Illinois 2023-2024 Regular Session

Illinois House Bill HB2860 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	HB2860 EngrossedLRB103 26818 KTG 53182 b HB2860 Engrossed LRB103 26818 KTG 53182 b
2		-	HB2860 Engrossed LRB103 26818 KTG 53182 b
	1	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2860 Introduced , by Rep. Katie Stuart SYNOPSIS AS INTRODUCED: 320 ILCS 20/2 from Ch. 23, par. 6602 320 ILCS 20/4 from Ch. 23, par. 6604 320 ILCS 20/4.1 320 ILCS 20/4.2 320 ILCS 20/5 from Ch. 23, par. 6605 320 ILCS 20/8 from Ch. 23, par. 6608 Amends the Adult Protective Services Act. Provides that any person may report information about the suspicious death of an eligible adult to an agency designated to receive such reports or to the Department on Aging. Provides that if a mandated reporter has reason to believe that the death of an eligible adult is the result of abuse or neglect, the matter shall be reported to the agency designated to receive such reports or to the Department for subsequent referral to the appropriate law enforcement agency and coroner or medical examiner. Prohibits employers from discriminating against any employee who makes a good faith oral or written report concerning information about the suspicious death of an eligible adult. Contains provisions concerning the required testimony of a mandated reporter at an administrative hearing concerning the suspicious death of an eligible adult; the referral of evidence to the appropriate law enforcement agency; access to records concerning reports of suspicious deaths due to abuse, neglect, or financial exploitation; and other matters. Makes changes to the definitions of "abuse", "abuser", and "mandated reporter". Defines "investment advisor". Effective January 1, 2024. LRB103 26818 KTG 53182 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2860 Introduced , by Rep. Katie Stuart SYNOPSIS AS INTRODUCED: 320 ILCS 20/2 from Ch. 23, par. 6602 320 ILCS 20/4 from Ch. 23, par. 6604 320 ILCS 20/4.1 320 ILCS 20/4.2 320 ILCS 20/5 from Ch. 23, par. 6605 320 ILCS 20/8 from Ch. 23, par. 6608 320 ILCS 20/2 from Ch. 23, par. 6602 320 ILCS 20/4 from Ch. 23, par. 6604 320 ILCS 20/4.1 320 ILCS 20/4.2 320 ILCS 20/5 from Ch. 23, par. 6605 320 ILCS 20/8 from Ch. 23, par. 6608 Amends the Adult Protective Services Act. Provides that any person may report information about the suspicious death of an eligible adult to an agency designated to receive such reports or to the Department on Aging. Provides that if a mandated reporter has reason to believe that the death of an eligible adult is the result of abuse or neglect, the matter shall be reported to the agency designated to receive such reports or to the Department for subsequent referral to the appropriate law enforcement agency and coroner or medical examiner. Prohibits employers from discriminating against any employee who makes a good faith oral or written report concerning information about the suspicious death of an eligible adult. Contains provisions concerning the required testimony of a mandated reporter at an administrative hearing concerning the suspicious death of an eligible adult; the referral of evidence to the appropriate law enforcement agency; access to records concerning reports of suspicious deaths due to abuse, neglect, or financial exploitation; and other matters. Makes changes to the definitions of "abuse", "abuser", and "mandated reporter". Defines "investment advisor". Effective January 1, 2024. LRB103 26818 KTG 53182 b LRB103 26818 KTG 53182 b A BILL FOR
	2	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2860 Introduced , by Rep. Katie Stuart SYNOPSIS AS INTRODUCED:
	3	+	320 ILCS 20/2 from Ch. 23, par. 6602 320 ILCS 20/4 from Ch. 23, par. 6604 320 ILCS 20/4.1 320 ILCS 20/4.2 320 ILCS 20/5 from Ch. 23, par. 6605 320 ILCS 20/8 from Ch. 23, par. 6608 320 ILCS 20/2 from Ch. 23, par. 6602 320 ILCS 20/4 from Ch. 23, par. 6604 320 ILCS 20/4.1 320 ILCS 20/4.2 320 ILCS 20/5 from Ch. 23, par. 6605 320 ILCS 20/8 from Ch. 23, par. 6608
	4	+	320 ILCS 20/2 from Ch. 23, par. 6602
	5	+	320 ILCS 20/4 from Ch. 23, par. 6604
	6	+	320 ILCS 20/4.1
	7	+	320 ILCS 20/4.2
	8	+	320 ILCS 20/5 from Ch. 23, par. 6605
	9	+	320 ILCS 20/8 from Ch. 23, par. 6608
	10	+	Amends the Adult Protective Services Act. Provides that any person may report information about the suspicious death of an eligible adult to an agency designated to receive such reports or to the Department on Aging. Provides that if a mandated reporter has reason to believe that the death of an eligible adult is the result of abuse or neglect, the matter shall be reported to the agency designated to receive such reports or to the Department for subsequent referral to the appropriate law enforcement agency and coroner or medical examiner. Prohibits employers from discriminating against any employee who makes a good faith oral or written report concerning information about the suspicious death of an eligible adult. Contains provisions concerning the required testimony of a mandated reporter at an administrative hearing concerning the suspicious death of an eligible adult; the referral of evidence to the appropriate law enforcement agency; access to records concerning reports of suspicious deaths due to abuse, neglect, or financial exploitation; and other matters. Makes changes to the definitions of "abuse", "abuser", and "mandated reporter". Defines "investment advisor". Effective January 1, 2024.
	11	+	LRB103 26818 KTG 53182 b LRB103 26818 KTG 53182 b
	12	+	LRB103 26818 KTG 53182 b
	13	+	A BILL FOR
	14	+	HB2860LRB103 26818 KTG 53182 b HB2860 LRB103 26818 KTG 53182 b
	15	+	HB2860 LRB103 26818 KTG 53182 b
3	16		1 AN ACT concerning aging.
4	17		2 Be it enacted by the People of the State of Illinois,
5	18		3 represented in the General Assembly:
6	19		4 Section 5. The Adult Protective Services Act is amended by
7	20		5 changing Sections 2, 4, 4.1, 4.2, 5, and 8 as follows:
8	21		6 (320 ILCS 20/2) (from Ch. 23, par. 6602)
9	22		7 Sec. 2. Definitions. As used in this Act, unless the
10	23		8 context requires otherwise:
11	24		9 (a) "Abandonment" means the desertion or willful forsaking
12	25		10 of an eligible adult by an individual responsible for the care
13	26		11 and custody of that eligible adult under circumstances in
14	27		12 which a reasonable person would continue to provide care and
15	28		13 custody. Nothing in this Act shall be construed to mean that an
16	29		14 eligible adult is a victim of abandonment because of health
17	30		15 care services provided or not provided by licensed health care
18	31		16 professionals.
19	32		17 (a-1) "Abuse" means causing any physical, mental or sexual
20	33		18 injury to an eligible adult, including exploitation of such
21	34		19 adult's financial resources, and abandonment.
