Bill Text: IL HB3515 | 2017-2018 | 100th General Assembly | Introduced
Bill Title: Amends the Freedom of Information Act. In a Section concerning statutory exemptions, removes references to specified records and information protected under the following Acts: the Abuse Prevention Review Team Act; Brian's Law; and the Adult Protective Services Act. Makes corresponding changes in the Abuse Prevention Review Team Act and the Adult Protective Services Act.
Spectrum: Bipartisan Bill
Status: (Failed) 2019-01-08 - Session Sine Die [HB3515 Detail]
Download: Illinois-2017-HB3515-Introduced.html
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1 | AN ACT concerning government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Freedom of Information Act is amended by | |||||||||||||||||||||||||
5 | changing Section 7.5 as follows:
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6 | (5 ILCS 140/7.5) | |||||||||||||||||||||||||
7 | Sec. 7.5. Statutory exemptions. To the extent provided for | |||||||||||||||||||||||||
8 | by the statutes referenced below, the following shall be exempt | |||||||||||||||||||||||||
9 | from inspection and copying: | |||||||||||||||||||||||||
10 | (a) All information determined to be confidential | |||||||||||||||||||||||||
11 | under Section 4002 of the Technology Advancement and | |||||||||||||||||||||||||
12 | Development Act. | |||||||||||||||||||||||||
13 | (b) Library circulation and order records identifying | |||||||||||||||||||||||||
14 | library users with specific materials under the Library | |||||||||||||||||||||||||
15 | Records Confidentiality Act. | |||||||||||||||||||||||||
16 | (c) Applications, related documents, and medical | |||||||||||||||||||||||||
17 | records received by the Experimental Organ Transplantation | |||||||||||||||||||||||||
18 | Procedures Board and any and all documents or other records | |||||||||||||||||||||||||
19 | prepared by the Experimental Organ Transplantation | |||||||||||||||||||||||||
20 | Procedures Board or its staff relating to applications it | |||||||||||||||||||||||||
21 | has received. | |||||||||||||||||||||||||
22 | (d) Information and records held by the Department of | |||||||||||||||||||||||||
23 | Public Health and its authorized representatives relating |
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1 | to known or suspected cases of sexually transmissible | ||||||
2 | disease or any information the disclosure of which is | ||||||
3 | restricted under the Illinois Sexually Transmissible | ||||||
4 | Disease Control Act. | ||||||
5 | (e) Information the disclosure of which is exempted | ||||||
6 | under Section 30 of the Radon Industry Licensing Act. | ||||||
7 | (f) Firm performance evaluations under Section 55 of | ||||||
8 | the Architectural, Engineering, and Land Surveying | ||||||
9 | Qualifications Based Selection Act. | ||||||
10 | (g) Information the disclosure of which is restricted | ||||||
11 | and exempted under Section 50 of the Illinois Prepaid | ||||||
12 | Tuition Act. | ||||||
13 | (h) Information the disclosure of which is exempted | ||||||
14 | under the State Officials and Employees Ethics Act, and | ||||||
15 | records of any lawfully created State or local inspector | ||||||
16 | general's office that would be exempt if created or | ||||||
17 | obtained by an Executive Inspector General's office under | ||||||
18 | that Act. | ||||||
19 | (i) Information contained in a local emergency energy | ||||||
20 | plan submitted to a municipality in accordance with a local | ||||||
21 | emergency energy plan ordinance that is adopted under | ||||||
22 | Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
23 | (j) Information and data concerning the distribution | ||||||
24 | of surcharge moneys collected and remitted by wireless | ||||||
25 | carriers under the Wireless Emergency Telephone Safety | ||||||
26 | Act. |
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1 | (k) Law enforcement officer identification information | ||||||
2 | or driver identification information compiled by a law | ||||||
3 | enforcement agency or the Department of Transportation | ||||||
4 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
5 | (l) (Blank). Records and information provided to a | ||||||
6 | residential health care facility resident sexual assault | ||||||
7 | and death review team or the Executive Council under the | ||||||
8 | Abuse Prevention Review Team Act. | ||||||
9 | (m) Information provided to the predatory lending | ||||||
10 | database created pursuant to Article 3 of the Residential | ||||||
11 | Real Property Disclosure Act, except to the extent | ||||||
12 | authorized under that Article. | ||||||
13 | (n) Defense budgets and petitions for certification of | ||||||
14 | compensation and expenses for court appointed trial | ||||||
15 | counsel as provided under Sections 10 and 15 of the Capital | ||||||
16 | Crimes Litigation Act. This subsection (n) shall apply | ||||||
17 | until the conclusion of the trial of the case, even if the | ||||||
18 | prosecution chooses not to pursue the death penalty prior | ||||||
