Public Act 103-0329
HB2858 EnrolledLRB103 26814 KTG 53178 b HB2858 Enrolled LRB103 26814 KTG 53178 b
HB2858 Enrolled LRB103 26814 KTG 53178 b
AN ACT concerning aging.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Act on the Aging is amended by
changing Section 4.04 as follows:
(20 ILCS 105/4.04) (from Ch. 23, par. 6104.04)
Sec. 4.04. Long Term Care Ombudsman Program. The purpose
of the Long Term Care Ombudsman Program is to ensure that older
persons and persons with disabilities receive quality
services. This is accomplished by providing advocacy services
for residents of long term care facilities and participants
receiving home care and community-based care. Managed care is
increasingly becoming the vehicle for delivering health and
long-term services and supports to seniors and persons with
disabilities, including dual eligible participants. The
additional ombudsman authority will allow advocacy services to
be provided to Illinois participants for the first time and
will produce a cost savings for the State of Illinois by
supporting the rebalancing efforts of the Patient Protection
and Affordable Care Act.
(a) Long Term Care Ombudsman Program. The Department shall
establish a Long Term Care Ombudsman Program, through the
Office of State Long Term Care Ombudsman ("the Office"), in
HB2858 Enrolled LRB103 26814 KTG 53178 b
accordance with the provisions of the Older Americans Act of
1965, as now or hereafter amended. The Long Term Care
Ombudsman Program is authorized, subject to sufficient
appropriations, to advocate on behalf of older persons and
persons with disabilities residing in their own homes or
community-based settings, relating to matters which may
adversely affect the health, safety, welfare, or rights of
such individuals.
(b) Definitions. As used in this Section, unless the
context requires otherwise:
(1) "Access" means the right to:
(i) Enter any long term care facility or assisted
living or shared housing establishment or supportive
living facility;
(ii) Communicate privately and without restriction
with any resident, regardless of age, who consents to
the communication;
(iii) Seek consent to communicate privately and
without restriction with any participant or resident,
regardless of age;
(iv) Inspect and copy the clinical and other
records of a participant or resident, regardless of
age, with the express written consent of the
participant or resident;
(v) Observe all areas of the long term care
facility or supportive living facilities, assisted
living or shared housing establishment except the
living area of any resident who protests the
observation; and
(vi) Subject to permission of the participant or
resident requesting services or his or her
representative, enter a home or community-based
setting.
(2) "Long Term Care Facility" means (i) any facility
as defined by Section 1-113 of the Nursing Home Care Act,
as now or hereafter amended; (ii) any skilled nursing
facility or a nursing facility which meets the
requirements of Section 1819(a), (b), (c), and (d) or
Section 1919(a), (b), (c), and (d) of the Social Security
Act, as now or hereafter amended (42 U.S.C. 1395i-3(a),
(b), (c), and (d) and 42 U.S.C. 1396r(a), (b), (c), and
(d)); (iii) any facility as defined by Section 1-113 of
the ID/DD Community Care Act, as now or hereafter amended;
(iv) any facility as defined by Section 1-113 of MC/DD
Act, as now or hereafter amended; and (v) any facility
licensed under Section 4-105 or 4-201 of the Specialized
Mental Health Rehabilitation Act of 2013, as now or
hereafter amended.
(2.5) "Assisted living establishment" and "shared
housing establishment" have the meanings given those terms
in Section 10 of the Assisted Living and Shared Housing
Act.
(2.7) "Supportive living facility" means a facility
established under Section 5-5.01a of the Illinois Public
Aid Code.
(2.8) "Community-based setting" means any place of
abode other than an individual's private home.
(3) "State Long Term Care Ombudsman" means any person
employed by the Department to fulfill the requirements of
the Office of State Long Term Care Ombudsman as required
under the Older Americans Act of 1965, as now or hereafter
amended, and Departmental policy.
(3.1) "Ombudsman" means any designated representative
of the State Long Term Care Ombudsman Program; provided
that the representative, whether he is paid for or
volunteers his ombudsman services, shall be qualified and
designated by the Office to perform the duties of an
ombudsman as specified by the Department in rules and in
accordance with the provisions of the Older Americans Act
of 1965, as now or hereafter amended.
(4) "Participant" means an older person aged 60 or
over or an adult with a disability aged 18 through 59 who
is eligible for services under any of the following:
(i) A medical assistance waiver administered by
the State.
(ii) A managed care organization providing care
coordination and other services to seniors and persons
with disabilities.
(5) "Resident" means an older person aged 60 or over
or an adult with a disability aged 18 through 59 who
resides in a long-term care facility.
(c) Ombudsman; rules. The Office of State Long Term Care
Ombudsman shall be composed of at least one full-time
ombudsman and shall include a system of designated regional
long term care ombudsman programs. Each regional program shall
be designated by the State Long Term Care Ombudsman as a
subdivision of the Office and any representative of a regional
program shall be treated as a representative of the Office.