22	35		20 Nothing in this Act shall be construed to mean that an
23	36		21 eligible adult is a victim of abuse, abandonment, neglect, or
24	37		22 self-neglect for the sole reason that he or she is being
25	38		23 furnished with or relies upon treatment by spiritual means
26	39
27	40
28	41
29		-	HB2860 Engrossed LRB103 26818 KTG 53182 b
	42	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2860 Introduced , by Rep. Katie Stuart SYNOPSIS AS INTRODUCED:
	43	+	320 ILCS 20/2 from Ch. 23, par. 6602 320 ILCS 20/4 from Ch. 23, par. 6604 320 ILCS 20/4.1 320 ILCS 20/4.2 320 ILCS 20/5 from Ch. 23, par. 6605 320 ILCS 20/8 from Ch. 23, par. 6608 320 ILCS 20/2 from Ch. 23, par. 6602 320 ILCS 20/4 from Ch. 23, par. 6604 320 ILCS 20/4.1 320 ILCS 20/4.2 320 ILCS 20/5 from Ch. 23, par. 6605 320 ILCS 20/8 from Ch. 23, par. 6608
	44	+	320 ILCS 20/2 from Ch. 23, par. 6602
	45	+	320 ILCS 20/4 from Ch. 23, par. 6604
	46	+	320 ILCS 20/4.1
	47	+	320 ILCS 20/4.2
	48	+	320 ILCS 20/5 from Ch. 23, par. 6605
	49	+	320 ILCS 20/8 from Ch. 23, par. 6608
	50	+	Amends the Adult Protective Services Act. Provides that any person may report information about the suspicious death of an eligible adult to an agency designated to receive such reports or to the Department on Aging. Provides that if a mandated reporter has reason to believe that the death of an eligible adult is the result of abuse or neglect, the matter shall be reported to the agency designated to receive such reports or to the Department for subsequent referral to the appropriate law enforcement agency and coroner or medical examiner. Prohibits employers from discriminating against any employee who makes a good faith oral or written report concerning information about the suspicious death of an eligible adult. Contains provisions concerning the required testimony of a mandated reporter at an administrative hearing concerning the suspicious death of an eligible adult; the referral of evidence to the appropriate law enforcement agency; access to records concerning reports of suspicious deaths due to abuse, neglect, or financial exploitation; and other matters. Makes changes to the definitions of "abuse", "abuser", and "mandated reporter". Defines "investment advisor". Effective January 1, 2024.
	51	+	LRB103 26818 KTG 53182 b LRB103 26818 KTG 53182 b
	52	+	LRB103 26818 KTG 53182 b
	53	+	A BILL FOR
30	54
31	55
32		-	HB2860 Engrossed- 2 -LRB103 26818 KTG 53182 b HB2860 Engrossed - 2 - LRB103 26818 KTG 53182 b
33		-	HB2860 Engrossed - 2 - LRB103 26818 KTG 53182 b
	56	+
	57	+
	58	+
	59	+	320 ILCS 20/2 from Ch. 23, par. 6602
	60	+	320 ILCS 20/4 from Ch. 23, par. 6604
	61	+	320 ILCS 20/4.1
	62	+	320 ILCS 20/4.2
	63	+	320 ILCS 20/5 from Ch. 23, par. 6605
	64	+	320 ILCS 20/8 from Ch. 23, par. 6608
	65	+
	66	+
	67	+
	68	+	LRB103 26818 KTG 53182 b
	69	+
	70	+
	71	+
	72	+
	73	+
	74	+
	75	+
	76	+
	77	+
	78	+	HB2860 LRB103 26818 KTG 53182 b
	79	+
	80	+
	81	+	HB2860- 2 -LRB103 26818 KTG 53182 b HB2860 - 2 - LRB103 26818 KTG 53182 b
	82	+	HB2860 - 2 - LRB103 26818 KTG 53182 b
34	83		1 through prayer alone, in accordance with the tenets and
35	84		2 practices of a recognized church or religious denomination.
36	85		3 Nothing in this Act shall be construed to mean that an
37	86		4 eligible adult is a victim of abuse because of health care
38	87		5 services provided or not provided by licensed health care
39	88		6 professionals.
40	89		7 Nothing in this Act shall be construed to mean that an
41	90		8 eligible adult is a victim of abuse in cases of criminal
42	91		9 activity by strangers, telemarketing scams, consumer fraud,
43	92		10 internet fraud, home repair disputes, complaints against a
44	93		11 homeowners' association, or complaints between landlords and
45	94		12 tenants.
46	95		13 (a-5) "Abuser" means a person who is a family member,
47	96		14 caregiver, or another person who has a continuing relationship
48	97		15 with the eligible adult and abuses, abandons, neglects, or
49	98		16 financially exploits an eligible adult.
50	99		17 (a-6) "Adult with disabilities" means a person aged 18
51	100		18 through 59 who resides in a domestic living situation and
52	101		19 whose disability as defined in subsection (c-5) impairs his or
53	102		20 her ability to seek or obtain protection from abuse,
54	103		21 abandonment, neglect, or exploitation.
55	104		22 (a-7) "Caregiver" means a person who either as a result of
56	105		23 a family relationship, voluntarily, or in exchange for
57	106		24 compensation has assumed responsibility for all or a portion
58	107		25 of the care of an eligible adult who needs assistance with
59	108		26 activities of daily living or instrumental activities of daily
60	109
61	110
62	111
63	112
64	113
65		-	HB2860 ~~Engrossed~~ - 2 - LRB103 26818 KTG 53182 b
	114	+	HB2860 - 2 - LRB103 26818 KTG 53182 b
66	115
67	116
68		-	HB2860 ~~Engrossed~~- 3 -LRB103 26818 KTG 53182 b HB2860 ~~Engrossed~~ - 3 - LRB103 26818 KTG 53182 b
69		-	HB2860 ~~Engrossed~~ - 3 - LRB103 26818 KTG 53182 b
	117	+	HB2860- 3 -LRB103 26818 KTG 53182 b HB2860 - 3 - LRB103 26818 KTG 53182 b
	118	+	HB2860 - 3 - LRB103 26818 KTG 53182 b
70	119		1 living.
71	120		2 (b) "Department" means the Department on Aging of the
72	121		3 State of Illinois.
73	122		4 (c) "Director" means the Director of the Department.
74	123		5 (c-5) "Disability" means a physical or mental disability,
75	124		6 including, but not limited to, a developmental disability, an
76	125		7 intellectual disability, a mental illness as defined under the
77	126		8 Mental Health and Developmental Disabilities Code, or dementia
78	127		9 as defined under the Alzheimer's Disease Assistance Act.
79	128		10 (d) "Domestic living situation" means a residence where
80	129		11 the eligible adult at the time of the report lives alone or
81	130		12 with his or her family or a caregiver, or others, or other
82	131		13 community-based unlicensed facility, but is not:
83	132		14 (1) A licensed facility as defined in Section 1-113 of
84	133		15 the Nursing Home Care Act;
85	134		16 (1.5) A facility licensed under the ID/DD Community
86	135		17 Care Act;
87	136		18 (1.6) A facility licensed under the MC/DD Act;
88	137		19 (1.7) A facility licensed under the Specialized Mental
89	138		20 Health Rehabilitation Act of 2013;
90	139		21 (2) A "life care facility" as defined in the Life Care
91	140		22 Facilities Act;
92	141		23 (3) A home, institution, or other place operated by
93	142		24 the federal government or agency thereof or by the State
94	143		25 of Illinois;
95	144		26 (4) A hospital, sanitarium, or other institution, the
96	145
97	146
98	147
99	148
100	149
101		-	HB2860 ~~Engrossed~~ - 3 - LRB103 26818 KTG 53182 b
	150	+	HB2860 - 3 - LRB103 26818 KTG 53182 b
102	151
103	152
104		-	HB2860 ~~Engrossed~~- 4 -LRB103 26818 KTG 53182 b HB2860 ~~Engrossed~~ - 4 - LRB103 26818 KTG 53182 b
105		-	HB2860 ~~Engrossed~~ - 4 - LRB103 26818 KTG 53182 b
	153	+	HB2860- 4 -LRB103 26818 KTG 53182 b HB2860 - 4 - LRB103 26818 KTG 53182 b
	154	+	HB2860 - 4 - LRB103 26818 KTG 53182 b
106	155		1 principal activity or business of which is the diagnosis,
107	156		2 care, and treatment of human illness through the
108	157		3 maintenance and operation of organized facilities
109	158		4 therefor, which is required to be licensed under the
110	159		5 Hospital Licensing Act;
111	160		6 (5) A "community living facility" as defined in the
112	161		7 Community Living Facilities Licensing Act;
113	162		8 (6) (Blank);
114	163		9 (7) A "community-integrated living arrangement" as
115	164		10 defined in the Community-Integrated Living Arrangements
116	165		11 Licensure and Certification Act or a "community
117	166		12 residential alternative" as licensed under that Act;
118	167		13 (8) An assisted living or shared housing establishment
119	168		14 as defined in the Assisted Living and Shared Housing Act;
120	169		15 or
121	170		16 (9) A supportive living facility as described in
122	171		17 Section 5-5.01a of the Illinois Public Aid Code.
