter
10 amended, and Departmental policy.
11 (3.1) "Ombudsman" means any designated representative
12 of the State Long Term Care Ombudsman Program; provided
13 that the representative, whether he is paid for or
14 volunteers his ombudsman services, shall be qualified and
15 designated by the Office to perform the duties of an
16 ombudsman as specified by the Department in rules and in
17 accordance with the provisions of the Older Americans Act
18 of 1965, as now or hereafter amended.
19 (4) "Participant" means an older person aged 60 or
20 over or an adult with a disability aged 18 through 59 who
21 is eligible for services under any of the following:
22 (i) A medical assistance waiver administered by
23 the State.
24 (ii) A managed care organization providing care
25 coordination and other services to seniors and persons
26 with disabilities.
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1 (5) "Resident" means an older person aged 60 or over
2 or an adult with a disability aged 18 through 59 who
3 resides in a long-term care facility.
4 (c) Ombudsman; rules. The Office of State Long Term Care
5 Ombudsman shall be composed of at least one full-time
6 ombudsman and shall include a system of designated regional
7 long term care ombudsman programs. Each regional program shall
8 be designated by the State Long Term Care Ombudsman as a
9 subdivision of the Office and any representative of a regional
10 program shall be treated as a representative of the Office.
11 The Department, in consultation with the Office, shall
12 promulgate administrative rules in accordance with the
13 provisions of the Older Americans Act of 1965, as now or
14 hereafter amended, to establish the responsibilities of the
15 Department and the Office of State Long Term Care Ombudsman
16 and the designated regional Ombudsman programs. The
17 administrative rules shall include the responsibility of the
18 Office and designated regional programs to investigate and
19 resolve complaints made by or on behalf of residents of long
20 term care facilities, supportive living facilities, and
21 assisted living and shared housing establishments, and
22 participants residing in their own homes or community-based
23 settings, including the option to serve residents and
24 participants under the age of 60, relating to actions,
25 inaction, or decisions of providers, or their representatives,
26 of such facilities and establishments, of public agencies, or
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1 of social services agencies, which may adversely affect the
2 health, safety, welfare, or rights of such residents and
3 participants. The Office and designated regional programs may
4 represent all residents and participants, but are not required
5 by this Act to represent persons under 60 years of age, except
6 to the extent required by federal law. When necessary and
7 appropriate, representatives of the Office shall refer
8 complaints to the appropriate regulatory State agency. The
9 Department, in consultation with the Office, shall cooperate
10 with the Department of Human Services and other State agencies
11 in providing information and training to designated regional
12 long term care ombudsman programs about the appropriate
13 assessment and treatment (including information about
14 appropriate supportive services, treatment options, and
15 assessment of rehabilitation potential) of the participants
16 they serve.
17 The State Long Term Care Ombudsman and all other
18 ombudsmen, as defined in paragraph (3.1) of subsection (b)
19 must submit to background checks under the Health Care Worker
20 Background Check Act and receive training, as prescribed by
21 the Illinois Department on Aging, before visiting facilities,
22 private homes, or community-based settings. The training must
23 include information specific to assisted living
24 establishments, supportive living facilities, shared housing
25 establishments, private homes, and community-based settings
26 and to the rights of residents and participants guaranteed
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1 under the corresponding Acts and administrative rules.
2 (c-5) Consumer Choice Information Reports. The Office
3 shall:
4 (1) In collaboration with the Attorney General, create
5 a Consumer Choice Information Report form to be completed
6 by all licensed long term care facilities to aid
7 Illinoisans and their families in making informed choices
8 about long term care. The Office shall create a Consumer
9 Choice Information Report for each type of licensed long
10 term care facility. The Office shall collaborate with the
11 Attorney General and the Department of Human Services to
12 create a Consumer Choice Information Report form for
13 facilities licensed under the ID/DD Community Care Act or
14 the MC/DD Act.
15 (2) Develop a database of Consumer Choice Information
16 Reports completed by licensed long term care facilities
17 that includes information in the following consumer
18 categories:
19 (A) Medical Care, Services, and Treatment.
20 (B) Special Services and Amenities.
21 (C) Staffing.
22 (D) Facility Statistics and Resident Demographics.
23 (E) Ownership and Administration.
24 (F) Safety and Security.
25 (G) Meals and Nutrition.
26 (H) Rooms, Furnishings, and Equipment.
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1 (I) Family, Volunteer, and Visitation Provisions.
2 (3) Make this information accessible to the public,
3 including on the Internet by means of a hyperlink on the
4 Office's World Wide Web home page. Information about
5 facilities licensed under the ID/DD Community Care Act or
6 the MC/DD Act shall be made accessible to the public by the
7 Department of Human Services, including on the Internet by
8 means of a hyperlink on the Department of Human Services'
9 "For Customers" website.