The Department, in consultation with the Office, shall
promulgate administrative rules in accordance with the
provisions of the Older Americans Act of 1965, as now or
hereafter amended, to establish the responsibilities of the
Department and the Office of State Long Term Care Ombudsman
and the designated regional Ombudsman programs. The
administrative rules shall include the responsibility of the
Office and designated regional programs to investigate and
resolve complaints made by or on behalf of residents of long
term care facilities, supportive living facilities, and
assisted living and shared housing establishments, and
participants residing in their own homes or community-based
settings, including the option to serve residents and
participants under the age of 60, relating to actions,
inaction, or decisions of providers, or their representatives,
of such facilities and establishments, of public agencies, or
of social services agencies, which may adversely affect the
health, safety, welfare, or rights of such residents and
participants. The Office and designated regional programs may
represent all residents and participants, but are not required
by this Act to represent persons under 60 years of age, except
to the extent required by federal law. When necessary and
appropriate, representatives of the Office shall refer
complaints to the appropriate regulatory State agency. The
Department, in consultation with the Office, shall cooperate
with the Department of Human Services and other State agencies
in providing information and training to designated regional
long term care ombudsman programs about the appropriate
assessment and treatment (including information about
appropriate supportive services, treatment options, and
assessment of rehabilitation potential) of the participants
they serve.
The State Long Term Care Ombudsman and all other
ombudsmen, as defined in paragraph (3.1) of subsection (b)
must submit to background checks under the Health Care Worker
Background Check Act and receive training, as prescribed by
the Illinois Department on Aging, before visiting facilities,
private homes, or community-based settings. The training must
include information specific to assisted living
establishments, supportive living facilities, shared housing
establishments, private homes, and community-based settings
and to the rights of residents and participants guaranteed
under the corresponding Acts and administrative rules.
(c-5) Consumer Choice Information Reports. The Office
shall:
(1) In collaboration with the Attorney General, create
a Consumer Choice Information Report form to be completed
by all licensed long term care facilities to aid
Illinoisans and their families in making informed choices
about long term care. The Office shall create a Consumer
Choice Information Report for each type of licensed long
term care facility. The Office shall collaborate with the
Attorney General and the Department of Human Services to
create a Consumer Choice Information Report form for
facilities licensed under the ID/DD Community Care Act or
the MC/DD Act.
(2) Develop a database of Consumer Choice Information
Reports completed by licensed long term care facilities
that includes information in the following consumer
categories:
(A) Medical Care, Services, and Treatment.
(B) Special Services and Amenities.
(C) Staffing.
(D) Facility Statistics and Resident Demographics.
(E) Ownership and Administration.
(F) Safety and Security.
(G) Meals and Nutrition.
(H) Rooms, Furnishings, and Equipment.
(I) Family, Volunteer, and Visitation Provisions.
(3) Make this information accessible to the public,
including on the Internet by means of a hyperlink on the
Office's World Wide Web home page. Information about
facilities licensed under the ID/DD Community Care Act or
the MC/DD Act shall be made accessible to the public by the
Department of Human Services, including on the Internet by
means of a hyperlink on the Department of Human Services'
"For Customers" website.
(4) Have the authority, with the Attorney General, to
verify that information provided by a facility is
accurate.
(5) Request a new report from any licensed facility
whenever it deems necessary.
(6) Include in the Office's Consumer Choice
Information Report for each type of licensed long term
care facility additional information on each licensed long
term care facility in the State of Illinois, including
information regarding each facility's compliance with the
relevant State and federal statutes, rules, and standards;
customer satisfaction surveys; and information generated
from quality measures developed by the Centers for
Medicare and Medicaid Services.
(d) Access and visitation rights.
(1) In accordance with subparagraphs (A) and (E) of
paragraph (3) of subsection (c) of Section 1819 and
subparagraphs (A) and (E) of paragraph (3) of subsection
(c) of Section 1919 of the Social Security Act, as now or
hereafter amended (42 U.S.C. 1395i-3 (c)(3)(A) and (E) and
42 U.S.C. 1396r (c)(3)(A) and (E)), and Section 712 of the
Older Americans Act of 1965, as now or hereafter amended
(42 U.S.C. 3058f), a long term care facility, supportive
living facility, assisted living establishment, and shared
housing establishment must:
(i) permit immediate access to any resident,
regardless of age, by a designated ombudsman;
(ii) permit representatives of the Office, with
the permission of the resident, the resident's legal
representative, or the resident's legal guardian, to
examine and copy a resident's clinical and other
records, regardless of the age of the resident, and if
a resident is unable to consent to such review, and has
no legal guardian, permit representatives of the
Office appropriate access, as defined by the
Department, in consultation with the Office, in
administrative rules, to the resident's records; and
(iii) permit a representative of the Program to
communicate privately and without restriction with any
participant who consents to the communication
regardless of the consent of, or withholding of
consent by, a legal guardian or an agent named in a
power of attorney executed by the participant.