123	172		18 (e) "Eligible adult" means either an adult with
124	173		19 disabilities aged 18 through 59 or a person aged 60 or older
125	174		20 who resides in a domestic living situation and is, or is
126	175		21 alleged to be, abused, abandoned, neglected, or financially
127	176		22 exploited by another individual or who neglects himself or
128	177		23 herself. "Eligible adult" also includes an adult who resides
129	178		24 in any of the facilities that are excluded from the definition
130	179		25 of "domestic living situation" under paragraphs (1) through
131	180		26 (9) of subsection (d), if either: (i) the alleged abuse,
132	181
133	182
134	183
135	184
136	185
137		-	HB2860 ~~Engrossed~~ - 4 - LRB103 26818 KTG 53182 b
	186	+	HB2860 - 4 - LRB103 26818 KTG 53182 b
138	187
139	188
140		-	HB2860 ~~Engrossed~~- 5 -LRB103 26818 KTG 53182 b HB2860 ~~Engrossed~~ - 5 - LRB103 26818 KTG 53182 b
141		-	HB2860 ~~Engrossed~~ - 5 - LRB103 26818 KTG 53182 b
	189	+	HB2860- 5 -LRB103 26818 KTG 53182 b HB2860 - 5 - LRB103 26818 KTG 53182 b
	190	+	HB2860 - 5 - LRB103 26818 KTG 53182 b
142	191		1 abandonment, or neglect occurs outside of the facility and not
143	192		2 under facility supervision and the alleged abuser is a family
144	193		3 member, caregiver, or another person who has a continuing
145	194		4 relationship with the adult; or (ii) the alleged financial
146	195		5 exploitation is perpetrated by a family member, caregiver, or
147	196		6 another person who has a continuing relationship with the
148	197		7 adult, but who is not an employee of the facility where the
149	198		8 adult resides.
150	199		9 (f) "Emergency" means a situation in which an eligible
151	200		10 adult is living in conditions presenting a risk of death or
152	201		11 physical, mental or sexual injury and the provider agency has
153	202		12 reason to believe the eligible adult is unable to consent to
154	203		13 services which would alleviate that risk.
155	204		14 (f-1) "Financial exploitation" means the use of an
156	205		15 eligible adult's resources by another to the disadvantage of
157	206		16 that adult or the profit or advantage of a person other than
158	207		17 that adult.
159	208		18 (f-3) "Investment advisor" means any person required to
160	209		19 register as an investment adviser or investment adviser
161	210		20 representative under Section 8 of the Illinois Securities Law
162	211		21 of 1953, which for purposes of this Act excludes any bank,
163	212		22 trust company, savings bank, or credit union, or their
164	213		23 respective employees.
165	214		24 (f-5) "Mandated reporter" means any of the following
166	215		25 persons while engaged in carrying out their professional
167	216		26 duties:
168	217
169	218
170	219
171	220
172	221
173		-	HB2860 ~~Engrossed~~ - 5 - LRB103 26818 KTG 53182 b
	222	+	HB2860 - 5 - LRB103 26818 KTG 53182 b
174	223
175	224
176		-	HB2860 ~~Engrossed~~- 6 -LRB103 26818 KTG 53182 b HB2860 ~~Engrossed~~ - 6 - LRB103 26818 KTG 53182 b
177		-	HB2860 ~~Engrossed~~ - 6 - LRB103 26818 KTG 53182 b
	225	+	HB2860- 6 -LRB103 26818 KTG 53182 b HB2860 - 6 - LRB103 26818 KTG 53182 b
	226	+	HB2860 - 6 - LRB103 26818 KTG 53182 b
178	227		1 (1) a professional or professional's delegate while
179	228		2 engaged in: (i) social services, (ii) law enforcement,
180	229		3 (iii) education, (iv) the care of an eligible adult or
181	230		4 eligible adults, or (v) any of the occupations required to
182	231		5 be licensed under the Behavior Analyst Licensing Act, the
183	232		6 Clinical Psychologist Licensing Act, the Clinical Social
184	233		7 Work and Social Work Practice Act, the Illinois Dental
185	234		8 Practice Act, the Dietitian Nutritionist Practice Act, the
186	235		9 Marriage and Family Therapy Licensing Act, the Medical
187	236		10 Practice Act of 1987, the Naprapathic Practice Act, the
188	237		11 Nurse Practice Act, the Nursing Home Administrators
189	238		12 Licensing and Disciplinary Act, the Illinois Occupational
190	239		13 Therapy Practice Act, the Illinois Optometric Practice Act
191	240		14 of 1987, the Pharmacy Practice Act, the Illinois Physical
192	241		15 Therapy Act, the Physician Assistant Practice Act of 1987,
193	242		16 the Podiatric Medical Practice Act of 1987, the
194	243		17 Respiratory Care Practice Act, the Professional Counselor
195	244		18 and Clinical Professional Counselor Licensing and Practice
196	245		19 Act, the Illinois Speech-Language Pathology and Audiology
197	246		20 Practice Act, the Veterinary Medicine and Surgery Practice
198	247		21 Act of 2004, and the Illinois Public Accounting Act;
199	248		22 (1.5) an employee of an entity providing developmental
200	249		23 disabilities services or service coordination funded by
201	250		24 the Department of Human Services;
202	251		25 (2) an employee of a vocational rehabilitation
203	252		26 facility prescribed or supervised by the Department of
204	253
205	254
206	255
207	256
208	257
209		-	HB2860 ~~Engrossed~~ - 6 - LRB103 26818 KTG 53182 b
	258	+	HB2860 - 6 - LRB103 26818 KTG 53182 b
210	259
211	260
212		-	HB2860 ~~Engrossed~~- 7 -LRB103 26818 KTG 53182 b HB2860 ~~Engrossed~~ - 7 - LRB103 26818 KTG 53182 b
213		-	HB2860 ~~Engrossed~~ - 7 - LRB103 26818 KTG 53182 b
	261	+	HB2860- 7 -LRB103 26818 KTG 53182 b HB2860 - 7 - LRB103 26818 KTG 53182 b
	262	+	HB2860 - 7 - LRB103 26818 KTG 53182 b
214	263		1 Human Services;
215	264		2 (3) an administrator, employee, or person providing
216	265		3 services in or through an unlicensed community based
217	266		4 facility;
218	267		5 (4) any religious practitioner who provides treatment
219	268		6 by prayer or spiritual means alone in accordance with the
220	269		7 tenets and practices of a recognized church or religious
221	270		8 denomination, except as to information received in any
222	271		9 confession or sacred communication enjoined by the
223	272		10 discipline of the religious denomination to be held
224	273		11 confidential;
225	274		12 (5) field personnel of the Department of Healthcare
226	275		13 and Family Services, Department of Public Health, and
227	276		14 Department of Human Services, and any county or municipal
228	277		15 health department;
229	278		16 (6) personnel of the Department of Human Services, the
230	279		17 Guardianship and Advocacy Commission, the State Fire
231	280		18 Marshal, local fire departments, the Department on Aging
232	281		19 and its subsidiary Area Agencies on Aging and provider
233	282		20 agencies, and the Office of State Long Term Care
234	283		21 Ombudsman;
235	284		22 (7) any employee of the State of Illinois not
236	285		23 otherwise specified herein who is involved in providing
237	286		24 services to eligible adults, including professionals
238	287		25 providing medical or rehabilitation services and all other
239	288		26 persons having direct contact with eligible adults;
240	289
241	290
242	291
243	292
244	293
245		-	HB2860 ~~Engrossed~~ - 7 - LRB103 26818 KTG 53182 b
	294	+	HB2860 - 7 - LRB103 26818 KTG 53182 b
246	295
247	296
248		-	HB2860 ~~Engrossed~~- 8 -LRB103 26818 KTG 53182 b HB2860 ~~Engrossed~~ - 8 - LRB103 26818 KTG 53182 b
249		-	HB2860 ~~Engrossed~~ - 8 - LRB103 26818 KTG 53182 b
	297	+	HB2860- 8 -LRB103 26818 KTG 53182 b HB2860 - 8 - LRB103 26818 KTG 53182 b
	298	+	HB2860 - 8 - LRB103 26818 KTG 53182 b
250	299		1 (8) a person who performs the duties of a coroner or
251	300		2 medical examiner; or
252	301		3 (9) a person who performs the duties of a paramedic or
253	302		4 an emergency medical technician; or .