10 (4) Have the authority, with the Attorney General, to
11 verify that information provided by a facility is
12 accurate.
13 (5) Request a new report from any licensed facility
14 whenever it deems necessary.
15 (6) Include in the Office's Consumer Choice
16 Information Report for each type of licensed long term
17 care facility additional information on each licensed long
18 term care facility in the State of Illinois, including
19 information regarding each facility's compliance with the
20 relevant State and federal statutes, rules, and standards;
21 customer satisfaction surveys; and information generated
22 from quality measures developed by the Centers for
23 Medicare and Medicaid Services.
24 (d) Access and visitation rights.
25 (1) In accordance with subparagraphs (A) and (E) of
26 paragraph (3) of subsection (c) of Section 1819 and
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1 subparagraphs (A) and (E) of paragraph (3) of subsection
2 (c) of Section 1919 of the Social Security Act, as now or
3 hereafter amended (42 U.S.C. 1395i-3 (c)(3)(A) and (E) and
4 42 U.S.C. 1396r (c)(3)(A) and (E)), and Section 712 of the
5 Older Americans Act of 1965, as now or hereafter amended
6 (42 U.S.C. 3058f), a long term care facility, supportive
7 living facility, assisted living establishment, and shared
8 housing establishment must:
9 (i) permit immediate access to any resident,
10 regardless of age, by a designated ombudsman;
11 (ii) permit representatives of the Office, with
12 the permission of the resident, the resident's legal
13 representative, or the resident's legal guardian, to
14 examine and copy a resident's clinical and other
15 records, regardless of the age of the resident, and if
16 a resident is unable to consent to such review, and has
17 no legal guardian, permit representatives of the
18 Office appropriate access, as defined by the
19 Department, in consultation with the Office, in
20 administrative rules, to the resident's records; and
21 (iii) permit a representative of the Program to
22 communicate privately and without restriction with any
23 participant who consents to the communication
24 regardless of the consent of, or withholding of
25 consent by, a legal guardian or an agent named in a
26 power of attorney executed by the participant.
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1 (2) Each long term care facility, supportive living
2 facility, assisted living establishment, and shared
3 housing establishment shall display, in multiple,
4 conspicuous public places within the facility accessible
5 to both visitors and residents and in an easily readable
6 format, the address and phone number of the Office of the
7 Long Term Care Ombudsman, in a manner prescribed by the
8 Office.
9 (e) Immunity. An ombudsman or any representative of the
10 Office participating in the good faith performance of his or
11 her official duties shall have immunity from any liability
12 (civil, criminal or otherwise) in any proceedings (civil,
13 criminal or otherwise) brought as a consequence of the
14 performance of his official duties.
15 (f) Business offenses.
16 (1) No person shall:
17 (i) Intentionally prevent, interfere with, or
18 attempt to impede in any way any representative of the
19 Office in the performance of his official duties under
20 this Act and the Older Americans Act of 1965; or
21 (ii) Intentionally retaliate, discriminate
22 against, or effect reprisals against any long term
23 care facility resident or employee for contacting or
24 providing information to any representative of the
25 Office.
26 (2) A violation of this Section is a business offense,
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1 punishable by a fine not to exceed $501.
2 (3) The State Long Term Care Ombudsman shall notify
3 the State's Attorney of the county in which the long term
4 care facility, supportive living facility, or assisted
5 living or shared housing establishment is located, or the
6 Attorney General, of any violations of this Section.
7 (g) Confidentiality of records and identities. The
8 Department shall establish procedures for the disclosure by
9 the State Ombudsman or the regional ombudsmen entities of
10 files maintained by the program. The procedures shall provide
11 that the files and records may be disclosed only at the
12 discretion of the State Long Term Care Ombudsman or the person
13 designated by the State Ombudsman to disclose the files and
14 records, and the procedures shall prohibit the disclosure of
15 the identity of any complainant, resident, participant,
16 witness, or employee of a long term care provider unless:
17 (1) the complainant, resident, participant, witness,
18 or employee of a long term care provider or his or her
19 legal representative consents to the disclosure and the
20 consent is in writing;
21 (2) the complainant, resident, participant, witness,
22 or employee of a long term care provider gives consent
23 orally; and the consent is documented contemporaneously in
24 writing in accordance with such requirements as the
25 Department shall establish; or
26 (3) the disclosure is required by court order.
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1 (h) Legal representation. The Attorney General shall
2 provide legal representation to any representative of the
3 Office against whom suit or other legal action is brought in
4 connection with the performance of the representative's
5 official duties, in accordance with the State Employee
6 Indemnification Act.
7 (i) Treatment by prayer and spiritual means. Nothing in
8 this Act shall be construed to authorize or require the
9 medical supervision, regulation or control of remedial care or
10 treatment of any resident in a long term care facility
11 operated exclusively by and for members or adherents of any
12 church or religious denomination the tenets and practices of
13 which include reliance solely upon spiritual means through
14 prayer for healing.
