Illinois 2023-2024 Regular Session

Illinois House Bill HB4338 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4338 Introduced , by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED: See Index Amends the Adult Protective Services Act. Expands the definition of abuse to include causing any emotional injury to an adult with disabilities aged 18 through 59 or a person aged 60 or older (eligible adults). Provides that, contingent upon adequate funding, the Department on Aging may provide funding for legal assistance for eligible adults. Provides that, for self-neglect cases, the Department shall establish mandatory standards for the provision of emergent casework and follow-up services to mitigate the risk of harm or death to an eligible adult. Provides that, upon receiving a report of self-neglect, a provider agency shall conduct an unannounced face-to-face visit at the residence of the eligible adult to administer an eligibility screening to quickly determine if the eligible adult is posing a substantial threat to himself or herself or to others. Sets forth the process and procedures for eligibility screenings. Provides that if an eligibility screening indicates self-neglect, the provider agency shall develop and implement within 5 business days a case plan for the eligible adult in consultation with any other appropriate provider of services. Requires the Department to establish, by rule, the time period within which an eligibility screening shall begin and within which a service plan shall be implemented. As to all investigations conducted under the Act, requires a provider agency to notify the eligible adult, the alleged abuser, and the reporter of abuse of the agency's final investigative findings. Makes changes to provisions concerning an eligible adult's capacity to consent to an eligibility screening. Changes the minimal number of times the Illinois Fatality Review Team Advisory Council must meet each calendar year. Makes other changes. Repeals a provision permitting the Department to use qualified volunteers to provide companion-type services to eligible adults. Amends the Open Meetings Act. Exempts from the requirements of the Act meetings conducted by the Illinois Fatality Review Team Advisory Council and regional interagency fatality review teams. LRB103 35332 KTG 65391 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4338 Introduced , by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED: See Index See Index Amends the Adult Protective Services Act. Expands the definition of abuse to include causing any emotional injury to an adult with disabilities aged 18 through 59 or a person aged 60 or older (eligible adults). Provides that, contingent upon adequate funding, the Department on Aging may provide funding for legal assistance for eligible adults. Provides that, for self-neglect cases, the Department shall establish mandatory standards for the provision of emergent casework and follow-up services to mitigate the risk of harm or death to an eligible adult. Provides that, upon receiving a report of self-neglect, a provider agency shall conduct an unannounced face-to-face visit at the residence of the eligible adult to administer an eligibility screening to quickly determine if the eligible adult is posing a substantial threat to himself or herself or to others. Sets forth the process and procedures for eligibility screenings. Provides that if an eligibility screening indicates self-neglect, the provider agency shall develop and implement within 5 business days a case plan for the eligible adult in consultation with any other appropriate provider of services. Requires the Department to establish, by rule, the time period within which an eligibility screening shall begin and within which a service plan shall be implemented. As to all investigations conducted under the Act, requires a provider agency to notify the eligible adult, the alleged abuser, and the reporter of abuse of the agency's final investigative findings. Makes changes to provisions concerning an eligible adult's capacity to consent to an eligibility screening. Changes the minimal number of times the Illinois Fatality Review Team Advisory Council must meet each calendar year. Makes other changes. Repeals a provision permitting the Department to use qualified volunteers to provide companion-type services to eligible adults. Amends the Open Meetings Act. Exempts from the requirements of the Act meetings conducted by the Illinois Fatality Review Team Advisory Council and regional interagency fatality review teams. LRB103 35332 KTG 65391 b LRB103 35332 KTG 65391 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4338 Introduced , by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED:
3	3	See Index See Index
4	4	See Index
5	5	Amends the Adult Protective Services Act. Expands the definition of abuse to include causing any emotional injury to an adult with disabilities aged 18 through 59 or a person aged 60 or older (eligible adults). Provides that, contingent upon adequate funding, the Department on Aging may provide funding for legal assistance for eligible adults. Provides that, for self-neglect cases, the Department shall establish mandatory standards for the provision of emergent casework and follow-up services to mitigate the risk of harm or death to an eligible adult. Provides that, upon receiving a report of self-neglect, a provider agency shall conduct an unannounced face-to-face visit at the residence of the eligible adult to administer an eligibility screening to quickly determine if the eligible adult is posing a substantial threat to himself or herself or to others. Sets forth the process and procedures for eligibility screenings. Provides that if an eligibility screening indicates self-neglect, the provider agency shall develop and implement within 5 business days a case plan for the eligible adult in consultation with any other appropriate provider of services. Requires the Department to establish, by rule, the time period within which an eligibility screening shall begin and within which a service plan shall be implemented. As to all investigations conducted under the Act, requires a provider agency to notify the eligible adult, the alleged abuser, and the reporter of abuse of the agency's final investigative findings. Makes changes to provisions concerning an eligible adult's capacity to consent to an eligibility screening. Changes the minimal number of times the Illinois Fatality Review Team Advisory Council must meet each calendar year. Makes other changes. Repeals a provision permitting the Department to use qualified volunteers to provide companion-type services to eligible adults. Amends the Open Meetings Act. Exempts from the requirements of the Act meetings conducted by the Illinois Fatality Review Team Advisory Council and regional interagency fatality review teams.
6	6	LRB103 35332 KTG 65391 b LRB103 35332 KTG 65391 b
7	7	LRB103 35332 KTG 65391 b
8	8	A BILL FOR
9	9	HB4338LRB103 35332 KTG 65391 b HB4338 LRB103 35332 KTG 65391 b
10	10	HB4338 LRB103 35332 KTG 65391 b
11	11	1 AN ACT concerning aging.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 1. The Opening Meetings Act is amended by changing
15	15	5 Section 2 as follows:
16	16	6 (5 ILCS 120/2) (from Ch. 102, par. 42)
17	17	7 Sec. 2. Open meetings.
18	18	8 (a) Openness required. All meetings of public bodies shall
19	19	9 be open to the public unless excepted in subsection (c) and
20	20	10 closed in accordance with Section 2a.
21	21	11 (b) Construction of exceptions. The exceptions contained
22	22	12 in subsection (c) are in derogation of the requirement that
23	23	13 public bodies meet in the open, and therefore, the exceptions
24	24	14 are to be strictly construed, extending only to subjects
25	25	15 clearly within their scope. The exceptions authorize but do
26	26	16 not require the holding of a closed meeting to discuss a
27	27	17 subject included within an enumerated exception.
28	28	18 (c) Exceptions. A public body may hold closed meetings to
29	29	19 consider the following subjects:
30	30	20 (1) The appointment, employment, compensation,
31	31	21 discipline, performance, or dismissal of specific
32	32	22 employees, specific individuals who serve as independent
33	33	23 contractors in a park, recreational, or educational
34	34
35	35
36	36
37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4338 Introduced , by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED:
38	38	See Index See Index
39	39	See Index
40	40	Amends the Adult Protective Services Act. Expands the definition of abuse to include causing any emotional injury to an adult with disabilities aged 18 through 59 or a person aged 60 or older (eligible adults). Provides that, contingent upon adequate funding, the Department on Aging may provide funding for legal assistance for eligible adults. Provides that, for self-neglect cases, the Department shall establish mandatory standards for the provision of emergent casework and follow-up services to mitigate the risk of harm or death to an eligible adult. Provides that, upon receiving a report of self-neglect, a provider agency shall conduct an unannounced face-to-face visit at the residence of the eligible adult to administer an eligibility screening to quickly determine if the eligible adult is posing a substantial threat to himself or herself or to others. Sets forth the process and procedures for eligibility screenings. Provides that if an eligibility screening indicates self-neglect, the provider agency shall develop and implement within 5 business days a case plan for the eligible adult in consultation with any other appropriate provider of services. Requires the Department to establish, by rule, the time period within which an eligibility screening shall begin and within which a service plan shall be implemented. As to all investigations conducted under the Act, requires a provider agency to notify the eligible adult, the alleged abuser, and the reporter of abuse of the agency's final investigative findings. Makes changes to provisions concerning an eligible adult's capacity to consent to an eligibility screening. Changes the minimal number of times the Illinois Fatality Review Team Advisory Council must meet each calendar year. Makes other changes. Repeals a provision permitting the Department to use qualified volunteers to provide companion-type services to eligible adults. Amends the Open Meetings Act. Exempts from the requirements of the Act meetings conducted by the Illinois Fatality Review Team Advisory Council and regional interagency fatality review teams.
41	41	LRB103 35332 KTG 65391 b LRB103 35332 KTG 65391 b
42	42	LRB103 35332 KTG 65391 b
43	43	A BILL FOR
44	44
45	45
46	46
47	47
48	48
49	49	See Index
50	50
51	51
52	52
53	53	LRB103 35332 KTG 65391 b
54	54
55	55
56	56
57	57
58	58
59	59
60	60
61	61
62	62
63	63	HB4338 LRB103 35332 KTG 65391 b
64	64
65	65
66	66	HB4338- 2 -LRB103 35332 KTG 65391 b HB4338 - 2 - LRB103 35332 KTG 65391 b
67	67	HB4338 - 2 - LRB103 35332 KTG 65391 b
68	68	1 setting, or specific volunteers of the public body or
69	69	2 legal counsel for the public body, including hearing
70	70	3 testimony on a complaint lodged against an employee, a
71	71	4 specific individual who serves as an independent
72	72	5 contractor in a park, recreational, or educational
73	73	6 setting, or a volunteer of the public body or against
74	74	7 legal counsel for the public body to determine its
75	75	8 validity. However, a meeting to consider an increase in
76	76	9 compensation to a specific employee of a public body that
77	77	10 is subject to the Local Government Wage Increase
78	78	11 Transparency Act may not be closed and shall be open to the
79	79	12 public and posted and held in accordance with this Act.
80	80	13 (2) Collective negotiating matters between the public
81	81	14 body and its employees or their representatives, or
82	82	15 deliberations concerning salary schedules for one or more
83	83	16 classes of employees.
84	84	17 (3) The selection of a person to fill a public office,
85	85	18 as defined in this Act, including a vacancy in a public
86	86	19 office, when the public body is given power to appoint
87	87	20 under law or ordinance, or the discipline, performance or
88	88	21 removal of the occupant of a public office, when the
89	89	22 public body is given power to remove the occupant under
90	90	23 law or ordinance.
91	91	24 (4) Evidence or testimony presented in open hearing,
92	92	25 or in closed hearing where specifically authorized by law,
93	93	26 to a quasi-adjudicative body, as defined in this Act,
94	94
95	95
96	96
97	97
98	98
99	99	HB4338 - 2 - LRB103 35332 KTG 65391 b
100	100
101	101
102	102	HB4338- 3 -LRB103 35332 KTG 65391 b HB4338 - 3 - LRB103 35332 KTG 65391 b
103	103	HB4338 - 3 - LRB103 35332 KTG 65391 b
104	104	1 provided that the body prepares and makes available for
105	105	2 public inspection a written decision setting forth its
106	106	3 determinative reasoning.
107	107	4 (4.5) Evidence or testimony presented to a school
108	108	5 board regarding denial of admission to school events or
109	109	6 property pursuant to Section 24-24 of the School Code,
110	110	7 provided that the school board prepares and makes
111	111	8 available for public inspection a written decision setting
112	112	9 forth its determinative reasoning.
113	113	10 (5) The purchase or lease of real property for the use
114	114	11 of the public body, including meetings held for the
115	115	12 purpose of discussing whether a particular parcel should
116	116	13 be acquired.
117	117	14 (6) The setting of a price for sale or lease of
118	118	15 property owned by the public body.
119	119	16 (7) The sale or purchase of securities, investments,
120	120	17 or investment contracts. This exception shall not apply to
121	121	18 the investment of assets or income of funds deposited into
122	122	19 the Illinois Prepaid Tuition Trust Fund.
123	123	20 (8) Security procedures, school building safety and
124	124	21 security, and the use of personnel and equipment to
125	125	22 respond to an actual, a threatened, or a reasonably
126	126	23 potential danger to the safety of employees, students,
127	127	24 staff, the public, or public property.
128	128	25 (9) Student disciplinary cases.
129	129	26 (10) The placement of individual students in special
130	130
131	131
132	132
133	133
134	134
135	135	HB4338 - 3 - LRB103 35332 KTG 65391 b
136	136
137	137
138	138	HB4338- 4 -LRB103 35332 KTG 65391 b HB4338 - 4 - LRB103 35332 KTG 65391 b
139	139	HB4338 - 4 - LRB103 35332 KTG 65391 b
140	140	1 education programs and other matters relating to
141	141	2 individual students.
142	142	3 (11) Litigation, when an action against, affecting or
143	143	4 on behalf of the particular public body has been filed and
144	144	5 is pending before a court or administrative tribunal, or
145	145	6 when the public body finds that an action is probable or
146	146	7 imminent, in which case the basis for the finding shall be
147	147	8 recorded and entered into the minutes of the closed
148	148	9 meeting.
149	149	10 (12) The establishment of reserves or settlement of
150	150	11 claims as provided in the Local Governmental and
151	151	12 Governmental Employees Tort Immunity Act, if otherwise the
152	152	13 disposition of a claim or potential claim might be
153	153	14 prejudiced, or the review or discussion of claims, loss or
154	154	15 risk management information, records, data, advice or
155	155	16 communications from or with respect to any insurer of the
156	156	17 public body or any intergovernmental risk management
157	157	18 association or self insurance pool of which the public
158	158	19 body is a member.