254	303		5 (10) a person who performs the duties of an investment
255	304		6 advisor.
256	305		7 (g) "Neglect" means another individual's failure to
257	306		8 provide an eligible adult with or willful withholding from an
258	307		9 eligible adult the necessities of life including, but not
259	308		10 limited to, food, clothing, shelter or health care. This
260	309		11 subsection does not create any new affirmative duty to provide
261	310		12 support to eligible adults. Nothing in this Act shall be
262	311		13 construed to mean that an eligible adult is a victim of neglect
263	312		14 because of health care services provided or not provided by
264	313		15 licensed health care professionals.
265	314		16 (h) "Provider agency" means any public or nonprofit agency
266	315		17 in a planning and service area that is selected by the
267	316		18 Department or appointed by the regional administrative agency
268	317		19 with prior approval by the Department on Aging to receive and
269	318		20 assess reports of alleged or suspected abuse, abandonment,
270	319		21 neglect, or financial exploitation. A provider agency is also
271	320		22 referenced as a "designated agency" in this Act.
272	321		23 (i) "Regional administrative agency" means any public or
273	322		24 nonprofit agency in a planning and service area that provides
274	323		25 regional oversight and performs functions as set forth in
275	324		26 subsection (b) of Section 3 of this Act. The Department shall
276	325
277	326
278	327
279	328
280	329
281		-	HB2860 ~~Engrossed~~ - 8 - LRB103 26818 KTG 53182 b
	330	+	HB2860 - 8 - LRB103 26818 KTG 53182 b
282	331
283	332
284		-	HB2860 ~~Engrossed~~- 9 -LRB103 26818 KTG 53182 b HB2860 ~~Engrossed~~ - 9 - LRB103 26818 KTG 53182 b
285		-	HB2860 ~~Engrossed~~ - 9 - LRB103 26818 KTG 53182 b
	333	+	HB2860- 9 -LRB103 26818 KTG 53182 b HB2860 - 9 - LRB103 26818 KTG 53182 b
	334	+	HB2860 - 9 - LRB103 26818 KTG 53182 b
286	335		1 designate an Area Agency on Aging as the regional
287	336		2 administrative agency or, in the event the Area Agency on
288	337		3 Aging in that planning and service area is deemed by the
289	338		4 Department to be unwilling or unable to provide those
290	339		5 functions, the Department may serve as the regional
291	340		6 administrative agency or designate another qualified entity to
292	341		7 serve as the regional administrative agency; any such
293	342		8 designation shall be subject to terms set forth by the
294	343		9 Department.
295	344		10 (i-5) "Self-neglect" means a condition that is the result
296	345		11 of an eligible adult's inability, due to physical or mental
297	346		12 impairments, or both, or a diminished capacity, to perform
298	347		13 essential self-care tasks that substantially threaten his or
299	348		14 her own health, including: providing essential food, clothing,
300	349		15 shelter, and health care; and obtaining goods and services
301	350		16 necessary to maintain physical health, mental health,
302	351		17 emotional well-being, and general safety. The term includes
303	352		18 compulsive hoarding, which is characterized by the acquisition
304	353		19 and retention of large quantities of items and materials that
305	354		20 produce an extensively cluttered living space, which
306	355		21 significantly impairs the performance of essential self-care
307	356		22 tasks or otherwise substantially threatens life or safety.
308	357		23 (j) "Substantiated case" means a reported case of alleged
309	358		24 or suspected abuse, abandonment, neglect, financial
310	359		25 exploitation, or self-neglect in which a provider agency,
311	360		26 after assessment, determines that there is reason to believe
312	361
313	362
314	363
315	364
316	365
317		-	HB2860 ~~Engrossed~~ - 9 - LRB103 26818 KTG 53182 b
	366	+	HB2860 - 9 - LRB103 26818 KTG 53182 b
318	367
319	368
320		-	HB2860 ~~Engrossed~~- 10 -LRB103 26818 KTG 53182 b HB2860 ~~Engrossed~~ - 10 - LRB103 26818 KTG 53182 b
321		-	HB2860 ~~Engrossed~~ - 10 - LRB103 26818 KTG 53182 b
	369	+	HB2860- 10 -LRB103 26818 KTG 53182 b HB2860 - 10 - LRB103 26818 KTG 53182 b
	370	+	HB2860 - 10 - LRB103 26818 KTG 53182 b
322	371		1 abuse, abandonment, neglect, or financial exploitation has
323	372		2 occurred.
324	373		3 (k) "Verified" means a determination that there is "clear
325	374		4 and convincing evidence" that the specific injury or harm
326	375		5 alleged was the result of abuse, abandonment, neglect, or
327	376		6 financial exploitation.
328	377		7 (Source: P.A. 102-244, eff. 1-1-22; 102-953, eff. 5-27-22.)
329	378		8 (320 ILCS 20/4) (from Ch. 23, par. 6604)
330	379		9 Sec. 4. Reports of abuse, abandonment, or neglect.
331	380		10 (a) Any person who suspects the abuse, abandonment,
332	381		11 neglect, financial exploitation, or self-neglect of an
333	382		12 eligible adult may report this suspicion or information about
334	383		13 the suspicious death of an eligible adult to an agency
335	384		14 designated to receive such reports under this Act or to the
336	385		15 Department.
337	386		16 (a-5) If any mandated reporter has reason to believe that
338	387		17 an eligible adult, who because of a disability or other
339	388		18 condition or impairment is unable to seek assistance for
340	389		19 himself or herself, has, within the previous 12 months, been
341	390		20 subjected to abuse, abandonment, neglect, or financial
342	391		21 exploitation, the mandated reporter shall, within 24 hours
343	392		22 after developing such belief, report this suspicion to an
344	393		23 agency designated to receive such reports under this Act or to
345	394		24 the Department. The agency designated to receive such reports
346	395		25 under this Act or the Department may establish a manner in
347	396
348	397
349	398
350	399
351	400
352		-	HB2860 ~~Engrossed~~ - 10 - LRB103 26818 KTG 53182 b
	401	+	HB2860 - 10 - LRB103 26818 KTG 53182 b
353	402
354	403
355		-	HB2860 ~~Engrossed~~- 11 -LRB103 26818 KTG 53182 b HB2860 ~~Engrossed~~ - 11 - LRB103 26818 KTG 53182 b
356		-	HB2860 ~~Engrossed~~ - 11 - LRB103 26818 KTG 53182 b
	404	+	HB2860- 11 -LRB103 26818 KTG 53182 b HB2860 - 11 - LRB103 26818 KTG 53182 b
	405	+	HB2860 - 11 - LRB103 26818 KTG 53182 b
357	406		1 which a mandated reporter can make the required report through
358	407		2 an Internet reporting tool. Information sent and received
359	408		3 through the Internet reporting tool is subject to the same
360	409		4 rules in this Act as other types of confidential reporting
361	410		5 established by the designated agency or the Department.
362	411		6 Whenever a mandated reporter is required to report under this
363	412		7 Act in his or her capacity as a member of the staff of a
364	413		8 medical or other public or private institution, facility, or
365	414		9 agency, he or she shall make a report to an agency designated
366	415		10 to receive such reports under this Act or to the Department in
367	416		11 accordance with the provisions of this Act and may also notify
368	417		12 the person in charge of the institution, facility, or agency
369	418		13 or his or her designated agent that the report has been made.