19 | to trial or sentencing. | ||||||
20 | (o) Information that is prohibited from being | ||||||
21 | disclosed under Section 4 of the Illinois Health and | ||||||
22 | Hazardous Substances Registry Act. | ||||||
23 | (p) Security portions of system safety program plans, | ||||||
24 | investigation reports, surveys, schedules, lists, data, or | ||||||
25 | information compiled, collected, or prepared by or for the | ||||||
26 | Regional Transportation Authority under Section 2.11 of |
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1 | the Regional Transportation Authority Act or the St. Clair | ||||||
2 | County Transit District under the Bi-State Transit Safety | ||||||
3 | Act. | ||||||
4 | (q) Information prohibited from being disclosed by the | ||||||
5 | Personnel Records Review Act. | ||||||
6 | (r) Information prohibited from being disclosed by the | ||||||
7 | Illinois School Student Records Act. | ||||||
8 | (s) Information the disclosure of which is restricted | ||||||
9 | under Section 5-108 of the Public Utilities Act.
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10 | (t) All identified or deidentified health information | ||||||
11 | in the form of health data or medical records contained in, | ||||||
12 | stored in, submitted to, transferred by, or released from | ||||||
13 | the Illinois Health Information Exchange, and identified | ||||||
14 | or deidentified health information in the form of health | ||||||
15 | data and medical records of the Illinois Health Information | ||||||
16 | Exchange in the possession of the Illinois Health | ||||||
17 | Information Exchange Authority due to its administration | ||||||
18 | of the Illinois Health Information Exchange. The terms | ||||||
19 | "identified" and "deidentified" shall be given the same | ||||||
20 | meaning as in the Health Insurance Portability and | ||||||
21 | Accountability Act of 1996, Public Law 104-191, or any | ||||||
22 | subsequent amendments thereto, and any regulations | ||||||
23 | promulgated thereunder. | ||||||
24 | (u) (Blank). Records and information provided to an | ||||||
25 | independent team of experts under Brian's Law. | ||||||
26 | (v) Names and information of people who have applied |
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1 | for or received Firearm Owner's Identification Cards under | ||||||
2 | the Firearm Owners Identification Card Act or applied for | ||||||
3 | or received a concealed carry license under the Firearm | ||||||
4 | Concealed Carry Act, unless otherwise authorized by the | ||||||
5 | Firearm Concealed Carry Act; and databases under the | ||||||
6 | Firearm Concealed Carry Act, records of the Concealed Carry | ||||||
7 | Licensing Review Board under the Firearm Concealed Carry | ||||||
8 | Act, and law enforcement agency objections under the | ||||||
9 | Firearm Concealed Carry Act. | ||||||
10 | (w) Personally identifiable information which is | ||||||
11 | exempted from disclosure under subsection (g) of Section | ||||||
12 | 19.1 of the Toll Highway Act. | ||||||
13 | (x) Information which is exempted from disclosure | ||||||
14 | under Section 5-1014.3 of the Counties Code or Section | ||||||
15 | 8-11-21 of the Illinois Municipal Code. | ||||||
16 | (y) (Blank). Confidential information under the Adult | ||||||
17 | Protective Services Act and its predecessor enabling | ||||||
18 | statute, the Elder Abuse and Neglect Act, including | ||||||
19 | information about the identity and administrative finding | ||||||
20 | against any caregiver of a verified and substantiated | ||||||
21 | decision of abuse, neglect, or financial exploitation of an | ||||||
22 | eligible adult maintained in the Registry established | ||||||
23 | under Section 7.5 of the Adult Protective Services Act. | ||||||
24 | (z) (Blank). Records and information provided to a | ||||||
25 | fatality review team or the Illinois Fatality Review Team | ||||||
26 | Advisory Council under Section 15 of the Adult Protective |
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1 | Services Act. | ||||||
2 | (aa) Information which is exempted from disclosure | ||||||
3 | under Section 2.37 of the Wildlife Code. | ||||||
4 | (bb) Information which is or was prohibited from | ||||||
5 | disclosure by the Juvenile Court Act of 1987. | ||||||
6 | (cc) Recordings made under the Law Enforcement | ||||||
7 | Officer-Worn Body Camera Act, except to the extent | ||||||
8 | authorized under that Act. | ||||||
9 | (dd) Information that is prohibited from being | ||||||
10 | disclosed under Section 45 of the Condominium and Common | ||||||
11 | Interest Community Ombudsperson Act. | ||||||
12 | (ee) (dd) Information that is exempted from disclosure | ||||||
13 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
14 | (Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, | ||||||
15 | eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14; | ||||||
16 | 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16; | ||||||
17 | 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff. | ||||||
18 | 8-19-16; revised 9-1-16.)
