Illinois 2023-2024 Regular Session

Illinois House Bill HB2858 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0329
2	1		HB2858 EnrolledLRB103 26814 KTG 53178 b HB2858 Enrolled LRB103 26814 KTG 53178 b
3	2		HB2858 Enrolled LRB103 26814 KTG 53178 b
4		-	AN ACT concerning aging.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Illinois Act on the Aging is amended by
8		-	changing Section 4.04 as follows:
9		-	(20 ILCS 105/4.04) (from Ch. 23, par. 6104.04)
10		-	Sec. 4.04. Long Term Care Ombudsman Program. The purpose
11		-	of the Long Term Care Ombudsman Program is to ensure that older
12		-	persons and persons with disabilities receive quality
13		-	services. This is accomplished by providing advocacy services
14		-	for residents of long term care facilities and participants
15		-	receiving home care and community-based care. Managed care is
16		-	increasingly becoming the vehicle for delivering health and
17		-	long-term services and supports to seniors and persons with
18		-	disabilities, including dual eligible participants. The
19		-	additional ombudsman authority will allow advocacy services to
20		-	be provided to Illinois participants for the first time and
21		-	will produce a cost savings for the State of Illinois by
22		-	supporting the rebalancing efforts of the Patient Protection
23		-	and Affordable Care Act.
24		-	(a) Long Term Care Ombudsman Program. The Department shall
25		-	establish a Long Term Care Ombudsman Program, through the
26		-	Office of State Long Term Care Ombudsman ("the Office"), in
	3	+	1 AN ACT concerning aging.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Illinois Act on the Aging is amended by
	7	+	5 changing Section 4.04 as follows:
	8	+	6 (20 ILCS 105/4.04) (from Ch. 23, par. 6104.04)
	9	+	7 Sec. 4.04. Long Term Care Ombudsman Program. The purpose
	10	+	8 of the Long Term Care Ombudsman Program is to ensure that older
	11	+	9 persons and persons with disabilities receive quality
	12	+	10 services. This is accomplished by providing advocacy services
	13	+	11 for residents of long term care facilities and participants
	14	+	12 receiving home care and community-based care. Managed care is
	15	+	13 increasingly becoming the vehicle for delivering health and
	16	+	14 long-term services and supports to seniors and persons with
	17	+	15 disabilities, including dual eligible participants. The
	18	+	16 additional ombudsman authority will allow advocacy services to
	19	+	17 be provided to Illinois participants for the first time and
	20	+	18 will produce a cost savings for the State of Illinois by
	21	+	19 supporting the rebalancing efforts of the Patient Protection
	22	+	20 and Affordable Care Act.
	23	+	21 (a) Long Term Care Ombudsman Program. The Department shall
	24	+	22 establish a Long Term Care Ombudsman Program, through the
	25	+	23 Office of State Long Term Care Ombudsman ("the Office"), in
27	26
28	27
29	28
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32	31
33		-	accordance with the provisions of the Older Americans Act of
34		-	1965, as now or hereafter amended. The Long Term Care
35		-	Ombudsman Program is authorized, subject to sufficient
36		-	appropriations, to advocate on behalf of older persons and
37		-	persons with disabilities residing in their own homes or
38		-	community-based settings, relating to matters which may
39		-	adversely affect the health, safety, welfare, or rights of
40		-	such individuals.
41		-	(b) Definitions. As used in this Section, unless the
42		-	context requires otherwise:
43		-	(1) "Access" means the right to:
44		-	(i) Enter any long term care facility or assisted
45		-	living or shared housing establishment or supportive
46		-	living facility;
47		-	(ii) Communicate privately and without restriction
48		-	with any resident, regardless of age, who consents to
49		-	the communication;
50		-	(iii) Seek consent to communicate privately and
51		-	without restriction with any participant or resident,
52		-	regardless of age;
53		-	(iv) Inspect and copy the clinical and other
54		-	records of a participant or resident, regardless of
55		-	age, with the express written consent of the
56		-	participant or resident;
57		-	(v) Observe all areas of the long term care
58		-	facility or supportive living facilities, assisted
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	34	+	1 accordance with the provisions of the Older Americans Act of
	35	+	2 1965, as now or hereafter amended. The Long Term Care
	36	+	3 Ombudsman Program is authorized, subject to sufficient
	37	+	4 appropriations, to advocate on behalf of older persons and
	38	+	5 persons with disabilities residing in their own homes or
	39	+	6 community-based settings, relating to matters which may
	40	+	7 adversely affect the health, safety, welfare, or rights of
	41	+	8 such individuals.
	42	+	9 (b) Definitions. As used in this Section, unless the
	43	+	10 context requires otherwise:
	44	+	11 (1) "Access" means the right to:
	45	+	12 (i) Enter any long term care facility or assisted
	46	+	13 living or shared housing establishment or supportive
	47	+	14 living facility;
	48	+	15 (ii) Communicate privately and without restriction
	49	+	16 with any resident, regardless of age, who consents to
	50	+	17 the communication;
	51	+	18 (iii) Seek consent to communicate privately and
	52	+	19 without restriction with any participant or resident,
	53	+	20 regardless of age;
	54	+	21 (iv) Inspect and copy the clinical and other
	55	+	22 records of a participant or resident, regardless of
	56	+	23 age, with the express written consent of the
	57	+	24 participant or resident;
	58	+	25 (v) Observe all areas of the long term care
	59	+	26 facility or supportive living facilities, assisted
59	60
60	61
61		-	living or shared housing establishment except the
62		-	living area of any resident who protests the
63		-	observation; and
64		-	(vi) Subject to permission of the participant or
65		-	resident requesting services or his or her
66		-	representative, enter a home or community-based
67		-	setting.
68		-	(2) "Long Term Care Facility" means (i) any facility
69		-	as defined by Section 1-113 of the Nursing Home Care Act,
70		-	as now or hereafter amended; (ii) any skilled nursing
71		-	facility or a nursing facility which meets the
72		-	requirements of Section 1819(a), (b), (c), and (d) or
73		-	Section 1919(a), (b), (c), and (d) of the Social Security
74		-	Act, as now or hereafter amended (42 U.S.C. 1395i-3(a),
75		-	(b), (c), and (d) and 42 U.S.C. 1396r(a), (b), (c), and
76		-	(d)); (iii) any facility as defined by Section 1-113 of
77		-	the ID/DD Community Care Act, as now or hereafter amended;
78		-	(iv) any facility as defined by Section 1-113 of MC/DD
79		-	Act, as now or hereafter amended; and (v) any facility
80		-	licensed under Section 4-105 or 4-201 of the Specialized
81		-	Mental Health Rehabilitation Act of 2013, as now or
82		-	hereafter amended.
83		-	(2.5) "Assisted living establishment" and "shared
84		-	housing establishment" have the meanings given those terms
85		-	in Section 10 of the Assisted Living and Shared Housing
86		-	Act.
87	62
88	63
89		-	(2.7) "Supportive living facility" means a facility
90		-	established under Section 5-5.01a of the Illinois Public
91		-	Aid Code.
92		-	(2.8) "Community-based setting" means any place of
93		-	abode other than an individual's private home.
94		-	(3) "State Long Term Care Ombudsman" means any person
95		-	employed by the Department to fulfill the requirements of
96		-	the Office of State Long Term Care Ombudsman as required
97		-	under the Older Americans Act of 1965, as now or hereafter
98		-	amended, and Departmental policy.
99		-	(3.1) "Ombudsman" means any designated representative
100		-	of the State Long Term Care Ombudsman Program; provided
101		-	that the representative, whether he is paid for or
102		-	volunteers his ombudsman services, shall be qualified and
103		-	designated by the Office to perform the duties of an
104		-	ombudsman as specified by the Department in rules and in
105		-	accordance with the provisions of the Older Americans Act
106		-	of 1965, as now or hereafter amended.
107		-	(4) "Participant" means an older person aged 60 or
108		-	over or an adult with a disability aged 18 through 59 who
109		-	is eligible for services under any of the following:
110		-	(i) A medical assistance waiver administered by
111		-	the State.
112		-	(ii) A managed care organization providing care
113		-	coordination and other services to seniors and persons
114		-	with disabilities.
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116	67
117		-	(5) "Resident" means an older person aged 60 or over
118		-	or an adult with a disability aged 18 through 59 who
119		-	resides in a long-term care facility.
120		-	(c) Ombudsman; rules. The Office of State Long Term Care
121		-	Ombudsman shall be composed of at least one full-time
122		-	ombudsman and shall include a system of designated regional
123		-	long term care ombudsman programs. Each regional program shall
124		-	be designated by the State Long Term Care Ombudsman as a
125		-	subdivision of the Office and any representative of a regional
126		-	program shall be treated as a representative of the Office.
127		-	The Department, in consultation with the Office, shall
128		-	promulgate administrative rules in accordance with the
129		-	provisions of the Older Americans Act of 1965, as now or
130		-	hereafter amended, to establish the responsibilities of the
131		-	Department and the Office of State Long Term Care Ombudsman
132		-	and the designated regional Ombudsman programs. The
133		-	administrative rules shall include the responsibility of the
134		-	Office and designated regional programs to investigate and
135		-	resolve complaints made by or on behalf of residents of long
136		-	term care facilities, supportive living facilities, and
137		-	assisted living and shared housing establishments, and
138		-	participants residing in their own homes or community-based
139		-	settings, including the option to serve residents and
140		-	participants under the age of 60, relating to actions,
141		-	inaction, or decisions of providers, or their representatives,
142		-	of such facilities and establishments, of public agencies, or
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	70	+	1 living or shared housing establishment except the
	71	+	2 living area of any resident who protests the
	72	+	3 observation; and
	73	+	4 (vi) Subject to permission of the participant or
	74	+	5 resident requesting services or his or her
	75	+	6 representative, enter a home or community-based
	76	+	7 setting.
	77	+	8 (2) "Long Term Care Facility" means (i) any facility
	78	+	9 as defined by Section 1-113 of the Nursing Home Care Act,
	79	+	10 as now or hereafter amended; (ii) any skilled nursing
	80	+	11 facility or a nursing facility which meets the
	81	+	12 requirements of Section 1819(a), (b), (c), and (d) or
	82	+	13 Section 1919(a), (b), (c), and (d) of the Social Security
	83	+	14 Act, as now or hereafter amended (42 U.S.C. 1395i-3(a),
	84	+	15 (b), (c), and (d) and 42 U.S.C. 1396r(a), (b), (c), and
	85	+	16 (d)); (iii) any facility as defined by Section 1-113 of
	86	+	17 the ID/DD Community Care Act, as now or hereafter amended;
	87	+	18 (iv) any facility as defined by Section 1-113 of MC/DD
	88	+	19 Act, as now or hereafter amended; and (v) any facility
	89	+	20 licensed under Section 4-105 or 4-201 of the Specialized
	90	+	21 Mental Health Rehabilitation Act of 2013, as now or
	91	+	22 hereafter amended.
	92	+	23 (2.5) "Assisted living establishment" and "shared
	93	+	24 housing establishment" have the meanings given those terms
	94	+	25 in Section 10 of the Assisted Living and Shared Housing
	95	+	26 Act.
143	96
144	97
145		-	of social services agencies, which may adversely affect the
146		-	health, safety, welfare, or rights of such residents and
147		-	participants. The Office and designated regional programs may
148		-	represent all residents and participants, but are not required
149		-	by this Act to represent persons under 60 years of age, except
150		-	to the extent required by federal law. When necessary and
151		-	appropriate, representatives of the Office shall refer
152		-	complaints to the appropriate regulatory State agency. The
153		-	Department, in consultation with the Office, shall cooperate
154		-	with the Department of Human Services and other State agencies
155		-	in providing information and training to designated regional
156		-	long term care ombudsman programs about the appropriate
157		-	assessment and treatment (including information about
158		-	appropriate supportive services, treatment options, and
159		-	assessment of rehabilitation potential) of the participants
160		-	they serve.
161		-	The State Long Term Care Ombudsman and all other
162		-	ombudsmen, as defined in paragraph (3.1) of subsection (b)
163		-	must submit to background checks under the Health Care Worker
164		-	Background Check Act and receive training, as prescribed by
165		-	the Illinois Department on Aging, before visiting facilities,
166		-	private homes, or community-based settings. The training must
167		-	include information specific to assisted living
168		-	establishments, supportive living facilities, shared housing
169		-	establishments, private homes, and community-based settings
170		-	and to the rights of residents and participants guaranteed
171	98
172	99
173		-	under the corresponding Acts and administrative rules.
174		-	(c-5) Consumer Choice Information Reports. The Office
175		-	shall:
176		-	(1) In collaboration with the Attorney General, create
177		-	a Consumer Choice Information Report form to be completed
178		-	by all licensed long term care facilities to aid
179		-	Illinoisans and their families in making informed choices
180		-	about long term care. The Office shall create a Consumer
181		-	Choice Information Report for each type of licensed long
182		-	term care facility. The Office shall collaborate with the
183		-	Attorney General and the Department of Human Services to
184		-	create a Consumer Choice Information Report form for
185		-	facilities licensed under the ID/DD Community Care Act or
186		-	the MC/DD Act.
187		-	(2) Develop a database of Consumer Choice Information
188		-	Reports completed by licensed long term care facilities
189		-	that includes information in the following consumer
190		-	categories:
191		-	(A) Medical Care, Services, and Treatment.