15 (j) The Long Term Care Ombudsman Fund is created as a
16 special fund in the State treasury to receive moneys for the
17 express purposes of this Section. All interest earned on
18 moneys in the fund shall be credited to the fund. Moneys
19 contained in the fund shall be used to support the purposes of
20 this Section.
21 (k) Each Regional Ombudsman may, in accordance with rules
22 promulgated by the Office, establish a multi-disciplinary team
23 to act in an advisory role for the purpose of providing
24 professional knowledge and expertise in handling complex
25 abuse, neglect, and advocacy issues involving participants.
26 Each multi-disciplinary team may consist of one or more
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1 volunteer representatives from any combination of at least 7
2 members from the following professions: banking or finance;
3 disability care; health care; pharmacology; law; law
4 enforcement; emergency responder; mental health care; clergy;
5 coroner or medical examiner; substance abuse; domestic
6 violence; sexual assault; or other related fields. To support
7 multi-disciplinary teams in this role, law enforcement
8 agencies and coroners or medical examiners shall supply
9 records as may be requested in particular cases. The Regional
10 Ombudsman, or his or her designee, of the area in which the
11 multi-disciplinary team is created shall be the facilitator of
12 the multi-disciplinary team.
13 (Source: P.A. 102-1033, eff. 1-1-23.)
14 Section 10. The Adult Protective Services Act is amended
15 by changing Sections 2, 4, 4.1, 4.2, 5, and 8 as follows:
16 (320 ILCS 20/2) (from Ch. 23, par. 6602)
17 Sec. 2. Definitions. As used in this Act, unless the
18 context requires otherwise:
19 (a) "Abandonment" means the desertion or willful forsaking
20 of an eligible adult by an individual responsible for the care
21 and custody of that eligible adult under circumstances in
22 which a reasonable person would continue to provide care and
23 custody. Nothing in this Act shall be construed to mean that an
24 eligible adult is a victim of abandonment because of health
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1 care services provided or not provided by licensed health care
2 professionals.
3 (a-1) "Abuse" means causing any physical, mental or sexual
4 injury to an eligible adult, including exploitation of such
5 adult's financial resources, and abandonment.
6 Nothing in this Act shall be construed to mean that an
7 eligible adult is a victim of abuse, abandonment, neglect, or
8 self-neglect for the sole reason that he or she is being
9 furnished with or relies upon treatment by spiritual means
10 through prayer alone, in accordance with the tenets and
11 practices of a recognized church or religious denomination.
12 Nothing in this Act shall be construed to mean that an
13 eligible adult is a victim of abuse because of health care
14 services provided or not provided by licensed health care
15 professionals.
16 Nothing in this Act shall be construed to mean that an
17 eligible adult is a victim of abuse in cases of criminal
18 activity by strangers, telemarketing scams, consumer fraud,
19 internet fraud, home repair disputes, complaints against a
20 homeowners' association, or complaints between landlords and
21 tenants.
22 (a-5) "Abuser" means a person who is a family member,
23 caregiver, or another person who has a continuing relationship
24 with the eligible adult and abuses, abandons, neglects, or
25 financially exploits an eligible adult.
26 (a-6) "Adult with disabilities" means a person aged 18
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1 through 59 who resides in a domestic living situation and
2 whose disability as defined in subsection (c-5) impairs his or
3 her ability to seek or obtain protection from abuse,
4 abandonment, neglect, or exploitation.
5 (a-7) "Caregiver" means a person who either as a result of
6 a family relationship, voluntarily, or in exchange for
7 compensation has assumed responsibility for all or a portion
8 of the care of an eligible adult who needs assistance with
9 activities of daily living or instrumental activities of daily
10 living.
11 (b) "Department" means the Department on Aging of the
12 State of Illinois.
13 (c) "Director" means the Director of the Department.
14 (c-5) "Disability" means a physical or mental disability,
15 including, but not limited to, a developmental disability, an
16 intellectual disability, a mental illness as defined under the
17 Mental Health and Developmental Disabilities Code, or dementia
18 as defined under the Alzheimer's Disease Assistance Act.
