Illinois-2013-HB3381-Introduced

98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB3381

Introduced , by Rep. Silvana Tabares

SYNOPSIS AS INTRODUCED:

`210 ILCS 9/97 new`
`210 ILCS 30/4`	`from Ch. 111 1/2, par. 4164`
`210 ILCS 45/3-610`	`from Ch. 111 1/2, par. 4153-610`
`210 ILCS 47/3-610`
`210 ILCS 48/3-610`
`320 ILCS 20/4`	`from Ch. 23, par. 6604`

Amends the Assisted Living and Shared Housing Act, the Abused and

Neglected Long Term Care Facility Residents Reporting
Act, the Nursing Home

Care Act, the ID/DD Community Care Act, the Specialized Mental Health Rehabilitation Act, and the Elder Abuse and Neglect Act. Provides that any administrator, supervisor, or employee of a long term care facility, or any administrator, supervisor, or employee of an assisted living or shared

housing establishment, having reasonable
cause to believe that any
resident

of the facility or establishment has been subjected to abuse shall report

the abuse or cause a report
of the abuse to be made
as follows: if the

suspected abuse results in serious bodily injury to the resident, a telephone report shall be made to the local law enforcement agency within 2 hours after the administrator, supervisor, or employee observed, obtained knowledge of, or suspected the abuse; in addition, a written report shall be made to the local law enforcement agency, the Department, and the Office of State Long Term Care Ombudsman within 2 hours after the administrator, supervisor, or employee observed, obtained knowledge of, or suspected the abuse. Provides that if the suspected abuse does not result in serious bodily injury to the resident, such reports shall be made within 24 hours. Effective immediately.

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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning regulation.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Assisted Living and Shared Housing Act is

5 amended by adding Section 97 as follows:

6 (210 ILCS 9/97 new)

7 Sec. 97. Reports of abuse.

8 (a) Any administrator, supervisor, or employee of an

9 assisted living or shared housing establishment having

10 reasonable cause to believe that any resident of the

11 establishment has been subjected to abuse shall report the

12 abuse or cause a report of the abuse to be made as follows:

13 (1) If the suspected abuse results in serious bodily

14 injury to the resident, a telephone report shall be made to

15 the local law enforcement agency within 2 hours after the

16 administrator, supervisor, or employee observed, obtained

17 knowledge of, or suspected the abuse. In addition, a

18 written report shall be made to the local law enforcement

19 agency, the Department, and the Office of State Long Term

20 Care Ombudsman within 2 hours after the administrator,

21 supervisor, or employee observed, obtained knowledge of,

22 or suspected the abuse.

23 (2) If the suspected abuse does not result in serious

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1 bodily injury to the resident, a telephone report shall be

2 made to the local law enforcement agency within 24 hours

3 after the administrator, supervisor, or employee observed,

4 obtained knowledge of, or suspected the abuse. In addition,

5 a written report shall be made to the local law enforcement

6 agency, the Department, and the Office of State Long Term

7 Care Ombudsman within 24 hours after the administrator,

8 supervisor, or employee observed, obtained knowledge of,

9 or suspected the abuse.

10 (b) A person required to make reports or cause reports to

11 be made under this Section who fails to comply with the

12 requirements of this Section is guilty of a Class A

13 misdemeanor.

14 Section 10. The Abused and Neglected Long Term Care

15 Facility Residents Reporting Act is amended by changing Section

16 4 as follows:

17 (210 ILCS 30/4) (from Ch. 111 1/2, par. 4164)

18 Sec. 4. Reports of abuse or neglect.

19 (a) Any long term care facility administrator, agent or

20 employee or any physician, hospital, surgeon, dentist,

21 osteopath, chiropractor, podiatrist, accredited religious

22 practitioner who provides treatment by spiritual means alone

23 through prayer in accordance with the tenets and practices of

24 the accrediting church, coroner, social worker, social

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1 services administrator, registered nurse, law enforcement