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19 | Section 10. The Abuse Prevention Review Team Act is amended | ||||||
20 | by changing Section 30 as follows:
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21 | (210 ILCS 28/30)
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22 | Sec. 30. Public access to information.
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23 | (a) Meetings of the review
teams and the Executive Council | ||||||
24 | shall be closed to the public. Meetings of the
review teams and |
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1 | the Executive Council are not subject to the Open Meetings
Act, | ||||||
2 | as provided in that Act.
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3 | (b) Records and information provided to a
review team and | ||||||
4 | the Executive Council, and records
maintained by a review team | ||||||
5 | or the Executive Council, are confidential and not
subject
to | ||||||
6 | the Freedom of Information Act, as provided in that Act .
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7 | Nothing contained in this subsection (b) prevents the sharing | ||||||
8 | or disclosure of
records, other than those produced by a review | ||||||
9 | team or the
Executive Council, relating or pertaining to the | ||||||
10 | sexual assault or death of a
resident.
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11 | (c) Members of a review team
and the Executive Council are | ||||||
12 | not subject to examination, in any civil or
criminal
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13 | proceeding, concerning information presented to members of the | ||||||
14 | review team or
the
Executive Council or opinions formed by | ||||||
15 | members of the review team or the
Executive
Council based on | ||||||
16 | that information. A person may, however, be examined
concerning | ||||||
17 | information provided to a review team or the Executive Council | ||||||
18 | that
is
otherwise available to the public.
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19 | (d) Records and information produced by a
review team and | ||||||
20 | the Executive Council are not subject to
discovery or subpoena | ||||||
21 | and are not admissible as evidence in any civil or
criminal
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22 | proceeding. Those records and information are, however, | ||||||
23 | subject to discovery or
a subpoena, and are admissible as | ||||||
24 | evidence, to the extent they are otherwise
available to the | ||||||
25 | public.
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26 | (Source: P.A. 93-577, eff. 8-21-03 .)
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1 | Section 15. The Adult Protective Services Act is amended by | ||||||
2 | changing Sections 7.5 and 15 as follows:
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3 | (320 ILCS 20/7.5) | ||||||
4 | Sec. 7.5. Registry. | ||||||
5 | (a) To protect individuals receiving in-home and | ||||||
6 | community-based services, the Department on Aging shall | ||||||
7 | establish an Adult Protective Service Registry that will be | ||||||
8 | hosted by the Department of Public Health on its website | ||||||
9 | effective January 1, 2015, and, if practicable, shall propose | ||||||
10 | rules for the Registry by January 1, 2015. | ||||||
11 | (a-5) The Registry shall identify caregivers against whom a | ||||||
12 | verified and substantiated finding was made under this Act of | ||||||
13 | abuse, neglect, or financial exploitation. | ||||||
14 | The information in the Registry shall be confidential | ||||||
15 | except as specifically authorized in this Act and shall not be | ||||||
16 | deemed a public record . | ||||||
17 | (a-10) Reporting to the Registry. The Department on Aging | ||||||
18 | shall report to the Registry the identity of the caregiver when | ||||||
19 | a verified and substantiated finding of abuse, neglect, or | ||||||
20 | financial exploitation of an eligible adult under this Act is | ||||||
21 | made against a caregiver, and all appeals, challenges, and | ||||||
22 | reviews, if any, have been completed and a finding for | ||||||
23 | placement on the Registry has been sustained or upheld. | ||||||
24 | A finding against a caregiver that is placed in the |
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1 | Registry shall preclude that caregiver from providing direct | ||||||