19 (d) "Domestic living situation" means a residence where
20 the eligible adult at the time of the report lives alone or
21 with his or her family or a caregiver, or others, or other
22 community-based unlicensed facility, but is not:
23 (1) A licensed facility as defined in Section 1-113 of
24 the Nursing Home Care Act;
25 (1.5) A facility licensed under the ID/DD Community
26 Care Act;
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1 (1.6) A facility licensed under the MC/DD Act;
2 (1.7) A facility licensed under the Specialized Mental
3 Health Rehabilitation Act of 2013;
4 (2) A "life care facility" as defined in the Life Care
5 Facilities Act;
6 (3) A home, institution, or other place operated by
7 the federal government or agency thereof or by the State
8 of Illinois;
9 (4) A hospital, sanitarium, or other institution, the
10 principal activity or business of which is the diagnosis,
11 care, and treatment of human illness through the
12 maintenance and operation of organized facilities
13 therefor, which is required to be licensed under the
14 Hospital Licensing Act;
15 (5) A "community living facility" as defined in the
16 Community Living Facilities Licensing Act;
17 (6) (Blank);
18 (7) A "community-integrated living arrangement" as
19 defined in the Community-Integrated Living Arrangements
20 Licensure and Certification Act or a "community
21 residential alternative" as licensed under that Act;
22 (8) An assisted living or shared housing establishment
23 as defined in the Assisted Living and Shared Housing Act;
24 or
25 (9) A supportive living facility as described in
26 Section 5-5.01a of the Illinois Public Aid Code.
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1 (e) "Eligible adult" means either an adult with
2 disabilities aged 18 through 59 or a person aged 60 or older
3 who resides in a domestic living situation and is, or is
4 alleged to be, abused, abandoned, neglected, or financially
5 exploited by another individual or who neglects himself or
6 herself. "Eligible adult" also includes an adult who resides
7 in any of the facilities that are excluded from the definition
8 of "domestic living situation" under paragraphs (1) through
9 (9) of subsection (d), if either: (i) the alleged abuse,
10 abandonment, or neglect occurs outside of the facility and not
11 under facility supervision and the alleged abuser is a family
12 member, caregiver, or another person who has a continuing
13 relationship with the adult; or (ii) the alleged financial
14 exploitation is perpetrated by a family member, caregiver, or
15 another person who has a continuing relationship with the
16 adult, but who is not an employee of the facility where the
17 adult resides.
18 (f) "Emergency" means a situation in which an eligible
19 adult is living in conditions presenting a risk of death or
20 physical, mental or sexual injury and the provider agency has
21 reason to believe the eligible adult is unable to consent to
22 services which would alleviate that risk.
23 (f-1) "Financial exploitation" means the use of an
24 eligible adult's resources by another to the disadvantage of
25 that adult or the profit or advantage of a person other than
26 that adult.
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1 (f-3) "Investment advisor" means any person required to
2 register as an investment adviser or investment adviser
3 representative under Section 8 of the Illinois Securities Law
4 of 1953, which for purposes of this Act excludes any bank,
5 trust company, savings bank, or credit union, or their
6 respective employees.
7 (f-5) "Mandated reporter" means any of the following
8 persons while engaged in carrying out their professional
9 duties:
10 (1) a professional or professional's delegate while
11 engaged in: (i) social services, (ii) law enforcement,
12 (iii) education, (iv) the care of an eligible adult or
13 eligible adults, or (v) any of the occupations required to
14 be licensed under the Behavior Analyst Licensing Act, the
15 Clinical Psychologist Licensing Act, the Clinical Social
16 Work and Social Work Practice Act, the Illinois Dental
17 Practice Act, the Dietitian Nutritionist Practice Act, the
18 Marriage and Family Therapy Licensing Act, the Medical
19 Practice Act of 1987, the Naprapathic Practice Act, the
20 Nurse Practice Act, the Nursing Home Administrators
21 Licensing and Disciplinary Act, the Illinois Occupational
22 Therapy Practice Act, the Illinois Optometric Practice Act
23 of 1987, the Pharmacy Practice Act, the Illinois Physical
24 Therapy Act, the Physician Assistant Practice Act of 1987,
25 the Podiatric Medical Practice Act of 1987, the
26 Respiratory Care Practice Act, the Professional Counselor
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1 and Clinical Professional Counselor Licensing and Practice
2 Act, the Illinois Speech-Language Pathology and Audiology
3 Practice Act, the Veterinary Medicine and Surgery Practice
4 Act of 2004, and the Illinois Public Accounting Act;
5 (1.5) an employee of an entity providing developmental
6 disabilities services or service coordination funded by
7 the Department of Human Services;
8 (2) an employee of a vocational rehabilitation
9 facility prescribed or supervised by the Department of
10 Human Services;
11 (3) an administrator, employee, or person providing
12 services in or through an unlicensed community based
13 facility;
14 (4) any religious practitioner who provides treatment
15 by prayer or spiritual means alone in accordance with the
16 tenets and practices of a recognized church or religious
17 denomination, except as to information received in any
18 confession or sacred communication enjoined by the
19 discipline of the religious denomination to be held
20 confidential;
21 (5) field personnel of the Department of Healthcare
22 and Family Services, Department of Public Health, and
23 Department of Human Services, and any county or municipal
24 health department;
25 (6) personnel of the Department of Human Services, the
26 Guardianship and Advocacy Commission, the State Fire
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1 Marshal, local fire departments, the Department on Aging
2 and its subsidiary Area Agencies on Aging and provider
3 agencies, except the State Long Term Care Ombudsman and
4 any of his or her representatives or volunteers where
5 prohibited from making such a report pursuant to 45 CFR
6 1324.11(e)(3)(iv); and the Office of State Long Term Care
7 Ombudsman;
8 (7) any employee of the State of Illinois not
9 otherwise specified herein who is involved in providing
10 services to eligible adults, including professionals
11 providing medical or rehabilitation services and all other
12 persons having direct contact with eligible adults;
13 (8) a person who performs the duties of a coroner or
14 medical examiner; or
15 (9) a person who performs the duties of a paramedic or
16 an emergency medical technician; or .