2 officer, field personnel of the Department of Healthcare and

3 Family Services, field personnel of the Illinois Department of

4 Public Health and County or Municipal Health Departments,

5 personnel of the Department of Human Services (acting as the

6 successor to the Department of Mental Health and Developmental

7 Disabilities or the Department of Public Aid), personnel of the

8 Guardianship and Advocacy Commission, personnel of the State

9 Fire Marshal, local fire department inspectors or other

10 personnel, or personnel of the Illinois Department on Aging, or

11 its subsidiary Agencies on Aging, or employee of a facility

12 licensed under the Assisted Living and Shared Housing Act,

13 having reasonable cause to believe any resident with whom they

14 have direct contact has been subjected to abuse or neglect

15 shall immediately report or cause a report to be made to the

16 Department. Persons required to make reports or cause reports

17 to be made under this Section include all employees of the

18 State of Illinois who are involved in providing services to

19 residents, including professionals providing medical or

20 rehabilitation services and all other persons having direct

21 contact with residents; and further include all employees of

22 community service agencies who provide services to a resident

23 of a public or private long term care facility outside of that

24 facility. Any long term care surveyor of the Illinois

25 Department of Public Health who has reasonable cause to believe

26 in the course of a survey that a resident has been abused or

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1 neglected and initiates an investigation while on site at the

2 facility shall be exempt from making a report under this

3 Section but the results of any such investigation shall be

4 forwarded to the central register in a manner and form

5 described by the Department.

6 (b) Any administrator, supervisor, or employee of a long

7 term care facility, or any administrator, supervisor, or

8 employee of an assisted living or shared housing establishment

9 licensed under the Assisted Living and Shared Housing Act,

10 having reasonable cause to believe that any resident of the

11 facility or establishment has been subjected to abuse shall

12 report the abuse or cause a report of the abuse to be made as

13 follows:

14 (1) If the suspected abuse results in serious bodily

15 injury to the resident, a telephone report shall be made to

16 the local law enforcement agency within 2 hours after the

17 administrator, supervisor, or employee observed, obtained

18 knowledge of, or suspected the abuse. In addition, a

19 written report shall be made to the local law enforcement

20 agency, the Department, and the Office of State Long Term

21 Care Ombudsman within 2 hours after the administrator,

22 supervisor, or employee observed, obtained knowledge of,

23 or suspected the abuse.

24 (2) If the suspected abuse does not result in serious

25 bodily injury to the resident, a telephone report shall be

26 made to the local law enforcement agency within 24 hours

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1 after the administrator, supervisor, or employee observed,

2 obtained knowledge of, or suspected the abuse. In addition,

3 a written report shall be made to the local law enforcement

4 agency, the Department, and the Office of State Long Term

5 Care Ombudsman within 24 hours after the administrator,

6 supervisor, or employee observed, obtained knowledge of,

7 or suspected the abuse.

8 (c) The requirement of this Act shall not relieve any long

9 term care facility administrator, agent or employee of

10 responsibility to report the abuse or neglect of a resident

11 under Section 3-610 of the Nursing Home Care Act or under

12 Section 3-610 of the ID/DD Community Care Act or under Section

13 3-610 of the Specialized Mental Health Rehabilitation Act.

14 (d) In addition to the above persons required to report

15 suspected resident abuse and neglect, any other person may make

16 a report to the Department, or to any law enforcement officer,

17 if such person has reasonable cause to suspect a resident has

18 been abused or neglected.

19 (e) This Section also applies to residents whose death

20 occurs from suspected abuse or neglect before being found or

21 brought to a hospital.

22 (f) A person required to make reports or cause reports to

23 be made under this Section who fails to comply with the

24 requirements of this Section is guilty of a Class A

25 misdemeanor.

26 (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,

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1 eff. 1-1-12; 97-813, eff. 7-13-12.)

2 Section 15. The Nursing Home Care Act is amended by

3 changing Section 3-610 as follows:

4 (210 ILCS 45/3-610) (from Ch. 111 1/2, par. 4153-610)

5 Sec. 3-610. Duty to report violations.

6 (a) A facility employee or agent who becomes aware of abuse

7 or neglect of a resident prohibited by Section 2-107 shall

8 immediately report the matter to the Department and to the

9 facility administrator. A facility administrator who becomes

10 aware of abuse or neglect of a resident prohibited by Section

11 2-107 shall immediately report the matter by telephone and in

12 writing to the resident's representative, and to the

13 Department. Any person may report a violation of Section 2-107

14 to the Department.

15 (a-5) Any administrator, supervisor, or employee of a

16 facility having reasonable cause to believe that any resident

17 of the facility has been subjected to abuse shall report the

18 abuse or cause a report of the abuse to be made as follows:

19 (1) If the suspected abuse results in serious bodily

20 injury to the resident, a telephone report shall be made to

21 the local law enforcement agency within 2 hours after the

22 administrator, supervisor, or employee observed, obtained

23 knowledge of, or suspected the abuse. In addition, a

24 written report shall be made to the local law enforcement

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1 agency, the Department, and the Office of State Long Term

2 Care Ombudsman within 2 hours after the administrator,

3 supervisor, or employee observed, obtained knowledge of,

4 or suspected the abuse.