2 | care, as defined in this Section, in a position with or that is | ||||||
3 | regulated by or paid with public funds from the Department on | ||||||
4 | Aging, the Department of Healthcare and Family Services, the | ||||||
5 | Department of Human Services, or the Department of Public | ||||||
6 | Health or with an entity or provider licensed, certified, or | ||||||
7 | regulated by or paid with public funds from any of these State | ||||||
8 | agencies. | ||||||
9 | (b) Definitions. As used in this Section: | ||||||
10 | "Direct care" includes, but is not limited to, direct | ||||||
11 | access to a person aged 60 or older or to an adult with | ||||||
12 | disabilities aged 18 through 59, his or her living quarters, or | ||||||
13 | his or her personal, financial, or medical records for the | ||||||
14 | purpose of providing nursing care or assistance with feeding, | ||||||
15 | dressing, movement, bathing, toileting, other personal needs | ||||||
16 | and activities of daily living or instrumental activities of | ||||||
17 | daily living, or assistance with financial transactions. | ||||||
18 | "Participant" means an individual who uses the services of | ||||||
19 | an in-home care program funded through the Department on Aging, | ||||||
20 | the Department of Healthcare and Family Services, the | ||||||
21 | Department of Human Services, or the Department of Public | ||||||
22 | Health. | ||||||
23 | (c) Access to and use of the Registry. Access to the | ||||||
24 | Registry shall be limited to the Department on Aging, the | ||||||
25 | Department of Healthcare and Family Services, the Department of | ||||||
26 | Human Services, and the Department of Public Health and |
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1 | providers of direct care as described in subsection (a-10) of | ||||||
2 | this Section. These State agencies and providers shall not | ||||||
3 | hire, compensate either directly or on behalf of a participant, | ||||||
4 | or utilize the services of any person seeking to provide direct | ||||||
5 | care without first conducting an online check of whether the | ||||||
6 | person has been placed on the Registry. These State agencies | ||||||
7 | and providers shall maintain a copy of the results of the | ||||||
8 | online check to demonstrate compliance with this requirement. | ||||||
9 | These State agencies and providers are prohibited from | ||||||
10 | retaining, hiring, compensating either directly or on behalf of | ||||||
11 | a participant, or utilizing the services of a person to provide | ||||||
12 | direct care if the online check of the person reveals a | ||||||
13 | verified and substantiated finding of abuse, neglect, or | ||||||
14 | financial exploitation that has been placed on the Registry or | ||||||
15 | when the State agencies or providers otherwise gain knowledge | ||||||
16 | of such placement on the Registry. Failure to comply with this | ||||||
17 | requirement may subject such a provider to corrective action by | ||||||
18 | the appropriate regulatory agency or other lawful remedies | ||||||
19 | provided under the applicable licensure, certification, or | ||||||
20 | regulatory laws and rules. | ||||||
21 | (d) Notice to caregiver. The Department on Aging shall
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22 | establish rules concerning notice to the caregiver in cases of | ||||||
23 | a verified and substantiated finding of abuse, neglect, or | ||||||
24 | financial exploitation against him or her that may make him or | ||||||
25 | her eligible for placement on the Registry. | ||||||
26 | (e) Notification to eligible adults, guardians, or agents. |
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1 | As part of its investigation, the Department on Aging shall | ||||||
2 | notify an eligible adult, or an eligible adult's guardian or | ||||||
3 | agent, that his or her caregiver's name may be placed on the | ||||||
4 | Registry based on a finding as described in subsection (a-10) | ||||||
5 | of this Section. | ||||||
6 | (f) Notification to employer. The Department on Aging shall | ||||||
7 | notify the appropriate State agency or provider of direct care, | ||||||
8 | as described in subsection (a-10), when there is a verified and | ||||||
9 | substantiated finding of abuse, neglect, or financial | ||||||
10 | exploitation in a case under this Act that is reported on the | ||||||