192		-	(B) Special Services and Amenities.
193		-	(C) Staffing.
194		-	(D) Facility Statistics and Resident Demographics.
195		-	(E) Ownership and Administration.
196		-	(F) Safety and Security.
197		-	(G) Meals and Nutrition.
198		-	(H) Rooms, Furnishings, and Equipment.
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199	102
200	103
201		-	(I) Family, Volunteer, and Visitation Provisions.
202		-	(3) Make this information accessible to the public,
203		-	including on the Internet by means of a hyperlink on the
204		-	Office's World Wide Web home page. Information about
205		-	facilities licensed under the ID/DD Community Care Act or
206		-	the MC/DD Act shall be made accessible to the public by the
207		-	Department of Human Services, including on the Internet by
208		-	means of a hyperlink on the Department of Human Services'
209		-	"For Customers" website.
210		-	(4) Have the authority, with the Attorney General, to
211		-	verify that information provided by a facility is
212		-	accurate.
213		-	(5) Request a new report from any licensed facility
214		-	whenever it deems necessary.
215		-	(6) Include in the Office's Consumer Choice
216		-	Information Report for each type of licensed long term
217		-	care facility additional information on each licensed long
218		-	term care facility in the State of Illinois, including
219		-	information regarding each facility's compliance with the
220		-	relevant State and federal statutes, rules, and standards;
221		-	customer satisfaction surveys; and information generated
222		-	from quality measures developed by the Centers for
223		-	Medicare and Medicaid Services.
224		-	(d) Access and visitation rights.
225		-	(1) In accordance with subparagraphs (A) and (E) of
226		-	paragraph (3) of subsection (c) of Section 1819 and
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	106	+	1 (2.7) "Supportive living facility" means a facility
	107	+	2 established under Section 5-5.01a of the Illinois Public
	108	+	3 Aid Code.
	109	+	4 (2.8) "Community-based setting" means any place of
	110	+	5 abode other than an individual's private home.
	111	+	6 (3) "State Long Term Care Ombudsman" means any person
	112	+	7 employed by the Department to fulfill the requirements of
	113	+	8 the Office of State Long Term Care Ombudsman as required
	114	+	9 under the Older Americans Act of 1965, as now or hereafter
	115	+	10 amended, and Departmental policy.
	116	+	11 (3.1) "Ombudsman" means any designated representative
	117	+	12 of the State Long Term Care Ombudsman Program; provided
	118	+	13 that the representative, whether he is paid for or
	119	+	14 volunteers his ombudsman services, shall be qualified and
	120	+	15 designated by the Office to perform the duties of an
	121	+	16 ombudsman as specified by the Department in rules and in
	122	+	17 accordance with the provisions of the Older Americans Act
	123	+	18 of 1965, as now or hereafter amended.
	124	+	19 (4) "Participant" means an older person aged 60 or
	125	+	20 over or an adult with a disability aged 18 through 59 who
	126	+	21 is eligible for services under any of the following:
	127	+	22 (i) A medical assistance waiver administered by
	128	+	23 the State.
	129	+	24 (ii) A managed care organization providing care
	130	+	25 coordination and other services to seniors and persons
	131	+	26 with disabilities.
227	132
228	133
229		-	subparagraphs (A) and (E) of paragraph (3) of subsection
230		-	(c) of Section 1919 of the Social Security Act, as now or
231		-	hereafter amended (42 U.S.C. 1395i-3 (c)(3)(A) and (E) and
232		-	42 U.S.C. 1396r (c)(3)(A) and (E)), and Section 712 of the
233		-	Older Americans Act of 1965, as now or hereafter amended
234		-	(42 U.S.C. 3058f), a long term care facility, supportive
235		-	living facility, assisted living establishment, and shared
236		-	housing establishment must:
237		-	(i) permit immediate access to any resident,
238		-	regardless of age, by a designated ombudsman;
239		-	(ii) permit representatives of the Office, with
240		-	the permission of the resident, the resident's legal
241		-	representative, or the resident's legal guardian, to
242		-	examine and copy a resident's clinical and other
243		-	records, regardless of the age of the resident, and if
244		-	a resident is unable to consent to such review, and has
245		-	no legal guardian, permit representatives of the
246		-	Office appropriate access, as defined by the
247		-	Department, in consultation with the Office, in
248		-	administrative rules, to the resident's records; and
249		-	(iii) permit a representative of the Program to
250		-	communicate privately and without restriction with any
251		-	participant who consents to the communication
252		-	regardless of the consent of, or withholding of
253		-	consent by, a legal guardian or an agent named in a
254		-	power of attorney executed by the participant.
255	134
256	135
257		-	(2) Each long term care facility, supportive living
258		-	facility, assisted living establishment, and shared
259		-	housing establishment shall display, in multiple,
260		-	conspicuous public places within the facility accessible
261		-	to both visitors and residents and in an easily readable
262		-	format, the address and phone number of the Office of the
263		-	Long Term Care Ombudsman, in a manner prescribed by the
264		-	Office.
265		-	(e) Immunity. An ombudsman or any representative of the
266		-	Office participating in the good faith performance of his or
267		-	her official duties shall have immunity from any liability
268		-	(civil, criminal or otherwise) in any proceedings (civil,
269		-	criminal or otherwise) brought as a consequence of the
270		-	performance of his official duties.
271		-	(f) Business offenses.
272		-	(1) No person shall:
273		-	(i) Intentionally prevent, interfere with, or
274		-	attempt to impede in any way any representative of the
275		-	Office in the performance of his official duties under
276		-	this Act and the Older Americans Act of 1965; or
277		-	(ii) Intentionally retaliate, discriminate
278		-	against, or effect reprisals against any long term
279		-	care facility resident or employee for contacting or
280		-	providing information to any representative of the
281		-	Office.
282		-	(2) A violation of this Section is a business offense,
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283	138
284	139
285		-	punishable by a fine not to exceed $501.
286		-	(3) The State Long Term Care Ombudsman shall notify
287		-	the State's Attorney of the county in which the long term
288		-	care facility, supportive living facility, or assisted
289		-	living or shared housing establishment is located, or the
290		-	Attorney General, of any violations of this Section.
291		-	(g) Confidentiality of records and identities. The
292		-	Department shall establish procedures for the disclosure by
293		-	the State Ombudsman or the regional ombudsmen entities of
294		-	files maintained by the program. The procedures shall provide
295		-	that the files and records may be disclosed only at the
296		-	discretion of the State Long Term Care Ombudsman or the person
297		-	designated by the State Ombudsman to disclose the files and
298		-	records, and the procedures shall prohibit the disclosure of
299		-	the identity of any complainant, resident, participant,
300		-	witness, or employee of a long term care provider unless:
301		-	(1) the complainant, resident, participant, witness,
302		-	or employee of a long term care provider or his or her
303		-	legal representative consents to the disclosure and the
304		-	consent is in writing;
305		-	(2) the complainant, resident, participant, witness,
306		-	or employee of a long term care provider gives consent
307		-	orally; and the consent is documented contemporaneously in
308		-	writing in accordance with such requirements as the
309		-	Department shall establish; or
310		-	(3) the disclosure is required by court order.
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	142	+	1 (5) "Resident" means an older person aged 60 or over
	143	+	2 or an adult with a disability aged 18 through 59 who
	144	+	3 resides in a long-term care facility.
	145	+	4 (c) Ombudsman; rules. The Office of State Long Term Care
	146	+	5 Ombudsman shall be composed of at least one full-time
	147	+	6 ombudsman and shall include a system of designated regional
	148	+	7 long term care ombudsman programs. Each regional program shall
	149	+	8 be designated by the State Long Term Care Ombudsman as a
	150	+	9 subdivision of the Office and any representative of a regional
	151	+	10 program shall be treated as a representative of the Office.
	152	+	11 The Department, in consultation with the Office, shall
	153	+	12 promulgate administrative rules in accordance with the
	154	+	13 provisions of the Older Americans Act of 1965, as now or
	155	+	14 hereafter amended, to establish the responsibilities of the
	156	+	15 Department and the Office of State Long Term Care Ombudsman
	157	+	16 and the designated regional Ombudsman programs. The
	158	+	17 administrative rules shall include the responsibility of the
	159	+	18 Office and designated regional programs to investigate and
	160	+	19 resolve complaints made by or on behalf of residents of long
	161	+	20 term care facilities, supportive living facilities, and
	162	+	21 assisted living and shared housing establishments, and
	163	+	22 participants residing in their own homes or community-based
	164	+	23 settings, including the option to serve residents and
	165	+	24 participants under the age of 60, relating to actions,
	166	+	25 inaction, or decisions of providers, or their representatives,
	167	+	26 of such facilities and establishments, of public agencies, or
311	168
312	169
313		-	(h) Legal representation. The Attorney General shall
314		-	provide legal representation to any representative of the
315		-	Office against whom suit or other legal action is brought in
316		-	connection with the performance of the representative's
317		-	official duties, in accordance with the State Employee
318		-	Indemnification Act.
319		-	(i) Treatment by prayer and spiritual means. Nothing in
320		-	this Act shall be construed to authorize or require the
321		-	medical supervision, regulation or control of remedial care or
322		-	treatment of any resident in a long term care facility
323		-	operated exclusively by and for members or adherents of any
324		-	church or religious denomination the tenets and practices of
325		-	which include reliance solely upon spiritual means through
326		-	prayer for healing.
327		-	(j) The Long Term Care Ombudsman Fund is created as a
328		-	special fund in the State treasury to receive moneys for the
329		-	express purposes of this Section. All interest earned on
330		-	moneys in the fund shall be credited to the fund. Moneys
331		-	contained in the fund shall be used to support the purposes of
332		-	this Section.
333		-	(k) Each Regional Ombudsman may, in accordance with rules
334		-	promulgated by the Office, establish a multi-disciplinary team
335		-	to act in an advisory role for the purpose of providing
336		-	professional knowledge and expertise in handling complex
337		-	abuse, neglect, and advocacy issues involving participants.
338		-	Each multi-disciplinary team may consist of one or more
339	170
340	171
341		-	volunteer representatives from any combination of at least 7
342		-	members from the following professions: banking or finance;
343		-	disability care; health care; pharmacology; law; law
344		-	enforcement; emergency responder; mental health care; clergy;
345		-	coroner or medical examiner; substance abuse; domestic
346		-	violence; sexual assault; or other related fields. To support
347		-	multi-disciplinary teams in this role, law enforcement
348		-	agencies and coroners or medical examiners shall supply
349		-	records as may be requested in particular cases. The Regional
350		-	Ombudsman, or his or her designee, of the area in which the
351		-	multi-disciplinary team is created shall be the facilitator of
352		-	the multi-disciplinary team.
353		-	(Source: P.A. 102-1033, eff. 1-1-23.)
354		-	Section 10. The Adult Protective Services Act is amended
355		-	by changing Sections 2, 4, 4.1, 4.2, 5, and 8 as follows:
356		-	(320 ILCS 20/2) (from Ch. 23, par. 6602)
357		-	Sec. 2. Definitions. As used in this Act, unless the
358		-	context requires otherwise:
359		-	(a) "Abandonment" means the desertion or willful forsaking
360		-	of an eligible adult by an individual responsible for the care
361		-	and custody of that eligible adult under circumstances in
362		-	which a reasonable person would continue to provide care and
363		-	custody. Nothing in this Act shall be construed to mean that an
364		-	eligible adult is a victim of abandonment because of health
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365	174
366	175
367		-	care services provided or not provided by licensed health care
368		-	professionals.
369		-	(a-1) "Abuse" means causing any physical, mental or sexual
370		-	injury to an eligible adult, including exploitation of such
371		-	adult's financial resources, and abandonment.
372		-	Nothing in this Act shall be construed to mean that an
373		-	eligible adult is a victim of abuse, abandonment, neglect, or
374		-	self-neglect for the sole reason that he or she is being
375		-	furnished with or relies upon treatment by spiritual means
376		-	through prayer alone, in accordance with the tenets and
377		-	practices of a recognized church or religious denomination.
378		-	Nothing in this Act shall be construed to mean that an
379		-	eligible adult is a victim of abuse because of health care
380		-	services provided or not provided by licensed health care
381		-	professionals.
382		-	Nothing in this Act shall be construed to mean that an
383		-	eligible adult is a victim of abuse in cases of criminal
384		-	activity by strangers, telemarketing scams, consumer fraud,
385		-	internet fraud, home repair disputes, complaints against a
386		-	homeowners' association, or complaints between landlords and
387		-	tenants.
388		-	(a-5) "Abuser" means a person who is a family member,
389		-	caregiver, or another person who has a continuing relationship
390		-	with the eligible adult and abuses, abandons, neglects, or
391		-	financially exploits an eligible adult.
392		-	(a-6) "Adult with disabilities" means a person aged 18
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	178	+	1 of social services agencies, which may adversely affect the
	179	+	2 health, safety, welfare, or rights of such residents and
	180	+	3 participants. The Office and designated regional programs may
	181	+	4 represent all residents and participants, but are not required
	182	+	5 by this Act to represent persons under 60 years of age, except
	183	+	6 to the extent required by federal law. When necessary and
	184	+	7 appropriate, representatives of the Office shall refer
	185	+	8 complaints to the appropriate regulatory State agency. The
	186	+	9 Department, in consultation with the Office, shall cooperate
	187	+	10 with the Department of Human Services and other State agencies
	188	+	11 in providing information and training to designated regional
	189	+	12 long term care ombudsman programs about the appropriate
	190	+	13 assessment and treatment (including information about
	191	+	14 appropriate supportive services, treatment options, and
	192	+	15 assessment of rehabilitation potential) of the participants
	193	+	16 they serve.