17 (10) a person who performs the duties of an investment
18 advisor.
19 (g) "Neglect" means another individual's failure to
20 provide an eligible adult with or willful withholding from an
21 eligible adult the necessities of life including, but not
22 limited to, food, clothing, shelter or health care. This
23 subsection does not create any new affirmative duty to provide
24 support to eligible adults. Nothing in this Act shall be
25 construed to mean that an eligible adult is a victim of neglect
26 because of health care services provided or not provided by
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1 licensed health care professionals.
2 (h) "Provider agency" means any public or nonprofit agency
3 in a planning and service area that is selected by the
4 Department or appointed by the regional administrative agency
5 with prior approval by the Department on Aging to receive and
6 assess reports of alleged or suspected abuse, abandonment,
7 neglect, or financial exploitation. A provider agency is also
8 referenced as a "designated agency" in this Act.
9 (i) "Regional administrative agency" means any public or
10 nonprofit agency in a planning and service area that provides
11 regional oversight and performs functions as set forth in
12 subsection (b) of Section 3 of this Act. The Department shall
13 designate an Area Agency on Aging as the regional
14 administrative agency or, in the event the Area Agency on
15 Aging in that planning and service area is deemed by the
16 Department to be unwilling or unable to provide those
17 functions, the Department may serve as the regional
18 administrative agency or designate another qualified entity to
19 serve as the regional administrative agency; any such
20 designation shall be subject to terms set forth by the
21 Department.
22 (i-5) "Self-neglect" means a condition that is the result
23 of an eligible adult's inability, due to physical or mental
24 impairments, or both, or a diminished capacity, to perform
25 essential self-care tasks that substantially threaten his or
26 her own health, including: providing essential food, clothing,
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1 shelter, and health care; and obtaining goods and services
2 necessary to maintain physical health, mental health,
3 emotional well-being, and general safety. The term includes
4 compulsive hoarding, which is characterized by the acquisition
5 and retention of large quantities of items and materials that
6 produce an extensively cluttered living space, which
7 significantly impairs the performance of essential self-care
8 tasks or otherwise substantially threatens life or safety.
9 (j) "Substantiated case" means a reported case of alleged
10 or suspected abuse, abandonment, neglect, financial
11 exploitation, or self-neglect in which a provider agency,
12 after assessment, determines that there is reason to believe
13 abuse, abandonment, neglect, or financial exploitation has
14 occurred.
15 (k) "Verified" means a determination that there is "clear
16 and convincing evidence" that the specific injury or harm
17 alleged was the result of abuse, abandonment, neglect, or
18 financial exploitation.
19 (Source: P.A. 102-244, eff. 1-1-22; 102-953, eff. 5-27-22.)
20 (320 ILCS 20/4) (from Ch. 23, par. 6604)
21 Sec. 4. Reports of abuse, abandonment, or neglect.
22 (a) Any person who suspects the abuse, abandonment,
23 neglect, financial exploitation, or self-neglect of an
24 eligible adult may report this suspicion or information about
25 the suspicious death of an eligible adult to an agency
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1 designated to receive such reports under this Act or to the
2 Department.
3 (a-5) If any mandated reporter has reason to believe that
4 an eligible adult, who because of a disability or other
5 condition or impairment is unable to seek assistance for
6 himself or herself, has, within the previous 12 months, been
7 subjected to abuse, abandonment, neglect, or financial
8 exploitation, the mandated reporter shall, within 24 hours
9 after developing such belief, report this suspicion to an
10 agency designated to receive such reports under this Act or to
11 the Department. The agency designated to receive such reports
12 under this Act or the Department may establish a manner in
13 which a mandated reporter can make the required report through
14 an Internet reporting tool. Information sent and received
15 through the Internet reporting tool is subject to the same
16 rules in this Act as other types of confidential reporting
17 established by the designated agency or the Department.
18 Whenever a mandated reporter is required to report under this
19 Act in his or her capacity as a member of the staff of a
20 medical or other public or private institution, facility, or
21 agency, he or she shall make a report to an agency designated
22 to receive such reports under this Act or to the Department in
23 accordance with the provisions of this Act and may also notify
24 the person in charge of the institution, facility, or agency
25 or his or her designated agent that the report has been made.