159	159	20 (13) Conciliation of complaints of discrimination in
160	160	21 the sale or rental of housing, when closed meetings are
161	161	22 authorized by the law or ordinance prescribing fair
162	162	23 housing practices and creating a commission or
163	163	24 administrative agency for their enforcement.
164	164	25 (14) Informant sources, the hiring or assignment of
165	165	26 undercover personnel or equipment, or ongoing, prior or
166	166
167	167
168	168
169	169
170	170
171	171	HB4338 - 4 - LRB103 35332 KTG 65391 b
172	172
173	173
174	174	HB4338- 5 -LRB103 35332 KTG 65391 b HB4338 - 5 - LRB103 35332 KTG 65391 b
175	175	HB4338 - 5 - LRB103 35332 KTG 65391 b
176	176	1 future criminal investigations, when discussed by a public
177	177	2 body with criminal investigatory responsibilities.
178	178	3 (15) Professional ethics or performance when
179	179	4 considered by an advisory body appointed to advise a
180	180	5 licensing or regulatory agency on matters germane to the
181	181	6 advisory body's field of competence.
182	182	7 (16) Self evaluation, practices and procedures or
183	183	8 professional ethics, when meeting with a representative of
184	184	9 a statewide association of which the public body is a
185	185	10 member.
186	186	11 (17) The recruitment, credentialing, discipline or
187	187	12 formal peer review of physicians or other health care
188	188	13 professionals, or for the discussion of matters protected
189	189	14 under the federal Patient Safety and Quality Improvement
190	190	15 Act of 2005, and the regulations promulgated thereunder,
191	191	16 including 42 C.F.R. Part 3 (73 FR 70732), or the federal
192	192	17 Health Insurance Portability and Accountability Act of
193	193	18 1996, and the regulations promulgated thereunder,
194	194	19 including 45 C.F.R. Parts 160, 162, and 164, by a
195	195	20 hospital, or other institution providing medical care,
196	196	21 that is operated by the public body.
197	197	22 (18) Deliberations for decisions of the Prisoner
198	198	23 Review Board.
199	199	24 (19) Review or discussion of applications received
200	200	25 under the Experimental Organ Transplantation Procedures
201	201	26 Act.
202	202
203	203
204	204
205	205
206	206
207	207	HB4338 - 5 - LRB103 35332 KTG 65391 b
208	208
209	209
210	210	HB4338- 6 -LRB103 35332 KTG 65391 b HB4338 - 6 - LRB103 35332 KTG 65391 b
211	211	HB4338 - 6 - LRB103 35332 KTG 65391 b
212	212	1 (20) The classification and discussion of matters
213	213	2 classified as confidential or continued confidential by
214	214	3 the State Government Suggestion Award Board.
215	215	4 (21) Discussion of minutes of meetings lawfully closed
216	216	5 under this Act, whether for purposes of approval by the
217	217	6 body of the minutes or semi-annual review of the minutes
218	218	7 as mandated by Section 2.06.
219	219	8 (22) Deliberations for decisions of the State
220	220	9 Emergency Medical Services Disciplinary Review Board.
221	221	10 (23) The operation by a municipality of a municipal
222	222	11 utility or the operation of a municipal power agency or
223	223	12 municipal natural gas agency when the discussion involves
224	224	13 (i) contracts relating to the purchase, sale, or delivery
225	225	14 of electricity or natural gas or (ii) the results or
226	226	15 conclusions of load forecast studies.
227	227	16 (24) Meetings of a residential health care facility
228	228	17 resident sexual assault and death review team or the
229	229	18 Executive Council under the Abuse Prevention Review Team
230	230	19 Act.
231	231	20 (25) Meetings of an independent team of experts under
232	232	21 Brian's Law.
233	233	22 (26) Meetings of a mortality review team appointed
234	234	23 under the Department of Juvenile Justice Mortality Review
235	235	24 Team Act.
236	236	25 (27) (Blank).
237	237	26 (28) Correspondence and records (i) that may not be
238	238
239	239
240	240
241	241
242	242
243	243	HB4338 - 6 - LRB103 35332 KTG 65391 b
244	244
245	245
246	246	HB4338- 7 -LRB103 35332 KTG 65391 b HB4338 - 7 - LRB103 35332 KTG 65391 b
247	247	HB4338 - 7 - LRB103 35332 KTG 65391 b
248	248	1 disclosed under Section 11-9 of the Illinois Public Aid
249	249	2 Code or (ii) that pertain to appeals under Section 11-8 of
250	250	3 the Illinois Public Aid Code.
251	251	4 (29) Meetings between internal or external auditors
252	252	5 and governmental audit committees, finance committees, and
253	253	6 their equivalents, when the discussion involves internal
254	254	7 control weaknesses, identification of potential fraud risk
255	255	8 areas, known or suspected frauds, and fraud interviews
256	256	9 conducted in accordance with generally accepted auditing
257	257	10 standards of the United States of America.
258	258	11 (30) Those meetings or portions of meetings of a
259	259	12 fatality review team or the Illinois Fatality Review Team
260	260	13 Advisory Council during which a review of the death of an
261	261	14 eligible adult in which abuse or neglect is suspected,
262	262	15 alleged, or substantiated is conducted pursuant to Section
263	263	16 15 of the Adult Protective Services Act.
264	264	17 (31) Meetings and deliberations for decisions of the
265	265	18 Concealed Carry Licensing Review Board under the Firearm
266	266	19 Concealed Carry Act.
267	267	20 (32) Meetings between the Regional Transportation
268	268	21 Authority Board and its Service Boards when the discussion
269	269	22 involves review by the Regional Transportation Authority
270	270	23 Board of employment contracts under Section 28d of the
271	271	24 Metropolitan Transit Authority Act and Sections 3A.18 and
272	272	25 3B.26 of the Regional Transportation Authority Act.
273	273	26 (33) Those meetings or portions of meetings of the
274	274
275	275
276	276
277	277
278	278
279	279	HB4338 - 7 - LRB103 35332 KTG 65391 b
280	280
281	281
282	282	HB4338- 8 -LRB103 35332 KTG 65391 b HB4338 - 8 - LRB103 35332 KTG 65391 b
283	283	HB4338 - 8 - LRB103 35332 KTG 65391 b
284	284	1 advisory committee and peer review subcommittee created
285	285	2 under Section 320 of the Illinois Controlled Substances
286	286	3 Act during which specific controlled substance prescriber,
287	287	4 dispenser, or patient information is discussed.
288	288	5 (34) Meetings of the Tax Increment Financing Reform
289	289	6 Task Force under Section 2505-800 of the Department of
290	290	7 Revenue Law of the Civil Administrative Code of Illinois.
291	291	8 (35) Meetings of the group established to discuss
292	292	9 Medicaid capitation rates under Section 5-30.8 of the
293	293	10 Illinois Public Aid Code.
294	294	11 (36) Those deliberations or portions of deliberations
295	295	12 for decisions of the Illinois Gaming Board in which there
296	296	13 is discussed any of the following: (i) personal,
297	297	14 commercial, financial, or other information obtained from
298	298	15 any source that is privileged, proprietary, confidential,
299	299	16 or a trade secret; or (ii) information specifically
300	300	17 exempted from the disclosure by federal or State law.
301	301	18 (37) Deliberations for decisions of the Illinois Law
302	302	19 Enforcement Training Standards Board, the Certification
303	303	20 Review Panel, and the Illinois State Police Merit Board
304	304	21 regarding certification and decertification.
305	305	22 (38) Meetings of the Ad Hoc Statewide Domestic
306	306	23 Violence Fatality Review Committee of the Illinois
307	307	24 Criminal Justice Information Authority Board that occur in
308	308	25 closed executive session under subsection (d) of Section
309	309	26 35 of the Domestic Violence Fatality Review Act.
310	310
311	311
312	312
313	313
314	314
315	315	HB4338 - 8 - LRB103 35332 KTG 65391 b
316	316
317	317
318	318	HB4338- 9 -LRB103 35332 KTG 65391 b HB4338 - 9 - LRB103 35332 KTG 65391 b
319	319	HB4338 - 9 - LRB103 35332 KTG 65391 b
320	320	1 (39) Meetings of the regional review teams under
321	321	2 subsection (a) of Section 75 of the Domestic Violence
322	322	3 Fatality Review Act.
323	323	4 (40) Meetings of the Firearm Owner's Identification
324	324	5 Card Review Board under Section 10 of the Firearm Owners
325	325	6 Identification Card Act.
326	326	7 (41) Meetings of the Illinois Fatality Review Team
327	327	8 Advisory Council and regional interagency fatality review
328	328	9 teams under Section 15 of the Adult Protective Services
329	329	10 Act.
330	330	11 (d) Definitions. For purposes of this Section:
331	331	12 "Employee" means a person employed by a public body whose
332	332	13 relationship with the public body constitutes an
333	333	14 employer-employee relationship under the usual common law
334	334	15 rules, and who is not an independent contractor.
335	335	16 "Public office" means a position created by or under the
336	336	17 Constitution or laws of this State, the occupant of which is
337	337	18 charged with the exercise of some portion of the sovereign
338	338	19 power of this State. The term "public office" shall include
339	339	20 members of the public body, but it shall not include
340	340	21 organizational positions filled by members thereof, whether
341	341	22 established by law or by a public body itself, that exist to
342	342	23 assist the body in the conduct of its business.
343	343	24 "Quasi-adjudicative body" means an administrative body
344	344	25 charged by law or ordinance with the responsibility to conduct
345	345	26 hearings, receive evidence or testimony and make
346	346
347	347
348	348
349	349
350	350
351	351	HB4338 - 9 - LRB103 35332 KTG 65391 b
352	352
353	353
354	354	HB4338- 10 -LRB103 35332 KTG 65391 b HB4338 - 10 - LRB103 35332 KTG 65391 b
355	355	HB4338 - 10 - LRB103 35332 KTG 65391 b
356	356	1 determinations based thereon, but does not include local
357	357	2 electoral boards when such bodies are considering petition
358	358	3 challenges.
359	359	4 (e) Final action. No final action may be taken at a closed
360	360	5 meeting. Final action shall be preceded by a public recital of
361	361	6 the nature of the matter being considered and other
362	362	7 information that will inform the public of the business being
363	363	8 conducted.
364	364	9 (Source: P.A. 102-237, eff. 1-1-22; 102-520, eff. 8-20-21;
365	365	10 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-311, eff.
366	366	11 7-28-23.)
367	367	12 Section 5. The Adult Protective Services Act is amended by
368	368	13 changing Sections 2, 3, 3.1, 3.5, 4, 5, 6, 7, 7.1, 9, and 15
369	369	14 and by adding Section 5.1 as follows:
370	370	15 (320 ILCS 20/2) (from Ch. 23, par. 6602)
371	371	16 Sec. 2. Definitions. As used in this Act, unless the
372	372	17 context requires otherwise:
373	373	18 (a) "Abandonment" means the desertion or willful forsaking
374	374	19 of an eligible adult by an individual responsible for the care
375	375	20 and custody of that eligible adult under circumstances in
376	376	21 which a reasonable person would continue to provide care and
377	377	22 custody. Nothing in this Act shall be construed to mean that an
378	378	23 eligible adult is a victim of abandonment because of health
379	379	24 care services provided or not provided by licensed health care
380	380
381	381
382	382
383	383
384	384
385	385	HB4338 - 10 - LRB103 35332 KTG 65391 b
386	386
387	387
388	388	HB4338- 11 -LRB103 35332 KTG 65391 b HB4338 - 11 - LRB103 35332 KTG 65391 b
389	389	HB4338 - 11 - LRB103 35332 KTG 65391 b
390	390	1 professionals.
391	391	2 (a-1) "Abuse" means causing any physical, mental,
392	392	3 emotional, or sexual injury to an eligible adult, including
393	393	4 exploitation of such adult's financial resources, and
394	394	5 abandonment.
395	395	6 Nothing in this Act shall be construed to mean that an
396	396	7 eligible adult is a victim of abuse, abandonment, neglect, or
397	397	8 self-neglect for the sole reason that he or she is being
398	398	9 furnished with or relies upon treatment by spiritual means
399	399	10 through prayer alone, in accordance with the tenets and
400	400	11 practices of a recognized church or religious denomination.
401	401	12 Nothing in this Act shall be construed to mean that an
402	402	13 eligible adult is a victim of abuse because of health care
403	403	14 services provided or not provided by licensed health care
404	404	15 professionals.
405	405	16 Nothing in this Act shall be construed to mean that an
406	406	17 eligible adult is a victim of abuse in cases of criminal
407	407	18 activity by strangers, telemarketing scams, consumer fraud,
408	408	19 internet fraud, home repair disputes, complaints against a
409	409	20 homeowners' association, or complaints between landlords and
410	410	21 tenants.
411	411	22 (a-5) "Abuser" means a person who is a family member,
412	412	23 caregiver, or another person who has a continuing relationship
413	413	24 with the eligible adult and abuses, abandons, neglects, or
414	414	25 financially exploits an eligible adult.