370	419		14 Under no circumstances shall any person in charge of such
371	420		15 institution, facility, or agency, or his or her designated
372	421		16 agent to whom the notification has been made, exercise any
373	422		17 control, restraint, modification, or other change in the
374	423		18 report or the forwarding of the report to an agency designated
375	424		19 to receive such reports under this Act or to the Department.
376	425		20 The privileged quality of communication between any
377	426		21 professional person required to report and his or her patient
378	427		22 or client shall not apply to situations involving abused,
379	428		23 abandoned, neglected, or financially exploited eligible adults
380	429		24 and shall not constitute grounds for failure to report as
381	430		25 required by this Act.
382	431		26 (a-6) If a mandated reporter has reason to believe that
383	432
384	433
385	434
386	435
387	436
388		-	HB2860 ~~Engrossed~~ - 11 - LRB103 26818 KTG 53182 b
	437	+	HB2860 - 11 - LRB103 26818 KTG 53182 b
389	438
390	439
391		-	HB2860 ~~Engrossed~~- 12 -LRB103 26818 KTG 53182 b HB2860 ~~Engrossed~~ - 12 - LRB103 26818 KTG 53182 b
392		-	HB2860 ~~Engrossed~~ - 12 - LRB103 26818 KTG 53182 b
	440	+	HB2860- 12 -LRB103 26818 KTG 53182 b HB2860 - 12 - LRB103 26818 KTG 53182 b
	441	+	HB2860 - 12 - LRB103 26818 KTG 53182 b
393	442		1 the death of an eligible adult may be the result of abuse or
394	443		2 neglect, the matter shall be reported to an agency designated
395	444		3 to receive such reports under this Act or to the Department for
396	445		4 subsequent referral to the appropriate law enforcement agency
397	446		5 and the coroner or medical examiner in accordance with
398	447		6 subsection (c-5) of Section 3 of this Act.
399	448		7 (a-7) A person making a report under this Act in the belief
400	449		8 that it is in the alleged victim's best interest shall be
401	450		9 immune from criminal or civil liability or professional
402	451		10 disciplinary action on account of making the report,
403	452		11 notwithstanding any requirements concerning the
404	453		12 confidentiality of information with respect to such eligible
405	454		13 adult which might otherwise be applicable.
406	455		14 (a-9) Law enforcement officers shall continue to report
407	456		15 incidents of alleged abuse pursuant to the Illinois Domestic
408	457		16 Violence Act of 1986, notwithstanding any requirements under
409	458		17 this Act.
410	459		18 (b) Any person, institution or agency participating in the
411	460		19 making of a report, providing information or records related
412	461		20 to a report, assessment, or services, or participating in the
413	462		21 investigation of a report under this Act in good faith, or
414	463		22 taking photographs or x-rays as a result of an authorized
415	464		23 assessment, shall have immunity from any civil, criminal or
416	465		24 other liability in any civil, criminal or other proceeding
417	466		25 brought in consequence of making such report or assessment or
418	467		26 on account of submitting or otherwise disclosing such
419	468
420	469
421	470
422	471
423	472
424		-	HB2860 ~~Engrossed~~ - 12 - LRB103 26818 KTG 53182 b
	473	+	HB2860 - 12 - LRB103 26818 KTG 53182 b
425	474
426	475
427		-	HB2860 ~~Engrossed~~- 13 -LRB103 26818 KTG 53182 b HB2860 ~~Engrossed~~ - 13 - LRB103 26818 KTG 53182 b
428		-	HB2860 ~~Engrossed~~ - 13 - LRB103 26818 KTG 53182 b
	476	+	HB2860- 13 -LRB103 26818 KTG 53182 b HB2860 - 13 - LRB103 26818 KTG 53182 b
	477	+	HB2860 - 13 - LRB103 26818 KTG 53182 b
429	478		1 photographs or x-rays to any agency designated to receive
430	479		2 reports of alleged or suspected abuse, abandonment, or
431	480		3 neglect. Any person, institution or agency authorized by the
432	481		4 Department to provide assessment, intervention, or
433	482		5 administrative services under this Act shall, in the good
434	483		6 faith performance of those services, have immunity from any
435	484		7 civil, criminal or other liability in any civil, criminal, or
436	485		8 other proceeding brought as a consequence of the performance
437	486		9 of those services. For the purposes of any civil, criminal, or
438	487		10 other proceeding, the good faith of any person required to
439	488		11 report, permitted to report, or participating in an
440	489		12 investigation of a report of alleged or suspected abuse,
441	490		13 abandonment, neglect, financial exploitation, or self-neglect
442	491		14 shall be presumed.
443	492		15 (c) The identity of a person making a report of alleged or
444	493		16 suspected abuse, abandonment, neglect, financial exploitation,
445	494		17 or self-neglect or a report concerning information about the
446	495		18 suspicious death of an eligible adult under this Act may be
447	496		19 disclosed by the Department or other agency provided for in
448	497		20 this Act only with such person's written consent or by court
449	498		21 order, but is otherwise confidential.
450	499		22 (d) The Department shall by rule establish a system for
451	500		23 filing and compiling reports made under this Act.
452	501		24 (e) Any physician who willfully fails to report as
453	502		25 required by this Act shall be referred to the Illinois State
454	503		26 Medical Disciplinary Board for action in accordance with
455	504
456	505
457	506
458	507
459	508
460		-	HB2860 ~~Engrossed~~ - 13 - LRB103 26818 KTG 53182 b
	509	+	HB2860 - 13 - LRB103 26818 KTG 53182 b
461	510
462	511
463		-	HB2860 ~~Engrossed~~- 14 -LRB103 26818 KTG 53182 b HB2860 ~~Engrossed~~ - 14 - LRB103 26818 KTG 53182 b
464		-	HB2860 ~~Engrossed~~ - 14 - LRB103 26818 KTG 53182 b
	512	+	HB2860- 14 -LRB103 26818 KTG 53182 b HB2860 - 14 - LRB103 26818 KTG 53182 b
	513	+	HB2860 - 14 - LRB103 26818 KTG 53182 b
465	514		1 subdivision (A)(22) of Section 22 of the Medical Practice Act
466	515		2 of 1987. Any dentist or dental hygienist who willfully fails
467	516		3 to report as required by this Act shall be referred to the
468	517		4 Department of Professional Regulation for action in accordance
469	518		5 with paragraph 19 of Section 23 of the Illinois Dental
470	519		6 Practice Act. Any optometrist who willfully fails to report as
471	520		7 required by this Act shall be referred to the Department of
472	521		8 Financial and Professional Regulation for action in accordance
473	522		9 with paragraph (15) of subsection (a) of Section 24 of the
474	523		10 Illinois Optometric Practice Act of 1987. Any other mandated
475	524		11 reporter required by this Act to report suspected abuse,
476	525		12 abandonment, neglect, or financial exploitation who willfully
477	526		13 fails to report the same is guilty of a Class A misdemeanor.
478	527		14 (Source: P.A. 102-244, eff. 1-1-22.)
479	528		15 (320 ILCS 20/4.1)
480	529		16 Sec. 4.1. Employer discrimination. No employer shall
481	530		17 discharge, demote or suspend, or threaten to discharge, demote
482	531		18 or suspend, or in any manner discriminate against any
483	532		19 employee: (i) who makes any good faith oral or written report
484	533		20 of suspected abuse, abandonment, neglect, or financial
485	534		21 exploitation; (ii) who makes any good faith oral or written
486	535		22 report concerning information about the suspicious death of an
487	536		23 eligible adult; or (iii) who is or will be a witness or testify
488	537		24 in any investigation or proceeding concerning a report of
489	538		25 suspected abuse, abandonment, neglect, or financial
490	539
491	540
492	541
493	542
494	543
495		-	HB2860 ~~Engrossed~~ - 14 - LRB103 26818 KTG 53182 b
	544	+	HB2860 - 14 - LRB103 26818 KTG 53182 b
496	545
497	546
498		-	HB2860 ~~Engrossed~~- 15 -LRB103 26818 KTG 53182 b HB2860 ~~Engrossed~~ - 15 - LRB103 26818 KTG 53182 b
499		-	HB2860 ~~Engrossed~~ - 15 - LRB103 26818 KTG 53182 b
	547	+	HB2860- 15 -LRB103 26818 KTG 53182 b HB2860 - 15 - LRB103 26818 KTG 53182 b
	548	+	HB2860 - 15 - LRB103 26818 KTG 53182 b
500	549		1 exploitation.