(2) Each long term care facility, supportive living
facility, assisted living establishment, and shared
housing establishment shall display, in multiple,
conspicuous public places within the facility accessible
to both visitors and residents and in an easily readable
format, the address and phone number of the Office of the
Long Term Care Ombudsman, in a manner prescribed by the
Office.
(e) Immunity. An ombudsman or any representative of the
Office participating in the good faith performance of his or
her official duties shall have immunity from any liability
(civil, criminal or otherwise) in any proceedings (civil,
criminal or otherwise) brought as a consequence of the
performance of his official duties.
(f) Business offenses.
(1) No person shall:
(i) Intentionally prevent, interfere with, or
attempt to impede in any way any representative of the
Office in the performance of his official duties under
this Act and the Older Americans Act of 1965; or
(ii) Intentionally retaliate, discriminate
against, or effect reprisals against any long term
care facility resident or employee for contacting or
providing information to any representative of the
Office.
(2) A violation of this Section is a business offense,
punishable by a fine not to exceed $501.
(3) The State Long Term Care Ombudsman shall notify
the State's Attorney of the county in which the long term
care facility, supportive living facility, or assisted
living or shared housing establishment is located, or the
Attorney General, of any violations of this Section.
(g) Confidentiality of records and identities. The
Department shall establish procedures for the disclosure by
the State Ombudsman or the regional ombudsmen entities of
files maintained by the program. The procedures shall provide
that the files and records may be disclosed only at the
discretion of the State Long Term Care Ombudsman or the person
designated by the State Ombudsman to disclose the files and
records, and the procedures shall prohibit the disclosure of
the identity of any complainant, resident, participant,
witness, or employee of a long term care provider unless:
(1) the complainant, resident, participant, witness,
or employee of a long term care provider or his or her
legal representative consents to the disclosure and the
consent is in writing;
(2) the complainant, resident, participant, witness,
or employee of a long term care provider gives consent
orally; and the consent is documented contemporaneously in
writing in accordance with such requirements as the
Department shall establish; or
(3) the disclosure is required by court order.
(h) Legal representation. The Attorney General shall
provide legal representation to any representative of the
Office against whom suit or other legal action is brought in
connection with the performance of the representative's
official duties, in accordance with the State Employee
Indemnification Act.
(i) Treatment by prayer and spiritual means. Nothing in
this Act shall be construed to authorize or require the
medical supervision, regulation or control of remedial care or
treatment of any resident in a long term care facility
operated exclusively by and for members or adherents of any
church or religious denomination the tenets and practices of
which include reliance solely upon spiritual means through
prayer for healing.
(j) The Long Term Care Ombudsman Fund is created as a
special fund in the State treasury to receive moneys for the
express purposes of this Section. All interest earned on
moneys in the fund shall be credited to the fund. Moneys
contained in the fund shall be used to support the purposes of
this Section.
(k) Each Regional Ombudsman may, in accordance with rules
promulgated by the Office, establish a multi-disciplinary team
to act in an advisory role for the purpose of providing
professional knowledge and expertise in handling complex
abuse, neglect, and advocacy issues involving participants.
Each multi-disciplinary team may consist of one or more
volunteer representatives from any combination of at least 7
members from the following professions: banking or finance;
disability care; health care; pharmacology; law; law
enforcement; emergency responder; mental health care; clergy;
coroner or medical examiner; substance abuse; domestic
violence; sexual assault; or other related fields. To support
multi-disciplinary teams in this role, law enforcement
agencies and coroners or medical examiners shall supply
records as may be requested in particular cases. The Regional
Ombudsman, or his or her designee, of the area in which the
multi-disciplinary team is created shall be the facilitator of
the multi-disciplinary team.
(Source: P.A. 102-1033, eff. 1-1-23.)
Section 10. The Adult Protective Services Act is amended
by changing Sections 2, 4, 4.1, 4.2, 5, and 8 as follows:
(320 ILCS 20/2) (from Ch. 23, par. 6602)
Sec. 2. Definitions. As used in this Act, unless the
context requires otherwise:
(a) "Abandonment" means the desertion or willful forsaking
of an eligible adult by an individual responsible for the care
and custody of that eligible adult under circumstances in
which a reasonable person would continue to provide care and
custody. Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abandonment because of health
care services provided or not provided by licensed health care
professionals.
(a-1) "Abuse" means causing any physical, mental or sexual
injury to an eligible adult, including exploitation of such
adult's financial resources, and abandonment.
Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abuse, abandonment, neglect, or
self-neglect for the sole reason that he or she is being
furnished with or relies upon treatment by spiritual means
through prayer alone, in accordance with the tenets and
practices of a recognized church or religious denomination.
Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abuse because of health care
services provided or not provided by licensed health care
professionals.
Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abuse in cases of criminal
activity by strangers, telemarketing scams, consumer fraud,
internet fraud, home repair disputes, complaints against a
homeowners' association, or complaints between landlords and
tenants.
(a-5) "Abuser" means a person who is a family member,
caregiver, or another person who has a continuing relationship
with the eligible adult and abuses, abandons, neglects, or
financially exploits an eligible adult.
(a-6) "Adult with disabilities" means a person aged 18
through 59 who resides in a domestic living situation and
whose disability as defined in subsection (c-5) impairs his or
her ability to seek or obtain protection from abuse,
abandonment, neglect, or exploitation.
(a-7) "Caregiver" means a person who either as a result of
a family relationship, voluntarily, or in exchange for
compensation has assumed responsibility for all or a portion
of the care of an eligible adult who needs assistance with
activities of daily living or instrumental activities of daily
living.
(b) "Department" means the Department on Aging of the
State of Illinois.
(c) "Director" means the Director of the Department.
(c-5) "Disability" means a physical or mental disability,
including, but not limited to, a developmental disability, an
intellectual disability, a mental illness as defined under the
Mental Health and Developmental Disabilities Code, or dementia
as defined under the Alzheimer's Disease Assistance Act.
(d) "Domestic living situation" means a residence where
the eligible adult at the time of the report lives alone or
with his or her family or a caregiver, or others, or other
community-based unlicensed facility, but is not:
(1) A licensed facility as defined in Section 1-113 of
the Nursing Home Care Act;
(1.5) A facility licensed under the ID/DD Community
Care Act;
(1.6) A facility licensed under the MC/DD Act;
(1.7) A facility licensed under the Specialized Mental
Health Rehabilitation Act of 2013;
(2) A "life care facility" as defined in the Life Care
Facilities Act;
(3) A home, institution, or other place operated by
the federal government or agency thereof or by the State
of Illinois;
(4) A hospital, sanitarium, or other institution, the
principal activity or business of which is the diagnosis,
care, and treatment of human illness through the
maintenance and operation of organized facilities
therefor, which is required to be licensed under the
Hospital Licensing Act;
(5) A "community living facility" as defined in the
Community Living Facilities Licensing Act;
(6) (Blank);
(7) A "community-integrated living arrangement" as
defined in the Community-Integrated Living Arrangements
Licensure and Certification Act or a "community
residential alternative" as licensed under that Act;
(8) An assisted living or shared housing establishment
as defined in the Assisted Living and Shared Housing Act;
or
(9) A supportive living facility as described in
Section 5-5.01a of the Illinois Public Aid Code.
(e) "Eligible adult" means either an adult with
disabilities aged 18 through 59 or a person aged 60 or older
who resides in a domestic living situation and is, or is
alleged to be, abused, abandoned, neglected, or financially
exploited by another individual or who neglects himself or
herself. "Eligible adult" also includes an adult who resides
in any of the facilities that are excluded from the definition
of "domestic living situation" under paragraphs (1) through
(9) of subsection (d), if either: (i) the alleged abuse,
abandonment, or neglect occurs outside of the facility and not
under facility supervision and the alleged abuser is a family
member, caregiver, or another person who has a continuing
relationship with the adult; or (ii) the alleged financial
exploitation is perpetrated by a family member, caregiver, or
another person who has a continuing relationship with the
adult, but who is not an employee of the facility where the
adult resides.
(f) "Emergency" means a situation in which an eligible
adult is living in conditions presenting a risk of death or
physical, mental or sexual injury and the provider agency has
reason to believe the eligible adult is unable to consent to
services which would alleviate that risk.
(f-1) "Financial exploitation" means the use of an
eligible adult's resources by another to the disadvantage of
that adult or the profit or advantage of a person other than
that adult.
(f-3) "Investment advisor" means any person required to
register as an investment adviser or investment adviser
representative under Section 8 of the Illinois Securities Law
of 1953, which for purposes of this Act excludes any bank,
trust company, savings bank, or credit union, or their
respective employees.