	194	+	17 The State Long Term Care Ombudsman and all other
	195	+	18 ombudsmen, as defined in paragraph (3.1) of subsection (b)
	196	+	19 must submit to background checks under the Health Care Worker
	197	+	20 Background Check Act and receive training, as prescribed by
	198	+	21 the Illinois Department on Aging, before visiting facilities,
	199	+	22 private homes, or community-based settings. The training must
	200	+	23 include information specific to assisted living
	201	+	24 establishments, supportive living facilities, shared housing
	202	+	25 establishments, private homes, and community-based settings
	203	+	26 and to the rights of residents and participants guaranteed
393	204
394	205
395		-	through 59 who resides in a domestic living situation and
396		-	whose disability as defined in subsection (c-5) impairs his or
397		-	her ability to seek or obtain protection from abuse,
398		-	abandonment, neglect, or exploitation.
399		-	(a-7) "Caregiver" means a person who either as a result of
400		-	a family relationship, voluntarily, or in exchange for
401		-	compensation has assumed responsibility for all or a portion
402		-	of the care of an eligible adult who needs assistance with
403		-	activities of daily living or instrumental activities of daily
404		-	living.
405		-	(b) "Department" means the Department on Aging of the
406		-	State of Illinois.
407		-	(c) "Director" means the Director of the Department.
408		-	(c-5) "Disability" means a physical or mental disability,
409		-	including, but not limited to, a developmental disability, an
410		-	intellectual disability, a mental illness as defined under the
411		-	Mental Health and Developmental Disabilities Code, or dementia
412		-	as defined under the Alzheimer's Disease Assistance Act.
413		-	(d) "Domestic living situation" means a residence where
414		-	the eligible adult at the time of the report lives alone or
415		-	with his or her family or a caregiver, or others, or other
416		-	community-based unlicensed facility, but is not:
417		-	(1) A licensed facility as defined in Section 1-113 of
418		-	the Nursing Home Care Act;
419		-	(1.5) A facility licensed under the ID/DD Community
420		-	Care Act;
421	206
422	207
423		-	(1.6) A facility licensed under the MC/DD Act;
424		-	(1.7) A facility licensed under the Specialized Mental
425		-	Health Rehabilitation Act of 2013;
426		-	(2) A "life care facility" as defined in the Life Care
427		-	Facilities Act;
428		-	(3) A home, institution, or other place operated by
429		-	the federal government or agency thereof or by the State
430		-	of Illinois;
431		-	(4) A hospital, sanitarium, or other institution, the
432		-	principal activity or business of which is the diagnosis,
433		-	care, and treatment of human illness through the
434		-	maintenance and operation of organized facilities
435		-	therefor, which is required to be licensed under the
436		-	Hospital Licensing Act;
437		-	(5) A "community living facility" as defined in the
438		-	Community Living Facilities Licensing Act;
439		-	(6) (Blank);
440		-	(7) A "community-integrated living arrangement" as
441		-	defined in the Community-Integrated Living Arrangements
442		-	Licensure and Certification Act or a "community
443		-	residential alternative" as licensed under that Act;
444		-	(8) An assisted living or shared housing establishment
445		-	as defined in the Assisted Living and Shared Housing Act;
446		-	or
447		-	(9) A supportive living facility as described in
448		-	Section 5-5.01a of the Illinois Public Aid Code.
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449	210
450	211
451		-	(e) "Eligible adult" means either an adult with
452		-	disabilities aged 18 through 59 or a person aged 60 or older
453		-	who resides in a domestic living situation and is, or is
454		-	alleged to be, abused, abandoned, neglected, or financially
455		-	exploited by another individual or who neglects himself or
456		-	herself. "Eligible adult" also includes an adult who resides
457		-	in any of the facilities that are excluded from the definition
458		-	of "domestic living situation" under paragraphs (1) through
459		-	(9) of subsection (d), if either: (i) the alleged abuse,
460		-	abandonment, or neglect occurs outside of the facility and not
461		-	under facility supervision and the alleged abuser is a family
462		-	member, caregiver, or another person who has a continuing
463		-	relationship with the adult; or (ii) the alleged financial
464		-	exploitation is perpetrated by a family member, caregiver, or
465		-	another person who has a continuing relationship with the
466		-	adult, but who is not an employee of the facility where the
467		-	adult resides.
468		-	(f) "Emergency" means a situation in which an eligible
469		-	adult is living in conditions presenting a risk of death or
470		-	physical, mental or sexual injury and the provider agency has
471		-	reason to believe the eligible adult is unable to consent to
472		-	services which would alleviate that risk.
473		-	(f-1) "Financial exploitation" means the use of an
474		-	eligible adult's resources by another to the disadvantage of
475		-	that adult or the profit or advantage of a person other than
476		-	that adult.
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	214	+	1 under the corresponding Acts and administrative rules.
	215	+	2 (c-5) Consumer Choice Information Reports. The Office
	216	+	3 shall:
	217	+	4 (1) In collaboration with the Attorney General, create
	218	+	5 a Consumer Choice Information Report form to be completed
	219	+	6 by all licensed long term care facilities to aid
	220	+	7 Illinoisans and their families in making informed choices
	221	+	8 about long term care. The Office shall create a Consumer
	222	+	9 Choice Information Report for each type of licensed long
	223	+	10 term care facility. The Office shall collaborate with the
	224	+	11 Attorney General and the Department of Human Services to
	225	+	12 create a Consumer Choice Information Report form for
	226	+	13 facilities licensed under the ID/DD Community Care Act or
	227	+	14 the MC/DD Act.
	228	+	15 (2) Develop a database of Consumer Choice Information
	229	+	16 Reports completed by licensed long term care facilities
	230	+	17 that includes information in the following consumer
	231	+	18 categories:
	232	+	19 (A) Medical Care, Services, and Treatment.
	233	+	20 (B) Special Services and Amenities.
	234	+	21 (C) Staffing.
	235	+	22 (D) Facility Statistics and Resident Demographics.
	236	+	23 (E) Ownership and Administration.
	237	+	24 (F) Safety and Security.
	238	+	25 (G) Meals and Nutrition.
	239	+	26 (H) Rooms, Furnishings, and Equipment.
477	240
478	241
479		-	(f-3) "Investment advisor" means any person required to
480		-	register as an investment adviser or investment adviser
481		-	representative under Section 8 of the Illinois Securities Law
482		-	of 1953, which for purposes of this Act excludes any bank,
483		-	trust company, savings bank, or credit union, or their
484		-	respective employees.
485		-	(f-5) "Mandated reporter" means any of the following
486		-	persons while engaged in carrying out their professional
487		-	duties:
488		-	(1) a professional or professional's delegate while
489		-	engaged in: (i) social services, (ii) law enforcement,
490		-	(iii) education, (iv) the care of an eligible adult or
491		-	eligible adults, or (v) any of the occupations required to
492		-	be licensed under the Behavior Analyst Licensing Act, the
493		-	Clinical Psychologist Licensing Act, the Clinical Social
494		-	Work and Social Work Practice Act, the Illinois Dental
495		-	Practice Act, the Dietitian Nutritionist Practice Act, the
496		-	Marriage and Family Therapy Licensing Act, the Medical
497		-	Practice Act of 1987, the Naprapathic Practice Act, the
498		-	Nurse Practice Act, the Nursing Home Administrators
499		-	Licensing and Disciplinary Act, the Illinois Occupational
500		-	Therapy Practice Act, the Illinois Optometric Practice Act
501		-	of 1987, the Pharmacy Practice Act, the Illinois Physical
502		-	Therapy Act, the Physician Assistant Practice Act of 1987,
503		-	the Podiatric Medical Practice Act of 1987, the
504		-	Respiratory Care Practice Act, the Professional Counselor
505	242
506	243
507		-	and Clinical Professional Counselor Licensing and Practice
508		-	Act, the Illinois Speech-Language Pathology and Audiology
509		-	Practice Act, the Veterinary Medicine and Surgery Practice
510		-	Act of 2004, and the Illinois Public Accounting Act;
511		-	(1.5) an employee of an entity providing developmental
512		-	disabilities services or service coordination funded by
513		-	the Department of Human Services;
514		-	(2) an employee of a vocational rehabilitation
515		-	facility prescribed or supervised by the Department of
516		-	Human Services;
517		-	(3) an administrator, employee, or person providing
518		-	services in or through an unlicensed community based
519		-	facility;
520		-	(4) any religious practitioner who provides treatment
521		-	by prayer or spiritual means alone in accordance with the
522		-	tenets and practices of a recognized church or religious
523		-	denomination, except as to information received in any
524		-	confession or sacred communication enjoined by the
525		-	discipline of the religious denomination to be held
526		-	confidential;
527		-	(5) field personnel of the Department of Healthcare
528		-	and Family Services, Department of Public Health, and
529		-	Department of Human Services, and any county or municipal
530		-	health department;
531		-	(6) personnel of the Department of Human Services, the
532		-	Guardianship and Advocacy Commission, the State Fire
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533	246
534	247
535		-	Marshal, local fire departments, the Department on Aging
536		-	and its subsidiary Area Agencies on Aging and provider
537		-	agencies, except the State Long Term Care Ombudsman and
538		-	any of his or her representatives or volunteers where
539		-	prohibited from making such a report pursuant to 45 CFR
540		-	1324.11(e)(3)(iv); and the Office of State Long Term Care
541		-	Ombudsman;
542		-	(7) any employee of the State of Illinois not
543		-	otherwise specified herein who is involved in providing
544		-	services to eligible adults, including professionals
545		-	providing medical or rehabilitation services and all other
546		-	persons having direct contact with eligible adults;
547		-	(8) a person who performs the duties of a coroner or
548		-	medical examiner; or
549		-	(9) a person who performs the duties of a paramedic or
550		-	an emergency medical technician; or .
551		-	(10) a person who performs the duties of an investment
552		-	advisor.
553		-	(g) "Neglect" means another individual's failure to
554		-	provide an eligible adult with or willful withholding from an
555		-	eligible adult the necessities of life including, but not
556		-	limited to, food, clothing, shelter or health care. This
557		-	subsection does not create any new affirmative duty to provide
558		-	support to eligible adults. Nothing in this Act shall be
559		-	construed to mean that an eligible adult is a victim of neglect
560		-	because of health care services provided or not provided by
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	250	+	1 (I) Family, Volunteer, and Visitation Provisions.
	251	+	2 (3) Make this information accessible to the public,
	252	+	3 including on the Internet by means of a hyperlink on the
	253	+	4 Office's World Wide Web home page. Information about
	254	+	5 facilities licensed under the ID/DD Community Care Act or
	255	+	6 the MC/DD Act shall be made accessible to the public by the
	256	+	7 Department of Human Services, including on the Internet by
	257	+	8 means of a hyperlink on the Department of Human Services'
	258	+	9 "For Customers" website.
	259	+	10 (4) Have the authority, with the Attorney General, to
	260	+	11 verify that information provided by a facility is
	261	+	12 accurate.
	262	+	13 (5) Request a new report from any licensed facility
	263	+	14 whenever it deems necessary.
	264	+	15 (6) Include in the Office's Consumer Choice
	265	+	16 Information Report for each type of licensed long term
	266	+	17 care facility additional information on each licensed long
	267	+	18 term care facility in the State of Illinois, including
	268	+	19 information regarding each facility's compliance with the
	269	+	20 relevant State and federal statutes, rules, and standards;
	270	+	21 customer satisfaction surveys; and information generated
	271	+	22 from quality measures developed by the Centers for
	272	+	23 Medicare and Medicaid Services.
	273	+	24 (d) Access and visitation rights.
	274	+	25 (1) In accordance with subparagraphs (A) and (E) of
	275	+	26 paragraph (3) of subsection (c) of Section 1819 and
561	276
562	277
563		-	licensed health care professionals.
564		-	(h) "Provider agency" means any public or nonprofit agency
565		-	in a planning and service area that is selected by the
566		-	Department or appointed by the regional administrative agency
567		-	with prior approval by the Department on Aging to receive and
568		-	assess reports of alleged or suspected abuse, abandonment,
569		-	neglect, or financial exploitation. A provider agency is also
570		-	referenced as a "designated agency" in this Act.
571		-	(i) "Regional administrative agency" means any public or
572		-	nonprofit agency in a planning and service area that provides
573		-	regional oversight and performs functions as set forth in
574		-	subsection (b) of Section 3 of this Act. The Department shall
575		-	designate an Area Agency on Aging as the regional
576		-	administrative agency or, in the event the Area Agency on
577		-	Aging in that planning and service area is deemed by the
578		-	Department to be unwilling or unable to provide those
579		-	functions, the Department may serve as the regional
580		-	administrative agency or designate another qualified entity to
581		-	serve as the regional administrative agency; any such
582		-	designation shall be subject to terms set forth by the
583		-	Department.