415	415	26 (a-6) "Adult with disabilities" means a person aged 18
416	416
417	417
418	418
419	419
420	420
421	421	HB4338 - 11 - LRB103 35332 KTG 65391 b
422	422
423	423
424	424	HB4338- 12 -LRB103 35332 KTG 65391 b HB4338 - 12 - LRB103 35332 KTG 65391 b
425	425	HB4338 - 12 - LRB103 35332 KTG 65391 b
426	426	1 through 59 who resides in a domestic living situation and
427	427	2 whose disability as defined in subsection (c-5) impairs his or
428	428	3 her ability to seek or obtain protection from abuse,
429	429	4 abandonment, neglect, or exploitation.
430	430	5 (a-7) "Caregiver" means a person who either as a result of
431	431	6 a family relationship, voluntarily, or in exchange for
432	432	7 compensation has assumed responsibility for all or a portion
433	433	8 of the care of an eligible adult who needs assistance with
434	434	9 activities of daily living or instrumental activities of daily
435	435	10 living.
436	436	11 (b) "Department" means the Department on Aging of the
437	437	12 State of Illinois.
438	438	13 (c) "Director" means the Director of the Department.
439	439	14 (c-5) "Disability" means a physical or mental disability,
440	440	15 including, but not limited to, a developmental disability, an
441	441	16 intellectual disability, a mental illness as defined under the
442	442	17 Mental Health and Developmental Disabilities Code, or dementia
443	443	18 as defined under the Alzheimer's Disease Assistance Act.
444	444	19 (d) "Domestic living situation" means a residence where
445	445	20 the eligible adult at the time of the report lives alone or
446	446	21 with his or her family or a caregiver, or others, or other
447	447	22 community-based unlicensed facility, but is not:
448	448	23 (1) A licensed facility as defined in Section 1-113 of
449	449	24 the Nursing Home Care Act;
450	450	25 (1.5) A facility licensed under the ID/DD Community
451	451	26 Care Act;
452	452
453	453
454	454
455	455
456	456
457	457	HB4338 - 12 - LRB103 35332 KTG 65391 b
458	458
459	459
460	460	HB4338- 13 -LRB103 35332 KTG 65391 b HB4338 - 13 - LRB103 35332 KTG 65391 b
461	461	HB4338 - 13 - LRB103 35332 KTG 65391 b
462	462	1 (1.6) A facility licensed under the MC/DD Act;
463	463	2 (1.7) A facility licensed under the Specialized Mental
464	464	3 Health Rehabilitation Act of 2013;
465	465	4 (2) A "life care facility" as defined in the Life Care
466	466	5 Facilities Act;
467	467	6 (3) A home, institution, or other place operated by
468	468	7 the federal government or agency thereof or by the State
469	469	8 of Illinois;
470	470	9 (4) A hospital, sanitarium, or other institution, the
471	471	10 principal activity or business of which is the diagnosis,
472	472	11 care, and treatment of human illness through the
473	473	12 maintenance and operation of organized facilities
474	474	13 therefor, which is required to be licensed under the
475	475	14 Hospital Licensing Act;
476	476	15 (5) A "community living facility" as defined in the
477	477	16 Community Living Facilities Licensing Act;
478	478	17 (6) (Blank);
479	479	18 (7) A "community-integrated living arrangement" as
480	480	19 defined in the Community-Integrated Living Arrangements
481	481	20 Licensure and Certification Act or a "community
482	482	21 residential alternative" as licensed under that Act;
483	483	22 (8) An assisted living or shared housing establishment
484	484	23 as defined in the Assisted Living and Shared Housing Act;
485	485	24 or
486	486	25 (9) A supportive living facility as described in
487	487	26 Section 5-5.01a of the Illinois Public Aid Code.
488	488
489	489
490	490
491	491
492	492
493	493	HB4338 - 13 - LRB103 35332 KTG 65391 b
494	494
495	495
496	496	HB4338- 14 -LRB103 35332 KTG 65391 b HB4338 - 14 - LRB103 35332 KTG 65391 b
497	497	HB4338 - 14 - LRB103 35332 KTG 65391 b
498	498	1 (e) "Eligible adult" means either an adult with
499	499	2 disabilities aged 18 through 59 or a person aged 60 or older
500	500	3 who resides in a domestic living situation and is, or is
501	501	4 alleged to be, abused, abandoned, neglected, or financially
502	502	5 exploited by another individual or who neglects himself or
503	503	6 herself. "Eligible adult" also includes an adult who resides
504	504	7 in any of the facilities that are excluded from the definition
505	505	8 of "domestic living situation" under paragraphs (1) through
506	506	9 (9) of subsection (d), if either: (i) the alleged abuse,
507	507	10 abandonment, or neglect occurs outside of the facility and not
508	508	11 under facility supervision and the alleged abuser is a family
509	509	12 member, caregiver, or another person who has a continuing
510	510	13 relationship with the adult; or (ii) the alleged financial
511	511	14 exploitation is perpetrated by a family member, caregiver, or
512	512	15 another person who has a continuing relationship with the
513	513	16 adult, but who is not an employee of the facility where the
514	514	17 adult resides.
515	515	18 (f) "Emergency" means a situation in which an eligible
516	516	19 adult is living in conditions presenting a risk of death or
517	517	20 physical, mental or sexual injury and the provider agency has
518	518	21 reason to believe the eligible adult is unable to consent to
519	519	22 services which would alleviate that risk.
520	520	23 (f-1) "Financial exploitation" means the use of an
521	521	24 eligible adult's resources by another to the disadvantage of
522	522	25 that adult or the profit or advantage of a person other than
523	523	26 that adult.
524	524
525	525
526	526
527	527
528	528
529	529	HB4338 - 14 - LRB103 35332 KTG 65391 b
530	530
531	531
532	532	HB4338- 15 -LRB103 35332 KTG 65391 b HB4338 - 15 - LRB103 35332 KTG 65391 b
533	533	HB4338 - 15 - LRB103 35332 KTG 65391 b
534	534	1 (f-3) "Investment advisor" means any person required to
535	535	2 register as an investment adviser or investment adviser
536	536	3 representative under Section 8 of the Illinois Securities Law
537	537	4 of 1953, which for purposes of this Act excludes any bank,
538	538	5 trust company, savings bank, or credit union, or their
539	539	6 respective employees.
540	540	7 (f-5) "Mandated reporter" means any of the following
541	541	8 persons while engaged in carrying out their professional
542	542	9 duties:
543	543	10 (1) a professional or professional's delegate while
544	544	11 engaged in: (i) social services, (ii) law enforcement,
545	545	12 (iii) education, (iv) the care of an eligible adult or
546	546	13 eligible adults, or (v) any of the occupations required to
547	547	14 be licensed under the Behavior Analyst Licensing Act, the
548	548	15 Clinical Psychologist Licensing Act, the Clinical Social
549	549	16 Work and Social Work Practice Act, the Illinois Dental
550	550	17 Practice Act, the Dietitian Nutritionist Practice Act, the
551	551	18 Marriage and Family Therapy Licensing Act, the Medical
552	552	19 Practice Act of 1987, the Naprapathic Practice Act, the
553	553	20 Nurse Practice Act, the Nursing Home Administrators
554	554	21 Licensing and Disciplinary Act, the Illinois Occupational
555	555	22 Therapy Practice Act, the Illinois Optometric Practice Act
556	556	23 of 1987, the Pharmacy Practice Act, the Illinois Physical
557	557	24 Therapy Act, the Physician Assistant Practice Act of 1987,
558	558	25 the Podiatric Medical Practice Act of 1987, the
559	559	26 Respiratory Care Practice Act, the Professional Counselor
560	560
561	561
562	562
563	563
564	564
565	565	HB4338 - 15 - LRB103 35332 KTG 65391 b
566	566
567	567
568	568	HB4338- 16 -LRB103 35332 KTG 65391 b HB4338 - 16 - LRB103 35332 KTG 65391 b
569	569	HB4338 - 16 - LRB103 35332 KTG 65391 b
570	570	1 and Clinical Professional Counselor Licensing and Practice
571	571	2 Act, the Illinois Speech-Language Pathology and Audiology
572	572	3 Practice Act, the Veterinary Medicine and Surgery Practice
573	573	4 Act of 2004, and the Illinois Public Accounting Act;
574	574	5 (1.5) an employee of an entity providing developmental
575	575	6 disabilities services or service coordination funded by
576	576	7 the Department of Human Services;
577	577	8 (2) an employee of a vocational rehabilitation
578	578	9 facility prescribed or supervised by the Department of
579	579	10 Human Services;
580	580	11 (3) an administrator, employee, or person providing
581	581	12 services in or through an unlicensed community based
582	582	13 facility;
583	583	14 (4) any religious practitioner who provides treatment
584	584	15 by prayer or spiritual means alone in accordance with the
585	585	16 tenets and practices of a recognized church or religious
586	586	17 denomination, except as to information received in any
587	587	18 confession or sacred communication enjoined by the
588	588	19 discipline of the religious denomination to be held
589	589	20 confidential;
590	590	21 (5) field personnel of the Department of Healthcare
591	591	22 and Family Services, Department of Public Health, and
592	592	23 Department of Human Services, and any county or municipal
593	593	24 health department;
594	594	25 (6) personnel of the Department of Human Services, the
595	595	26 Guardianship and Advocacy Commission, the State Fire
596	596
597	597
598	598
599	599
600	600
601	601	HB4338 - 16 - LRB103 35332 KTG 65391 b
602	602
603	603
604	604	HB4338- 17 -LRB103 35332 KTG 65391 b HB4338 - 17 - LRB103 35332 KTG 65391 b
605	605	HB4338 - 17 - LRB103 35332 KTG 65391 b
606	606	1 Marshal, local fire departments, the Department on Aging
607	607	2 and its subsidiary Area Agencies on Aging and provider
608	608	3 agencies, except the State Long Term Care Ombudsman and
609	609	4 any of his or her representatives or volunteers where
610	610	5 prohibited from making such a report pursuant to 45 CFR
611	611	6 1324.11(e)(3)(iv);
612	612	7 (7) any employee of the State of Illinois not
613	613	8 otherwise specified herein who is involved in providing
614	614	9 services to eligible adults, including professionals
615	615	10 providing medical or rehabilitation services and all other
616	616	11 persons having direct contact with eligible adults;
617	617	12 (8) a person who performs the duties of a coroner or
618	618	13 medical examiner;
619	619	14 (9) a person who performs the duties of a paramedic or
620	620	15 an emergency medical technician; or
621	621	16 (10) a person who performs the duties of an investment
622	622	17 advisor.
623	623	18 (g) "Neglect" means another individual's failure to
624	624	19 provide an eligible adult with or willful withholding from an
625	625	20 eligible adult the necessities of life including, but not
626	626	21 limited to, food, clothing, shelter or health care. This
627	627	22 subsection does not create any new affirmative duty to provide
628	628	23 support to eligible adults. Nothing in this Act shall be
629	629	24 construed to mean that an eligible adult is a victim of neglect
630	630	25 because of health care services provided or not provided by
631	631	26 licensed health care professionals.
632	632
633	633
634	634
635	635
636	636
637	637	HB4338 - 17 - LRB103 35332 KTG 65391 b
638	638
639	639
640	640	HB4338- 18 -LRB103 35332 KTG 65391 b HB4338 - 18 - LRB103 35332 KTG 65391 b
641	641	HB4338 - 18 - LRB103 35332 KTG 65391 b
642	642	1 (h) "Provider agency" means any public or nonprofit agency
643	643	2 in a planning and service area that is selected by the
644	644	3 Department or appointed by the regional administrative agency
645	645	4 with prior approval by the Department on Aging to receive and
646	646	5 assess reports of alleged or suspected abuse, abandonment,
647	647	6 neglect, or financial exploitation. A provider agency is also
648	648	7 referenced as a "designated agency" in this Act.
649	649	8 (i) "Regional administrative agency" means any public or
650	650	9 nonprofit agency in a planning and service area that provides
651	651	10 regional oversight and performs functions as set forth in
652	652	11 subsection (b) of Section 3 of this Act. The Department shall
653	653	12 designate an Area Agency on Aging as the regional
654	654	13 administrative agency or, in the event the Area Agency on
655	655	14 Aging in that planning and service area is deemed by the
656	656	15 Department to be unwilling or unable to provide those
657	657	16 functions, the Department may serve as the regional
658	658	17 administrative agency or designate another qualified entity to
659	659	18 serve as the regional administrative agency; any such
660	660	19 designation shall be subject to terms set forth by the
661	661	20 Department.
662	662	21 (i-5) "Self-neglect" means a condition that is the result
663	663	22 of an eligible adult's inability, due to physical or mental
664	664	23 impairments, or both, or a diminished capacity, to perform
665	665	24 essential self-care tasks that substantially threaten his or
666	666	25 her own health, including: providing essential food, clothing,
667	667	26 shelter, and health care; and obtaining goods and services
668	668
669	669
670	670
671	671
672	672
673	673	HB4338 - 18 - LRB103 35332 KTG 65391 b
674	674
675	675
676	676	HB4338- 19 -LRB103 35332 KTG 65391 b HB4338 - 19 - LRB103 35332 KTG 65391 b
677	677	HB4338 - 19 - LRB103 35332 KTG 65391 b
678	678	1 necessary to maintain physical health, mental health,
679	679	2 emotional well-being, and general safety. The term includes
680	680	3 compulsive hoarding, which is characterized by the acquisition
681	681	4 and retention of large quantities of items and materials that
682	682	5 produce an extensively cluttered living space, which
683	683	6 significantly impairs the performance of essential self-care
684	684	7 tasks or otherwise substantially threatens life or safety.