501	550		2 (Source: P.A. 102-244, eff. 1-1-22.)
502	551		3 (320 ILCS 20/4.2)
503	552		4 Sec. 4.2. Testimony by mandated reporter and investigator.
504	553		5 Any mandated reporter who makes a report or any person who
505	554		6 investigates a report under this Act shall testify fully in
506	555		7 any judicial proceeding resulting from such report, as to any
507	556		8 evidence of abuse, abandonment, neglect, or financial
508	557		9 exploitation or the cause thereof. Any mandated reporter who
509	558		10 is required to report a suspected case of or a suspicious death
510	559		11 due to abuse, abandonment, neglect, or financial exploitation
511	560		12 under Section 4 of this Act shall testify fully in any
512	561		13 administrative hearing resulting from such report, as to any
513	562		14 evidence of abuse, abandonment, neglect, or financial
514	563		15 exploitation or the cause thereof. No evidence shall be
515	564		16 excluded by reason of any common law or statutory privilege
516	565		17 relating to communications between the alleged abuser or the
517	566		18 eligible adult subject of the report under this Act and the
518	567		19 person making or investigating the report.
519	568		20 (Source: P.A. 102-244, eff. 1-1-22.)
520	569		21 (320 ILCS 20/5) (from Ch. 23, par. 6605)
521	570		22 Sec. 5. Procedure.
522	571		23 (a) A provider agency designated to receive reports of
523	572		24 alleged or suspected abuse, abandonment, neglect, financial
524	573
525	574
526	575
527	576
528	577
529		-	HB2860 ~~Engrossed~~ - 15 - LRB103 26818 KTG 53182 b
	578	+	HB2860 - 15 - LRB103 26818 KTG 53182 b
530	579
531	580
532		-	HB2860 ~~Engrossed~~- 16 -LRB103 26818 KTG 53182 b HB2860 ~~Engrossed~~ - 16 - LRB103 26818 KTG 53182 b
533		-	HB2860 ~~Engrossed~~ - 16 - LRB103 26818 KTG 53182 b
	581	+	HB2860- 16 -LRB103 26818 KTG 53182 b HB2860 - 16 - LRB103 26818 KTG 53182 b
	582	+	HB2860 - 16 - LRB103 26818 KTG 53182 b
534	583		1 exploitation, or self-neglect under this Act shall, upon
535	584		2 receiving such a report, conduct a face-to-face assessment
536	585		3 with respect to such report, in accord with established law
537	586		4 and Department protocols, procedures, and policies.
538	587		5 Face-to-face assessments, casework, and follow-up of reports
539	588		6 of self-neglect by the provider agencies designated to receive
540	589		7 reports of self-neglect shall be subject to sufficient
541	590		8 appropriation for statewide implementation of assessments,
542	591		9 casework, and follow-up of reports of self-neglect. In the
543	592		10 absence of sufficient appropriation for statewide
544	593		11 implementation of assessments, casework, and follow-up of
545	594		12 reports of self-neglect, the designated adult protective
546	595		13 services provider agency shall refer all reports of
547	596		14 self-neglect to the appropriate agency or agencies as
548	597		15 designated by the Department for any follow-up. The assessment
549	598		16 shall include, but not be limited to, a visit to the residence
550	599		17 of the eligible adult who is the subject of the report and
551	600		18 shall include interviews or consultations regarding the
552	601		19 allegations with service agencies, immediate family members,
553	602		20 and individuals who may have knowledge of the eligible adult's
554	603		21 circumstances based on the consent of the eligible adult in
555	604		22 all instances, except where the provider agency is acting in
556	605		23 the best interest of an eligible adult who is unable to seek
557	606		24 assistance for himself or herself and where there are
558	607		25 allegations against a caregiver who has assumed
559	608		26 responsibilities in exchange for compensation. If, after the
560	609
561	610
562	611
563	612
564	613
565		-	HB2860 ~~Engrossed~~ - 16 - LRB103 26818 KTG 53182 b
	614	+	HB2860 - 16 - LRB103 26818 KTG 53182 b
566	615
567	616
568		-	HB2860 ~~Engrossed~~- 17 -LRB103 26818 KTG 53182 b HB2860 ~~Engrossed~~ - 17 - LRB103 26818 KTG 53182 b
569		-	HB2860 ~~Engrossed~~ - 17 - LRB103 26818 KTG 53182 b
	617	+	HB2860- 17 -LRB103 26818 KTG 53182 b HB2860 - 17 - LRB103 26818 KTG 53182 b
	618	+	HB2860 - 17 - LRB103 26818 KTG 53182 b
570	619		1 assessment, the provider agency determines that the case is
571	620		2 substantiated it shall develop a service care plan for the
572	621		3 eligible adult and may report its findings at any time during
573	622		4 the case to the appropriate law enforcement agency in accord
574	623		5 with established law and Department protocols, procedures, and
575	624		6 policies. In developing a case plan, the provider agency may
576	625		7 consult with any other appropriate provider of services, and
577	626		8 such providers shall be immune from civil or criminal
578	627		9 liability on account of such acts. The plan shall include
579	628		10 alternative suggested or recommended services which are
580	629		11 appropriate to the needs of the eligible adult and which
581	630		12 involve the least restriction of the eligible adult's
582	631		13 activities commensurate with his or her needs. Only those
583	632		14 services to which consent is provided in accordance with
584	633		15 Section 9 of this Act shall be provided, contingent upon the
585	634		16 availability of such services.
586	635		17 (b) A provider agency shall refer evidence of crimes
587	636		18 against an eligible adult to the appropriate law enforcement
588	637		19 agency according to Department policies. A referral to law
589	638		20 enforcement may be made at intake, at or any time during the
590	639		21 case, or after a report of a suspicious death, depending upon
591	640		22 the circumstances. Where a provider agency has reason to
592	641		23 believe the death of an eligible adult may be the result of
593	642		24 abuse, abandonment, or neglect, the agency shall immediately
594	643		25 report the matter to the coroner or medical examiner and shall
595	644		26 cooperate fully with any subsequent investigation.
596	645
597	646
598	647
599	648
600	649
601		-	HB2860 ~~Engrossed~~ - 17 - LRB103 26818 KTG 53182 b
	650	+	HB2860 - 17 - LRB103 26818 KTG 53182 b
602	651
603	652
604		-	HB2860 ~~Engrossed~~- 18 -LRB103 26818 KTG 53182 b HB2860 ~~Engrossed~~ - 18 - LRB103 26818 KTG 53182 b
605		-	HB2860 ~~Engrossed~~ - 18 - LRB103 26818 KTG 53182 b
	653	+	HB2860- 18 -LRB103 26818 KTG 53182 b HB2860 - 18 - LRB103 26818 KTG 53182 b
	654	+	HB2860 - 18 - LRB103 26818 KTG 53182 b
606	655		1 (c) If any person other than the alleged victim refuses to
607	656		2 allow the provider agency to begin an investigation,
608	657		3 interferes with the provider agency's ability to conduct an
609	658		4 investigation, or refuses to give access to an eligible adult,
610	659		5 the appropriate law enforcement agency must be consulted
611	660		6 regarding the investigation.
612	661		7 (Source: P.A. 101-496, eff. 1-1-20; 102-244, eff. 1-1-22.)