11 | Registry and that involves one of its caregivers. That State | ||||||
12 | agency or provider is prohibited from retaining or compensating | ||||||
13 | that individual in a position that involves direct care, and if | ||||||
14 | there is an imminent risk of danger to the victim or an | ||||||
15 | imminent risk of misuse of personal, medical, or financial | ||||||
16 | information, that caregiver shall immediately be barred from | ||||||
17 | providing direct care to the victim pending the outcome of any | ||||||
18 | challenge, appeal, criminal prosecution, or other type of | ||||||
19 | collateral action. | ||||||
20 | (g) Challenges and appeals. The Department on Aging
shall | ||||||
21 | establish, by rule, procedures concerning challenges and | ||||||
22 | appeals to placement on the Registry pursuant to legislative | ||||||
23 | intent. The Department shall not make any report to the | ||||||
24 | Registry pending challenges or appeals. | ||||||
25 | (h) Caregiver's rights to collateral action. The | ||||||
26 | Department on Aging shall not make any report to the Registry |
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1 | if a caregiver notifies the Department in writing that he or | ||||||
2 | she is formally challenging an adverse employment action | ||||||
3 | resulting from a verified and substantiated finding of abuse, | ||||||
4 | neglect, or financial exploitation by complaint filed with the | ||||||
5 | Illinois Civil Service Commission, or by another means which | ||||||
6 | seeks to enforce the caregiver's rights pursuant to any | ||||||
7 | applicable collective bargaining agreement. If an action taken | ||||||
8 | by an employer against a caregiver as a result of such a | ||||||
9 | finding is overturned through an action filed with the Illinois | ||||||
10 | Civil Service Commission or under any applicable collective | ||||||
11 | bargaining agreement after that caregiver's name has already | ||||||
12 | been sent to the Registry, the caregiver's name shall be | ||||||
13 | removed from the Registry. | ||||||
14 | (i) Removal from Registry. At any time after a report to | ||||||
15 | the Registry, but no more than once in each successive 3-year | ||||||
16 | period thereafter, for a maximum of 3 such requests, a | ||||||
17 | caregiver may request removal of his or her name from the | ||||||
18 | Registry in relationship to a single incident. The caregiver | ||||||
19 | shall bear the burden of establishing, by a preponderance of | ||||||
20 | the evidence, that removal of his or her name from the Registry | ||||||
21 | is in the public interest. Upon receiving such a request, the | ||||||
22 | Department on Aging shall conduct an investigation and consider | ||||||
23 | any evidentiary material provided. The Department shall issue a | ||||||
24 | decision either granting or denying removal to the caregiver | ||||||
25 | and report it to the Registry. The Department shall, by rule, | ||||||
26 | establish standards and a process for requesting the removal of |
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1 | a name from the Registry. | ||||||
2 | (j) Referral of Registry reports to health care facilities. | ||||||
3 | In the event an eligible adult receiving services from a | ||||||
4 | provider agency changes his or her residence from a domestic | ||||||
5 | living situation to that of a health care or long term care | ||||||
6 | facility, the provider agency shall use reasonable efforts to | ||||||
7 | promptly inform the facility and the appropriate Regional Long | ||||||
8 | Term Care Ombudsman about any Registry reports relating to the | ||||||
9 | eligible adult. For purposes of this Section, a health care or | ||||||
10 | long term care facility includes, but is not limited to, any | ||||||
11 | residential facility licensed, certified, or regulated by the | ||||||
12 | Department of Public Health, Healthcare and Family Services, or | ||||||
13 | Human Services.
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14 | (k) The Department on Aging and its employees and agents | ||||||
15 | shall have immunity, except for intentional willful and wanton | ||||||
16 | misconduct, from any liability, civil, criminal, or otherwise, | ||||||
17 | for reporting information to and maintaining the Registry. | ||||||
18 | (Source: P.A. 98-49, eff. 1-1-14; 98-756, eff. 7-16-14; | ||||||
19 | 98-1039, eff. 8-25-14; 99-78, eff. 7-20-15.)