685	685	8 (j) "Substantiated case" means a reported case of alleged
686	686	9 or suspected abuse, abandonment, neglect, financial
687	687	10 exploitation, or self-neglect in which a provider agency,
688	688	11 after assessment, determines that there is reason to believe
689	689	12 abuse, abandonment, neglect, or financial exploitation has
690	690	13 occurred.
691	691	14 (k) "Verified" means a determination that there is "clear
692	692	15 and convincing evidence" that the specific injury or harm
693	693	16 alleged was the result of abuse, abandonment, neglect, or
694	694	17 financial exploitation.
695	695	18 (Source: P.A. 102-244, eff. 1-1-22; 102-953, eff. 5-27-22;
696	696	19 103-329, eff. 1-1-24.)
697	697	20 (320 ILCS 20/3) (from Ch. 23, par. 6603)
698	698	21 Sec. 3. Responsibilities.
699	699	22 (a) The Department shall establish, design, and manage a
700	700	23 protective services program for eligible adults who have been,
701	701	24 or are alleged to be, victims of abuse, abandonment, neglect,
702	702	25 financial exploitation, or self-neglect. The Department may
703	703
704	704
705	705
706	706
707	707
708	708	HB4338 - 19 - LRB103 35332 KTG 65391 b
709	709
710	710
711	711	HB4338- 20 -LRB103 35332 KTG 65391 b HB4338 - 20 - LRB103 35332 KTG 65391 b
712	712	HB4338 - 20 - LRB103 35332 KTG 65391 b
713	713	1 develop policies and procedures to effectively administer all
714	714	2 aspects of the program defined in this Act. The Department
715	715	3 shall contract with or fund, or contract with and fund,
716	716	4 regional administrative agencies, provider agencies, or both,
717	717	5 for the provision of those functions, and, contingent on
718	718	6 adequate funding, with attorneys or legal services provider
719	719	7 agencies for the provision of legal assistance pursuant to
720	720	8 this Act. Contingent upon adequate funding, the Department, at
721	721	9 its discretion, may provide funding for legal assistance for
722	722	10 eligible adults. For self-neglect, the program shall include
723	723	11 the following services for eligible adults who have been
724	724	12 removed from their residences for the purpose of cleanup or
725	725	13 repairs: temporary housing; counseling; and caseworker
726	726	14 services to try to ensure that the conditions necessitating
727	727	15 the removal do not reoccur.
728	728	16 (a-1) The Department shall by rule develop standards for
729	729	17 minimum staffing levels and staff qualifications. The
730	730	18 Department shall by rule establish mandatory standards for the
731	731	19 investigation of abuse, abandonment, neglect, and financial
732	732	20 exploitation, or self-neglect of eligible adults and mandatory
733	733	21 procedures for linking eligible adults to appropriate services
734	734	22 and supports. For self-neglect, the Department shall establish
735	735	23 mandatory standards for the provision of emergent casework and
736	736	24 follow-up services to mitigate the risk of harm or death to the
737	737	25 eligible adult.
738	738	26 (a-5) A provider agency shall, in accordance with rules
739	739
740	740
741	741
742	742
743	743
744	744	HB4338 - 20 - LRB103 35332 KTG 65391 b
745	745
746	746
747	747	HB4338- 21 -LRB103 35332 KTG 65391 b HB4338 - 21 - LRB103 35332 KTG 65391 b
748	748	HB4338 - 21 - LRB103 35332 KTG 65391 b
749	749	1 promulgated by the Department, establish a multi-disciplinary
750	750	2 team to act in an advisory role for the purpose of providing
751	751	3 professional knowledge and expertise in the handling of
752	752	4 complex abuse cases involving eligible adults. Each
753	753	5 multi-disciplinary team shall consist of one volunteer
754	754	6 representative from the following professions: banking or
755	755	7 finance; disability care; health care; law; law enforcement;
756	756	8 mental health care; and clergy. A provider agency may also
757	757	9 choose to add representatives from the fields of substance
758	758	10 abuse, domestic violence, sexual assault, or other related
759	759	11 fields. To support multi-disciplinary teams in this role, law
760	760	12 enforcement agencies and coroners or medical examiners shall
761	761	13 supply records as may be requested in particular cases. A
762	762	14 multi-disciplinary team shall meet on an as-needed basis
763	763	15 whenever a case received by the provider agency requires
764	764	16 consultation of the multi-disciplinary team.
765	765	17 (b) Each regional administrative agency shall designate
766	766	18 provider agencies within its planning and service area with
767	767	19 prior approval by the Department on Aging, monitor the use of
768	768	20 services, provide technical assistance to the provider
769	769	21 agencies and be involved in program development activities.
770	770	22 (c) Provider agencies shall assist, to the extent
771	771	23 possible, eligible adults who need agency services to allow
772	772	24 them to continue to function independently. Such assistance
773	773	25 shall include, but not be limited to, receiving reports of
774	774	26 alleged or suspected abuse, abandonment, neglect, financial
775	775
776	776
777	777
778	778
779	779
780	780	HB4338 - 21 - LRB103 35332 KTG 65391 b
781	781
782	782
783	783	HB4338- 22 -LRB103 35332 KTG 65391 b HB4338 - 22 - LRB103 35332 KTG 65391 b
784	784	HB4338 - 22 - LRB103 35332 KTG 65391 b
785	785	1 exploitation, or self-neglect, conducting face-to-face
786	786	2 assessments of such reported cases, determination of
787	787	3 substantiated cases, referral of substantiated cases for
788	788	4 necessary support services, referral of criminal conduct to
789	789	5 law enforcement in accordance with Department guidelines, and
790	790	6 provision of case work and follow-up services on substantiated
791	791	7 cases. In the case of a report of alleged or suspected abuse,
792	792	8 abandonment, or neglect that places an eligible adult at risk
793	793	9 of injury or death, a provider agency shall respond to the
794	794	10 report on an emergency basis in accordance with guidelines
795	795	11 established by the Department by administrative rule and shall
796	796	12 ensure that it is capable of responding to such a report 24
797	797	13 hours per day, 7 days per week. A provider agency may use an
798	798	14 on-call system to respond to reports of alleged or suspected
799	799	15 abuse, abandonment, or neglect after hours and on weekends.
800	800	16 (c-5) Where a provider agency has reason to believe that
801	801	17 the death of an eligible adult may be the result of abuse,
802	802	18 abandonment, or neglect, including any reports made after
803	803	19 death, the agency shall immediately report the matter to both
804	804	20 the appropriate law enforcement agency and the coroner or
805	805	21 medical examiner. Between 30 and 45 days after making such a
806	806	22 report, the provider agency again shall contact the law
807	807	23 enforcement agency and coroner or medical examiner to
808	808	24 determine whether any further action was taken. Upon request
809	809	25 by a provider agency, a law enforcement agency and coroner or
810	810	26 medical examiner shall supply a summary of its action in
811	811
812	812
813	813
814	814
815	815
816	816	HB4338 - 22 - LRB103 35332 KTG 65391 b
817	817
818	818
819	819	HB4338- 23 -LRB103 35332 KTG 65391 b HB4338 - 23 - LRB103 35332 KTG 65391 b
820	820	HB4338 - 23 - LRB103 35332 KTG 65391 b
821	821	1 response to a reported death of an eligible adult. A copy of
822	822	2 the report shall be maintained and all subsequent follow-up
823	823	3 with the law enforcement agency and coroner or medical
824	824	4 examiner shall be documented in the case record of the
825	825	5 eligible adult. If the law enforcement agency, coroner, or
826	826	6 medical examiner determines the reported death was caused by
827	827	7 abuse, abandonment, or neglect by a caregiver, the law
828	828	8 enforcement agency, coroner, or medical examiner shall inform
829	829	9 the Department, and the Department shall report the
830	830	10 caregiver's identity on the Registry as described in Section
831	831	11 7.5 of this Act.
832	832	12 (d) (Blank). Upon sufficient appropriations to implement a
833	833	13 statewide program, the Department shall implement a program,
834	834	14 based on the recommendations of the Self-Neglect Steering
835	835	15 Committee, for (i) responding to reports of possible
836	836	16 self-neglect, (ii) protecting the autonomy, rights, privacy,
837	837	17 and privileges of adults during investigations of possible
838	838	18 self-neglect and consequential judicial proceedings regarding
839	839	19 competency, (iii) collecting and sharing relevant information
840	840	20 and data among the Department, provider agencies, regional
841	841	21 administrative agencies, and relevant seniors, (iv) developing
842	842	22 working agreements between provider agencies and law
843	843	23 enforcement, where practicable, and (v) developing procedures
844	844	24 for collecting data regarding incidents of self-neglect.
845	845	25 (Source: P.A. 102-244, eff. 1-1-22.)
846	846
847	847
848	848
849	849
850	850
851	851	HB4338 - 23 - LRB103 35332 KTG 65391 b
852	852
853	853
854	854	HB4338- 24 -LRB103 35332 KTG 65391 b HB4338 - 24 - LRB103 35332 KTG 65391 b
855	855	HB4338 - 24 - LRB103 35332 KTG 65391 b
856	856	1 (320 ILCS 20/3.1)
857	857	2 Sec. 3.1. Adult protective services dementia training.
858	858	3 (a) This Section shall apply to any person who is employed
859	859	4 by the Department in the Adult Protective Services division,
860	860	5 or is contracted with the Department, and works on the
861	861	6 development or implementation of social services to respond to
862	862	7 and prevent adult abuse, neglect, or exploitation.
863	863	8 (b) The Department shall implement a dementia training
864	864	9 program that must include instruction on the identification of
865	865	10 people with dementia, risks such as wandering, communication
866	866	11 impairments, and elder abuse, and the best practices for
867	867	12 interacting with people with dementia.
868	868	13 (c) Training of at least 2 hours shall be completed at the
869	869	14 start of employment with the Adult Protective Services
870	870	15 division. Persons who are employees of the Adult Protective
871	871	16 Services division on the effective date of this amendatory Act
872	872	17 of the 102nd General Assembly shall complete this training
873	873	18 within 6 months after the effective date of this amendatory
874	874	19 Act of the 102nd General Assembly. The training shall cover
875	875	20 the following subjects:
876	876	21 (1) Alzheimer's disease and dementia.
877	877	22 (2) Safety risks.
878	878	23 (3) Communication and behavior.
879	879	24 (d) Annual continuing education shall include at least 2
880	880	25 hours of dementia training covering the subjects described in
881	881	26 subsection (c).
882	882
883	883
884	884
885	885
886	886
887	887	HB4338 - 24 - LRB103 35332 KTG 65391 b
888	888
889	889
890	890	HB4338- 25 -LRB103 35332 KTG 65391 b HB4338 - 25 - LRB103 35332 KTG 65391 b
891	891	HB4338 - 25 - LRB103 35332 KTG 65391 b
892	892	1 (e) This Section is designed to address gaps in current
893	893	2 dementia training requirements for Adult Protective Services
894	894	3 officials and improve the quality of training. If laws or
895	895	4 rules existing on the effective date of this amendatory Act of
896	896	5 the 102nd General Assembly contain more rigorous training
897	897	6 requirements for Adult Protective Service officials, those
898	898	7 laws or rules shall apply. Where there is overlap between this
899	899	8 Section and other laws and rules, the Department shall
900	900	9 interpret this Section to avoid duplication of requirements
901	901	10 while ensuring that the minimum requirements set in this
902	902	11 Section are met.
903	903	12 (f) The Department may adopt rules for the administration
904	904	13 of this Section.
905	905	14 (Source: P.A. 102-4, eff. 4-27-21.)