5 (2) If the suspected abuse does not result in serious

6 bodily injury to the resident, a telephone report shall be

7 made to the local law enforcement agency within 24 hours

8 after the administrator, supervisor, or employee observed,

9 obtained knowledge of, or suspected the abuse. In addition,

10 a written report shall be made to the local law enforcement

11 agency, the Department, and the Office of State Long Term

12 Care Ombudsman within 24 hours after the administrator,

13 supervisor, or employee observed, obtained knowledge of,

14 or suspected the abuse.

15 A person required to make reports or cause reports to be

16 made under this subsection who fails to comply with the

17 requirements of this subsection is guilty of a Class A

18 misdemeanor.

19 (b) A facility employee or agent who becomes aware of

20 another facility employee or agent's theft or misappropriation

21 of a resident's property must immediately report the matter to

22 the facility administrator. A facility administrator who

23 becomes aware of a facility employee or agent's theft or

24 misappropriation of a resident's property must immediately

25 report the matter by telephone and in writing to the resident's

26 representative, to the Department, and to the local law

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1 enforcement agency. Neither a licensee nor its employees or

2 agents may dismiss or otherwise retaliate against a facility

3 employee or agent who reports the theft or misappropriation of

4 a resident's property under this subsection.

5 (Source: P.A. 94-26, eff. 1-1-06.)

6 Section 20. The ID/DD Community Care Act is amended by

7 changing Section 3-610 as follows:

8 (210 ILCS 47/3-610)

9 Sec. 3-610. Duty to report violations.

10 (a) A facility employee or agent who becomes aware of abuse

11 or neglect of a resident prohibited by Section 2-107 shall

12 immediately report the matter to the Department and to the

13 facility administrator. A facility administrator who becomes

14 aware of abuse or neglect of a resident prohibited by Section

15 2-107 shall immediately report the matter by telephone and in

16 writing to the resident's representative, and to the

17 Department. Any person may report a violation of Section 2-107

18 to the Department.

19 (a-5) Any administrator, supervisor, or employee of a

20 facility having reasonable cause to believe that any resident

21 of the facility has been subjected to abuse shall report the

22 abuse or cause a report of the abuse to be made as follows:

23 (1) If the suspected abuse results in serious bodily

24 injury to the resident, a telephone report shall be made to

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1 the local law enforcement agency within 2 hours after the

2 administrator, supervisor, or employee observed, obtained

3 knowledge of, or suspected the abuse. In addition, a

4 written report shall be made to the local law enforcement

5 agency, the Department, and the Office of State Long Term

6 Care Ombudsman within 2 hours after the administrator,

7 supervisor, or employee observed, obtained knowledge of,

8 or suspected the abuse.

9 (2) If the suspected abuse does not result in serious

10 bodily injury to the resident, a telephone report shall be

11 made to the local law enforcement agency within 24 hours

12 after the administrator, supervisor, or employee observed,

13 obtained knowledge of, or suspected the abuse. In addition,

14 a written report shall be made to the local law enforcement

15 agency, the Department, and the Office of State Long Term

16 Care Ombudsman within 24 hours after the administrator,

17 supervisor, or employee observed, obtained knowledge of,

18 or suspected the abuse.

19 A person required to make reports or cause reports to be

20 made under this subsection who fails to comply with the

21 requirements of this subsection is guilty of a Class A

22 misdemeanor.

23 (b) A facility employee or agent who becomes aware of

24 another facility employee or agent's theft or misappropriation

25 of a resident's property must immediately report the matter to

26 the facility administrator. A facility administrator who

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1 becomes aware of a facility employee or agent's theft or

2 misappropriation of a resident's property must immediately

3 report the matter by telephone and in writing to the resident's

4 representative, to the Department, and to the local law

5 enforcement agency. Neither a licensee nor its employees or

6 agents may dismiss or otherwise retaliate against a facility

7 employee or agent who reports the theft or misappropriation of

8 a resident's property under this subsection.

9 (Source: P.A. 96-339, eff. 7-1-10.)

10 Section 25. The Specialized Mental Health Rehabilitation

11 Act is amended by changing Section 3-610 as follows:

12 (210 ILCS 48/3-610)

13 Sec. 3-610. Duty to report violations.

14 (a) A facility employee or agent who becomes aware of abuse

15 or neglect of a resident prohibited by Section 2-107 shall

16 immediately report the matter to the Department and to the

17 facility administrator. A facility administrator who becomes

18 aware of abuse or neglect of a resident prohibited by Section

19 2-107 shall immediately report the matter by telephone and in

20 writing to the resident's representative, and to the

21 Department. Any person may report a violation of Section 2-107

22 to the Department.