584		-	(i-5) "Self-neglect" means a condition that is the result
585		-	of an eligible adult's inability, due to physical or mental
586		-	impairments, or both, or a diminished capacity, to perform
587		-	essential self-care tasks that substantially threaten his or
588		-	her own health, including: providing essential food, clothing,
589	278
590	279
591		-	shelter, and health care; and obtaining goods and services
592		-	necessary to maintain physical health, mental health,
593		-	emotional well-being, and general safety. The term includes
594		-	compulsive hoarding, which is characterized by the acquisition
595		-	and retention of large quantities of items and materials that
596		-	produce an extensively cluttered living space, which
597		-	significantly impairs the performance of essential self-care
598		-	tasks or otherwise substantially threatens life or safety.
599		-	(j) "Substantiated case" means a reported case of alleged
600		-	or suspected abuse, abandonment, neglect, financial
601		-	exploitation, or self-neglect in which a provider agency,
602		-	after assessment, determines that there is reason to believe
603		-	abuse, abandonment, neglect, or financial exploitation has
604		-	occurred.
605		-	(k) "Verified" means a determination that there is "clear
606		-	and convincing evidence" that the specific injury or harm
607		-	alleged was the result of abuse, abandonment, neglect, or
608		-	financial exploitation.
609		-	(Source: P.A. 102-244, eff. 1-1-22; 102-953, eff. 5-27-22.)
610		-	(320 ILCS 20/4) (from Ch. 23, par. 6604)
611		-	Sec. 4. Reports of abuse, abandonment, or neglect.
612		-	(a) Any person who suspects the abuse, abandonment,
613		-	neglect, financial exploitation, or self-neglect of an
614		-	eligible adult may report this suspicion or information about
615		-	the suspicious death of an eligible adult to an agency
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616	282
617	283
618		-	designated to receive such reports under this Act or to the
619		-	Department.
620		-	(a-5) If any mandated reporter has reason to believe that
621		-	an eligible adult, who because of a disability or other
622		-	condition or impairment is unable to seek assistance for
623		-	himself or herself, has, within the previous 12 months, been
624		-	subjected to abuse, abandonment, neglect, or financial
625		-	exploitation, the mandated reporter shall, within 24 hours
626		-	after developing such belief, report this suspicion to an
627		-	agency designated to receive such reports under this Act or to
628		-	the Department. The agency designated to receive such reports
629		-	under this Act or the Department may establish a manner in
630		-	which a mandated reporter can make the required report through
631		-	an Internet reporting tool. Information sent and received
632		-	through the Internet reporting tool is subject to the same
633		-	rules in this Act as other types of confidential reporting
634		-	established by the designated agency or the Department.
635		-	Whenever a mandated reporter is required to report under this
636		-	Act in his or her capacity as a member of the staff of a
637		-	medical or other public or private institution, facility, or
638		-	agency, he or she shall make a report to an agency designated
639		-	to receive such reports under this Act or to the Department in
640		-	accordance with the provisions of this Act and may also notify
641		-	the person in charge of the institution, facility, or agency
642		-	or his or her designated agent that the report has been made.
643		-	Under no circumstances shall any person in charge of such
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	286	+	1 subparagraphs (A) and (E) of paragraph (3) of subsection
	287	+	2 (c) of Section 1919 of the Social Security Act, as now or
	288	+	3 hereafter amended (42 U.S.C. 1395i-3 (c)(3)(A) and (E) and
	289	+	4 42 U.S.C. 1396r (c)(3)(A) and (E)), and Section 712 of the
	290	+	5 Older Americans Act of 1965, as now or hereafter amended
	291	+	6 (42 U.S.C. 3058f), a long term care facility, supportive
	292	+	7 living facility, assisted living establishment, and shared
	293	+	8 housing establishment must:
	294	+	9 (i) permit immediate access to any resident,
	295	+	10 regardless of age, by a designated ombudsman;
	296	+	11 (ii) permit representatives of the Office, with
	297	+	12 the permission of the resident, the resident's legal
	298	+	13 representative, or the resident's legal guardian, to
	299	+	14 examine and copy a resident's clinical and other
	300	+	15 records, regardless of the age of the resident, and if
	301	+	16 a resident is unable to consent to such review, and has
	302	+	17 no legal guardian, permit representatives of the
	303	+	18 Office appropriate access, as defined by the
	304	+	19 Department, in consultation with the Office, in
	305	+	20 administrative rules, to the resident's records; and
	306	+	21 (iii) permit a representative of the Program to
	307	+	22 communicate privately and without restriction with any
	308	+	23 participant who consents to the communication
	309	+	24 regardless of the consent of, or withholding of
	310	+	25 consent by, a legal guardian or an agent named in a
	311	+	26 power of attorney executed by the participant.
644	312
645	313
646		-	institution, facility, or agency, or his or her designated
647		-	agent to whom the notification has been made, exercise any
648		-	control, restraint, modification, or other change in the
649		-	report or the forwarding of the report to an agency designated
650		-	to receive such reports under this Act or to the Department.
651		-	The privileged quality of communication between any
652		-	professional person required to report and his or her patient
653		-	or client shall not apply to situations involving abused,
654		-	abandoned, neglected, or financially exploited eligible adults
655		-	and shall not constitute grounds for failure to report as
656		-	required by this Act.
657		-	(a-6) If a mandated reporter has reason to believe that
658		-	the death of an eligible adult may be the result of abuse or
659		-	neglect, the matter shall be reported to an agency designated
660		-	to receive such reports under this Act or to the Department for
661		-	subsequent referral to the appropriate law enforcement agency
662		-	and the coroner or medical examiner in accordance with
663		-	subsection (c-5) of Section 3 of this Act.
664		-	(a-7) A person making a report under this Act in the belief
665		-	that it is in the alleged victim's best interest shall be
666		-	immune from criminal or civil liability or professional
667		-	disciplinary action on account of making the report,
668		-	notwithstanding any requirements concerning the
669		-	confidentiality of information with respect to such eligible
670		-	adult which might otherwise be applicable.
671		-	(a-9) Law enforcement officers shall continue to report
672	314
673	315
674		-	incidents of alleged abuse pursuant to the Illinois Domestic
675		-	Violence Act of 1986, notwithstanding any requirements under
676		-	this Act.
677		-	(b) Any person, institution or agency participating in the
678		-	making of a report, providing information or records related
679		-	to a report, assessment, or services, or participating in the
680		-	investigation of a report under this Act in good faith, or
681		-	taking photographs or x-rays as a result of an authorized
682		-	assessment, shall have immunity from any civil, criminal or
683		-	other liability in any civil, criminal or other proceeding
684		-	brought in consequence of making such report or assessment or
685		-	on account of submitting or otherwise disclosing such
686		-	photographs or x-rays to any agency designated to receive
687		-	reports of alleged or suspected abuse, abandonment, or
688		-	neglect. Any person, institution or agency authorized by the
689		-	Department to provide assessment, intervention, or
690		-	administrative services under this Act shall, in the good
691		-	faith performance of those services, have immunity from any
692		-	civil, criminal or other liability in any civil, criminal, or
693		-	other proceeding brought as a consequence of the performance
694		-	of those services. For the purposes of any civil, criminal, or
695		-	other proceeding, the good faith of any person required to
696		-	report, permitted to report, or participating in an
697		-	investigation of a report of alleged or suspected abuse,
698		-	abandonment, neglect, financial exploitation, or self-neglect
699		-	shall be presumed.
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700	318
701	319
702		-	(c) The identity of a person making a report of alleged or
703		-	suspected abuse, abandonment, neglect, financial exploitation,
704		-	or self-neglect or a report concerning information about the
705		-	suspicious death of an eligible adult under this Act may be
706		-	disclosed by the Department or other agency provided for in
707		-	this Act only with such person's written consent or by court
708		-	order, but is otherwise confidential.
709		-	(d) The Department shall by rule establish a system for
710		-	filing and compiling reports made under this Act.
711		-	(e) Any physician who willfully fails to report as
712		-	required by this Act shall be referred to the Illinois State
713		-	Medical Disciplinary Board for action in accordance with
714		-	subdivision (A)(22) of Section 22 of the Medical Practice Act
715		-	of 1987. Any dentist or dental hygienist who willfully fails
716		-	to report as required by this Act shall be referred to the
717		-	Department of Professional Regulation for action in accordance
718		-	with paragraph 19 of Section 23 of the Illinois Dental
719		-	Practice Act. Any optometrist who willfully fails to report as
720		-	required by this Act shall be referred to the Department of
721		-	Financial and Professional Regulation for action in accordance
722		-	with paragraph (15) of subsection (a) of Section 24 of the
723		-	Illinois Optometric Practice Act of 1987. Any other mandated
724		-	reporter required by this Act to report suspected abuse,
725		-	abandonment, neglect, or financial exploitation who willfully
726		-	fails to report the same is guilty of a Class A misdemeanor.
727		-	(Source: P.A. 102-244, eff. 1-1-22.)
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	322	+	1 (2) Each long term care facility, supportive living
	323	+	2 facility, assisted living establishment, and shared
	324	+	3 housing establishment shall display, in multiple,
	325	+	4 conspicuous public places within the facility accessible
	326	+	5 to both visitors and residents and in an easily readable
	327	+	6 format, the address and phone number of the Office of the
	328	+	7 Long Term Care Ombudsman, in a manner prescribed by the
	329	+	8 Office.
	330	+	9 (e) Immunity. An ombudsman or any representative of the
	331	+	10 Office participating in the good faith performance of his or
	332	+	11 her official duties shall have immunity from any liability
	333	+	12 (civil, criminal or otherwise) in any proceedings (civil,
	334	+	13 criminal or otherwise) brought as a consequence of the
	335	+	14 performance of his official duties.
	336	+	15 (f) Business offenses.
	337	+	16 (1) No person shall:
	338	+	17 (i) Intentionally prevent, interfere with, or
	339	+	18 attempt to impede in any way any representative of the
	340	+	19 Office in the performance of his official duties under
	341	+	20 this Act and the Older Americans Act of 1965; or
	342	+	21 (ii) Intentionally retaliate, discriminate
	343	+	22 against, or effect reprisals against any long term
	344	+	23 care facility resident or employee for contacting or
	345	+	24 providing information to any representative of the
	346	+	25 Office.
	347	+	26 (2) A violation of this Section is a business offense,
728	348
729	349
730		-	(320 ILCS 20/4.1)
731		-	Sec. 4.1. Employer discrimination. No employer shall
732		-	discharge, demote or suspend, or threaten to discharge, demote
733		-	or suspend, or in any manner discriminate against any
734		-	employee: (i) who makes any good faith oral or written report
735		-	of suspected abuse, abandonment, neglect, or financial
736		-	exploitation; (ii) who makes any good faith oral or written
737		-	report concerning information about the suspicious death of an
738		-	eligible adult; or (iii) who is or will be a witness or testify
739		-	in any investigation or proceeding concerning a report of
740		-	suspected abuse, abandonment, neglect, or financial
741		-	exploitation.
742		-	(Source: P.A. 102-244, eff. 1-1-22.)
743		-	(320 ILCS 20/4.2)
744		-	Sec. 4.2. Testimony by mandated reporter and investigator.
745		-	Any mandated reporter who makes a report or any person who
746		-	investigates a report under this Act shall testify fully in
747		-	any judicial proceeding resulting from such report, as to any
748		-	evidence of abuse, abandonment, neglect, or financial
749		-	exploitation or the cause thereof. Any mandated reporter who
750		-	is required to report a suspected case of or a suspicious death
751		-	due to abuse, abandonment, neglect, or financial exploitation
752		-	under Section 4 of this Act shall testify fully in any
753		-	administrative hearing resulting from such report, as to any
754	350
755	351
756		-	evidence of abuse, abandonment, neglect, or financial
757		-	exploitation or the cause thereof. No evidence shall be
758		-	excluded by reason of any common law or statutory privilege
759		-	relating to communications between the alleged abuser or the
760		-	eligible adult subject of the report under this Act and the
761		-	person making or investigating the report.
762		-	(Source: P.A. 102-244, eff. 1-1-22.)
763		-	(320 ILCS 20/5) (from Ch. 23, par. 6605)
764		-	Sec. 5. Procedure.
765		-	(a) A provider agency designated to receive reports of
766		-	alleged or suspected abuse, abandonment, neglect, financial
767		-	exploitation, or self-neglect under this Act shall, upon
768		-	receiving such a report, conduct a face-to-face assessment
769		-	with respect to such report, in accord with established law
770		-	and Department protocols, procedures, and policies.
771		-	Face-to-face assessments, casework, and follow-up of reports
772		-	of self-neglect by the provider agencies designated to receive
773		-	reports of self-neglect shall be subject to sufficient
774		-	appropriation for statewide implementation of assessments,
775		-	casework, and follow-up of reports of self-neglect. In the
776		-	absence of sufficient appropriation for statewide
777		-	implementation of assessments, casework, and follow-up of
778		-	reports of self-neglect, the designated adult protective
779		-	services provider agency shall refer all reports of
780		-	self-neglect to the appropriate agency or agencies as
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781	354
782	355
783		-	designated by the Department for any follow-up. The assessment
784		-	shall include, but not be limited to, a visit to the residence
785		-	of the eligible adult who is the subject of the report and
786		-	shall include interviews or consultations regarding the
787		-	allegations with service agencies, immediate family members,
788		-	and individuals who may have knowledge of the eligible adult's
789		-	circumstances based on the consent of the eligible adult in
790		-	all instances, except where the provider agency is acting in
791		-	the best interest of an eligible adult who is unable to seek
792		-	assistance for himself or herself and where there are
793		-	allegations against a caregiver who has assumed
794		-	responsibilities in exchange for compensation. If, after the
795		-	assessment, the provider agency determines that the case is
796		-	substantiated it shall develop a service care plan for the
797		-	eligible adult and may report its findings at any time during
798		-	the case to the appropriate law enforcement agency in accord
799		-	with established law and Department protocols, procedures, and
800		-	policies. In developing a case plan, the provider agency may
801		-	consult with any other appropriate provider of services, and
802		-	such providers shall be immune from civil or criminal
803		-	liability on account of such acts. The plan shall include
804		-	alternative suggested or recommended services which are
805		-	appropriate to the needs of the eligible adult and which
806		-	involve the least restriction of the eligible adult's
807		-	activities commensurate with his or her needs. Only those
808		-	services to which consent is provided in accordance with
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	358	+	1 punishable by a fine not to exceed $501.