613	662		8 (320 ILCS 20/8) (from Ch. 23, par. 6608)
614	663		9 Sec. 8. Access to records. All records concerning reports
615	664		10 of abuse, abandonment, neglect, financial exploitation, or
616	665		11 self-neglect or reports of suspicious deaths due to abuse,
617	666		12 neglect, or financial exploitation and all records generated
618	667		13 as a result of such reports shall be confidential and shall not
619	668		14 be disclosed except as specifically authorized by this Act or
620	669		15 other applicable law. In accord with established law and
621	670		16 Department protocols, procedures, and policies, access to such
622	671		17 records, but not access to the identity of the person or
623	672		18 persons making a report of alleged abuse, abandonment,
624	673		19 neglect, financial exploitation, or self-neglect as contained
625	674		20 in such records, shall be provided, upon request, to the
626	675		21 following persons and for the following persons:
627	676		22 (1) Department staff, provider agency staff, other
628	677		23 aging network staff, and regional administrative agency
629	678		24 staff, including staff of the Chicago Department on Aging
630	679		25 while that agency is designated as a regional
631	680
632	681
633	682
634	683
635	684
636		-	HB2860 ~~Engrossed~~ - 18 - LRB103 26818 KTG 53182 b
	685	+	HB2860 - 18 - LRB103 26818 KTG 53182 b
637	686
638	687
639		-	HB2860 ~~Engrossed~~- 19 -LRB103 26818 KTG 53182 b HB2860 ~~Engrossed~~ - 19 - LRB103 26818 KTG 53182 b
640		-	HB2860 ~~Engrossed~~ - 19 - LRB103 26818 KTG 53182 b
	688	+	HB2860- 19 -LRB103 26818 KTG 53182 b HB2860 - 19 - LRB103 26818 KTG 53182 b
	689	+	HB2860 - 19 - LRB103 26818 KTG 53182 b
641	690		1 administrative agency, in the furtherance of their
642	691		2 responsibilities under this Act;
643	692		3 (1.5) A representative of the public guardian acting
644	693		4 in the course of investigating the appropriateness of
645	694		5 guardianship for the eligible adult or while pursuing a
646	695		6 petition for guardianship of the eligible adult pursuant
647	696		7 to the Probate Act of 1975;
648	697		8 (2) A law enforcement agency or State's Attorney's
649	698		9 office investigating known or suspected abuse,
650	699		10 abandonment, neglect, financial exploitation, or
651	700		11 self-neglect. Where a provider agency has reason to
652	701		12 believe that the death of an eligible adult may be the
653	702		13 result of abuse, abandonment, or neglect, including any
654	703		14 reports made after death, the agency shall immediately
655	704		15 provide the appropriate law enforcement agency with all
656	705		16 records pertaining to the eligible adult;
657	706		17 (2.5) A law enforcement agency, fire department
658	707		18 agency, or fire protection district having proper
659	708		19 jurisdiction pursuant to a written agreement between a
660	709		20 provider agency and the law enforcement agency, fire
661	710		21 department agency, or fire protection district under which
662	711		22 the provider agency may furnish to the law enforcement
663	712		23 agency, fire department agency, or fire protection
664	713		24 district a list of all eligible adults who may be at
665	714		25 imminent risk of abuse, abandonment, neglect, financial
666	715		26 exploitation, or self-neglect;
667	716
668	717
669	718
670	719
671	720
672		-	HB2860 ~~Engrossed~~ - 19 - LRB103 26818 KTG 53182 b
	721	+	HB2860 - 19 - LRB103 26818 KTG 53182 b
673	722
674	723
675		-	HB2860 ~~Engrossed~~- 20 -LRB103 26818 KTG 53182 b HB2860 ~~Engrossed~~ - 20 - LRB103 26818 KTG 53182 b
676		-	HB2860 ~~Engrossed~~ - 20 - LRB103 26818 KTG 53182 b
	724	+	HB2860- 20 -LRB103 26818 KTG 53182 b HB2860 - 20 - LRB103 26818 KTG 53182 b
	725	+	HB2860 - 20 - LRB103 26818 KTG 53182 b
677	726		1 (3) A physician who has before him or her or who is
678	727		2 involved in the treatment of an eligible adult whom he or
679	728		3 she reasonably suspects may be abused, abandoned,
680	729		4 neglected, financially exploited, or self-neglected or who
681	730		5 has been referred to the Adult Protective Services
682	731		6 Program;
683	732		7 (4) An eligible adult reported to be abused,
684	733		8 abandoned, neglected, financially exploited, or
685	734		9 self-neglected, or such adult's authorized guardian or
686	735		10 agent, unless such guardian or agent is the abuser or the
687	736		11 alleged abuser;
688	737		12 (4.5) An executor or administrator of the estate of an
689	738		13 eligible adult who is deceased;
690		-	14 (5) ~~A probate court with jurisdiction over the~~
691		-	15 ~~guardianship of an alleged victim for an in camera~~
692		-	16 ~~inspection In cases regarding abuse,~~ ~~abandonment, neglect,~~
693		-	17 ~~or financial exploitation,~~ ~~a court or a guardian ad litem,~~
694		-	18 ~~upon its or his or her finding that~~ access to ~~such records~~
695		-	19 ~~may be necessary for~~ the ~~determination of an issue before~~
696		-	20 the ~~court. However, such access shall be limited to an in~~
697		-	21 ~~camera inspection~~ of ~~the records,~~ ~~unless the court~~
698		-	22 ~~determines that disclosure of the information contained~~
699		-	23 ~~therein is necessary for the resolution of an issue then~~
700		-	24 ~~pending before it~~;
701		-	25 (~~5.5~~) A ~~In cases regarding self-neglect~~, ~~a guardian ad~~
702		-	26 ~~litem, unless~~ such ~~guardian ad litem~~ is the ~~abuser or~~
	739	+	14 (5) In cases regarding abuse, abandonment, neglect, or
	740	+	15 financial exploitation, a court or a guardian ad litem,
	741	+	16 upon its or his or her finding that access to such records
	742	+	17 may be necessary for the determination of an issue before
	743	+	18 the court. However, such access shall be limited to an in
	744	+	19 camera inspection of the records, unless the court
	745	+	20 determines that disclosure of the information contained
	746	+	21 therein is necessary for the resolution of an issue then
	747	+	22 pending before it;
	748	+	23 (5.5) In cases regarding self-neglect, a guardian ad
	749	+	24 litem;
	750	+	25 (6) A grand jury, upon its determination that access
	751	+	26 to such records is necessary in the conduct of its
703	752
704	753
705	754
706	755
707	756
708		-	HB2860 ~~Engrossed~~ - 20 - LRB103 26818 KTG 53182 b
	757	+	HB2860 - 20 - LRB103 26818 KTG 53182 b
709	758
710	759
711		-	HB2860 ~~Engrossed~~- 21 -LRB103 26818 KTG 53182 b HB2860 ~~Engrossed~~ - 21 - LRB103 26818 KTG 53182 b
712		-	HB2860 ~~Engrossed~~ - 21 - LRB103 26818 KTG 53182 b
713		-	1 ~~alleged abuser~~;
714		-	2 (6) ~~A grand jury~~, ~~upon its determination that access~~
715		-	3 ~~to such records is necessary in the conduct of its~~
716		-	4 ~~official business;~~
717		-	5 ~~(7) Any person authorized by~~ the ~~Director, in writing,~~
718		-	6 ~~for audit~~ or ~~bona fide research purposes;~~
719		-	7 ~~(8) A coroner or medical examiner who has reason to~~
720		-	8 ~~believe that an eligible adult has died as~~ the ~~result of~~
721		-	9 ~~abuse, abandonment,~~ ~~neglect, financial exploitation, or~~
722		-	10 ~~self-neglect~~. ~~The provider agency shall immediately~~
723		-	11 ~~provide the coroner or medical examiner with all records~~