906	906	15 (320 ILCS 20/3.5)
907	907	16 Sec. 3.5. Other responsibilities. The Department shall
908	908	17 also be responsible for the following activities, contingent
909	909	18 upon adequate funding; implementation shall be expanded to
910	910	19 adults with disabilities upon the effective date of this
911	911	20 amendatory Act of the 98th General Assembly, except those
912	912	21 responsibilities under subsection (a), which shall be
913	913	22 undertaken as soon as practicable:
914	914	23 (a) promotion of a wide range of endeavors for the
915	915	24 purpose of preventing abuse, abandonment, neglect,
916	916	25 financial exploitation, and self-neglect, including, but
917	917
918	918
919	919
920	920
921	921
922	922	HB4338 - 25 - LRB103 35332 KTG 65391 b
923	923
924	924
925	925	HB4338- 26 -LRB103 35332 KTG 65391 b HB4338 - 26 - LRB103 35332 KTG 65391 b
926	926	HB4338 - 26 - LRB103 35332 KTG 65391 b
927	927	1 not limited to, promotion of public and professional
928	928	2 education to increase awareness of abuse, abandonment,
929	929	3 neglect, financial exploitation, and self-neglect; to
930	930	4 increase reports; to establish access to and use of the
931	931	5 Registry established under Section 7.5; and to improve
932	932	6 response by various legal, financial, social, and health
933	933	7 systems;
934	934	8 (b) coordination of efforts with other agencies,
935	935	9 councils, and like entities, to include but not be limited
936	936	10 to, the Administrative Office of the Illinois Courts, the
937	937	11 Office of the Attorney General, the Illinois State Police,
938	938	12 the Illinois Law Enforcement Training Standards Board, the
939	939	13 State Triad, the Illinois Criminal Justice Information
940	940	14 Authority, the Departments of Public Health, Healthcare
941	941	15 and Family Services, and Human Services, the Illinois
942	942	16 Guardianship and Advocacy Commission, the Family Violence
943	943	17 Coordinating Council, the Illinois Violence Prevention
944	944	18 Authority, and other entities which may impact awareness
945	945	19 of, and response to, abuse, abandonment, neglect,
946	946	20 financial exploitation, and self-neglect;
947	947	21 (c) collection and analysis of data;
948	948	22 (d) monitoring of the performance of regional
949	949	23 administrative agencies and adult protective services
950	950	24 agencies;
951	951	25 (e) promotion of prevention activities;
952	952	26 (f) establishing and coordinating an aggressive
953	953
954	954
955	955
956	956
957	957
958	958	HB4338 - 26 - LRB103 35332 KTG 65391 b
959	959
960	960
961	961	HB4338- 27 -LRB103 35332 KTG 65391 b HB4338 - 27 - LRB103 35332 KTG 65391 b
962	962	HB4338 - 27 - LRB103 35332 KTG 65391 b
963	963	1 training program on the unique nature of adult abuse cases
964	964	2 with other agencies, councils, and like entities, to
965	965	3 include but not be limited to the Office of the Attorney
966	966	4 General, the Illinois State Police, the Illinois Law
967	967	5 Enforcement Training Standards Board, the State Triad, the
968	968	6 Illinois Criminal Justice Information Authority, the State
969	969	7 Departments of Public Health, Healthcare and Family
970	970	8 Services, and Human Services, the Family Violence
971	971	9 Coordinating Council, the Illinois Violence Prevention
972	972	10 Authority, the agency designated by the Governor under
973	973	11 Section 1 of the Protection and Advocacy for Persons with
974	974	12 Developmental Disabilities Act, and other entities that
975	975	13 may impact awareness of and response to abuse,
976	976	14 abandonment, neglect, financial exploitation, and
977	977	15 self-neglect;
978	978	16 (g) solicitation of financial institutions for the
979	979	17 purpose of making information available to the general
980	980	18 public warning of financial exploitation of adults and
981	981	19 related financial fraud or abuse, including such
982	982	20 information and warnings available through signage or
983	983	21 other written materials provided by the Department on the
984	984	22 premises of such financial institutions, provided that the
985	985	23 manner of displaying or distributing such information is
986	986	24 subject to the sole discretion of each financial
987	987	25 institution; and
988	988	26 (g-1) developing by joint rulemaking with the
989	989
990	990
991	991
992	992
993	993
994	994	HB4338 - 27 - LRB103 35332 KTG 65391 b
995	995
996	996
997	997	HB4338- 28 -LRB103 35332 KTG 65391 b HB4338 - 28 - LRB103 35332 KTG 65391 b
998	998	HB4338 - 28 - LRB103 35332 KTG 65391 b
999	999	1 Department of Financial and Professional Regulation
1000	1000	2 minimum training standards which shall be used by
1001	1001	3 financial institutions for their current and new employees
1002	1002	4 with direct customer contact; the Department of Financial
1003	1003	5 and Professional Regulation shall retain sole visitation
1004	1004	6 and enforcement authority under this subsection (g-1); the
1005	1005	7 Department of Financial and Professional Regulation shall
1006	1006	8 provide bi-annual reports to the Department setting forth
1007	1007	9 aggregate statistics on the training programs required
1008	1008	10 under this subsection (g-1). ; and
1009	1009	11 (h) coordinating efforts with utility and electric
1010	1010	12 companies to send notices in utility bills to explain to
1011	1011	13 persons 60 years of age or older their rights regarding
1012	1012	14 telemarketing and home repair fraud.
1013	1013	15 (Source: P.A. 102-244, eff. 1-1-22; 102-538, eff. 8-20-21;
1014	1014	16 102-813, eff. 5-13-22.)
1015	1015	17 (320 ILCS 20/4) (from Ch. 23, par. 6604)
1016	1016	18 Sec. 4. Reports of abuse, abandonment, or neglect.
1017	1017	19 (a) Any person who suspects the abuse, abandonment,
1018	1018	20 neglect, financial exploitation, or self-neglect of an
1019	1019	21 eligible adult may report this suspicion or information about
1020	1020	22 the suspicious death of an eligible adult to an agency
1021	1021	23 designated to receive such reports under this Act or to the
1022	1022	24 Department.
1023	1023	25 (a-5) If any mandated reporter has reason to believe that
1024	1024
1025	1025
1026	1026
1027	1027
1028	1028
1029	1029	HB4338 - 28 - LRB103 35332 KTG 65391 b
1030	1030
1031	1031
1032	1032	HB4338- 29 -LRB103 35332 KTG 65391 b HB4338 - 29 - LRB103 35332 KTG 65391 b
1033	1033	HB4338 - 29 - LRB103 35332 KTG 65391 b
1034	1034	1 an eligible adult, who because of a disability or other
1035	1035	2 condition or impairment is unable to seek assistance for
1036	1036	3 himself or herself, has, within the previous 12 months, been
1037	1037	4 subjected to abuse, abandonment, neglect, or financial
1038	1038	5 exploitation, the mandated reporter shall, within 24 hours
1039	1039	6 after developing such belief, report this suspicion to an
1040	1040	7 agency designated to receive such reports under this Act or to
1041	1041	8 the Department. The agency designated to receive such reports
1042	1042	9 under this Act or the Department may establish a manner in
1043	1043	10 which a mandated reporter can make the required report through
1044	1044	11 an Internet reporting tool. Information sent and received
1045	1045	12 through the Internet reporting tool is subject to the same
1046	1046	13 rules in this Act as other types of confidential reporting
1047	1047	14 established by the designated agency or the Department.
1048	1048	15 Whenever a mandated reporter is required to report under this
1049	1049	16 Act in his or her capacity as a member of the staff of a
1050	1050	17 medical or other public or private institution, facility, or
1051	1051	18 agency, he or she shall make a report to an agency designated
1052	1052	19 to receive such reports under this Act or to the Department in
1053	1053	20 accordance with the provisions of this Act and may also notify
1054	1054	21 the person in charge of the institution, facility, or agency
1055	1055	22 or his or her designated agent that the report has been made.
1056	1056	23 Under no circumstances shall any person in charge of such
1057	1057	24 institution, facility, or agency, or his or her designated
1058	1058	25 agent to whom the notification has been made, exercise any
1059	1059	26 control, restraint, modification, or other change in the
1060	1060
1061	1061
1062	1062
1063	1063
1064	1064
1065	1065	HB4338 - 29 - LRB103 35332 KTG 65391 b
1066	1066
1067	1067
1068	1068	HB4338- 30 -LRB103 35332 KTG 65391 b HB4338 - 30 - LRB103 35332 KTG 65391 b
1069	1069	HB4338 - 30 - LRB103 35332 KTG 65391 b
1070	1070	1 report or the forwarding of the report to an agency designated
1071	1071	2 to receive such reports under this Act or to the Department.
1072	1072	3 The privileged quality of communication between any
1073	1073	4 professional person required to report and his or her patient
1074	1074	5 or client shall not apply to situations involving abused,
1075	1075	6 abandoned, neglected, or financially exploited eligible adults
1076	1076	7 and shall not constitute grounds for failure to report as
1077	1077	8 required by this Act.
1078	1078	9 (a-6) If a mandated reporter has reason to believe that
1079	1079	10 the death of an eligible adult may be the result of abuse or
1080	1080	11 neglect, the matter shall be reported to an agency designated
1081	1081	12 to receive such reports under this Act or to the Department for
1082	1082	13 subsequent referral to the appropriate law enforcement agency
1083	1083	14 and the coroner or medical examiner in accordance with
1084	1084	15 subsection (c-5) of Section 3 of this Act.
1085	1085	16 (a-7) A person making a report under this Act in the belief
1086	1086	17 that it is in the alleged victim's best interest shall be
1087	1087	18 immune from criminal or civil liability or professional
1088	1088	19 disciplinary action on account of making the report,
1089	1089	20 notwithstanding any requirements concerning the
1090	1090	21 confidentiality of information with respect to such eligible
1091	1091	22 adult which might otherwise be applicable.
1092	1092	23 (a-9) Law enforcement officers shall continue to report
1093	1093	24 incidents of alleged abuse pursuant to the Illinois Domestic
1094	1094	25 Violence Act of 1986, notwithstanding any requirements under
1095	1095	26 this Act.
1096	1096
1097	1097
1098	1098
1099	1099
1100	1100
1101	1101	HB4338 - 30 - LRB103 35332 KTG 65391 b
1102	1102
1103	1103
1104	1104	HB4338- 31 -LRB103 35332 KTG 65391 b HB4338 - 31 - LRB103 35332 KTG 65391 b
1105	1105	HB4338 - 31 - LRB103 35332 KTG 65391 b
1106	1106	1 (b) Any person, institution or agency participating in the
1107	1107	2 making of a report, providing information or records related
1108	1108	3 to a report, assessment, or services, or participating in the
1109	1109	4 investigation of a report under this Act in good faith, or
1110	1110	5 taking photographs or x-rays as a result of an authorized
1111	1111	6 assessment, shall have immunity from any civil, criminal or
1112	1112	7 other liability in any civil, criminal or other proceeding
1113	1113	8 brought in consequence of making such report or assessment or
1114	1114	9 on account of submitting or otherwise disclosing such
1115	1115	10 photographs or x-rays to any agency designated to receive
1116	1116	11 reports of alleged or suspected abuse, abandonment, or
1117	1117	12 neglect. Any person, institution or agency authorized by the
1118	1118	13 Department to provide assessment, intervention, or
1119	1119	14 administrative services under this Act shall, in the good
1120	1120	15 faith performance of those services, have immunity from any
1121	1121	16 civil, criminal or other liability in any civil, criminal, or
1122	1122	17 other proceeding brought as a consequence of the performance
1123	1123	18 of those services. For the purposes of any civil, criminal, or
1124	1124	19 other proceeding, the good faith of any person required to
1125	1125	20 report, permitted to report, or participating in an
1126	1126	21 investigation of a report of alleged or suspected abuse,
1127	1127	22 abandonment, neglect, financial exploitation, or self-neglect
1128	1128	23 shall be presumed.
1129	1129	24 (c) The identity of a person making a report of alleged or
1130	1130	25 suspected abuse, abandonment, neglect, financial exploitation,
1131	1131	26 or self-neglect or a report concerning information about the
1132	1132
1133	1133
1134	1134
1135	1135
1136	1136
1137	1137	HB4338 - 31 - LRB103 35332 KTG 65391 b
1138	1138
1139	1139
1140	1140	HB4338- 32 -LRB103 35332 KTG 65391 b HB4338 - 32 - LRB103 35332 KTG 65391 b
1141	1141	HB4338 - 32 - LRB103 35332 KTG 65391 b
1142	1142	1 suspicious death of an eligible adult under this Act may be
1143	1143	2 disclosed by the Department or other agency provided for in
1144	1144	3 this Act only with such person's written consent or by court
1145	1145	4 order, but is otherwise confidential.
1146	1146	5 (d) The Department shall by rule establish a system for
1147	1147	6 filing and compiling reports made under this Act.
1148	1148	7 (e) Any physician who willfully fails to report as
1149	1149	8 required by this Act shall be referred to the Illinois State
1150	1150	9 Medical Disciplinary Board for action in accordance with
1151	1151	10 subdivision (A)(22) of Section 22 of the Medical Practice Act
1152	1152	11 of 1987. Any dentist or dental hygienist who willfully fails
1153	1153	12 to report as required by this Act shall be referred to the
1154	1154	13 Department of Financial and Professional Regulation for
1155	1155	14 possible disciplinary action in accordance with paragraph 19
1156	1156	15 of Section 23 of the Illinois Dental Practice Act. Any
1157	1157	16 optometrist who willfully fails to report as required by this
1158	1158	17 Act shall be referred to the Department of Financial and
1159	1159	18 Professional Regulation for action in accordance with
1160	1160	19 paragraph (15) of subsection (a) of Section 24 of the Illinois
1161	1161	20 Optometric Practice Act of 1987. Any other mandated reporter
1162	1162	21 required by this Act to report suspected abuse, abandonment,
1163	1163	22 neglect, or financial exploitation who willfully fails to
1164	1164	23 report the same is guilty of a Class A misdemeanor.
1165	1165	24 (Source: P.A. 102-244, eff. 1-1-22; 103-329, eff. 1-1-24.)
1166	1166	25 (320 ILCS 20/5) (from Ch. 23, par. 6605)
1167	1167
1168	1168
1169	1169
1170	1170
1171	1171
1172	1172	HB4338 - 32 - LRB103 35332 KTG 65391 b
1173	1173
1174	1174
1175	1175	HB4338- 33 -LRB103 35332 KTG 65391 b HB4338 - 33 - LRB103 35332 KTG 65391 b
1176	1176	HB4338 - 33 - LRB103 35332 KTG 65391 b
1177	1177	1 Sec. 5. Procedure.