26 Under no circumstances shall any person in charge of such
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1 institution, facility, or agency, or his or her designated
2 agent to whom the notification has been made, exercise any
3 control, restraint, modification, or other change in the
4 report or the forwarding of the report to an agency designated
5 to receive such reports under this Act or to the Department.
6 The privileged quality of communication between any
7 professional person required to report and his or her patient
8 or client shall not apply to situations involving abused,
9 abandoned, neglected, or financially exploited eligible adults
10 and shall not constitute grounds for failure to report as
11 required by this Act.
12 (a-6) If a mandated reporter has reason to believe that
13 the death of an eligible adult may be the result of abuse or
14 neglect, the matter shall be reported to an agency designated
15 to receive such reports under this Act or to the Department for
16 subsequent referral to the appropriate law enforcement agency
17 and the coroner or medical examiner in accordance with
18 subsection (c-5) of Section 3 of this Act.
19 (a-7) A person making a report under this Act in the belief
20 that it is in the alleged victim's best interest shall be
21 immune from criminal or civil liability or professional
22 disciplinary action on account of making the report,
23 notwithstanding any requirements concerning the
24 confidentiality of information with respect to such eligible
25 adult which might otherwise be applicable.
26 (a-9) Law enforcement officers shall continue to report
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1 incidents of alleged abuse pursuant to the Illinois Domestic
2 Violence Act of 1986, notwithstanding any requirements under
3 this Act.
4 (b) Any person, institution or agency participating in the
5 making of a report, providing information or records related
6 to a report, assessment, or services, or participating in the
7 investigation of a report under this Act in good faith, or
8 taking photographs or x-rays as a result of an authorized
9 assessment, shall have immunity from any civil, criminal or
10 other liability in any civil, criminal or other proceeding
11 brought in consequence of making such report or assessment or
12 on account of submitting or otherwise disclosing such
13 photographs or x-rays to any agency designated to receive
14 reports of alleged or suspected abuse, abandonment, or
15 neglect. Any person, institution or agency authorized by the
16 Department to provide assessment, intervention, or
17 administrative services under this Act shall, in the good
18 faith performance of those services, have immunity from any
19 civil, criminal or other liability in any civil, criminal, or
20 other proceeding brought as a consequence of the performance
21 of those services. For the purposes of any civil, criminal, or
22 other proceeding, the good faith of any person required to
23 report, permitted to report, or participating in an
24 investigation of a report of alleged or suspected abuse,
25 abandonment, neglect, financial exploitation, or self-neglect
26 shall be presumed.
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1 (c) The identity of a person making a report of alleged or
2 suspected abuse, abandonment, neglect, financial exploitation,
3 or self-neglect or a report concerning information about the
4 suspicious death of an eligible adult under this Act may be
5 disclosed by the Department or other agency provided for in
6 this Act only with such person's written consent or by court
7 order, but is otherwise confidential.
8 (d) The Department shall by rule establish a system for
9 filing and compiling reports made under this Act.
10 (e) Any physician who willfully fails to report as
11 required by this Act shall be referred to the Illinois State
12 Medical Disciplinary Board for action in accordance with
13 subdivision (A)(22) of Section 22 of the Medical Practice Act
14 of 1987. Any dentist or dental hygienist who willfully fails
15 to report as required by this Act shall be referred to the
16 Department of Professional Regulation for action in accordance
17 with paragraph 19 of Section 23 of the Illinois Dental
18 Practice Act. Any optometrist who willfully fails to report as
19 required by this Act shall be referred to the Department of
20 Financial and Professional Regulation for action in accordance
21 with paragraph (15) of subsection (a) of Section 24 of the
22 Illinois Optometric Practice Act of 1987. Any other mandated
23 reporter required by this Act to report suspected abuse,
24 abandonment, neglect, or financial exploitation who willfully
25 fails to report the same is guilty of a Class A misdemeanor.
26 (Source: P.A. 102-244, eff. 1-1-22.)
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1 (320 ILCS 20/4.1)
2 Sec. 4.1. Employer discrimination. No employer shall
3 discharge, demote or suspend, or threaten to discharge, demote
4 or suspend, or in any manner discriminate against any
5 employee: (i) who makes any good faith oral or written report
6 of suspected abuse, abandonment, neglect, or financial
7 exploitation; (ii) who makes any good faith oral or written
8 report concerning information about the suspicious death of an
9 eligible adult; or (iii) who is or will be a witness or testify
10 in any investigation or proceeding concerning a report of
11 suspected abuse, abandonment, neglect, or financial
12 exploitation.
13 (Source: P.A. 102-244, eff. 1-1-22.)