	359	+	2 (3) The State Long Term Care Ombudsman shall notify
	360	+	3 the State's Attorney of the county in which the long term
	361	+	4 care facility, supportive living facility, or assisted
	362	+	5 living or shared housing establishment is located, or the
	363	+	6 Attorney General, of any violations of this Section.
	364	+	7 (g) Confidentiality of records and identities. The
	365	+	8 Department shall establish procedures for the disclosure by
	366	+	9 the State Ombudsman or the regional ombudsmen entities of
	367	+	10 files maintained by the program. The procedures shall provide
	368	+	11 that the files and records may be disclosed only at the
	369	+	12 discretion of the State Long Term Care Ombudsman or the person
	370	+	13 designated by the State Ombudsman to disclose the files and
	371	+	14 records, and the procedures shall prohibit the disclosure of
	372	+	15 the identity of any complainant, resident, participant,
	373	+	16 witness, or employee of a long term care provider unless:
	374	+	17 (1) the complainant, resident, participant, witness,
	375	+	18 or employee of a long term care provider or his or her
	376	+	19 legal representative consents to the disclosure and the
	377	+	20 consent is in writing;
	378	+	21 (2) the complainant, resident, participant, witness,
	379	+	22 or employee of a long term care provider gives consent
	380	+	23 orally; and the consent is documented contemporaneously in
	381	+	24 writing in accordance with such requirements as the
	382	+	25 Department shall establish; or
	383	+	26 (3) the disclosure is required by court order.
809	384
810	385
811		-	Section 9 of this Act shall be provided, contingent upon the
812		-	availability of such services.
813		-	(b) A provider agency shall refer evidence of crimes
814		-	against an eligible adult to the appropriate law enforcement
815		-	agency according to Department policies. A referral to law
816		-	enforcement may be made at intake, at or any time during the
817		-	case, or after a report of a suspicious death, depending upon
818		-	the circumstances. Where a provider agency has reason to
819		-	believe the death of an eligible adult may be the result of
820		-	abuse, abandonment, or neglect, the agency shall immediately
821		-	report the matter to the coroner or medical examiner and shall
822		-	cooperate fully with any subsequent investigation.
823		-	(c) If any person other than the alleged victim refuses to
824		-	allow the provider agency to begin an investigation,
825		-	interferes with the provider agency's ability to conduct an
826		-	investigation, or refuses to give access to an eligible adult,
827		-	the appropriate law enforcement agency must be consulted
828		-	regarding the investigation.
829		-	(Source: P.A. 101-496, eff. 1-1-20; 102-244, eff. 1-1-22.)
830		-	(320 ILCS 20/8) (from Ch. 23, par. 6608)
831		-	Sec. 8. Access to records. All records concerning reports
832		-	of abuse, abandonment, neglect, financial exploitation, or
833		-	self-neglect or reports of suspicious deaths due to abuse,
834		-	neglect, or financial exploitation and all records generated
835		-	as a result of such reports shall be confidential and shall not
836	386
837	387
838		-	be disclosed except as specifically authorized by this Act or
839		-	other applicable law. In accord with established law and
840		-	Department protocols, procedures, and policies, access to such
841		-	records, but not access to the identity of the person or
842		-	persons making a report of alleged abuse, abandonment,
843		-	neglect, financial exploitation, or self-neglect as contained
844		-	in such records, shall be provided, upon request, to the
845		-	following persons and for the following persons:
846		-	(1) Department staff, provider agency staff, other
847		-	aging network staff, and regional administrative agency
848		-	staff, including staff of the Chicago Department on Aging
849		-	while that agency is designated as a regional
850		-	administrative agency, in the furtherance of their
851		-	responsibilities under this Act;
852		-	(1.5) A representative of the public guardian acting
853		-	in the course of investigating the appropriateness of
854		-	guardianship for the eligible adult or while pursuing a
855		-	petition for guardianship of the eligible adult pursuant
856		-	to the Probate Act of 1975;
857		-	(2) A law enforcement agency or State's Attorney's
858		-	office investigating known or suspected abuse,
859		-	abandonment, neglect, financial exploitation, or
860		-	self-neglect. Where a provider agency has reason to
861		-	believe that the death of an eligible adult may be the
862		-	result of abuse, abandonment, or neglect, including any
863		-	reports made after death, the agency shall immediately
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864	390
865	391
866		-	provide the appropriate law enforcement agency with all
867		-	records pertaining to the eligible adult;
868		-	(2.5) A law enforcement agency, fire department
869		-	agency, or fire protection district having proper
870		-	jurisdiction pursuant to a written agreement between a
871		-	provider agency and the law enforcement agency, fire
872		-	department agency, or fire protection district under which
873		-	the provider agency may furnish to the law enforcement
874		-	agency, fire department agency, or fire protection
875		-	district a list of all eligible adults who may be at
876		-	imminent risk of abuse, abandonment, neglect, financial
877		-	exploitation, or self-neglect;
878		-	(3) A physician who has before him or her or who is
879		-	involved in the treatment of an eligible adult whom he or
880		-	she reasonably suspects may be abused, abandoned,
881		-	neglected, financially exploited, or self-neglected or who
882		-	has been referred to the Adult Protective Services
883		-	Program;
884		-	(4) An eligible adult reported to be abused,
885		-	abandoned, neglected, financially exploited, or
886		-	self-neglected, or such adult's authorized guardian or
887		-	agent, unless such guardian or agent is the abuser or the
888		-	alleged abuser;
889		-	(4.5) An executor or administrator of the estate of an
890		-	eligible adult who is deceased;
891		-	(5) A probate court with jurisdiction over the
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	394	+	1 (h) Legal representation. The Attorney General shall
	395	+	2 provide legal representation to any representative of the
	396	+	3 Office against whom suit or other legal action is brought in
	397	+	4 connection with the performance of the representative's
	398	+	5 official duties, in accordance with the State Employee
	399	+	6 Indemnification Act.
	400	+	7 (i) Treatment by prayer and spiritual means. Nothing in
	401	+	8 this Act shall be construed to authorize or require the
	402	+	9 medical supervision, regulation or control of remedial care or
	403	+	10 treatment of any resident in a long term care facility
	404	+	11 operated exclusively by and for members or adherents of any
	405	+	12 church or religious denomination the tenets and practices of
	406	+	13 which include reliance solely upon spiritual means through
	407	+	14 prayer for healing.
	408	+	15 (j) The Long Term Care Ombudsman Fund is created as a
	409	+	16 special fund in the State treasury to receive moneys for the
	410	+	17 express purposes of this Section. All interest earned on
	411	+	18 moneys in the fund shall be credited to the fund. Moneys
	412	+	19 contained in the fund shall be used to support the purposes of
	413	+	20 this Section.
	414	+	21 (k) Each Regional Ombudsman may, in accordance with rules
	415	+	22 promulgated by the Office, establish a multi-disciplinary team
	416	+	23 to act in an advisory role for the purpose of providing
	417	+	24 professional knowledge and expertise in handling complex
	418	+	25 abuse, neglect, and advocacy issues involving participants.
	419	+	26 Each multi-disciplinary team may consist of one or more
892	420
893	421
894		-	guardianship of an alleged victim for an in camera
895		-	inspection In cases regarding abuse, abandonment, neglect,
896		-	or financial exploitation, a court or a guardian ad litem,
897		-	upon its or his or her finding that access to such records
898		-	may be necessary for the determination of an issue before
899		-	the court. However, such access shall be limited to an in
900		-	camera inspection of the records, unless the court
901		-	determines that disclosure of the information contained
902		-	therein is necessary for the resolution of an issue then
903		-	pending before it;
904		-	(5.5) A In cases regarding self-neglect, a guardian ad
905		-	litem, unless such guardian ad litem is the abuser or
906		-	alleged abuser;
907		-	(6) A grand jury, upon its determination that access
908		-	to such records is necessary in the conduct of its
909		-	official business;
910		-	(7) Any person authorized by the Director, in writing,
911		-	for audit or bona fide research purposes;
912		-	(8) A coroner or medical examiner who has reason to
913		-	believe that an eligible adult has died as the result of
914		-	abuse, abandonment, neglect, financial exploitation, or
915		-	self-neglect. The provider agency shall immediately
916		-	provide the coroner or medical examiner with all records
917		-	pertaining to the eligible adult;
918		-	(8.5) A coroner or medical examiner having proper
919		-	jurisdiction, pursuant to a written agreement between a
920	422
921	423
922		-	provider agency and the coroner or medical examiner, under
923		-	which the provider agency may furnish to the office of the
924		-	coroner or medical examiner a list of all eligible adults
925		-	who may be at imminent risk of death as a result of abuse,
926		-	abandonment, neglect, financial exploitation, or
927		-	self-neglect;
928		-	(9) Department of Financial and Professional
929		-	Regulation staff and members of the Illinois Medical
930		-	Disciplinary Board or the Social Work Examining and
931		-	Disciplinary Board in the course of investigating alleged
932		-	violations of the Clinical Social Work and Social Work
933		-	Practice Act by provider agency staff or other licensing
934		-	bodies at the discretion of the Director of the Department
935		-	on Aging;
936		-	(9-a) Department of Healthcare and Family Services
937		-	staff and provider agency staff when that Department is
938		-	funding services to the eligible adult, including access
939		-	to the identity of the eligible adult;
940		-	(9-b) Department of Human Services staff and provider
941		-	agency staff when that Department is funding services to
942		-	the eligible adult or is providing reimbursement for
943		-	services provided by the abuser or alleged abuser,
944		-	including access to the identity of the eligible adult;
945		-	(10) Hearing officers in the course of conducting an
946		-	administrative hearing under this Act; parties to such
947		-	hearing shall be entitled to discovery as established by
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948	426
949	427
950		-	rule;
951		-	(11) A caregiver who challenges placement on the
952		-	Registry shall be given the statement of allegations in
953		-	the abuse report and the substantiation decision in the
954		-	final investigative report; and
955		-	(12) The Illinois Guardianship and Advocacy Commission
956		-	and the agency designated by the Governor under Section 1
957		-	of the Protection and Advocacy for Persons with
958		-	Developmental Disabilities Act shall have access, through
959		-	the Department, to records, including the findings,
960		-	pertaining to a completed or closed investigation of a
961		-	report of suspected abuse, abandonment, neglect, financial
962		-	exploitation, or self-neglect of an eligible adult.
963		-	(Source: P.A. 102-244, eff. 1-1-22.)
964		-	Section 99. Effective date. This Act takes effect January
965		-	1, 2024.
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	430	+	1 volunteer representatives from any combination of at least 7
	431	+	2 members from the following professions: banking or finance;
	432	+	3 disability care; health care; pharmacology; law; law
	433	+	4 enforcement; emergency responder; mental health care; clergy;
	434	+	5 coroner or medical examiner; substance abuse; domestic
	435	+	6 violence; sexual assault; or other related fields. To support
	436	+	7 multi-disciplinary teams in this role, law enforcement
	437	+	8 agencies and coroners or medical examiners shall supply
	438	+	9 records as may be requested in particular cases. The Regional
	439	+	10 Ombudsman, or his or her designee, of the area in which the
	440	+	11 multi-disciplinary team is created shall be the facilitator of
	441	+	12 the multi-disciplinary team.
	442	+	13 (Source: P.A. 102-1033, eff. 1-1-23.)
	443	+	14 Section 10. The Adult Protective Services Act is amended
	444	+	15 by changing Sections 2, 4, 4.1, 4.2, 5, and 8 as follows:
	445	+	16 (320 ILCS 20/2) (from Ch. 23, par. 6602)
	446	+	17 Sec. 2. Definitions. As used in this Act, unless the
	447	+	18 context requires otherwise:
	448	+	19 (a) "Abandonment" means the desertion or willful forsaking
	449	+	20 of an eligible adult by an individual responsible for the care
	450	+	21 and custody of that eligible adult under circumstances in
	451	+	22 which a reasonable person would continue to provide care and
	452	+	23 custody. Nothing in this Act shall be construed to mean that an
	453	+	24 eligible adult is a victim of abandonment because of health
	454	+
	455	+
	456	+
	457	+
	458	+
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	460	+
	461	+
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	464	+	1 care services provided or not provided by licensed health care
	465	+	2 professionals.
	466	+	3 (a-1) "Abuse" means causing any physical, mental or sexual
	467	+	4 injury to an eligible adult, including exploitation of such
	468	+	5 adult's financial resources, and abandonment.