1178	1178	2 (a) A provider agency designated to receive reports of
1179	1179	3 alleged or suspected abuse, abandonment, neglect, financial
1180	1180	4 exploitation, or self-neglect under this Act shall, upon
1181	1181	5 receiving such a report of alleged or suspected abuse,
1182	1182	6 abandonment, neglect, or financial exploitation, shall ,
1183	1183	7 conduct a face-to-face assessment with respect to such report,
1184	1184	8 in accord with established law and Department protocols,
1185	1185	9 procedures, and policies. A provider agency that receives a
1186	1186	10 report of self-neglect shall follow the procedures set forth
1187	1187	11 in Section 5.1. Face-to-face assessments, casework, and
1188	1188	12 follow-up of reports of self-neglect by the provider agencies
1189	1189	13 designated to receive reports of self-neglect shall be subject
1190	1190	14 to sufficient appropriation for statewide implementation of
1191	1191	15 assessments, casework, and follow-up of reports of
1192	1192	16 self-neglect. In the absence of sufficient appropriation for
1193	1193	17 statewide implementation of assessments, casework, and
1194	1194	18 follow-up of reports of self-neglect, the designated adult
1195	1195	19 protective services provider agency shall refer all reports of
1196	1196	20 self-neglect to the appropriate agency or agencies as
1197	1197	21 designated by the Department for any follow-up.
1198	1198	22 (b) The assessment shall include, but not be limited to, a
1199	1199	23 visit to the residence of the eligible adult who is the subject
1200	1200	24 of the report and shall include interviews or consultations
1201	1201	25 regarding the allegations with service agencies, immediate
1202	1202	26 family members, and individuals who may have knowledge of the
1203	1203
1204	1204
1205	1205
1206	1206
1207	1207
1208	1208	HB4338 - 33 - LRB103 35332 KTG 65391 b
1209	1209
1210	1210
1211	1211	HB4338- 34 -LRB103 35332 KTG 65391 b HB4338 - 34 - LRB103 35332 KTG 65391 b
1212	1212	HB4338 - 34 - LRB103 35332 KTG 65391 b
1213	1213	1 eligible adult's circumstances based on the consent of the
1214	1214	2 eligible adult in all instances, except where the provider
1215	1215	3 agency is acting in the best interest of an eligible adult who
1216	1216	4 is unable to seek assistance for himself or herself and where
1217	1217	5 there are allegations against a caregiver who has assumed
1218	1218	6 responsibilities in exchange for compensation. If, after the
1219	1219	7 assessment, the provider agency determines that the case is
1220	1220	8 substantiated it shall develop a service care plan for the
1221	1221	9 eligible adult and may report its findings at any time during
1222	1222	10 the case to the appropriate law enforcement agency in accord
1223	1223	11 with established law and Department protocols, procedures, and
1224	1224	12 policies. In developing a case plan, the provider agency may
1225	1225	13 consult with any other appropriate provider of services, and
1226	1226	14 such providers shall be immune from civil or criminal
1227	1227	15 liability on account of such acts. The plan shall include
1228	1228	16 alternative suggested or recommended services which are
1229	1229	17 appropriate to the needs of the eligible adult and which
1230	1230	18 involve the least restriction of the eligible adult's
1231	1231	19 activities commensurate with his or her needs. Only those
1232	1232	20 services to which consent is provided in accordance with
1233	1233	21 Section 9 of this Act shall be provided, contingent upon the
1234	1234	22 availability of such services.
1235	1235	23 (c) (b) A provider agency shall refer evidence of crimes
1236	1236	24 against an eligible adult to the appropriate law enforcement
1237	1237	25 agency according to Department policies. A referral to law
1238	1238	26 enforcement may be made at intake, at any time during the case,
1239	1239
1240	1240
1241	1241
1242	1242
1243	1243
1244	1244	HB4338 - 34 - LRB103 35332 KTG 65391 b
1245	1245
1246	1246
1247	1247	HB4338- 35 -LRB103 35332 KTG 65391 b HB4338 - 35 - LRB103 35332 KTG 65391 b
1248	1248	HB4338 - 35 - LRB103 35332 KTG 65391 b
1249	1249	1 or after a report of a suspicious death, depending upon the
1250	1250	2 circumstances. Where a provider agency has reason to believe
1251	1251	3 the death of an eligible adult may be the result of abuse,
1252	1252	4 abandonment, or neglect, the agency shall immediately report
1253	1253	5 the matter to the coroner or medical examiner and shall
1254	1254	6 cooperate fully with any subsequent investigation.
1255	1255	7 (d) (c) If any person other than the alleged victim refuses
1256	1256	8 to allow the provider agency to begin an investigation,
1257	1257	9 interferes with the provider agency's ability to conduct an
1258	1258	10 investigation, or refuses to give access to an eligible adult,
1259	1259	11 the appropriate law enforcement agency must be consulted
1260	1260	12 regarding the investigation.
1261	1261	13 (Source: P.A. 102-244, eff. 1-1-22; 103-329, eff. 1-1-24.)
1262	1262	14 (320 ILCS 20/5.1 new)
1263	1263	15 Sec. 5.1. Procedure for self-neglect.
1264	1264	16 (a) A provider agency, upon receiving a report of
1265	1265	17 self-neglect, shall conduct an unannounced face-to-face visit
1266	1266	18 at the residence of the eligible adult to administer an
1267	1267	19 eligibility screening within the prescribed timeframe. The
1268	1268	20 eligibility screening is intended to quickly determine if the
1269	1269	21 eligible adult is posing a substantial threat to himself or
1270	1270	22 herself or to others. A full assessment phase shall not be
1271	1271	23 completed for self-neglect cases and eligible adults
1272	1272	24 experiencing self-neglect shall immediately enter the casework
1273	1273	25 phase to begin service referrals to mitigate risk.
1274	1274
1275	1275
1276	1276
1277	1277
1278	1278
1279	1279	HB4338 - 35 - LRB103 35332 KTG 65391 b
1280	1280
1281	1281
1282	1282	HB4338- 36 -LRB103 35332 KTG 65391 b HB4338 - 36 - LRB103 35332 KTG 65391 b
1283	1283	HB4338 - 36 - LRB103 35332 KTG 65391 b
1284	1284	1 (b) The eligibility screening shall include, but is not
1285	1285	2 limited to:
1286	1286	3 (1) an interview with the eligible adult;
1287	1287	4 (2) interviews or consultations regarding the
1288	1288	5 allegations with immediate family members and other
1289	1289	6 individuals who may have knowledge of the eligible adult's
1290	1290	7 circumstances; and
1291	1291	8 (3) an inquiry of active service providers engaged
1292	1292	9 with the eligible adult who are providing services that
1293	1293	10 are mitigating the risk identified on the intake. These
1294	1294	11 service providers may be, but are not limited to:
1295	1295	12 (i) Managed care organizations.
1296	1296	13 (ii) Case coordination units.
1297	1297	14 (iii) The Department of Human Services' Division
1298	1298	15 of Rehabilitation Services.
1299	1299	16 (iv) The Department of Human Services' Division of
1300	1300	17 Developmental Disabiliti
1301	1301	es.
1302	1302	18 (v) The Department of Human Services' Division of
1303	1303	19 Mental Health.
1304	1304	20 (c) During the visit, a provider agency shall obtain the
1305	1305	21 consent of the eligible adult before initiating the
1306	1306	22 eligibility screening. If the eligible adult cannot consent,
1307	1307	23 and where the provider agency is acting in the best interest of
1308	1308	24 an eligible adult who is unable to seek assistance for
1309	1309	25 themselves, the provider agency shall conduct the eligibility
1310	1310	26 screening as described in subsection (b).
1311	1311
1312	1312
1313	1313
1314	1314
1315	1315
1316	1316	HB4338 - 36 - LRB103 35332 KTG 65391 b
1317	1317
1318	1318
1319	1319	HB4338- 37 -LRB103 35332 KTG 65391 b HB4338 - 37 - LRB103 35332 KTG 65391 b
1320	1320	HB4338 - 37 - LRB103 35332 KTG 65391 b
1321	1321	1 (d) When the eligibility screening indicates that the
1322	1322	2 vulnerable adult is experiencing self-neglect, the provider
1323	1323	3 agency shall, within 5 business days and with client consent,
1324	1324	4 develop and implement a case plan.
1325	1325	5 (e) In developing a case plan, the provider agency shall
1326	1326	6 consult with any other appropriate provider of services to
1327	1327	7 ensure that there are no duplications of services. Such
1328	1328	8 providers shall be immune from civil or criminal liability on
1329	1329	9 account of such acts.
1330	1330	10 (f) The service plan shall include alternative, suggested,
1331	1331	11 or recommended services which are appropriate to the needs of
1332	1332	12 the eligible adult and which involve the least restriction of
1333	1333	13 the eligible adult's activities commensurate with his or her
1334	1334	14 needs.
1335	1335	15 (g) Only those services to which consent is provided in
1336	1336	16 accordance with Section 9 shall be provided, contingent upon
1337	1337	17 the availability of such services.
1338	1338	18 (320 ILCS 20/6) (from Ch. 23, par. 6606)
1339	1339	19 Sec. 6. Time. The Department shall by rule establish the
1340	1340	20 period of time within which an assessment or eligibility
1341	1341	21 screening shall begin and within which a service care plan
1342	1342	22 shall be implemented. Such rules shall provide for an
1343	1343	23 expedited response to emergency situations.
1344	1344	24 (Source: P.A. 85-1184.)
1345	1345
1346	1346
1347	1347
1348	1348
1349	1349
1350	1350	HB4338 - 37 - LRB103 35332 KTG 65391 b
1351	1351
1352	1352
1353	1353	HB4338- 38 -LRB103 35332 KTG 65391 b HB4338 - 38 - LRB103 35332 KTG 65391 b
1354	1354	HB4338 - 38 - LRB103 35332 KTG 65391 b
1355	1355	1 (320 ILCS 20/7) (from Ch. 23, par. 6607)
1356	1356	2 Sec. 7. Review. All services provided to an eligible adult
1357	1357	3 shall be reviewed by the provider agency on at least a
1358	1358	4 quarterly basis for up to one year to determine whether the
1359	1359	5 service care plan should be continued or modified, except
1360	1360	6 that, upon review, the Department on Aging may grant a waiver
1361	1361	7 to extend the service care plan for up to one additional year.
1362	1362	8 The provider agency shall demonstrate responsiveness to the
1363	1363	9 eligible adult's needs in the provision of services.
1364	1364	10 (Source: P.A. 95-331, eff. 8-21-07.)
1365	1365	11 (320 ILCS 20/7.1)
1366	1366	12 Sec. 7.1. Final investigative report. A provider agency
1367	1367	13 shall prepare a final investigative report, upon the
1368	1368	14 completion or closure of an investigation, in all cases of
1369	1369	15 reported abuse, abandonment, neglect, financial exploitation,
1370	1370	16 or self-neglect of an eligible adult, whether or not there is a
1371	1371	17 substantiated finding. Notice of findings shall be provided to
1372	1372	18 the eligible adult, the alleged abuser, and the reporter by
1373	1373	19 the provider agency.
1374	1374	20 (Source: P.A. 102-244, eff. 1-1-22.)
1375	1375	21 (320 ILCS 20/9) (from Ch. 23, par. 6609)
1376	1376	22 Sec. 9. Authority to consent to services.
1377	1377	23 (a) If an eligible adult consents to an assessment of a
1378	1378	24 reported incident of suspected abuse, abandonment, neglect, or
1379	1379
1380	1380
1381	1381
1382	1382
1383	1383
1384	1384	HB4338 - 38 - LRB103 35332 KTG 65391 b
1385	1385
1386	1386
1387	1387	HB4338- 39 -LRB103 35332 KTG 65391 b HB4338 - 39 - LRB103 35332 KTG 65391 b
1388	1388	HB4338 - 39 - LRB103 35332 KTG 65391 b
1389	1389	1 financial exploitation, or to an eligibility screening for a
1390	1390	2 reported incident of self-neglect and, following the
1391	1391	3 assessment or eligibility screening of such report, consents
1392	1392	4 to services being provided according to the case plan, such
1393	1393	5 services shall be arranged to meet the adult's needs, based
1394	1394	6 upon the availability of resources to provide such services.
1395	1395	7 If an adult withdraws his or her consent for an assessment or
1396	1396	8 eligibility screening of the reported incident or withdraws
1397	1397	9 his or her consent for services and refuses to accept such
1398	1398	10 services, the services shall not be provided.
1399	1399	11 (b) If it reasonably appears to the Department or other
1400	1400	12 agency designated under this Act that a person is an eligible
1401	1401	13 adult and lacks the capacity to consent to an assessment of a
1402	1402	14 reported incident of suspected abuse, abandonment, neglect, or
1403	1403	15 financial exploitation, or to an eligibility screening for a
1404	1404	16 reported incident of self-neglect or to necessary services,
1405	1405	17 the Department or other agency shall take appropriate action
1406	1406	18 necessary to ameliorate risk to the eligible adult if there is
1407	1407	19 a threat of ongoing harm or another emergency exists. Once the
1408	1408	20 emergent risk has been mitigated, the The Department or the
1409	1409	21 provider other agency shall be authorized to seek the
1410	1410	22 appointment of a temporary guardian as provided in Article XIa
1411	1411	23 of the Probate Act of 1975 or a surrogate decision-maker for
1412	1412	24 the purpose of consenting to an assessment or eligibility
1413	1413	25 screening of the reported incident and such services, together
1414	1414	26 with an order for an evaluation of the eligible adult's
1415	1415
1416	1416
1417	1417
1418	1418
1419	1419
1420	1420	HB4338 - 39 - LRB103 35332 KTG 65391 b
1421	1421
1422	1422
1423	1423	HB4338- 40 -LRB103 35332 KTG 65391 b HB4338 - 40 - LRB103 35332 KTG 65391 b
1424	1424	HB4338 - 40 - LRB103 35332 KTG 65391 b
1425	1425	1 physical, psychological, and medical condition and decisional
1426	1426	2 capacity.