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20 | (320 ILCS 20/15) | ||||||
21 | Sec. 15. Fatality review teams. | ||||||
22 | (a) State policy. | ||||||
23 | (1) Both the State and the community maintain a | ||||||
24 | commitment to preventing the abuse, neglect, and financial | ||||||
25 | exploitation of at-risk adults. This includes a charge to |
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1 | bring perpetrators of crimes against at-risk adults to | ||||||
2 | justice and prevent untimely deaths in the community. | ||||||
3 | (2) When an at-risk adult dies, the response to the | ||||||
4 | death by the community, law enforcement, and the State must | ||||||
5 | include an accurate and complete determination of the cause | ||||||
6 | of death, and the development and implementation of | ||||||
7 | measures to prevent future deaths from similar causes. | ||||||
8 | (3) Multidisciplinary and multi-agency reviews of | ||||||
9 | deaths can assist the State and counties in developing a | ||||||
10 | greater understanding of the incidence and causes of | ||||||
11 | premature deaths and the methods for preventing those | ||||||
12 | deaths, improving methods for investigating deaths, and | ||||||
13 | identifying gaps in services to at-risk adults. | ||||||
14 | (4) Access to information regarding the deceased | ||||||
15 | person and his or her family by multidisciplinary and | ||||||
16 | multi-agency fatality review teams is necessary in order to | ||||||
17 | fulfill their purposes and duties. | ||||||
18 | (a-5) Definitions. As used in this Section: | ||||||
19 | "Advisory Council" means the Illinois Fatality Review | ||||||
20 | Team Advisory Council. | ||||||
21 | "Review Team" means a regional interagency fatality | ||||||
22 | review team. | ||||||
23 | (b) The Director, in consultation with the Advisory | ||||||
24 | Council, law enforcement, and other professionals who work in | ||||||
25 | the fields of investigating, treating, or preventing abuse or | ||||||
26 | neglect of at-risk adults, shall appoint members to a minimum |
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1 | of one review team in each of the Department's planning and | ||||||
2 | service areas. Each member of a review team shall be appointed | ||||||
3 | for a 2-year term and shall be eligible for reappointment upon | ||||||
4 | the expiration of the term. A review team's purpose in | ||||||
5 | conducting review of at-risk adult deaths is: (i) to assist | ||||||
6 | local agencies in identifying and reviewing suspicious deaths | ||||||
7 | of adult victims of alleged, suspected, or substantiated abuse | ||||||
8 | or neglect in domestic living situations; (ii) to facilitate | ||||||
9 | communications between officials responsible for autopsies and | ||||||
10 | inquests and persons involved in reporting or investigating | ||||||
11 | alleged or suspected cases of abuse, neglect, or financial | ||||||
12 | exploitation of at-risk adults and persons involved in | ||||||
13 | providing services to at-risk adults; (iii) to evaluate means | ||||||
14 | by which the death might have been prevented; and (iv) to | ||||||
15 | report its findings to the appropriate agencies and the | ||||||
16 | Advisory Council and make recommendations that may help to | ||||||
17 | reduce the number of at-risk adult deaths caused by abuse and | ||||||
18 | neglect and that may help to improve the investigations of | ||||||
19 | deaths of at-risk adults and increase prosecutions, if | ||||||
20 | appropriate. | ||||||
21 | (b-5) Each such team shall be composed of representatives | ||||||
22 | of entities and individuals including, but not limited to: | ||||||
23 | (1) the Department on Aging; | ||||||
24 | (2) coroners or medical examiners (or both); | ||||||
25 | (3) State's Attorneys; | ||||||
26 | (4) local police departments; |
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1 | (5) forensic units; | ||||||
2 | (6) local health departments; | ||||||
3 | (7) a social service or health care agency that | ||||||
4 | provides services to persons with mental illness, in a | ||||||
5 | program whose accreditation to provide such services is | ||||||
6 | recognized by the Division of Mental Health within the | ||||||
7 | Department of Human Services; | ||||||
8 | (8) a social service or health care agency that | ||||||
9 | provides services to persons with developmental | ||||||
10 | disabilities, in a program whose accreditation to provide | ||||||
11 | such services is recognized by the Division of | ||||||
12 | Developmental Disabilities within the Department of Human | ||||||
13 | Services; | ||||||
14 | (9) a local hospital, trauma center, or provider of | ||||||
15 | emergency medicine; | ||||||
16 | (10) providers of services for eligible adults in | ||||||
17 | domestic living situations; and | ||||||
18 | (11) a physician, psychiatrist, or other health care | ||||||
19 | provider knowledgeable about abuse and neglect of at-risk | ||||||
20 | adults. | ||||||
21 | (c) A review team shall review cases of deaths of at-risk | ||||||
22 | adults occurring in its planning and service area (i) involving | ||||||
23 | blunt force trauma or an undetermined manner or suspicious | ||||||