724		-	12 ~~pertaining to~~ the ~~eligible adult;~~
725		-	13 ~~(8.5) A coroner or medical examiner having proper~~
726		-	14 ~~jurisdiction, pursuant to~~ a ~~written agreement between a~~
727		-	15 ~~provider agency and the coroner or medical examiner~~, ~~under~~
728		-	16 ~~which the provider agency may furnish to the office of the~~
729		-	17 ~~coroner or medical examiner a list of all eligible adults~~
730		-	18 ~~who may be at imminent risk~~ of ~~death as a result of abuse,~~
731		-	19 ~~abandonment, neglect,~~ ~~financial exploitation,~~ or
732		-	20 ~~self-neglect;~~
733		-	21 ~~(9) Department~~ of ~~Financial and Professional~~
734		-	22 ~~Regulation staff and members~~ of the ~~Illinois Medical~~
735		-	23 ~~Disciplinary Board~~ or ~~the Social Work Examining and~~
736		-	24 ~~Disciplinary Board in~~ the ~~course~~ of ~~investigating alleged~~
737		-	25 ~~violations of the Clinical Social Work and Social Work~~
738		-	26 ~~Practice Act by provider agency staff or other licensing~~
	760	+	HB2860- 21 -LRB103 26818 KTG 53182 b HB2860 - 21 - LRB103 26818 KTG 53182 b
	761	+	HB2860 - 21 - LRB103 26818 KTG 53182 b
	762	+	1 official business;
	763	+	2 (7) Any person authorized by the Director, in writing,
	764	+	3 for audit or bona fide research purposes;
	765	+	4 (8) A coroner or medical examiner who has reason to
	766	+	5 believe that an eligible adult has died as the result of
	767	+	6 abuse, abandonment, neglect, financial exploitation, or
	768	+	7 self-neglect. The provider agency shall immediately
	769	+	8 provide the coroner or medical examiner with all records
	770	+	9 pertaining to the eligible adult;
	771	+	10 (8.5) A coroner or medical examiner having proper
	772	+	11 jurisdiction, pursuant to a written agreement between a
	773	+	12 provider agency and the coroner or medical examiner, under
	774	+	13 which the provider agency may furnish to the office of the
	775	+	14 coroner or medical examiner a list of all eligible adults
	776	+	15 who may be at imminent risk of death as a result of abuse,
	777	+	16 abandonment, neglect, financial exploitation, or
	778	+	17 self-neglect;
	779	+	18 (9) Department of Financial and Professional
	780	+	19 Regulation staff and members of the Illinois Medical
	781	+	20 Disciplinary Board or the Social Work Examining and
	782	+	21 Disciplinary Board in the course of investigating alleged
	783	+	22 violations of the Clinical Social Work and Social Work
	784	+	23 Practice Act by provider agency staff or other licensing
	785	+	24 bodies at the discretion of the Director of the Department
	786	+	25 on Aging;
	787	+	26 (9-a) Department of Healthcare and Family Services
739	788
740	789
741	790
742	791
743	792
744		-	HB2860 ~~Engrossed~~ - 21 - LRB103 26818 KTG 53182 b
	793	+	HB2860 - 21 - LRB103 26818 KTG 53182 b
745	794
746	795
747		-	HB2860 ~~Engrossed~~- 22 -LRB103 26818 KTG 53182 b HB2860 ~~Engrossed~~ - 22 - LRB103 26818 KTG 53182 b
748		-	HB2860 ~~Engrossed~~ - 22 - LRB103 26818 KTG 53182 b
749		-	1 ~~bodies at the discretion of the Director of the~~ Department
750		-	2 ~~on Aging;~~
751		-	3 ~~(9-a) Department~~ of ~~Healthcare and Family Services~~
752		-	4 staff and provider ~~agency staff when that Department is~~
753		-	5 funding services to ~~the eligible adult, including access~~
754		-	6 ~~to the identity of~~ the eligible adult;
755		-	7 ~~(9-b) Department of Human~~ Services ~~staff and provider~~
756		-	8 ~~agency staff when that Department is funding services~~ to
757		-	9 the ~~eligible adult or is providing reimbursement for~~
758		-	10 ~~services provided by the abuser or alleged abuser,~~
759		-	11 ~~including access~~ to ~~the identity of the eligible adult;~~
760		-	12 ~~(10) Hearing officers in the course of conducting an~~
761		-	13 ~~administrative hearing under this Act;~~ ~~parties to such~~
762		-	14 ~~hearing~~ shall be ~~entitled to discovery as established by~~
763		-	15 ~~rule;~~
764		-	16 ~~(11) A caregiver who challenges placement on the~~
765		-	17 ~~Registry shall be given~~ the ~~statement of allegations in~~
766		-	18 ~~the abuse report~~ and the ~~substantiation decision in~~ the
767		-	19 ~~final investigative report;~~ and
768		-	20 ~~(12) The Illinois Guardianship and Advocacy Commission~~
769		-	21 ~~and~~ the ~~agency designated by the Governor under Section 1~~
770		-	22 of ~~the Protection and Advocacy for Persons with~~
771		-	23 ~~Developmental Disabilities Act shall have access~~, ~~through~~
772		-	24 ~~the Department~~, ~~to records,~~ ~~including the findings,~~
773		-	25 ~~pertaining to a completed or closed investigation of a~~
774		-	26 ~~report of suspected abuse,~~ ~~abandonment, neglect,~~ ~~financial~~
	796	+	HB2860- 22 -LRB103 26818 KTG 53182 b HB2860 - 22 - LRB103 26818 KTG 53182 b
	797	+	HB2860 - 22 - LRB103 26818 KTG 53182 b
	798	+	1 staff and provider agency staff when that Department is
	799	+	2 funding services to the eligible adult, including access
	800	+	3 to the identity of the eligible adult;
	801	+	4 (9-b) Department of Human Services staff and provider
	802	+	5 agency staff when that Department is funding services to
	803	+	6 the eligible adult or is providing reimbursement for
	804	+	7 services provided by the abuser or alleged abuser,
	805	+	8 including access to the identity of the eligible adult;
	806	+	9 (10) Hearing officers in the course of conducting an
	807	+	10 administrative hearing under this Act; parties to such
	808	+	11 hearing shall be entitled to discovery as established by
	809	+	12 rule;
	810	+	13 (11) A caregiver who challenges placement on the
	811	+	14 Registry shall be given the statement of allegations in
	812	+	15 the abuse report and the substantiation decision in the
	813	+	16 final investigative report; and
	814	+	17 (12) The Illinois Guardianship and Advocacy Commission
	815	+	18 and the agency designated by the Governor under Section 1
	816	+	19 of the Protection and Advocacy for Persons with
	817	+	20 Developmental Disabilities Act shall have access, through
	818	+	21 the Department, to records, including the findings,
	819	+	22 pertaining to a completed or closed investigation of a
	820	+	23 report of suspected abuse, abandonment, neglect, financial
	821	+	24 exploitation, or self-neglect of an eligible adult.
	822	+	25 (Source: P.A. 102-244, eff. 1-1-22.)
	823	+	26 Section 99. Effective date. This Act takes effect January
775	824
776	825
777	826
778	827
779	828
780		-	HB2860 ~~Engrossed~~ - 22 - LRB103 26818 KTG 53182 b
	829	+	HB2860 - 22 - LRB103 26818 KTG 53182 b
781	830
782	831
783		-	HB2860 Engrossed- 23 -LRB103 26818 KTG 53182 b HB2860 Engrossed - 23 - LRB103 26818 KTG 53182 b
784		-	HB2860 Engrossed - 23 - LRB103 26818 KTG 53182 b
785		-	1 exploitation, or self-neglect of an eligible adult.
786		-	2 (Source: P.A. 102-244, eff. 1-1-22.)
787		-	3 Section 99. Effective date. This Act takes effect January
788		-	4 1, 2024.
	832	+	HB2860- 23 -LRB103 26818 KTG 53182 b HB2860 - 23 - LRB103 26818 KTG 53182 b
	833	+	HB2860 - 23 - LRB103 26818 KTG 53182 b
	834	+	1 1, 2024.
789	835
790	836
791	837
792	838
793	839
794		-	HB2860 ~~Engrossed~~ - 23 - LRB103 26818 KTG 53182 b
	840	+	HB2860 - 23 - LRB103 26818 KTG 53182 b