23 (a-5) Any administrator, supervisor, or employee of a

24 facility having reasonable cause to believe that any resident

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1 of the facility has been subjected to abuse shall report the

2 abuse or cause a report of the abuse to be made as follows:

3 (1) If the suspected abuse results in serious bodily

4 injury to the resident, a telephone report shall be made to

5 the local law enforcement agency within 2 hours after the

6 administrator, supervisor, or employee observed, obtained

7 knowledge of, or suspected the abuse. In addition, a

8 written report shall be made to the local law enforcement

9 agency, the Department, and the Office of State Long Term

10 Care Ombudsman within 2 hours after the administrator,

11 supervisor, or employee observed, obtained knowledge of,

12 or suspected the abuse.

13 (2) If the suspected abuse does not result in serious

14 bodily injury to the resident, a telephone report shall be

15 made to the local law enforcement agency within 24 hours

16 after the administrator, supervisor, or employee observed,

17 obtained knowledge of, or suspected the abuse. In addition,

18 a written report shall be made to the local law enforcement

19 agency, the Department, and the Office of State Long Term

20 Care Ombudsman within 24 hours after the administrator,

21 supervisor, or employee observed, obtained knowledge of,

22 or suspected the abuse.

23 A person required to make reports or cause reports to be

24 made under this subsection who fails to comply with the

25 requirements of this subsection is guilty of a Class A

26 misdemeanor.

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1 (b) A facility employee or agent who becomes aware of

2 another facility employee or agent's theft or misappropriation

3 of a resident's property must immediately report the matter to

4 the facility administrator. A facility administrator who

5 becomes aware of a facility employee or agent's theft or

6 misappropriation of a resident's property must immediately

7 report the matter by telephone and in writing to the resident's

8 representative, to the Department, and to the local law

9 enforcement agency. Neither a licensee nor its employees or

10 agents may dismiss or otherwise retaliate against a facility

11 employee or agent who reports the theft or misappropriation of

12 a resident's property under this subsection.

13 (Source: P.A. 97-38, eff. 6-28-11.)

14 Section 30. The Elder Abuse and Neglect Act is amended by

15 changing Section 4 as follows:

16 (320 ILCS 20/4) (from Ch. 23, par. 6604)

17 Sec. 4. Reports of abuse or neglect.

18 (a) Any person who suspects the abuse, neglect, financial

19 exploitation, or self-neglect of an eligible adult may report

20 this suspicion to an agency designated to receive such reports

21 under this Act or to the Department.

22 (a-5) If any mandated reporter has reason to believe that

23 an eligible adult, who because of dysfunction is unable to seek

24 assistance for himself or herself, has, within the previous 12

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1 months, been subjected to abuse, neglect, or financial

2 exploitation, the mandated reporter shall, within 24 hours

3 after developing such belief, report this suspicion to an

4 agency designated to receive such reports under this Act or to

5 the Department. The agency designated to receive such reports

6 under this Act or the Department may establish a manner in

7 which a mandated reporter can make the required report through

8 an Internet reporting tool. Information sent and received

9 through the Internet reporting tool is subject to the same

10 rules in this Act as other types of confidential reporting

11 established by the designated agency or the Department.

12 Whenever a mandated reporter is required to report under this

13 Act in his or her capacity as a member of the staff of a medical

14 or other public or private institution, facility, board and

15 care home, or agency, he or she shall make a report to an

16 agency designated to receive such reports under this Act or to

17 the Department in accordance with the provisions of this Act

18 and may also notify the person in charge of the institution,

19 facility, board and care home, or agency or his or her

20 designated agent that the report has been made. Under no

21 circumstances shall any person in charge of such institution,

22 facility, board and care home, or agency, or his or her

23 designated agent to whom the notification has been made,

24 exercise any control, restraint, modification, or other change

25 in the report or the forwarding of the report to an agency

26 designated to receive such reports under this Act or to the

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1 Department. The privileged quality of communication between

2 any professional person required to report and his or her

3 patient or client shall not apply to situations involving

4 abused, neglected, or financially exploited eligible adults

5 and shall not constitute grounds for failure to report as

6 required by this Act.