24 | cause of death; (ii) if requested by the deceased's attending | ||||||
25 | physician or an emergency room physician; (iii) upon referral | ||||||
26 | by a health care provider; (iv) upon referral by a coroner or |
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1 | medical examiner; (v) constituting an open or closed case from | ||||||
2 | an adult protective services agency, law enforcement agency, | ||||||
3 | State's Attorney's office, or the Department of Human Services' | ||||||
4 | Office of the Inspector General that involves alleged or | ||||||
5 | suspected abuse, neglect, or financial exploitation; or
(vi) | ||||||
6 | upon referral by a law enforcement agency or State's Attorney's | ||||||
7 | office. If such a death occurs in a planning and service area | ||||||
8 | where a review team has not yet been established, the Director | ||||||
9 | shall request that the Advisory Council or another review team | ||||||
10 | review that death. A team may also review deaths of at-risk | ||||||
11 | adults if the alleged abuse or neglect occurred while the | ||||||
12 | person was residing in a domestic living situation. | ||||||
13 | A review team shall meet not less than 4 times a year to | ||||||
14 | discuss cases for its possible review. Each review team, with | ||||||
15 | the advice and consent of the Department, shall establish | ||||||
16 | criteria to be used in discussing cases of alleged, suspected, | ||||||
17 | or substantiated abuse or neglect for review and shall conduct | ||||||
18 | its activities in accordance with any applicable policies and | ||||||
19 | procedures established by the Department. | ||||||
20 | (c-5) The Illinois Fatality Review Team Advisory Council, | ||||||
21 | consisting of one member from each review team in Illinois, | ||||||
22 | shall be the coordinating and oversight body for review teams | ||||||
23 | and activities in Illinois. The Director may appoint to the | ||||||
24 | Advisory Council any ex-officio members deemed necessary. | ||||||
25 | Persons with expertise needed by the Advisory Council may be | ||||||
26 | invited to meetings. The Advisory Council must select from its |
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1 | members a chairperson and a vice-chairperson, each to serve a | ||||||
2 | 2-year term. The chairperson or vice-chairperson may be | ||||||
3 | selected to serve additional, subsequent terms. The Advisory | ||||||
4 | Council must meet at least 4 times during each calendar year. | ||||||
5 | The Department may provide or arrange for the staff support | ||||||
6 | necessary for the Advisory Council to carry out its duties. The | ||||||
7 | Director, in cooperation and consultation with the Advisory | ||||||
8 | Council, shall appoint, reappoint, and remove review team | ||||||
9 | members. | ||||||
10 | The Advisory Council has, but is not limited to, the | ||||||
11 | following duties: | ||||||
12 | (1) To serve as the voice of review teams in Illinois. | ||||||
13 | (2) To oversee the review teams in order to ensure that | ||||||
14 | the review teams' work is coordinated and in compliance | ||||||
15 | with State statutes and the operating protocol. | ||||||
16 | (3) To ensure that the data, results, findings, and | ||||||
17 | recommendations of the review teams are adequately used in | ||||||
18 | a timely manner to make any necessary changes to the | ||||||
19 | policies, procedures, and State statutes in order to | ||||||
20 | protect at-risk adults. | ||||||
21 | (4) To collaborate with the Department in order to | ||||||
22 | develop any legislation needed to prevent unnecessary | ||||||
23 | deaths of at-risk adults. | ||||||
24 | (5) To ensure that the review teams' review processes | ||||||
25 | are standardized in order to convey data, findings, and | ||||||
26 | recommendations in a usable format. |
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1 | (6) To serve as a link with review teams throughout the | ||||||
2 | country and to participate in national review team | ||||||
3 | activities. | ||||||
4 | (7) To provide the review teams with the most current | ||||||
5 | information and practices concerning at-risk adult death | ||||||
6 | review and related topics. | ||||||
7 | (8) To perform any other functions necessary to enhance | ||||||
8 | the capability of the review teams to reduce and prevent | ||||||
9 | at-risk adult fatalities. | ||||||
10 | The Advisory Council may prepare an annual report, in | ||||||
11 | consultation with the Department, using aggregate data | ||||||
12 | gathered by review teams and using the review teams' | ||||||
13 | recommendations to develop education, prevention, prosecution, | ||||||
14 | or other strategies designed to improve the coordination of | ||||||
15 | services for at-risk adults and their families. | ||||||
16 | In any instance where a review team does not operate in | ||||||
17 | accordance with established protocol, the Director, in | ||||||
18 | consultation and cooperation with the Advisory Council, must | ||||||
19 | take any necessary actions to bring the review team into | ||||||
20 | compliance with the protocol. | ||||||
21 | (d) Any document or oral or written communication shared | ||||||
22 | within or produced by the review team relating to a case | ||||||