(f-5) "Mandated reporter" means any of the following
persons while engaged in carrying out their professional
duties:
(1) a professional or professional's delegate while
engaged in: (i) social services, (ii) law enforcement,
(iii) education, (iv) the care of an eligible adult or
eligible adults, or (v) any of the occupations required to
be licensed under the Behavior Analyst Licensing Act, the
Clinical Psychologist Licensing Act, the Clinical Social
Work and Social Work Practice Act, the Illinois Dental
Practice Act, the Dietitian Nutritionist Practice Act, the
Marriage and Family Therapy Licensing Act, the Medical
Practice Act of 1987, the Naprapathic Practice Act, the
Nurse Practice Act, the Nursing Home Administrators
Licensing and Disciplinary Act, the Illinois Occupational
Therapy Practice Act, the Illinois Optometric Practice Act
of 1987, the Pharmacy Practice Act, the Illinois Physical
Therapy Act, the Physician Assistant Practice Act of 1987,
the Podiatric Medical Practice Act of 1987, the
Respiratory Care Practice Act, the Professional Counselor
and Clinical Professional Counselor Licensing and Practice
Act, the Illinois Speech-Language Pathology and Audiology
Practice Act, the Veterinary Medicine and Surgery Practice
Act of 2004, and the Illinois Public Accounting Act;
(1.5) an employee of an entity providing developmental
disabilities services or service coordination funded by
the Department of Human Services;
(2) an employee of a vocational rehabilitation
facility prescribed or supervised by the Department of
Human Services;
(3) an administrator, employee, or person providing
services in or through an unlicensed community based
facility;
(4) any religious practitioner who provides treatment
by prayer or spiritual means alone in accordance with the
tenets and practices of a recognized church or religious
denomination, except as to information received in any
confession or sacred communication enjoined by the
discipline of the religious denomination to be held
confidential;
(5) field personnel of the Department of Healthcare
and Family Services, Department of Public Health, and
Department of Human Services, and any county or municipal
health department;
(6) personnel of the Department of Human Services, the
Guardianship and Advocacy Commission, the State Fire
Marshal, local fire departments, the Department on Aging
and its subsidiary Area Agencies on Aging and provider
agencies, except the State Long Term Care Ombudsman and
any of his or her representatives or volunteers where
prohibited from making such a report pursuant to 45 CFR
1324.11(e)(3)(iv); and the Office of State Long Term Care
Ombudsman;
(7) any employee of the State of Illinois not
otherwise specified herein who is involved in providing
services to eligible adults, including professionals
providing medical or rehabilitation services and all other
persons having direct contact with eligible adults;
(8) a person who performs the duties of a coroner or
medical examiner; or
(9) a person who performs the duties of a paramedic or
an emergency medical technician; or .
(10) a person who performs the duties of an investment
advisor.
(g) "Neglect" means another individual's failure to
provide an eligible adult with or willful withholding from an
eligible adult the necessities of life including, but not
limited to, food, clothing, shelter or health care. This
subsection does not create any new affirmative duty to provide
support to eligible adults. Nothing in this Act shall be
construed to mean that an eligible adult is a victim of neglect
because of health care services provided or not provided by
licensed health care professionals.
(h) "Provider agency" means any public or nonprofit agency
in a planning and service area that is selected by the
Department or appointed by the regional administrative agency
with prior approval by the Department on Aging to receive and
assess reports of alleged or suspected abuse, abandonment,
neglect, or financial exploitation. A provider agency is also
referenced as a "designated agency" in this Act.
(i) "Regional administrative agency" means any public or
nonprofit agency in a planning and service area that provides
regional oversight and performs functions as set forth in
subsection (b) of Section 3 of this Act. The Department shall
designate an Area Agency on Aging as the regional
administrative agency or, in the event the Area Agency on
Aging in that planning and service area is deemed by the
Department to be unwilling or unable to provide those
functions, the Department may serve as the regional
administrative agency or designate another qualified entity to
serve as the regional administrative agency; any such
designation shall be subject to terms set forth by the
Department.
(i-5) "Self-neglect" means a condition that is the result
of an eligible adult's inability, due to physical or mental
impairments, or both, or a diminished capacity, to perform
essential self-care tasks that substantially threaten his or
her own health, including: providing essential food, clothing,
shelter, and health care; and obtaining goods and services
necessary to maintain physical health, mental health,
emotional well-being, and general safety. The term includes
compulsive hoarding, which is characterized by the acquisition
and retention of large quantities of items and materials that
produce an extensively cluttered living space, which
significantly impairs the performance of essential self-care
tasks or otherwise substantially threatens life or safety.
(j) "Substantiated case" means a reported case of alleged
or suspected abuse, abandonment, neglect, financial
exploitation, or self-neglect in which a provider agency,
after assessment, determines that there is reason to believe
abuse, abandonment, neglect, or financial exploitation has
occurred.
(k) "Verified" means a determination that there is "clear
and convincing evidence" that the specific injury or harm
alleged was the result of abuse, abandonment, neglect, or
financial exploitation.
(Source: P.A. 102-244, eff. 1-1-22; 102-953, eff. 5-27-22.)
(320 ILCS 20/4) (from Ch. 23, par. 6604)
Sec. 4. Reports of abuse, abandonment, or neglect.