1427	1427	3 (c) A guardian of the person of an eligible adult may
1428	1428	4 consent to an assessment of the reported incident and to
1429	1429	5 services being provided according to the case plan. If an
1430	1430	6 eligible adult lacks capacity to consent, an agent having
1431	1431	7 authority under a power of attorney may consent to an
1432	1432	8 assessment of the reported incident and to services. If the
1433	1433	9 guardian or agent is the suspected abuser and he or she
1434	1434	10 withdraws consent for the assessment of the reported incident,
1435	1435	11 or refuses to allow services to be provided to the eligible
1436	1436	12 adult, the Department, an agency designated under this Act, or
1437	1437	13 the office of the Attorney General may request a court order
1438	1438	14 seeking appropriate remedies, and may in addition request
1439	1439	15 removal of the guardian and appointment of a successor
1440	1440	16 guardian or request removal of the agent and appointment of a
1441	1441	17 guardian.
1442	1442	18 (d) If an emergency exists and the Department or other
1443	1443	19 agency designated under this Act reasonably believes that a
1444	1444	20 person is an eligible adult and lacks the capacity to consent
1445	1445	21 to necessary services, the Department or other agency may
1446	1446	22 request an ex parte order from the circuit court of the county
1447	1447	23 in which the petitioner or respondent resides or in which the
1448	1448	24 alleged abuse, abandonment, neglect, financial exploitation,
1449	1449	25 or self-neglect occurred, authorizing an assessment of a
1450	1450	26 report of alleged or suspected abuse, abandonment, neglect,
1451	1451
1452	1452
1453	1453
1454	1454
1455	1455
1456	1456	HB4338 - 40 - LRB103 35332 KTG 65391 b
1457	1457
1458	1458
1459	1459	HB4338- 41 -LRB103 35332 KTG 65391 b HB4338 - 41 - LRB103 35332 KTG 65391 b
1460	1460	HB4338 - 41 - LRB103 35332 KTG 65391 b
1461	1461	1 financial exploitation, or self-neglect or the provision of
1462	1462	2 necessary services, or both, including relief available under
1463	1463	3 the Illinois Domestic Violence Act of 1986 in accord with
1464	1464	4 established law and Department protocols, procedures, and
1465	1465	5 policies. Petitions filed under this subsection shall be
1466	1466	6 treated as expedited proceedings. When an eligible adult is at
1467	1467	7 risk of serious injury or death and it reasonably appears that
1468	1468	8 the eligible adult lacks capacity to consent to necessary
1469	1469	9 services, the Department or other agency designated under this
1470	1470	10 Act may take action necessary to ameliorate the risk in
1471	1471	11 accordance with administrative rules promulgated by the
1472	1472	12 Department.
1473	1473	13 (d-5) For purposes of this Section, an eligible adult
1474	1474	14 "lacks the capacity to consent" if qualified staff of an
1475	1475	15 agency designated under this Act reasonably determine, in
1476	1476	16 accordance with administrative rules promulgated by the
1477	1477	17 Department, that he or she appears either (i) unable to
1478	1478	18 receive and evaluate information related to the assessment or
1479	1479	19 services or (ii) unable to communicate in any manner decisions
1480	1480	20 related to the assessment of the reported incident or
1481	1481	21 services.
1482	1482	22 (e) Within 15 days after the entry of the ex parte
1483	1483	23 emergency order, the order shall expire, or, if the need for
1484	1484	24 assessment of the reported incident or services continues, the
1485	1485	25 provider agency shall petition for the appointment of a
1486	1486	26 guardian as provided in Article XIa of the Probate Act of 1975
1487	1487
1488	1488
1489	1489
1490	1490
1491	1491
1492	1492	HB4338 - 41 - LRB103 35332 KTG 65391 b
1493	1493
1494	1494
1495	1495	HB4338- 42 -LRB103 35332 KTG 65391 b HB4338 - 42 - LRB103 35332 KTG 65391 b
1496	1496	HB4338 - 42 - LRB103 35332 KTG 65391 b
1497	1497	1 for the purpose of consenting to such assessment or services
1498	1498	2 or to protect the eligible adult from further harm.
1499	1499	3 (f) If the court enters an ex parte order under subsection
1500	1500	4 (d) for an assessment of a reported incident of alleged or
1501	1501	5 suspected abuse, abandonment, neglect, financial exploitation,
1502	1502	6 or self-neglect, or for the provision of necessary services in
1503	1503	7 connection with alleged or suspected self-neglect, or for
1504	1504	8 both, the court, as soon as is practicable thereafter, shall
1505	1505	9 appoint a guardian ad litem for the eligible adult who is the
1506	1506	10 subject of the order, for the purpose of reviewing the
1507	1507	11 reasonableness of the order. The guardian ad litem shall
1508	1508	12 review the order and, if the guardian ad litem reasonably
1509	1509	13 believes that the order is unreasonable, the guardian ad litem
1510	1510	14 shall file a petition with the court stating the guardian ad
1511	1511	15 litem's belief and requesting that the order be vacated.
1512	1512	16 (g) In all cases in which there is a substantiated finding
1513	1513	17 of abuse, abandonment, neglect, or financial exploitation by a
1514	1514	18 guardian, the Department shall, within 30 days after the
1515	1515	19 finding, notify the Probate Court with jurisdiction over the
1516	1516	20 guardianship.
1517	1517	21 (Source: P.A. 102-244, eff. 1-1-22.)
1518	1518	22 (320 ILCS 20/15)
1519	1519	23 Sec. 15. Fatality review teams.
1520	1520	24 (a) State policy.
1521	1521	25 (1) Both the State and the community maintain a
1522	1522
1523	1523
1524	1524
1525	1525
1526	1526
1527	1527	HB4338 - 42 - LRB103 35332 KTG 65391 b
1528	1528
1529	1529
1530	1530	HB4338- 43 -LRB103 35332 KTG 65391 b HB4338 - 43 - LRB103 35332 KTG 65391 b
1531	1531	HB4338 - 43 - LRB103 35332 KTG 65391 b
1532	1532	1 commitment to preventing the abuse, abandonment, neglect,
1533	1533	2 and financial exploitation of at-risk adults. This
1534	1534	3 includes a charge to bring perpetrators of crimes against
1535	1535	4 at-risk adults to justice and prevent untimely deaths in
1536	1536	5 the community.
1537	1537	6 (2) When an at-risk adult dies, the response to the
1538	1538	7 death by the community, law enforcement, and the State
1539	1539	8 must include an accurate and complete determination of the
1540	1540	9 cause of death, and the development and implementation of
1541	1541	10 measures to prevent future deaths from similar causes.
1542	1542	11 (3) Multidisciplinary and multi-agency reviews of
1543	1543	12 deaths can assist the State and counties in developing a
1544	1544	13 greater understanding of the incidence and causes of
1545	1545	14 premature deaths and the methods for preventing those
1546	1546	15 deaths, improving methods for investigating deaths, and
1547	1547	16 identifying gaps in services to at-risk adults.
1548	1548	17 (4) Access to information regarding the deceased
1549	1549	18 person and his or her family by multidisciplinary and
1550	1550	19 multi-agency fatality review teams is necessary in order
1551	1551	20 to fulfill their purposes and duties.
1552	1552	21 (a-5) Definitions. As used in this Section:
1553	1553	22 "Advisory Council" means the Illinois Fatality Review
1554	1554	23 Team Advisory Council.
1555	1555	24 "Review Team" means a regional interagency fatality
1556	1556	25 review team.
1557	1557	26 (b) The Director, in consultation with the Advisory
1558	1558
1559	1559
1560	1560
1561	1561
1562	1562
1563	1563	HB4338 - 43 - LRB103 35332 KTG 65391 b
1564	1564
1565	1565
1566	1566	HB4338- 44 -LRB103 35332 KTG 65391 b HB4338 - 44 - LRB103 35332 KTG 65391 b
1567	1567	HB4338 - 44 - LRB103 35332 KTG 65391 b
1568	1568	1 Council, law enforcement, and other professionals who work in
1569	1569	2 the fields of investigating, treating, or preventing abuse,
1570	1570	3 abandonment, or neglect of at-risk adults, shall appoint
1571	1571	4 members to a minimum of one review team in each of the
1572	1572	5 Department's planning and service areas. If a review team in
1573	1573	6 an established planning and service area may be better served
1574	1574	7 combining with adjacent planning and service areas for greater
1575	1575	8 access to cases or expansion of expertise, then the Department
1576	1576	9 is authorized to combine review teams. Each member of a review
1577	1577	10 team shall be appointed for a 2-year term and shall be eligible
1578	1578	11 for reappointment upon the expiration of the term. A review
1579	1579	12 team's purpose in conducting review of at-risk adult deaths
1580	1580	13 is: (i) to assist local agencies in identifying and reviewing
1581	1581	14 suspicious deaths of adult victims of alleged, suspected, or
1582	1582	15 substantiated abuse, abandonment, or neglect in domestic
1583	1583	16 living situations; (ii) to facilitate communications between
1584	1584	17 officials responsible for autopsies and inquests and persons
1585	1585	18 involved in reporting or investigating alleged or suspected
1586	1586	19 cases of abuse, abandonment, neglect, or financial
1587	1587	20 exploitation of at-risk adults and persons involved in
1588	1588	21 providing services to at-risk adults; (iii) to evaluate means
1589	1589	22 by which the death might have been prevented; and (iv) to
1590	1590	23 report its findings to the appropriate agencies and the
1591	1591	24 Advisory Council and make recommendations that may help to
1592	1592	25 reduce the number of at-risk adult deaths caused by abuse,
1593	1593	26 abandonment, and neglect and that may help to improve the
1594	1594
1595	1595
1596	1596
1597	1597
1598	1598
1599	1599	HB4338 - 44 - LRB103 35332 KTG 65391 b
1600	1600
1601	1601
1602	1602	HB4338- 45 -LRB103 35332 KTG 65391 b HB4338 - 45 - LRB103 35332 KTG 65391 b
1603	1603	HB4338 - 45 - LRB103 35332 KTG 65391 b
1604	1604	1 investigations of deaths of at-risk adults and increase
1605	1605	2 prosecutions, if appropriate.
1606	1606	3 (b-5) Each such team shall be composed of representatives
1607	1607	4 of entities and individuals including, but not limited to:
1608	1608	5 (1) the Department on Aging or a designated regional
1609	1609	6 administrative agency as appointed by the Department;
1610	1610	7 (2) coroners or medical examiners (or both);
1611	1611	8 (3) State's Attorneys;
1612	1612	9 (4) local police departments;
1613	1613	10 (5) forensic units;
1614	1614	11 (6) local health departments;
1615	1615	12 (7) a social service or health care agency that
1616	1616	13 provides services to persons with mental illness, in a
1617	1617	14 program whose accreditation to provide such services is
1618	1618	15 recognized by the Division of Mental Health within the
1619	1619	16 Department of Human Services;
1620	1620	17 (8) a social service or health care agency that
1621	1621	18 provides services to persons with developmental
1622	1622	19 disabilities, in a program whose accreditation to provide
1623	1623	20 such services is recognized by the Division of
1624	1624	21 Developmental Disabilities within the Department of Human
1625	1625	22 Services;
1626	1626	23 (9) a local hospital, trauma center, or provider of
1627	1627	24 emergency medicine;
1628	1628	25 (10) providers of services for eligible adults in
1629	1629	26 domestic living situations; and
1630	1630
1631	1631
1632	1632
1633	1633
1634	1634
1635	1635	HB4338 - 45 - LRB103 35332 KTG 65391 b
1636	1636
1637	1637
1638	1638	HB4338- 46 -LRB103 35332 KTG 65391 b HB4338 - 46 - LRB103 35332 KTG 65391 b
1639	1639	HB4338 - 46 - LRB103 35332 KTG 65391 b
1640	1640	1 (11) a physician, psychiatrist, or other health care
1641	1641	2 provider knowledgeable about abuse, abandonment, and
1642	1642	3 neglect of at-risk adults.
1643	1643	4 (c) A review team shall review cases of deaths of at-risk
1644	1644	5 adults occurring in its planning and service area (i)
1645	1645	6 involving blunt force trauma or an undetermined manner or
1646	1646	7 suspicious cause of death; (ii) if requested by the deceased's
1647	1647	8 attending physician or an emergency room physician; (iii) upon
1648	1648	9 referral by a health care provider; (iv) upon referral by a
1649	1649	10 coroner or medical examiner; (v) constituting an open or
1650	1650	11 closed case from an adult protective services agency, law
1651	1651	12 enforcement agency, State's Attorney's office, or the
1652	1652	13 Department of Human Services' Office of the Inspector General
1653	1653	14 that involves alleged or suspected abuse, abandonment,
1654	1654	15 neglect, or financial exploitation; or (vi) upon referral by a
1655	1655	16 law enforcement agency or State's Attorney's office. If such a
1656	1656	17 death occurs in a planning and service area where a review team
1657	1657	18 has not yet been established, the Director shall request that
1658	1658	19 the Advisory Council or another review team review that death.