14 (320 ILCS 20/4.2)
15 Sec. 4.2. Testimony by mandated reporter and investigator.
16 Any mandated reporter who makes a report or any person who
17 investigates a report under this Act shall testify fully in
18 any judicial proceeding resulting from such report, as to any
19 evidence of abuse, abandonment, neglect, or financial
20 exploitation or the cause thereof. Any mandated reporter who
21 is required to report a suspected case of or a suspicious death
22 due to abuse, abandonment, neglect, or financial exploitation
23 under Section 4 of this Act shall testify fully in any
24 administrative hearing resulting from such report, as to any
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1 evidence of abuse, abandonment, neglect, or financial
2 exploitation or the cause thereof. No evidence shall be
3 excluded by reason of any common law or statutory privilege
4 relating to communications between the alleged abuser or the
5 eligible adult subject of the report under this Act and the
6 person making or investigating the report.
7 (Source: P.A. 102-244, eff. 1-1-22.)
8 (320 ILCS 20/5) (from Ch. 23, par. 6605)
9 Sec. 5. Procedure.
10 (a) A provider agency designated to receive reports of
11 alleged or suspected abuse, abandonment, neglect, financial
12 exploitation, or self-neglect under this Act shall, upon
13 receiving such a report, conduct a face-to-face assessment
14 with respect to such report, in accord with established law
15 and Department protocols, procedures, and policies.
16 Face-to-face assessments, casework, and follow-up of reports
17 of self-neglect by the provider agencies designated to receive
18 reports of self-neglect shall be subject to sufficient
19 appropriation for statewide implementation of assessments,
20 casework, and follow-up of reports of self-neglect. In the
21 absence of sufficient appropriation for statewide
22 implementation of assessments, casework, and follow-up of
23 reports of self-neglect, the designated adult protective
24 services provider agency shall refer all reports of
25 self-neglect to the appropriate agency or agencies as
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1 designated by the Department for any follow-up. The assessment
2 shall include, but not be limited to, a visit to the residence
3 of the eligible adult who is the subject of the report and
4 shall include interviews or consultations regarding the
5 allegations with service agencies, immediate family members,
6 and individuals who may have knowledge of the eligible adult's
7 circumstances based on the consent of the eligible adult in
8 all instances, except where the provider agency is acting in
9 the best interest of an eligible adult who is unable to seek
10 assistance for himself or herself and where there are
11 allegations against a caregiver who has assumed
12 responsibilities in exchange for compensation. If, after the
13 assessment, the provider agency determines that the case is
14 substantiated it shall develop a service care plan for the
15 eligible adult and may report its findings at any time during
16 the case to the appropriate law enforcement agency in accord
17 with established law and Department protocols, procedures, and
18 policies. In developing a case plan, the provider agency may
19 consult with any other appropriate provider of services, and
20 such providers shall be immune from civil or criminal
21 liability on account of such acts. The plan shall include
22 alternative suggested or recommended services which are
23 appropriate to the needs of the eligible adult and which
24 involve the least restriction of the eligible adult's
25 activities commensurate with his or her needs. Only those
26 services to which consent is provided in accordance with
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1 Section 9 of this Act shall be provided, contingent upon the
2 availability of such services.
3 (b) A provider agency shall refer evidence of crimes
4 against an eligible adult to the appropriate law enforcement
5 agency according to Department policies. A referral to law
6 enforcement may be made at intake, at or any time during the
7 case, or after a report of a suspicious death, depending upon
8 the circumstances. Where a provider agency has reason to
9 believe the death of an eligible adult may be the result of
10 abuse, abandonment, or neglect, the agency shall immediately
11 report the matter to the coroner or medical examiner and shall
12 cooperate fully with any subsequent investigation.
13 (c) If any person other than the alleged victim refuses to
14 allow the provider agency to begin an investigation,
15 interferes with the provider agency's ability to conduct an
16 investigation, or refuses to give access to an eligible adult,
17 the appropriate law enforcement agency must be consulted
18 regarding the investigation.
19 (Source: P.A. 101-496, eff. 1-1-20; 102-244, eff. 1-1-22.)
