Bill Text: IL HB0668 | 2013-2014 | 98th General Assembly | Introduced

---

Bill Title: Amends the Elder Abuse and Neglect Act. Makes a technical change in a Section concerning reports of abuse or neglect.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB0668 Detail]

Download: Illinois-2013-HB0668-Introduced.html

---

98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB0668 Introduced , by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED:
320 ILCS 20/4 from Ch. 23, par. 6604
Amends the Elder Abuse and Neglect Act. Makes a technical change in a Section concerning reports of abuse or neglect.
LRB098 03491 KTG 33506 b
A BILL FOR
HB0668 LRB098 03491 KTG 33506 b
AN ACT concerning aging.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Elder Abuse and Neglect Act is amended by
changing Section 4 as follows:
(320 ILCS 20/4) (from Ch. 23, par. 6604)
Sec. 4. Reports of abuse or neglect.
(a) Any person who suspects the the abuse, neglect,
financial exploitation, or self-neglect of an eligible adult
may report this suspicion to an agency designated to receive
such reports under this Act or to the Department.
(a-5) If any mandated reporter has reason to believe that
an eligible adult, who because of dysfunction is unable to seek
assistance for himself or herself, has, within the previous 12
months, been subjected to abuse, neglect, or financial
exploitation, the mandated reporter shall, within 24 hours
after developing such belief, report this suspicion to an
agency designated to receive such reports under this Act or to
the Department. The agency designated to receive such reports
under this Act or the Department may establish a manner in
which a mandated reporter can make the required report through
an Internet reporting tool. Information sent and received
through the Internet reporting tool is subject to the same

HB0668 - 2 - LRB098 03491 KTG 33506 b
rules in this Act as other types of confidential reporting
established by the designated agency or the Department.
Whenever a mandated reporter is required to report under this
Act in his or her capacity as a member of the staff of a medical
or other public or private institution, facility, board and
care home, or agency, he or she shall make a report to an
agency designated to receive such reports under this Act or to
the Department in accordance with the provisions of this Act
and may also notify the person in charge of the institution,
facility, board and care home, or agency or his or her
designated agent that the report has been made. Under no
circumstances shall any person in charge of such institution,
facility, board and care home, or agency, or his or her
designated agent to whom the notification has been made,
exercise any control, restraint, modification, or other change
in the report or the forwarding of the report to an agency
designated to receive such reports under this Act or to the
Department. The privileged quality of communication between
any professional person required to report and his or her
patient or client shall not apply to situations involving
abused, neglected, or financially exploited eligible adults
and shall not constitute grounds for failure to report as
required by this Act.
(a-7) A person making a report under this Act in the belief
that it is in the alleged victim's best interest shall be
immune from criminal or civil liability or professional

HB0668 - 3 - LRB098 03491 KTG 33506 b
disciplinary action on account of making the report,
notwithstanding any requirements concerning the
confidentiality of information with respect to such eligible
adult which might otherwise be applicable.
(a-9) Law enforcement officers shall continue to report
incidents of alleged abuse pursuant to the Illinois Domestic
Violence Act of 1986, notwithstanding any requirements under
this Act.
(b) Any person, institution or agency participating in the
making of a report, providing information or records related to
a report, assessment, or services, or participating in the
investigation of a report under this Act in good faith, or
taking photographs or x-rays as a result of an authorized
assessment, shall have immunity from any civil, criminal or
other liability in any civil, criminal or other proceeding
brought in consequence of making such report or assessment or
on account of submitting or otherwise disclosing such
photographs or x-rays to any agency designated to receive
reports of alleged or suspected abuse or neglect. Any person,
institution or agency authorized by the Department to provide
assessment, intervention, or administrative services under
this Act shall, in the good faith performance of those
services, have immunity from any civil, criminal or other
liability in any civil, criminal, or other proceeding brought
as a consequence of the performance of those services. For the
purposes of any civil, criminal, or other proceeding, the good

HB0668 - 4 - LRB098 03491 KTG 33506 b
faith of any person required to report, permitted to report, or
participating in an investigation of a report of alleged or
suspected abuse, neglect, financial exploitation, or
self-neglect shall be presumed.
(c) The identity of a person making a report of alleged or
suspected abuse, neglect, financial exploitation, or
self-neglect under this Act may be disclosed by the Department
or other agency provided for in this Act only with such
person's written consent or by court order.
(d) The Department shall by rule establish a system for
filing and compiling reports made under this Act.
(e) Any physician who willfully fails to report as required
by this Act shall be referred to the Illinois State Medical
Disciplinary Board for action in accordance with subdivision
(A)(22) of Section 22 of the Medical Practice Act of 1987. Any
dentist or dental hygienist who willfully fails to report as
required by this Act shall be referred to the Department of
Professional Regulation for action in accordance with
paragraph 19 of Section 23 of the Illinois Dental Practice Act.
Any optometrist who willfully fails to report as required by
this Act shall be referred to the Department of Financial and
Professional Regulation for action in accordance with
paragraph (15) of subsection (a) of Section 24 of the Illinois
Optometric Practice Act of 1987. Any other mandated reporter
required by this Act to report suspected abuse, neglect, or
financial exploitation who willfully fails to report the same

HB0668 - 5 - LRB098 03491 KTG 33506 b
is guilty of a Class A misdemeanor.
(Source: P.A. 96-378, eff. 1-1-10; 96-526, eff. 1-1-10;
96-1000, eff. 7-2-10; 97-860, eff. 7-30-12.)