	469	+	6 Nothing in this Act shall be construed to mean that an
	470	+	7 eligible adult is a victim of abuse, abandonment, neglect, or
	471	+	8 self-neglect for the sole reason that he or she is being
	472	+	9 furnished with or relies upon treatment by spiritual means
	473	+	10 through prayer alone, in accordance with the tenets and
	474	+	11 practices of a recognized church or religious denomination.
	475	+	12 Nothing in this Act shall be construed to mean that an
	476	+	13 eligible adult is a victim of abuse because of health care
	477	+	14 services provided or not provided by licensed health care
	478	+	15 professionals.
	479	+	16 Nothing in this Act shall be construed to mean that an
	480	+	17 eligible adult is a victim of abuse in cases of criminal
	481	+	18 activity by strangers, telemarketing scams, consumer fraud,
	482	+	19 internet fraud, home repair disputes, complaints against a
	483	+	20 homeowners' association, or complaints between landlords and
	484	+	21 tenants.
	485	+	22 (a-5) "Abuser" means a person who is a family member,
	486	+	23 caregiver, or another person who has a continuing relationship
	487	+	24 with the eligible adult and abuses, abandons, neglects, or
	488	+	25 financially exploits an eligible adult.
	489	+	26 (a-6) "Adult with disabilities" means a person aged 18
	490	+
	491	+
	492	+
	493	+
	494	+
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	496	+
	497	+
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	500	+	1 through 59 who resides in a domestic living situation and
	501	+	2 whose disability as defined in subsection (c-5) impairs his or
	502	+	3 her ability to seek or obtain protection from abuse,
	503	+	4 abandonment, neglect, or exploitation.
	504	+	5 (a-7) "Caregiver" means a person who either as a result of
	505	+	6 a family relationship, voluntarily, or in exchange for
	506	+	7 compensation has assumed responsibility for all or a portion
	507	+	8 of the care of an eligible adult who needs assistance with
	508	+	9 activities of daily living or instrumental activities of daily
	509	+	10 living.
	510	+	11 (b) "Department" means the Department on Aging of the
	511	+	12 State of Illinois.
	512	+	13 (c) "Director" means the Director of the Department.
	513	+	14 (c-5) "Disability" means a physical or mental disability,
	514	+	15 including, but not limited to, a developmental disability, an
	515	+	16 intellectual disability, a mental illness as defined under the
	516	+	17 Mental Health and Developmental Disabilities Code, or dementia
	517	+	18 as defined under the Alzheimer's Disease Assistance Act.
	518	+	19 (d) "Domestic living situation" means a residence where
	519	+	20 the eligible adult at the time of the report lives alone or
	520	+	21 with his or her family or a caregiver, or others, or other
	521	+	22 community-based unlicensed facility, but is not:
	522	+	23 (1) A licensed facility as defined in Section 1-113 of
	523	+	24 the Nursing Home Care Act;
	524	+	25 (1.5) A facility licensed under the ID/DD Community
	525	+	26 Care Act;
	526	+
	527	+
	528	+
	529	+
	530	+
	531	+	HB2858 Enrolled - 15 - LRB103 26814 KTG 53178 b
	532	+
	533	+
	534	+	HB2858 Enrolled- 16 -LRB103 26814 KTG 53178 b HB2858 Enrolled - 16 - LRB103 26814 KTG 53178 b
	535	+	HB2858 Enrolled - 16 - LRB103 26814 KTG 53178 b
	536	+	1 (1.6) A facility licensed under the MC/DD Act;
	537	+	2 (1.7) A facility licensed under the Specialized Mental
	538	+	3 Health Rehabilitation Act of 2013;
	539	+	4 (2) A "life care facility" as defined in the Life Care
	540	+	5 Facilities Act;
	541	+	6 (3) A home, institution, or other place operated by
	542	+	7 the federal government or agency thereof or by the State
	543	+	8 of Illinois;
	544	+	9 (4) A hospital, sanitarium, or other institution, the
	545	+	10 principal activity or business of which is the diagnosis,
	546	+	11 care, and treatment of human illness through the
	547	+	12 maintenance and operation of organized facilities
	548	+	13 therefor, which is required to be licensed under the
	549	+	14 Hospital Licensing Act;
	550	+	15 (5) A "community living facility" as defined in the
	551	+	16 Community Living Facilities Licensing Act;
	552	+	17 (6) (Blank);
	553	+	18 (7) A "community-integrated living arrangement" as
	554	+	19 defined in the Community-Integrated Living Arrangements
	555	+	20 Licensure and Certification Act or a "community
	556	+	21 residential alternative" as licensed under that Act;
	557	+	22 (8) An assisted living or shared housing establishment
	558	+	23 as defined in the Assisted Living and Shared Housing Act;
	559	+	24 or
	560	+	25 (9) A supportive living facility as described in
	561	+	26 Section 5-5.01a of the Illinois Public Aid Code.
	562	+
	563	+
	564	+
	565	+
	566	+
	567	+	HB2858 Enrolled - 16 - LRB103 26814 KTG 53178 b
	568	+
	569	+
	570	+	HB2858 Enrolled- 17 -LRB103 26814 KTG 53178 b HB2858 Enrolled - 17 - LRB103 26814 KTG 53178 b
	571	+	HB2858 Enrolled - 17 - LRB103 26814 KTG 53178 b
	572	+	1 (e) "Eligible adult" means either an adult with
	573	+	2 disabilities aged 18 through 59 or a person aged 60 or older
	574	+	3 who resides in a domestic living situation and is, or is
	575	+	4 alleged to be, abused, abandoned, neglected, or financially
	576	+	5 exploited by another individual or who neglects himself or
	577	+	6 herself. "Eligible adult" also includes an adult who resides
	578	+	7 in any of the facilities that are excluded from the definition
	579	+	8 of "domestic living situation" under paragraphs (1) through
	580	+	9 (9) of subsection (d), if either: (i) the alleged abuse,
	581	+	10 abandonment, or neglect occurs outside of the facility and not
	582	+	11 under facility supervision and the alleged abuser is a family
	583	+	12 member, caregiver, or another person who has a continuing
	584	+	13 relationship with the adult; or (ii) the alleged financial
	585	+	14 exploitation is perpetrated by a family member, caregiver, or
	586	+	15 another person who has a continuing relationship with the
	587	+	16 adult, but who is not an employee of the facility where the
	588	+	17 adult resides.
	589	+	18 (f) "Emergency" means a situation in which an eligible
	590	+	19 adult is living in conditions presenting a risk of death or
	591	+	20 physical, mental or sexual injury and the provider agency has
	592	+	21 reason to believe the eligible adult is unable to consent to
	593	+	22 services which would alleviate that risk.
	594	+	23 (f-1) "Financial exploitation" means the use of an
	595	+	24 eligible adult's resources by another to the disadvantage of
	596	+	25 that adult or the profit or advantage of a person other than
	597	+	26 that adult.
	598	+
	599	+
	600	+
	601	+
	602	+
	603	+	HB2858 Enrolled - 17 - LRB103 26814 KTG 53178 b
	604	+
	605	+
	606	+	HB2858 Enrolled- 18 -LRB103 26814 KTG 53178 b HB2858 Enrolled - 18 - LRB103 26814 KTG 53178 b
	607	+	HB2858 Enrolled - 18 - LRB103 26814 KTG 53178 b
	608	+	1 (f-3) "Investment advisor" means any person required to
	609	+	2 register as an investment adviser or investment adviser
	610	+	3 representative under Section 8 of the Illinois Securities Law
	611	+	4 of 1953, which for purposes of this Act excludes any bank,
	612	+	5 trust company, savings bank, or credit union, or their
	613	+	6 respective employees.
	614	+	7 (f-5) "Mandated reporter" means any of the following
	615	+	8 persons while engaged in carrying out their professional
	616	+	9 duties:
	617	+	10 (1) a professional or professional's delegate while
	618	+	11 engaged in: (i) social services, (ii) law enforcement,
	619	+	12 (iii) education, (iv) the care of an eligible adult or
	620	+	13 eligible adults, or (v) any of the occupations required to
	621	+	14 be licensed under the Behavior Analyst Licensing Act, the
	622	+	15 Clinical Psychologist Licensing Act, the Clinical Social
	623	+	16 Work and Social Work Practice Act, the Illinois Dental
	624	+	17 Practice Act, the Dietitian Nutritionist Practice Act, the
	625	+	18 Marriage and Family Therapy Licensing Act, the Medical
	626	+	19 Practice Act of 1987, the Naprapathic Practice Act, the
	627	+	20 Nurse Practice Act, the Nursing Home Administrators
	628	+	21 Licensing and Disciplinary Act, the Illinois Occupational
	629	+	22 Therapy Practice Act, the Illinois Optometric Practice Act
	630	+	23 of 1987, the Pharmacy Practice Act, the Illinois Physical
	631	+	24 Therapy Act, the Physician Assistant Practice Act of 1987,
	632	+	25 the Podiatric Medical Practice Act of 1987, the
	633	+	26 Respiratory Care Practice Act, the Professional Counselor
	634	+
	635	+
	636	+
	637	+
	638	+
	639	+	HB2858 Enrolled - 18 - LRB103 26814 KTG 53178 b
	640	+
	641	+
	642	+	HB2858 Enrolled- 19 -LRB103 26814 KTG 53178 b HB2858 Enrolled - 19 - LRB103 26814 KTG 53178 b
	643	+	HB2858 Enrolled - 19 - LRB103 26814 KTG 53178 b
	644	+	1 and Clinical Professional Counselor Licensing and Practice
	645	+	2 Act, the Illinois Speech-Language Pathology and Audiology
	646	+	3 Practice Act, the Veterinary Medicine and Surgery Practice
	647	+	4 Act of 2004, and the Illinois Public Accounting Act;
	648	+	5 (1.5) an employee of an entity providing developmental
	649	+	6 disabilities services or service coordination funded by
	650	+	7 the Department of Human Services;
	651	+	8 (2) an employee of a vocational rehabilitation
	652	+	9 facility prescribed or supervised by the Department of
	653	+	10 Human Services;
	654	+	11 (3) an administrator, employee, or person providing
	655	+	12 services in or through an unlicensed community based
	656	+	13 facility;
	657	+	14 (4) any religious practitioner who provides treatment
	658	+	15 by prayer or spiritual means alone in accordance with the
	659	+	16 tenets and practices of a recognized church or religious
	660	+	17 denomination, except as to information received in any
	661	+	18 confession or sacred communication enjoined by the
	662	+	19 discipline of the religious denomination to be held
	663	+	20 confidential;
	664	+	21 (5) field personnel of the Department of Healthcare
	665	+	22 and Family Services, Department of Public Health, and
	666	+	23 Department of Human Services, and any county or municipal
	667	+	24 health department;
	668	+	25 (6) personnel of the Department of Human Services, the
	669	+	26 Guardianship and Advocacy Commission, the State Fire
	670	+
	671	+
	672	+
	673	+
	674	+
	675	+	HB2858 Enrolled - 19 - LRB103 26814 KTG 53178 b
	676	+
	677	+
	678	+	HB2858 Enrolled- 20 -LRB103 26814 KTG 53178 b HB2858 Enrolled - 20 - LRB103 26814 KTG 53178 b
	679	+	HB2858 Enrolled - 20 - LRB103 26814 KTG 53178 b
	680	+	1 Marshal, local fire departments, the Department on Aging
	681	+	2 and its subsidiary Area Agencies on Aging and provider
	682	+	3 agencies, except the State Long Term Care Ombudsman and
	683	+	4 any of his or her representatives or volunteers where
	684	+	5 prohibited from making such a report pursuant to 45 CFR
	685	+	6 1324.11(e)(3)(iv); and the Office of State Long Term Care
	686	+	7 Ombudsman;
	687	+	8 (7) any employee of the State of Illinois not
	688	+	9 otherwise specified herein who is involved in providing
	689	+	10 services to eligible adults, including professionals
	690	+	11 providing medical or rehabilitation services and all other
	691	+	12 persons having direct contact with eligible adults;
	692	+	13 (8) a person who performs the duties of a coroner or
	693	+	14 medical examiner; or
	694	+	15 (9) a person who performs the duties of a paramedic or
	695	+	16 an emergency medical technician; or .
	696	+	17 (10) a person who performs the duties of an investment
	697	+	18 advisor.
	698	+	19 (g) "Neglect" means another individual's failure to
	699	+	20 provide an eligible adult with or willful withholding from an
	700	+	21 eligible adult the necessities of life including, but not
	701	+	22 limited to, food, clothing, shelter or health care. This
	702	+	23 subsection does not create any new affirmative duty to provide
	703	+	24 support to eligible adults. Nothing in this Act shall be
	704	+	25 construed to mean that an eligible adult is a victim of neglect
	705	+	26 because of health care services provided or not provided by
	706	+
	707	+
	708	+
	709	+
	710	+
	711	+	HB2858 Enrolled - 20 - LRB103 26814 KTG 53178 b
	712	+
	713	+
	714	+	HB2858 Enrolled- 21 -LRB103 26814 KTG 53178 b HB2858 Enrolled - 21 - LRB103 26814 KTG 53178 b
	715	+	HB2858 Enrolled - 21 - LRB103 26814 KTG 53178 b
	716	+	1 licensed health care professionals.
	717	+	2 (h) "Provider agency" means any public or nonprofit agency
	718	+	3 in a planning and service area that is selected by the
	719	+	4 Department or appointed by the regional administrative agency
	720	+	5 with prior approval by the Department on Aging to receive and
	721	+	6 assess reports of alleged or suspected abuse, abandonment,
	722	+	7 neglect, or financial exploitation. A provider agency is also
	723	+	8 referenced as a "designated agency" in this Act.