(a) Any person who suspects the abuse, abandonment,
neglect, financial exploitation, or self-neglect of an
eligible adult may report this suspicion or information about
the suspicious death of an eligible adult to an agency
designated to receive such reports under this Act or to the
Department.
(a-5) If any mandated reporter has reason to believe that
an eligible adult, who because of a disability or other
condition or impairment is unable to seek assistance for
himself or herself, has, within the previous 12 months, been
subjected to abuse, abandonment, neglect, or financial
exploitation, the mandated reporter shall, within 24 hours
after developing such belief, report this suspicion to an
agency designated to receive such reports under this Act or to
the Department. The agency designated to receive such reports
under this Act or the Department may establish a manner in
which a mandated reporter can make the required report through
an Internet reporting tool. Information sent and received
through the Internet reporting tool is subject to the same
rules in this Act as other types of confidential reporting
established by the designated agency or the Department.
Whenever a mandated reporter is required to report under this
Act in his or her capacity as a member of the staff of a
medical or other public or private institution, facility, or
agency, he or she shall make a report to an agency designated
to receive such reports under this Act or to the Department in
accordance with the provisions of this Act and may also notify
the person in charge of the institution, facility, or agency
or his or her designated agent that the report has been made.
Under no circumstances shall any person in charge of such
institution, facility, or agency, or his or her designated
agent to whom the notification has been made, exercise any
control, restraint, modification, or other change in the
report or the forwarding of the report to an agency designated
to receive such reports under this Act or to the Department.
The privileged quality of communication between any
professional person required to report and his or her patient
or client shall not apply to situations involving abused,
abandoned, neglected, or financially exploited eligible adults
and shall not constitute grounds for failure to report as
required by this Act.
(a-6) If a mandated reporter has reason to believe that
the death of an eligible adult may be the result of abuse or
neglect, the matter shall be reported to an agency designated
to receive such reports under this Act or to the Department for
subsequent referral to the appropriate law enforcement agency
and the coroner or medical examiner in accordance with
subsection (c-5) of Section 3 of this Act.
(a-7) A person making a report under this Act in the belief
that it is in the alleged victim's best interest shall be
immune from criminal or civil liability or professional
disciplinary action on account of making the report,
notwithstanding any requirements concerning the
confidentiality of information with respect to such eligible
adult which might otherwise be applicable.
(a-9) Law enforcement officers shall continue to report
incidents of alleged abuse pursuant to the Illinois Domestic
Violence Act of 1986, notwithstanding any requirements under
this Act.
(b) Any person, institution or agency participating in the
making of a report, providing information or records related
to a report, assessment, or services, or participating in the
investigation of a report under this Act in good faith, or
taking photographs or x-rays as a result of an authorized
assessment, shall have immunity from any civil, criminal or
other liability in any civil, criminal or other proceeding
brought in consequence of making such report or assessment or
on account of submitting or otherwise disclosing such
photographs or x-rays to any agency designated to receive
reports of alleged or suspected abuse, abandonment, or
neglect. Any person, institution or agency authorized by the
Department to provide assessment, intervention, or
administrative services under this Act shall, in the good
faith performance of those services, have immunity from any
civil, criminal or other liability in any civil, criminal, or
other proceeding brought as a consequence of the performance
of those services. For the purposes of any civil, criminal, or
other proceeding, the good faith of any person required to
report, permitted to report, or participating in an
investigation of a report of alleged or suspected abuse,
abandonment, neglect, financial exploitation, or self-neglect
shall be presumed.
(c) The identity of a person making a report of alleged or
suspected abuse, abandonment, neglect, financial exploitation,
or self-neglect or a report concerning information about the
suspicious death of an eligible adult under this Act may be
disclosed by the Department or other agency provided for in
this Act only with such person's written consent or by court
order, but is otherwise confidential.
(d) The Department shall by rule establish a system for
filing and compiling reports made under this Act.
(e) Any physician who willfully fails to report as
required by this Act shall be referred to the Illinois State
Medical Disciplinary Board for action in accordance with
subdivision (A)(22) of Section 22 of the Medical Practice Act
of 1987. Any dentist or dental hygienist who willfully fails
to report as required by this Act shall be referred to the
Department of Professional Regulation for action in accordance
with paragraph 19 of Section 23 of the Illinois Dental
Practice Act. Any optometrist who willfully fails to report as
required by this Act shall be referred to the Department of
Financial and Professional Regulation for action in accordance
with paragraph (15) of subsection (a) of Section 24 of the
Illinois Optometric Practice Act of 1987. Any other mandated
reporter required by this Act to report suspected abuse,
abandonment, neglect, or financial exploitation who willfully
fails to report the same is guilty of a Class A misdemeanor.