1659	1659	20 A team may also review deaths of at-risk adults if the alleged
1660	1660	21 abuse, abandonment, or neglect occurred while the person was
1661	1661	22 residing in a domestic living situation.
1662	1662	23 A review team shall meet not less than 2 4 times a year to
1663	1663	24 discuss cases for its possible review. Each review team, with
1664	1664	25 the advice and consent of the Department, shall establish
1665	1665	26 criteria to be used in discussing cases of alleged, suspected,
1666	1666
1667	1667
1668	1668
1669	1669
1670	1670
1671	1671	HB4338 - 46 - LRB103 35332 KTG 65391 b
1672	1672
1673	1673
1674	1674	HB4338- 47 -LRB103 35332 KTG 65391 b HB4338 - 47 - LRB103 35332 KTG 65391 b
1675	1675	HB4338 - 47 - LRB103 35332 KTG 65391 b
1676	1676	1 or substantiated abuse, abandonment, or neglect for review and
1677	1677	2 shall conduct its activities in accordance with any applicable
1678	1678	3 policies and procedures established by the Department.
1679	1679	4 (c-5) The Illinois Fatality Review Team Advisory Council,
1680	1680	5 consisting of one member from each review team in Illinois,
1681	1681	6 shall be the coordinating and oversight body for review teams
1682	1682	7 and activities in Illinois. The Director may appoint to the
1683	1683	8 Advisory Council any ex-officio members deemed necessary.
1684	1684	9 Persons with expertise needed by the Advisory Council may be
1685	1685	10 invited to meetings. The Advisory Council must select from its
1686	1686	11 members a chairperson and a vice-chairperson, each to serve a
1687	1687	12 2-year term. The chairperson or vice-chairperson may be
1688	1688	13 selected to serve additional, subsequent terms. The Advisory
1689	1689	14 Council must meet at least 2 4 times during each calendar year.
1690	1690	15 The Department may provide or arrange for the staff
1691	1691	16 support necessary for the Advisory Council to carry out its
1692	1692	17 duties. The Director, in cooperation and consultation with the
1693	1693	18 Advisory Council, shall appoint, reappoint, and remove review
1694	1694	19 team members.
1695	1695	20 The Advisory Council has, but is not limited to, the
1696	1696	21 following duties:
1697	1697	22 (1) To serve as the voice of review teams in Illinois.
1698	1698	23 (2) To oversee the review teams in order to ensure
1699	1699	24 that the review teams' work is coordinated and in
1700	1700	25 compliance with State statutes and the operating protocol.
1701	1701	26 (3) To ensure that the data, results, findings, and
1702	1702
1703	1703
1704	1704
1705	1705
1706	1706
1707	1707	HB4338 - 47 - LRB103 35332 KTG 65391 b
1708	1708
1709	1709
1710	1710	HB4338- 48 -LRB103 35332 KTG 65391 b HB4338 - 48 - LRB103 35332 KTG 65391 b
1711	1711	HB4338 - 48 - LRB103 35332 KTG 65391 b
1712	1712	1 recommendations of the review teams are adequately used in
1713	1713	2 a timely manner to make any necessary changes to the
1714	1714	3 policies, procedures, and State statutes in order to
1715	1715	4 protect at-risk adults.
1716	1716	5 (4) To collaborate with the Department in order to
1717	1717	6 develop any legislation needed to prevent unnecessary
1718	1718	7 deaths of at-risk adults.
1719	1719	8 (5) To ensure that the review teams' review processes
1720	1720	9 are standardized in order to convey data, findings, and
1721	1721	10 recommendations in a usable format.
1722	1722	11 (6) To serve as a link with review teams throughout
1723	1723	12 the country and to participate in national review team
1724	1724	13 activities.
1725	1725	14 (7) To provide the review teams with the most current
1726	1726	15 information and practices concerning at-risk adult death
1727	1727	16 review and related topics.
1728	1728	17 (8) To perform any other functions necessary to
1729	1729	18 enhance the capability of the review teams to reduce and
1730	1730	19 prevent at-risk adult fatalities.
1731	1731	20 The Advisory Council may prepare an annual report, in
1732	1732	21 consultation with the Department, using aggregate data
1733	1733	22 gathered by review teams and using the review teams'
1734	1734	23 recommendations to develop education, prevention, prosecution,
1735	1735	24 or other strategies designed to improve the coordination of
1736	1736	25 services for at-risk adults and their families.
1737	1737	26 In any instance where a review team does not operate in
1738	1738
1739	1739
1740	1740
1741	1741
1742	1742
1743	1743	HB4338 - 48 - LRB103 35332 KTG 65391 b
1744	1744
1745	1745
1746	1746	HB4338- 49 -LRB103 35332 KTG 65391 b HB4338 - 49 - LRB103 35332 KTG 65391 b
1747	1747	HB4338 - 49 - LRB103 35332 KTG 65391 b
1748	1748	1 accordance with established protocol, the Director, in
1749	1749	2 consultation and cooperation with the Advisory Council, must
1750	1750	3 take any necessary actions to bring the review team into
1751	1751	4 compliance with the protocol.
1752	1752	5 (d) Any document or oral or written communication shared
1753	1753	6 within or produced by the review team relating to a case
1754	1754	7 discussed or reviewed by the review team is confidential and
1755	1755	8 is not admissible as evidence in any civil or criminal
1756	1756	9 proceeding, except for use by a State's Attorney's office in
1757	1757	10 prosecuting a criminal case against a caregiver. Those records
1758	1758	11 and information are, however, subject to discovery or
1759	1759	12 subpoena, and are admissible as evidence, to the extent they
1760	1760	13 are otherwise available to the public.
1761	1761	14 Any document or oral or written communication provided to
1762	1762	15 a review team by an individual or entity, and created by that
1763	1763	16 individual or entity solely for the use of the review team, is
1764	1764	17 confidential, is not subject to disclosure to or discoverable
1765	1765	18 by another party, and is not admissible as evidence in any
1766	1766	19 civil or criminal proceeding, except for use by a State's
1767	1767	20 Attorney's office in prosecuting a criminal case against a
1768	1768	21 caregiver. Those records and information are, however, subject
1769	1769	22 to discovery or subpoena, and are admissible as evidence, to
1770	1770	23 the extent they are otherwise available to the public.
1771	1771	24 Each entity or individual represented on the fatality
1772	1772	25 review team may share with other members of the team
1773	1773	26 information in the entity's or individual's possession
1774	1774
1775	1775
1776	1776
1777	1777
1778	1778
1779	1779	HB4338 - 49 - LRB103 35332 KTG 65391 b
1780	1780
1781	1781
1782	1782	HB4338- 50 -LRB103 35332 KTG 65391 b HB4338 - 50 - LRB103 35332 KTG 65391 b
1783	1783	HB4338 - 50 - LRB103 35332 KTG 65391 b
1784	1784	1 concerning the decedent who is the subject of the review or
1785	1785	2 concerning any person who was in contact with the decedent, as
1786	1786	3 well as any other information deemed by the entity or
1787	1787	4 individual to be pertinent to the review. Any such information
1788	1788	5 shared by an entity or individual with other members of the
1789	1789	6 review team is confidential. The intent of this paragraph is
1790	1790	7 to permit the disclosure to members of the review team of any
1791	1791	8 information deemed confidential or privileged or prohibited
1792	1792	9 from disclosure by any other provision of law. Release of
1793	1793	10 confidential communication between domestic violence advocates
1794	1794	11 and a domestic violence victim shall follow subsection (d) of
1795	1795	12 Section 227 of the Illinois Domestic Violence Act of 1986
1796	1796	13 which allows for the waiver of privilege afforded to
1797	1797	14 guardians, executors, or administrators of the estate of the
1798	1798	15 domestic violence victim. This provision relating to the
1799	1799	16 release of confidential communication between domestic
1800	1800	17 violence advocates and a domestic violence victim shall
1801	1801	18 exclude adult protective service providers.
1802	1802	19 A coroner's or medical examiner's office may share with
1803	1803	20 the review team medical records that have been made available
1804	1804	21 to the coroner's or medical examiner's office in connection
1805	1805	22 with that office's investigation of a death.
1806	1806	23 Members of a review team and the Advisory Council are not
1807	1807	24 subject to examination, in any civil or criminal proceeding,
1808	1808	25 concerning information presented to members of the review team
1809	1809	26 or the Advisory Council or opinions formed by members of the
1810	1810
1811	1811
1812	1812
1813	1813
1814	1814
1815	1815	HB4338 - 50 - LRB103 35332 KTG 65391 b
1816	1816
1817	1817
1818	1818	HB4338- 51 -LRB103 35332 KTG 65391 b HB4338 - 51 - LRB103 35332 KTG 65391 b
1819	1819	HB4338 - 51 - LRB103 35332 KTG 65391 b
1820	1820	1 review team or the Advisory Council based on that information.
1821	1821	2 A person may, however, be examined concerning information
1822	1822	3 provided to a review team or the Advisory Council.
1823	1823	4 (d-5) Meeting of the review teams and the Advisory Council
1824	1824	5 are exempt from the Open Meetings Act. Meetings of the review
1825	1825	6 teams and the Advisory Council may be closed to the public
1826	1826	7 under the Open Meetings Act. Records and information provided
1827	1827	8 to a review team and the Advisory Council, and records
1828	1828	9 maintained by a team or the Advisory Council, are exempt from
1829	1829	10 release under the Freedom of Information Act.
1830	1830	11 (e) A review team's recommendation in relation to a case
1831	1831	12 discussed or reviewed by the review team, including, but not
1832	1832	13 limited to, a recommendation concerning an investigation or
1833	1833	14 prosecution, may be disclosed by the review team upon the
1834	1834	15 completion of its review and at the discretion of a majority of
1835	1835	16 its members who reviewed the case.
1836	1836	17 (e-5) The State shall indemnify and hold harmless members
1837	1837	18 of a review team and the Advisory Council for all their acts,
1838	1838	19 omissions, decisions, or other conduct arising out of the
1839	1839	20 scope of their service on the review team or Advisory Council,
1840	1840	21 except those involving willful or wanton misconduct. The
1841	1841	22 method of providing indemnification shall be as provided in
1842	1842	23 the State Employee Indemnification Act.
1843	1843	24 (f) The Department, in consultation with coroners, medical
1844	1844	25 examiners, and law enforcement agencies, shall use aggregate
1845	1845	26 data gathered by and recommendations from the Advisory Council
1846	1846
1847	1847
1848	1848
1849	1849
1850	1850
1851	1851	HB4338 - 51 - LRB103 35332 KTG 65391 b
1852	1852
1853	1853
1854	1854	HB4338- 52 -LRB103 35332 KTG 65391 b HB4338 - 52 - LRB103 35332 KTG 65391 b
1855	1855	HB4338 - 52 - LRB103 35332 KTG 65391 b
1856	1856	1 and the review teams to create an annual report and may use
1857	1857	2 those data and recommendations to develop education,
1858	1858	3 prevention, prosecution, or other strategies designed to
1859	1859	4 improve the coordination of services for at-risk adults and
1860	1860	5 their families. The Department or other State or county
1861	1861	6 agency, in consultation with coroners, medical examiners, and
1862	1862	7 law enforcement agencies, also may use aggregate data gathered
1863	1863	8 by the review teams to create a database of at-risk
1864	1864	9 individuals.
1865	1865	10 (g) The Department shall adopt such rules and regulations
1866	1866	11 as it deems necessary to implement this Section.
1867	1867	12 (Source: P.A. 102-244, eff. 1-1-22.)
1868	1868	13 (320 ILCS 20/14 rep.)
1869	1869	14 Section 10. The Adult Protective Services Act is amended
1870	1870	15 by repealing Section 14.
1871	1871	HB4338- 53 -LRB103 35332 KTG 65391 b 1 INDEX 2 Statutes amended in order of appearance HB4338- 53 -LRB103 35332 KTG 65391 b HB4338 - 53 - LRB103 35332 KTG 65391 b 1 INDEX 2 Statutes amended in order of appearance
1872	1872	HB4338- 53 -LRB103 35332 KTG 65391 b HB4338 - 53 - LRB103 35332 KTG 65391 b
1873	1873	HB4338 - 53 - LRB103 35332 KTG 65391 b
1874	1874	1 INDEX
1875	1875	2 Statutes amended in order of appearance
1876	1876
1877	1877
1878	1878
1879	1879
1880	1880
1881	1881	HB4338 - 52 - LRB103 35332 KTG 65391 b
1882	1882
1883	1883
1884	1884
1885	1885	HB4338- 53 -LRB103 35332 KTG 65391 b HB4338 - 53 - LRB103 35332 KTG 65391 b
1886	1886	HB4338 - 53 - LRB103 35332 KTG 65391 b
1887	1887	1 INDEX
1888	1888	2 Statutes amended in order of appearance
1889	1889
1890	1890
1891	1891
1892	1892
1893	1893
1894	1894	HB4338 - 53 - LRB103 35332 KTG 65391 b