7 (a-6) Any administrator, supervisor, or employee of a

8 facility licensed under the Nursing Home Care Act, the ID/DD

9 Community Care Act, or the Specialized Mental Health

10 Rehabilitation Act, or any administrator, supervisor, or

11 employee of an assisted living or shared housing establishment

12 licensed under the Assisted Living and Shared Housing Act,

13 having reasonable cause to believe that any resident of the

14 facility or establishment has been subjected to abuse shall

15 report the abuse or cause a report of the abuse to be made as

16 follows:

17 (1) If the suspected abuse results in serious bodily

18 injury to the resident, a telephone report shall be made to

19 the local law enforcement agency within 2 hours after the

20 administrator, supervisor, or employee observed, obtained

21 knowledge of, or suspected the abuse. In addition, a

22 written report shall be made to the local law enforcement

23 agency, the Department, and the Office of State Long Term

24 Care Ombudsman within 2 hours after the administrator,

25 supervisor, or employee observed, obtained knowledge of,

26 or suspected the abuse.

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1 (2) If the suspected abuse does not result in serious

2 bodily injury to the resident, a telephone report shall be

3 made to the local law enforcement agency within 24 hours

4 after the administrator, supervisor, or employee observed,

5 obtained knowledge of, or suspected the abuse. In addition,

6 a written report shall be made to the local law enforcement

7 agency, the Department, and the Office of State Long Term

8 Care Ombudsman within 24 hours after the administrator,

9 supervisor, or employee observed, obtained knowledge of,

10 or suspected the abuse.

11 A person required to make reports or cause reports to be

12 made under this subsection who fails to comply with the

13 requirements of this subsection is guilty of a Class A

14 misdemeanor.

15 (a-7) A person making a report under this Act in the belief

16 that it is in the alleged victim's best interest shall be

17 immune from criminal or civil liability or professional

18 disciplinary action on account of making the report,

19 notwithstanding any requirements concerning the

20 confidentiality of information with respect to such eligible

21 adult which might otherwise be applicable.

22 (a-9) Law enforcement officers shall continue to report

23 incidents of alleged abuse pursuant to the Illinois Domestic

24 Violence Act of 1986, notwithstanding any requirements under

25 this Act.

26 (b) Any person, institution or agency participating in the

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1 making of a report, providing information or records related to

2 a report, assessment, or services, or participating in the

3 investigation of a report under this Act in good faith, or

4 taking photographs or x-rays as a result of an authorized

5 assessment, shall have immunity from any civil, criminal or

6 other liability in any civil, criminal or other proceeding

7 brought in consequence of making such report or assessment or

8 on account of submitting or otherwise disclosing such

9 photographs or x-rays to any agency designated to receive

10 reports of alleged or suspected abuse or neglect. Any person,

11 institution or agency authorized by the Department to provide

12 assessment, intervention, or administrative services under

13 this Act shall, in the good faith performance of those

14 services, have immunity from any civil, criminal or other

15 liability in any civil, criminal, or other proceeding brought

16 as a consequence of the performance of those services. For the

17 purposes of any civil, criminal, or other proceeding, the good

18 faith of any person required to report, permitted to report, or

19 participating in an investigation of a report of alleged or

20 suspected abuse, neglect, financial exploitation, or

21 self-neglect shall be presumed.

22 (c) The identity of a person making a report of alleged or

23 suspected abuse, neglect, financial exploitation, or

24 self-neglect under this Act may be disclosed by the Department

25 or other agency provided for in this Act only with such

26 person's written consent or by court order.

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1 (d) The Department shall by rule establish a system for

2 filing and compiling reports made under this Act.

3 (e) Any physician who willfully fails to report as required

4 by this Act shall be referred to the Illinois State Medical

5 Disciplinary Board for action in accordance with subdivision

6 (A)(22) of Section 22 of the Medical Practice Act of 1987. Any

7 dentist or dental hygienist who willfully fails to report as

8 required by this Act shall be referred to the Department of

9 Professional Regulation for action in accordance with

10 paragraph 19 of Section 23 of the Illinois Dental Practice Act.

11 Any optometrist who willfully fails to report as required by

12 this Act shall be referred to the Department of Financial and

13 Professional Regulation for action in accordance with

14 paragraph (15) of subsection (a) of Section 24 of the Illinois

15 Optometric Practice Act of 1987. Any other mandated reporter

16 required by this Act to report suspected abuse, neglect, or

17 financial exploitation who willfully fails to report the same

18 is guilty of a Class A misdemeanor.

19 (Source: P.A. 96-378, eff. 1-1-10; 96-526, eff. 1-1-10;

20 96-1000, eff. 7-2-10; 97-860, eff. 7-30-12.)

21 Section 99. Effective date. This Act takes effect upon

22 becoming law.