(Source: P.A. 102-244, eff. 1-1-22.)
(320 ILCS 20/4.1)
Sec. 4.1. Employer discrimination. No employer shall
discharge, demote or suspend, or threaten to discharge, demote
or suspend, or in any manner discriminate against any
employee: (i) who makes any good faith oral or written report
of suspected abuse, abandonment, neglect, or financial
exploitation; (ii) who makes any good faith oral or written
report concerning information about the suspicious death of an
eligible adult; or (iii) who is or will be a witness or testify
in any investigation or proceeding concerning a report of
suspected abuse, abandonment, neglect, or financial
exploitation.
(Source: P.A. 102-244, eff. 1-1-22.)
(320 ILCS 20/4.2)
Sec. 4.2. Testimony by mandated reporter and investigator.
Any mandated reporter who makes a report or any person who
investigates a report under this Act shall testify fully in
any judicial proceeding resulting from such report, as to any
evidence of abuse, abandonment, neglect, or financial
exploitation or the cause thereof. Any mandated reporter who
is required to report a suspected case of or a suspicious death
due to abuse, abandonment, neglect, or financial exploitation
under Section 4 of this Act shall testify fully in any
administrative hearing resulting from such report, as to any
evidence of abuse, abandonment, neglect, or financial
exploitation or the cause thereof. No evidence shall be
excluded by reason of any common law or statutory privilege
relating to communications between the alleged abuser or the
eligible adult subject of the report under this Act and the
person making or investigating the report.
(Source: P.A. 102-244, eff. 1-1-22.)
(320 ILCS 20/5) (from Ch. 23, par. 6605)
Sec. 5. Procedure.
(a) A provider agency designated to receive reports of
alleged or suspected abuse, abandonment, neglect, financial
exploitation, or self-neglect under this Act shall, upon
receiving such a report, conduct a face-to-face assessment
with respect to such report, in accord with established law
and Department protocols, procedures, and policies.
Face-to-face assessments, casework, and follow-up of reports
of self-neglect by the provider agencies designated to receive
reports of self-neglect shall be subject to sufficient
appropriation for statewide implementation of assessments,
casework, and follow-up of reports of self-neglect. In the
absence of sufficient appropriation for statewide
implementation of assessments, casework, and follow-up of
reports of self-neglect, the designated adult protective
services provider agency shall refer all reports of
self-neglect to the appropriate agency or agencies as
designated by the Department for any follow-up. The assessment
shall include, but not be limited to, a visit to the residence
of the eligible adult who is the subject of the report and
shall include interviews or consultations regarding the
allegations with service agencies, immediate family members,
and individuals who may have knowledge of the eligible adult's
circumstances based on the consent of the eligible adult in
all instances, except where the provider agency is acting in
the best interest of an eligible adult who is unable to seek
assistance for himself or herself and where there are
allegations against a caregiver who has assumed
responsibilities in exchange for compensation. If, after the
assessment, the provider agency determines that the case is
substantiated it shall develop a service care plan for the
eligible adult and may report its findings at any time during
the case to the appropriate law enforcement agency in accord
with established law and Department protocols, procedures, and
policies. In developing a case plan, the provider agency may
consult with any other appropriate provider of services, and
such providers shall be immune from civil or criminal
liability on account of such acts. The plan shall include
alternative suggested or recommended services which are
appropriate to the needs of the eligible adult and which
involve the least restriction of the eligible adult's
activities commensurate with his or her needs. Only those
services to which consent is provided in accordance with
Section 9 of this Act shall be provided, contingent upon the
availability of such services.
(b) A provider agency shall refer evidence of crimes
against an eligible adult to the appropriate law enforcement
agency according to Department policies. A referral to law
enforcement may be made at intake, at or any time during the
case, or after a report of a suspicious death, depending upon
the circumstances. Where a provider agency has reason to
believe the death of an eligible adult may be the result of
abuse, abandonment, or neglect, the agency shall immediately
report the matter to the coroner or medical examiner and shall
cooperate fully with any subsequent investigation.
(c) If any person other than the alleged victim refuses to
allow the provider agency to begin an investigation,
interferes with the provider agency's ability to conduct an
investigation, or refuses to give access to an eligible adult,
the appropriate law enforcement agency must be consulted
regarding the investigation.
(Source: P.A. 101-496, eff. 1-1-20; 102-244, eff. 1-1-22.)