	724	+	9 (i) "Regional administrative agency" means any public or
	725	+	10 nonprofit agency in a planning and service area that provides
	726	+	11 regional oversight and performs functions as set forth in
	727	+	12 subsection (b) of Section 3 of this Act. The Department shall
	728	+	13 designate an Area Agency on Aging as the regional
	729	+	14 administrative agency or, in the event the Area Agency on
	730	+	15 Aging in that planning and service area is deemed by the
	731	+	16 Department to be unwilling or unable to provide those
	732	+	17 functions, the Department may serve as the regional
	733	+	18 administrative agency or designate another qualified entity to
	734	+	19 serve as the regional administrative agency; any such
	735	+	20 designation shall be subject to terms set forth by the
	736	+	21 Department.
	737	+	22 (i-5) "Self-neglect" means a condition that is the result
	738	+	23 of an eligible adult's inability, due to physical or mental
	739	+	24 impairments, or both, or a diminished capacity, to perform
	740	+	25 essential self-care tasks that substantially threaten his or
	741	+	26 her own health, including: providing essential food, clothing,
	742	+
	743	+
	744	+
	745	+
	746	+
	747	+	HB2858 Enrolled - 21 - LRB103 26814 KTG 53178 b
	748	+
	749	+
	750	+	HB2858 Enrolled- 22 -LRB103 26814 KTG 53178 b HB2858 Enrolled - 22 - LRB103 26814 KTG 53178 b
	751	+	HB2858 Enrolled - 22 - LRB103 26814 KTG 53178 b
	752	+	1 shelter, and health care; and obtaining goods and services
	753	+	2 necessary to maintain physical health, mental health,
	754	+	3 emotional well-being, and general safety. The term includes
	755	+	4 compulsive hoarding, which is characterized by the acquisition
	756	+	5 and retention of large quantities of items and materials that
	757	+	6 produce an extensively cluttered living space, which
	758	+	7 significantly impairs the performance of essential self-care
	759	+	8 tasks or otherwise substantially threatens life or safety.
	760	+	9 (j) "Substantiated case" means a reported case of alleged
	761	+	10 or suspected abuse, abandonment, neglect, financial
	762	+	11 exploitation, or self-neglect in which a provider agency,
	763	+	12 after assessment, determines that there is reason to believe
	764	+	13 abuse, abandonment, neglect, or financial exploitation has
	765	+	14 occurred.
	766	+	15 (k) "Verified" means a determination that there is "clear
	767	+	16 and convincing evidence" that the specific injury or harm
	768	+	17 alleged was the result of abuse, abandonment, neglect, or
	769	+	18 financial exploitation.
	770	+	19 (Source: P.A. 102-244, eff. 1-1-22; 102-953, eff. 5-27-22.)
	771	+	20 (320 ILCS 20/4) (from Ch. 23, par. 6604)
	772	+	21 Sec. 4. Reports of abuse, abandonment, or neglect.
	773	+	22 (a) Any person who suspects the abuse, abandonment,
	774	+	23 neglect, financial exploitation, or self-neglect of an
	775	+	24 eligible adult may report this suspicion or information about
	776	+	25 the suspicious death of an eligible adult to an agency
	777	+
	778	+
	779	+
	780	+
	781	+
	782	+	HB2858 Enrolled - 22 - LRB103 26814 KTG 53178 b
	783	+
	784	+
	785	+	HB2858 Enrolled- 23 -LRB103 26814 KTG 53178 b HB2858 Enrolled - 23 - LRB103 26814 KTG 53178 b
	786	+	HB2858 Enrolled - 23 - LRB103 26814 KTG 53178 b
	787	+	1 designated to receive such reports under this Act or to the
	788	+	2 Department.
	789	+	3 (a-5) If any mandated reporter has reason to believe that
	790	+	4 an eligible adult, who because of a disability or other
	791	+	5 condition or impairment is unable to seek assistance for
	792	+	6 himself or herself, has, within the previous 12 months, been
	793	+	7 subjected to abuse, abandonment, neglect, or financial
	794	+	8 exploitation, the mandated reporter shall, within 24 hours
	795	+	9 after developing such belief, report this suspicion to an
	796	+	10 agency designated to receive such reports under this Act or to
	797	+	11 the Department. The agency designated to receive such reports
	798	+	12 under this Act or the Department may establish a manner in
	799	+	13 which a mandated reporter can make the required report through
	800	+	14 an Internet reporting tool. Information sent and received
	801	+	15 through the Internet reporting tool is subject to the same
	802	+	16 rules in this Act as other types of confidential reporting
	803	+	17 established by the designated agency or the Department.
	804	+	18 Whenever a mandated reporter is required to report under this
	805	+	19 Act in his or her capacity as a member of the staff of a
	806	+	20 medical or other public or private institution, facility, or
	807	+	21 agency, he or she shall make a report to an agency designated
	808	+	22 to receive such reports under this Act or to the Department in
	809	+	23 accordance with the provisions of this Act and may also notify
	810	+	24 the person in charge of the institution, facility, or agency
	811	+	25 or his or her designated agent that the report has been made.
	812	+	26 Under no circumstances shall any person in charge of such
	813	+
	814	+
	815	+
	816	+
	817	+
	818	+	HB2858 Enrolled - 23 - LRB103 26814 KTG 53178 b
	819	+
	820	+
	821	+	HB2858 Enrolled- 24 -LRB103 26814 KTG 53178 b HB2858 Enrolled - 24 - LRB103 26814 KTG 53178 b
	822	+	HB2858 Enrolled - 24 - LRB103 26814 KTG 53178 b
	823	+	1 institution, facility, or agency, or his or her designated
	824	+	2 agent to whom the notification has been made, exercise any
	825	+	3 control, restraint, modification, or other change in the
	826	+	4 report or the forwarding of the report to an agency designated
	827	+	5 to receive such reports under this Act or to the Department.
	828	+	6 The privileged quality of communication between any
	829	+	7 professional person required to report and his or her patient
	830	+	8 or client shall not apply to situations involving abused,
	831	+	9 abandoned, neglected, or financially exploited eligible adults
	832	+	10 and shall not constitute grounds for failure to report as
	833	+	11 required by this Act.
	834	+	12 (a-6) If a mandated reporter has reason to believe that
	835	+	13 the death of an eligible adult may be the result of abuse or
	836	+	14 neglect, the matter shall be reported to an agency designated
	837	+	15 to receive such reports under this Act or to the Department for
	838	+	16 subsequent referral to the appropriate law enforcement agency
	839	+	17 and the coroner or medical examiner in accordance with
	840	+	18 subsection (c-5) of Section 3 of this Act.
	841	+	19 (a-7) A person making a report under this Act in the belief
	842	+	20 that it is in the alleged victim's best interest shall be
	843	+	21 immune from criminal or civil liability or professional
	844	+	22 disciplinary action on account of making the report,
	845	+	23 notwithstanding any requirements concerning the
	846	+	24 confidentiality of information with respect to such eligible
	847	+	25 adult which might otherwise be applicable.
	848	+	26 (a-9) Law enforcement officers shall continue to report
	849	+
	850	+
	851	+
	852	+
	853	+
	854	+	HB2858 Enrolled - 24 - LRB103 26814 KTG 53178 b
	855	+
	856	+
	857	+	HB2858 Enrolled- 25 -LRB103 26814 KTG 53178 b HB2858 Enrolled - 25 - LRB103 26814 KTG 53178 b
	858	+	HB2858 Enrolled - 25 - LRB103 26814 KTG 53178 b
	859	+	1 incidents of alleged abuse pursuant to the Illinois Domestic
	860	+	2 Violence Act of 1986, notwithstanding any requirements under
	861	+	3 this Act.
	862	+	4 (b) Any person, institution or agency participating in the
	863	+	5 making of a report, providing information or records related
	864	+	6 to a report, assessment, or services, or participating in the
	865	+	7 investigation of a report under this Act in good faith, or
	866	+	8 taking photographs or x-rays as a result of an authorized
	867	+	9 assessment, shall have immunity from any civil, criminal or
	868	+	10 other liability in any civil, criminal or other proceeding
	869	+	11 brought in consequence of making such report or assessment or
	870	+	12 on account of submitting or otherwise disclosing such
	871	+	13 photographs or x-rays to any agency designated to receive
	872	+	14 reports of alleged or suspected abuse, abandonment, or
	873	+	15 neglect. Any person, institution or agency authorized by the
	874	+	16 Department to provide assessment, intervention, or
	875	+	17 administrative services under this Act shall, in the good
	876	+	18 faith performance of those services, have immunity from any
	877	+	19 civil, criminal or other liability in any civil, criminal, or
	878	+	20 other proceeding brought as a consequence of the performance
	879	+	21 of those services. For the purposes of any civil, criminal, or
	880	+	22 other proceeding, the good faith of any person required to
	881	+	23 report, permitted to report, or participating in an
	882	+	24 investigation of a report of alleged or suspected abuse,
	883	+	25 abandonment, neglect, financial exploitation, or self-neglect
	884	+	26 shall be presumed.
	885	+
	886	+
	887	+
	888	+
	889	+
	890	+	HB2858 Enrolled - 25 - LRB103 26814 KTG 53178 b
	891	+
	892	+
	893	+	HB2858 Enrolled- 26 -LRB103 26814 KTG 53178 b HB2858 Enrolled - 26 - LRB103 26814 KTG 53178 b
	894	+	HB2858 Enrolled - 26 - LRB103 26814 KTG 53178 b
	895	+	1 (c) The identity of a person making a report of alleged or
	896	+	2 suspected abuse, abandonment, neglect, financial exploitation,
	897	+	3 or self-neglect or a report concerning information about the
	898	+	4 suspicious death of an eligible adult under this Act may be
	899	+	5 disclosed by the Department or other agency provided for in
	900	+	6 this Act only with such person's written consent or by court
	901	+	7 order, but is otherwise confidential.
	902	+	8 (d) The Department shall by rule establish a system for
	903	+	9 filing and compiling reports made under this Act.
	904	+	10 (e) Any physician who willfully fails to report as
	905	+	11 required by this Act shall be referred to the Illinois State
	906	+	12 Medical Disciplinary Board for action in accordance with
	907	+	13 subdivision (A)(22) of Section 22 of the Medical Practice Act
	908	+	14 of 1987. Any dentist or dental hygienist who willfully fails
	909	+	15 to report as required by this Act shall be referred to the
	910	+	16 Department of Professional Regulation for action in accordance
	911	+	17 with paragraph 19 of Section 23 of the Illinois Dental
	912	+	18 Practice Act. Any optometrist who willfully fails to report as
	913	+	19 required by this Act shall be referred to the Department of
	914	+	20 Financial and Professional Regulation for action in accordance
	915	+	21 with paragraph (15) of subsection (a) of Section 24 of the
	916	+	22 Illinois Optometric Practice Act of 1987. Any other mandated
	917	+	23 reporter required by this Act to report suspected abuse,
	918	+	24 abandonment, neglect, or financial exploitation who willfully
	919	+	25 fails to report the same is guilty of a Class A misdemeanor.
	920	+	26 (Source: P.A. 102-244, eff. 1-1-22.)
	921	+
	922	+
	923	+
	924	+
	925	+
	926	+	HB2858 Enrolled - 26 - LRB103 26814 KTG 53178 b
	927	+
	928	+
	929	+	HB2858 Enrolled- 27 -LRB103 26814 KTG 53178 b HB2858 Enrolled - 27 - LRB103 26814 KTG 53178 b
	930	+	HB2858 Enrolled - 27 - LRB103 26814 KTG 53178 b
	931	+	1 (320 ILCS 20/4.1)
	932	+	2 Sec. 4.1. Employer discrimination. No employer shall
	933	+	3 discharge, demote or suspend, or threaten to discharge, demote
	934	+	4 or suspend, or in any manner discriminate against any
	935	+	5 employee: (i) who makes any good faith oral or written report
	936	+	6 of suspected abuse, abandonment, neglect, or financial
	937	+	7 exploitation; (ii) who makes any good faith oral or written
	938	+	8 report concerning information about the suspicious death of an
	939	+	9 eligible adult; or (iii) who is or will be a witness or testify
	940	+	10 in any investigation or proceeding concerning a report of
	941	+	11 suspected abuse, abandonment, neglect, or financial
	942	+	12 exploitation.
	943	+	13 (Source: P.A. 102-244, eff. 1-1-22.)
	944	+	14 (320 ILCS 20/4.2)
	945	+	15 Sec. 4.2. Testimony by mandated reporter and investigator.
	946	+	16 Any mandated reporter who makes a report or any person who
	947	+	17 investigates a report under this Act shall testify fully in
	948	+	18 any judicial proceeding resulting from such report, as to any
	949	+	19 evidence of abuse, abandonment, neglect, or financial
	950	+	20 exploitation or the cause thereof. Any mandated reporter who
	951	+	21 is required to report a suspected case of or a suspicious death
	952	+	22 due to abuse, abandonment, neglect, or financial exploitation
	953	+	23 under Section 4 of this Act shall testify fully in any
	954	+	24 administrative hearing resulting from such report, as to any
	955	+
	956	+
	957	+
	958	+
	959	+
	960	+	HB2858 Enrolled - 27 - LRB103 26814 KTG 53178 b
	961	+
	962	+
	963	+	HB2858 Enrolled- 28 -LRB103 26814 KTG 53178 b HB2858 Enrolled - 28 - LRB103 26814 KTG 53178 b
	964	+	HB2858 Enrolled - 28 - LRB103 26814 KTG 53178 b
	965	+	1 evidence of abuse, abandonment, neglect, or financial
	966	+	2 exploitation or the cause thereof. No evidence shall be
	967	+	3 excluded by reason of any common law or statutory privilege
	968	+	4 relating to communications between the alleged abuser or the
	969	+	5 eligible adult subject of the report under this Act and the
	970	+	6 person making or investigating the report.