20 (320 ILCS 20/8) (from Ch. 23, par. 6608)
21 Sec. 8. Access to records. All records concerning reports
22 of abuse, abandonment, neglect, financial exploitation, or
23 self-neglect or reports of suspicious deaths due to abuse,
24 neglect, or financial exploitation and all records generated
25 as a result of such reports shall be confidential and shall not
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1 be disclosed except as specifically authorized by this Act or
2 other applicable law. In accord with established law and
3 Department protocols, procedures, and policies, access to such
4 records, but not access to the identity of the person or
5 persons making a report of alleged abuse, abandonment,
6 neglect, financial exploitation, or self-neglect as contained
7 in such records, shall be provided, upon request, to the
8 following persons and for the following persons:
9 (1) Department staff, provider agency staff, other
10 aging network staff, and regional administrative agency
11 staff, including staff of the Chicago Department on Aging
12 while that agency is designated as a regional
13 administrative agency, in the furtherance of their
14 responsibilities under this Act;
15 (1.5) A representative of the public guardian acting
16 in the course of investigating the appropriateness of
17 guardianship for the eligible adult or while pursuing a
18 petition for guardianship of the eligible adult pursuant
19 to the Probate Act of 1975;
20 (2) A law enforcement agency or State's Attorney's
21 office investigating known or suspected abuse,
22 abandonment, neglect, financial exploitation, or
23 self-neglect. Where a provider agency has reason to
24 believe that the death of an eligible adult may be the
25 result of abuse, abandonment, or neglect, including any
26 reports made after death, the agency shall immediately
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1 provide the appropriate law enforcement agency with all
2 records pertaining to the eligible adult;
3 (2.5) A law enforcement agency, fire department
4 agency, or fire protection district having proper
5 jurisdiction pursuant to a written agreement between a
6 provider agency and the law enforcement agency, fire
7 department agency, or fire protection district under which
8 the provider agency may furnish to the law enforcement
9 agency, fire department agency, or fire protection
10 district a list of all eligible adults who may be at
11 imminent risk of abuse, abandonment, neglect, financial
12 exploitation, or self-neglect;
13 (3) A physician who has before him or her or who is
14 involved in the treatment of an eligible adult whom he or
15 she reasonably suspects may be abused, abandoned,
16 neglected, financially exploited, or self-neglected or who
17 has been referred to the Adult Protective Services
18 Program;
19 (4) An eligible adult reported to be abused,
20 abandoned, neglected, financially exploited, or
21 self-neglected, or such adult's authorized guardian or
22 agent, unless such guardian or agent is the abuser or the
23 alleged abuser;
24 (4.5) An executor or administrator of the estate of an
25 eligible adult who is deceased;
26 (5) A probate court with jurisdiction over the
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1 guardianship of an alleged victim for an in camera
2 inspection In cases regarding abuse, abandonment, neglect,
3 or financial exploitation, a court or a guardian ad litem,
4 upon its or his or her finding that access to such records
5 may be necessary for the determination of an issue before
6 the court. However, such access shall be limited to an in
7 camera inspection of the records, unless the court
8 determines that disclosure of the information contained
9 therein is necessary for the resolution of an issue then
10 pending before it;
11 (5.5) A In cases regarding self-neglect, a guardian ad
12 litem, unless such guardian ad litem is the abuser or
13 alleged abuser;
14 (6) A grand jury, upon its determination that access
15 to such records is necessary in the conduct of its
16 official business;
17 (7) Any person authorized by the Director, in writing,
18 for audit or bona fide research purposes;
19 (8) A coroner or medical examiner who has reason to
20 believe that an eligible adult has died as the result of
21 abuse, abandonment, neglect, financial exploitation, or
22 self-neglect. The provider agency shall immediately
23 provide the coroner or medical examiner with all records
24 pertaining to the eligible adult;
25 (8.5) A coroner or medical examiner having proper
26 jurisdiction, pursuant to a written agreement between a
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1 provider agency and the coroner or medical examiner, under
2 which the provider agency may furnish to the office of the
3 coroner or medical examiner a list of all eligible adults
4 who may be at imminent risk of death as a result of abuse,
5 abandonment, neglect, financial exploitation, or
6 self-neglect;
7 (9) Department of Financial and Professional
8 Regulation staff and members of the Illinois Medical
9 Disciplinary Board or the Social Work Examining and
10 Disciplinary Board in the course of investigating alleged
11 violations of the Clinical Social Work and Social Work
12 Practice Act by provider agency staff or other licensing
13 bodies at the discretion of the Director of the Department
14 on Aging;
15 (9-a) Department of Healthcare and Family Services
16 staff and provider agency staff when that Department is
17 funding services to the eligible adult, including access
18 to the identity of the eligible adult;
19 (9-b) Department of Human Services staff and provider
20 agency staff when that Department is funding services to
21 the eligible adult or is providing reimbursement for
22 services provided by the abuser or alleged abuser,
23 including access to the identity of the eligible adult;
24 (10) Hearing officers in the course of conducting an
25 administrative hearing under this Act; parties to such
26 hearing shall be entitled to discovery as established by
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1 rule;
2 (11) A caregiver who challenges placement on the
3 Registry shall be given the statement of allegations in
4 the abuse report and the substantiation decision in the
5 final investigative report; and
6 (12) The Illinois Guardianship and Advocacy Commission
7 and the agency designated by the Governor under Section 1
8 of the Protection and Advocacy for Persons with
9 Developmental Disabilities Act shall have access, through
10 the Department, to records, including the findings,
11 pertaining to a completed or closed investigation of a
12 report of suspected abuse, abandonment, neglect, financial
13 exploitation, or self-neglect of an eligible adult.
14 (Source: P.A. 102-244, eff. 1-1-22.)
15 Section 99. Effective date. This Act takes effect January
16 1, 2024.
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