(320 ILCS 20/8) (from Ch. 23, par. 6608)
Sec. 8. Access to records. All records concerning reports
of abuse, abandonment, neglect, financial exploitation, or
self-neglect or reports of suspicious deaths due to abuse,
neglect, or financial exploitation and all records generated
as a result of such reports shall be confidential and shall not
be disclosed except as specifically authorized by this Act or
other applicable law. In accord with established law and
Department protocols, procedures, and policies, access to such
records, but not access to the identity of the person or
persons making a report of alleged abuse, abandonment,
neglect, financial exploitation, or self-neglect as contained
in such records, shall be provided, upon request, to the
following persons and for the following persons:
(1) Department staff, provider agency staff, other
aging network staff, and regional administrative agency
staff, including staff of the Chicago Department on Aging
while that agency is designated as a regional
administrative agency, in the furtherance of their
responsibilities under this Act;
(1.5) A representative of the public guardian acting
in the course of investigating the appropriateness of
guardianship for the eligible adult or while pursuing a
petition for guardianship of the eligible adult pursuant
to the Probate Act of 1975;
(2) A law enforcement agency or State's Attorney's
office investigating known or suspected abuse,
abandonment, neglect, financial exploitation, or
self-neglect. Where a provider agency has reason to
believe that the death of an eligible adult may be the
result of abuse, abandonment, or neglect, including any
reports made after death, the agency shall immediately
provide the appropriate law enforcement agency with all
records pertaining to the eligible adult;
(2.5) A law enforcement agency, fire department
agency, or fire protection district having proper
jurisdiction pursuant to a written agreement between a
provider agency and the law enforcement agency, fire
department agency, or fire protection district under which
the provider agency may furnish to the law enforcement
agency, fire department agency, or fire protection
district a list of all eligible adults who may be at
imminent risk of abuse, abandonment, neglect, financial
exploitation, or self-neglect;
(3) A physician who has before him or her or who is
involved in the treatment of an eligible adult whom he or
she reasonably suspects may be abused, abandoned,
neglected, financially exploited, or self-neglected or who
has been referred to the Adult Protective Services
Program;
(4) An eligible adult reported to be abused,
abandoned, neglected, financially exploited, or
self-neglected, or such adult's authorized guardian or
agent, unless such guardian or agent is the abuser or the
alleged abuser;
(4.5) An executor or administrator of the estate of an
eligible adult who is deceased;
(5) A probate court with jurisdiction over the
guardianship of an alleged victim for an in camera
inspection In cases regarding abuse, abandonment, neglect,
or financial exploitation, a court or a guardian ad litem,
upon its or his or her finding that access to such records
may be necessary for the determination of an issue before
the court. However, such access shall be limited to an in
camera inspection of the records, unless the court
determines that disclosure of the information contained
therein is necessary for the resolution of an issue then
pending before it;
(5.5) A In cases regarding self-neglect, a guardian ad
litem, unless such guardian ad litem is the abuser or
alleged abuser;
(6) A grand jury, upon its determination that access
to such records is necessary in the conduct of its
official business;
(7) Any person authorized by the Director, in writing,
for audit or bona fide research purposes;
(8) A coroner or medical examiner who has reason to
believe that an eligible adult has died as the result of
abuse, abandonment, neglect, financial exploitation, or
self-neglect. The provider agency shall immediately
provide the coroner or medical examiner with all records
pertaining to the eligible adult;
(8.5) A coroner or medical examiner having proper
jurisdiction, pursuant to a written agreement between a
provider agency and the coroner or medical examiner, under
which the provider agency may furnish to the office of the
coroner or medical examiner a list of all eligible adults
who may be at imminent risk of death as a result of abuse,
abandonment, neglect, financial exploitation, or
self-neglect;
(9) Department of Financial and Professional
Regulation staff and members of the Illinois Medical
Disciplinary Board or the Social Work Examining and
Disciplinary Board in the course of investigating alleged
violations of the Clinical Social Work and Social Work
Practice Act by provider agency staff or other licensing
bodies at the discretion of the Director of the Department
on Aging;
(9-a) Department of Healthcare and Family Services
staff and provider agency staff when that Department is
funding services to the eligible adult, including access
to the identity of the eligible adult;
(9-b) Department of Human Services staff and provider
agency staff when that Department is funding services to
the eligible adult or is providing reimbursement for
services provided by the abuser or alleged abuser,
including access to the identity of the eligible adult;
(10) Hearing officers in the course of conducting an
administrative hearing under this Act; parties to such
hearing shall be entitled to discovery as established by
rule;
(11) A caregiver who challenges placement on the
Registry shall be given the statement of allegations in
the abuse report and the substantiation decision in the
final investigative report; and
(12) The Illinois Guardianship and Advocacy Commission
and the agency designated by the Governor under Section 1
of the Protection and Advocacy for Persons with
Developmental Disabilities Act shall have access, through
the Department, to records, including the findings,
pertaining to a completed or closed investigation of a
report of suspected abuse, abandonment, neglect, financial
exploitation, or self-neglect of an eligible adult.
(Source: P.A. 102-244, eff. 1-1-22.)
Section 99. Effective date. This Act takes effect January
1, 2024.