	971	+	7 (Source: P.A. 102-244, eff. 1-1-22.)
	972	+	8 (320 ILCS 20/5) (from Ch. 23, par. 6605)
	973	+	9 Sec. 5. Procedure.
	974	+	10 (a) A provider agency designated to receive reports of
	975	+	11 alleged or suspected abuse, abandonment, neglect, financial
	976	+	12 exploitation, or self-neglect under this Act shall, upon
	977	+	13 receiving such a report, conduct a face-to-face assessment
	978	+	14 with respect to such report, in accord with established law
	979	+	15 and Department protocols, procedures, and policies.
	980	+	16 Face-to-face assessments, casework, and follow-up of reports
	981	+	17 of self-neglect by the provider agencies designated to receive
	982	+	18 reports of self-neglect shall be subject to sufficient
	983	+	19 appropriation for statewide implementation of assessments,
	984	+	20 casework, and follow-up of reports of self-neglect. In the
	985	+	21 absence of sufficient appropriation for statewide
	986	+	22 implementation of assessments, casework, and follow-up of
	987	+	23 reports of self-neglect, the designated adult protective
	988	+	24 services provider agency shall refer all reports of
	989	+	25 self-neglect to the appropriate agency or agencies as
	990	+
	991	+
	992	+
	993	+
	994	+
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	996	+
	997	+
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	999	+	HB2858 Enrolled - 29 - LRB103 26814 KTG 53178 b
	1000	+	1 designated by the Department for any follow-up. The assessment
	1001	+	2 shall include, but not be limited to, a visit to the residence
	1002	+	3 of the eligible adult who is the subject of the report and
	1003	+	4 shall include interviews or consultations regarding the
	1004	+	5 allegations with service agencies, immediate family members,
	1005	+	6 and individuals who may have knowledge of the eligible adult's
	1006	+	7 circumstances based on the consent of the eligible adult in
	1007	+	8 all instances, except where the provider agency is acting in
	1008	+	9 the best interest of an eligible adult who is unable to seek
	1009	+	10 assistance for himself or herself and where there are
	1010	+	11 allegations against a caregiver who has assumed
	1011	+	12 responsibilities in exchange for compensation. If, after the
	1012	+	13 assessment, the provider agency determines that the case is
	1013	+	14 substantiated it shall develop a service care plan for the
	1014	+	15 eligible adult and may report its findings at any time during
	1015	+	16 the case to the appropriate law enforcement agency in accord
	1016	+	17 with established law and Department protocols, procedures, and
	1017	+	18 policies. In developing a case plan, the provider agency may
	1018	+	19 consult with any other appropriate provider of services, and
	1019	+	20 such providers shall be immune from civil or criminal
	1020	+	21 liability on account of such acts. The plan shall include
	1021	+	22 alternative suggested or recommended services which are
	1022	+	23 appropriate to the needs of the eligible adult and which
	1023	+	24 involve the least restriction of the eligible adult's
	1024	+	25 activities commensurate with his or her needs. Only those
	1025	+	26 services to which consent is provided in accordance with
	1026	+
	1027	+
	1028	+
	1029	+
	1030	+
	1031	+	HB2858 Enrolled - 29 - LRB103 26814 KTG 53178 b
	1032	+
	1033	+
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	1035	+	HB2858 Enrolled - 30 - LRB103 26814 KTG 53178 b
	1036	+	1 Section 9 of this Act shall be provided, contingent upon the
	1037	+	2 availability of such services.
	1038	+	3 (b) A provider agency shall refer evidence of crimes
	1039	+	4 against an eligible adult to the appropriate law enforcement
	1040	+	5 agency according to Department policies. A referral to law
	1041	+	6 enforcement may be made at intake, at or any time during the
	1042	+	7 case, or after a report of a suspicious death, depending upon
	1043	+	8 the circumstances. Where a provider agency has reason to
	1044	+	9 believe the death of an eligible adult may be the result of
	1045	+	10 abuse, abandonment, or neglect, the agency shall immediately
	1046	+	11 report the matter to the coroner or medical examiner and shall
	1047	+	12 cooperate fully with any subsequent investigation.
	1048	+	13 (c) If any person other than the alleged victim refuses to
	1049	+	14 allow the provider agency to begin an investigation,
	1050	+	15 interferes with the provider agency's ability to conduct an
	1051	+	16 investigation, or refuses to give access to an eligible adult,
	1052	+	17 the appropriate law enforcement agency must be consulted
	1053	+	18 regarding the investigation.
	1054	+	19 (Source: P.A. 101-496, eff. 1-1-20; 102-244, eff. 1-1-22.)
	1055	+	20 (320 ILCS 20/8) (from Ch. 23, par. 6608)
	1056	+	21 Sec. 8. Access to records. All records concerning reports
	1057	+	22 of abuse, abandonment, neglect, financial exploitation, or
	1058	+	23 self-neglect or reports of suspicious deaths due to abuse,
	1059	+	24 neglect, or financial exploitation and all records generated
	1060	+	25 as a result of such reports shall be confidential and shall not
	1061	+
	1062	+
	1063	+
	1064	+
	1065	+
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	1067	+
	1068	+
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	1070	+	HB2858 Enrolled - 31 - LRB103 26814 KTG 53178 b
	1071	+	1 be disclosed except as specifically authorized by this Act or
	1072	+	2 other applicable law. In accord with established law and
	1073	+	3 Department protocols, procedures, and policies, access to such
	1074	+	4 records, but not access to the identity of the person or
	1075	+	5 persons making a report of alleged abuse, abandonment,
	1076	+	6 neglect, financial exploitation, or self-neglect as contained
	1077	+	7 in such records, shall be provided, upon request, to the
	1078	+	8 following persons and for the following persons:
	1079	+	9 (1) Department staff, provider agency staff, other
	1080	+	10 aging network staff, and regional administrative agency
	1081	+	11 staff, including staff of the Chicago Department on Aging
	1082	+	12 while that agency is designated as a regional
	1083	+	13 administrative agency, in the furtherance of their
	1084	+	14 responsibilities under this Act;
	1085	+	15 (1.5) A representative of the public guardian acting
	1086	+	16 in the course of investigating the appropriateness of
	1087	+	17 guardianship for the eligible adult or while pursuing a
	1088	+	18 petition for guardianship of the eligible adult pursuant
	1089	+	19 to the Probate Act of 1975;
	1090	+	20 (2) A law enforcement agency or State's Attorney's
	1091	+	21 office investigating known or suspected abuse,
	1092	+	22 abandonment, neglect, financial exploitation, or
	1093	+	23 self-neglect. Where a provider agency has reason to
	1094	+	24 believe that the death of an eligible adult may be the
	1095	+	25 result of abuse, abandonment, or neglect, including any
	1096	+	26 reports made after death, the agency shall immediately
	1097	+
	1098	+
	1099	+
	1100	+
	1101	+
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	1103	+
	1104	+
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	1107	+	1 provide the appropriate law enforcement agency with all
	1108	+	2 records pertaining to the eligible adult;
	1109	+	3 (2.5) A law enforcement agency, fire department
	1110	+	4 agency, or fire protection district having proper
	1111	+	5 jurisdiction pursuant to a written agreement between a
	1112	+	6 provider agency and the law enforcement agency, fire
	1113	+	7 department agency, or fire protection district under which
	1114	+	8 the provider agency may furnish to the law enforcement
	1115	+	9 agency, fire department agency, or fire protection
	1116	+	10 district a list of all eligible adults who may be at
	1117	+	11 imminent risk of abuse, abandonment, neglect, financial
	1118	+	12 exploitation, or self-neglect;
	1119	+	13 (3) A physician who has before him or her or who is
	1120	+	14 involved in the treatment of an eligible adult whom he or
	1121	+	15 she reasonably suspects may be abused, abandoned,
	1122	+	16 neglected, financially exploited, or self-neglected or who
	1123	+	17 has been referred to the Adult Protective Services
	1124	+	18 Program;
	1125	+	19 (4) An eligible adult reported to be abused,
	1126	+	20 abandoned, neglected, financially exploited, or
	1127	+	21 self-neglected, or such adult's authorized guardian or
	1128	+	22 agent, unless such guardian or agent is the abuser or the
	1129	+	23 alleged abuser;
	1130	+	24 (4.5) An executor or administrator of the estate of an
	1131	+	25 eligible adult who is deceased;
	1132	+	26 (5) A probate court with jurisdiction over the
	1133	+
	1134	+
	1135	+
	1136	+
	1137	+
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	1139	+
	1140	+
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	1143	+	1 guardianship of an alleged victim for an in camera
	1144	+	2 inspection In cases regarding abuse, abandonment, neglect,
	1145	+	3 or financial exploitation, a court or a guardian ad litem,
	1146	+	4 upon its or his or her finding that access to such records
	1147	+	5 may be necessary for the determination of an issue before
	1148	+	6 the court. However, such access shall be limited to an in
	1149	+	7 camera inspection of the records, unless the court
	1150	+	8 determines that disclosure of the information contained
	1151	+	9 therein is necessary for the resolution of an issue then
	1152	+	10 pending before it;
	1153	+	11 (5.5) A In cases regarding self-neglect, a guardian ad
	1154	+	12 litem, unless such guardian ad litem is the abuser or
	1155	+	13 alleged abuser;
	1156	+	14 (6) A grand jury, upon its determination that access
	1157	+	15 to such records is necessary in the conduct of its
	1158	+	16 official business;
	1159	+	17 (7) Any person authorized by the Director, in writing,
	1160	+	18 for audit or bona fide research purposes;
	1161	+	19 (8) A coroner or medical examiner who has reason to
	1162	+	20 believe that an eligible adult has died as the result of
	1163	+	21 abuse, abandonment, neglect, financial exploitation, or
	1164	+	22 self-neglect. The provider agency shall immediately
	1165	+	23 provide the coroner or medical examiner with all records
	1166	+	24 pertaining to the eligible adult;
	1167	+	25 (8.5) A coroner or medical examiner having proper
	1168	+	26 jurisdiction, pursuant to a written agreement between a
	1169	+
	1170	+
	1171	+
	1172	+
	1173	+
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	1175	+
	1176	+
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	1179	+	1 provider agency and the coroner or medical examiner, under
	1180	+	2 which the provider agency may furnish to the office of the
	1181	+	3 coroner or medical examiner a list of all eligible adults
	1182	+	4 who may be at imminent risk of death as a result of abuse,
	1183	+	5 abandonment, neglect, financial exploitation, or
	1184	+	6 self-neglect;
	1185	+	7 (9) Department of Financial and Professional
	1186	+	8 Regulation staff and members of the Illinois Medical
	1187	+	9 Disciplinary Board or the Social Work Examining and
	1188	+	10 Disciplinary Board in the course of investigating alleged
	1189	+	11 violations of the Clinical Social Work and Social Work
	1190	+	12 Practice Act by provider agency staff or other licensing
	1191	+	13 bodies at the discretion of the Director of the Department
	1192	+	14 on Aging;
	1193	+	15 (9-a) Department of Healthcare and Family Services
	1194	+	16 staff and provider agency staff when that Department is
	1195	+	17 funding services to the eligible adult, including access
	1196	+	18 to the identity of the eligible adult;
	1197	+	19 (9-b) Department of Human Services staff and provider
	1198	+	20 agency staff when that Department is funding services to
	1199	+	21 the eligible adult or is providing reimbursement for
	1200	+	22 services provided by the abuser or alleged abuser,
	1201	+	23 including access to the identity of the eligible adult;
	1202	+	24 (10) Hearing officers in the course of conducting an
	1203	+	25 administrative hearing under this Act; parties to such
	1204	+	26 hearing shall be entitled to discovery as established by
	1205	+
	1206	+
	1207	+
	1208	+
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	1211	+
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	1215	+	1 rule;
	1216	+	2 (11) A caregiver who challenges placement on the
	1217	+	3 Registry shall be given the statement of allegations in
	1218	+	4 the abuse report and the substantiation decision in the
	1219	+	5 final investigative report; and
	1220	+	6 (12) The Illinois Guardianship and Advocacy Commission
	1221	+	7 and the agency designated by the Governor under Section 1
	1222	+	8 of the Protection and Advocacy for Persons with
	1223	+	9 Developmental Disabilities Act shall have access, through
	1224	+	10 the Department, to records, including the findings,
	1225	+	11 pertaining to a completed or closed investigation of a
	1226	+	12 report of suspected abuse, abandonment, neglect, financial
	1227	+	13 exploitation, or self-neglect of an eligible adult.
	1228	+	14 (Source: P.A. 102-244, eff. 1-1-22.)
	1229	+	15 Section 99. Effective date. This Act takes effect January
	1230	+	16 1, 2024.
	1231	+
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	1233	+
	1234	+
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