23 | discussed or reviewed by the review team is confidential and is | ||||||
24 | not admissible as evidence in any civil or criminal proceeding, | ||||||
25 | except for use by a State's Attorney's office in prosecuting a | ||||||
26 | criminal case against a caregiver. Those records and |
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1 | information are, however, subject to discovery or subpoena, and | ||||||
2 | are admissible as evidence, to the extent they are otherwise | ||||||
3 | available to the public. | ||||||
4 | Any document or oral or written communication provided to a | ||||||
5 | review team by an individual or entity, and created by that | ||||||
6 | individual or entity solely for the use of the review team, is | ||||||
7 | confidential, is not subject to disclosure to or discoverable | ||||||
8 | by another party, and is not admissible as evidence in any | ||||||
9 | civil or criminal proceeding, except for use by a State's | ||||||
10 | Attorney's office in prosecuting a criminal case against a | ||||||
11 | caregiver. Those records and information are, however, subject | ||||||
12 | to discovery or subpoena, and are admissible as evidence, to | ||||||
13 | the extent they are otherwise available to the public. | ||||||
14 | Each entity or individual represented on the fatality | ||||||
15 | review team may share with other members of the team | ||||||
16 | information in the entity's or individual's possession | ||||||
17 | concerning the decedent who is the subject of the review or | ||||||
18 | concerning any person who was in contact with the decedent, as | ||||||
19 | well as any other information deemed by the entity or | ||||||
20 | individual to be pertinent to the review. Any such information | ||||||
21 | shared by an entity or individual with other members of the | ||||||
22 | review team is confidential. The intent of this paragraph is to | ||||||
23 | permit the disclosure to members of the review team of any | ||||||
24 | information deemed confidential or privileged or prohibited | ||||||
25 | from disclosure by any other provision of law. Release of | ||||||
26 | confidential communication between domestic violence advocates |
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1 | and a domestic violence victim shall follow subsection (d) of | ||||||
2 | Section 227 of the Illinois Domestic Violence Act of 1986 which | ||||||
3 | allows for the waiver of privilege afforded to guardians, | ||||||
4 | executors, or administrators of the estate of the domestic | ||||||
5 | violence victim. This provision relating to the release of | ||||||
6 | confidential communication between domestic violence advocates | ||||||
7 | and a domestic violence victim shall exclude adult protective | ||||||
8 | service providers.
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9 | A coroner's or medical examiner's office may share with the | ||||||
10 | review team medical records that have been made available to | ||||||
11 | the coroner's or medical examiner's office in connection with | ||||||
12 | that office's investigation of a death. | ||||||
13 | Members of a review team and the Advisory Council are not | ||||||
14 | subject to examination, in any civil or criminal proceeding, | ||||||
15 | concerning information presented to members of the review team | ||||||
16 | or the Advisory Council or opinions formed by members of the | ||||||
17 | review team or the Advisory Council based on that information. | ||||||
18 | A person may, however, be examined concerning information | ||||||
19 | provided to a review team or the Advisory Council. | ||||||
20 | (d-5) Meetings of the review teams and the Advisory Council | ||||||
21 | may be closed to the public under the Open Meetings Act. | ||||||
22 | Records and information provided to a review team and the | ||||||
23 | Advisory Council, and records maintained by a team or the | ||||||
24 | Advisory Council, are exempt from release under the Freedom of | ||||||
25 | Information Act. | ||||||
26 | (e) A review team's recommendation in relation to a case |
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1 | discussed or reviewed by the review team, including, but not | ||||||
2 | limited to, a recommendation concerning an investigation or | ||||||
3 | prosecution, may be disclosed by the review team upon the | ||||||
4 | completion of its review and at the discretion of a majority of | ||||||
5 | its members who reviewed the case. | ||||||
6 | (e-5) The State shall indemnify and hold harmless members | ||||||
7 | of a review team and the Advisory Council for all their acts, | ||||||
8 | omissions, decisions, or other conduct arising out of the scope | ||||||
9 | of their service on the review team or Advisory Council, except | ||||||
10 | those involving willful or wanton misconduct. The method of | ||||||
11 | providing indemnification shall be as provided in the State | ||||||
12 | Employee Indemnification Act. | ||||||
13 | (f) The Department, in consultation with coroners, medical | ||||||
14 | examiners, and law enforcement agencies, shall use aggregate | ||||||
15 | data gathered by and recommendations from the Advisory Council | ||||||
16 | and the review teams to create an annual report and may use | ||||||
17 | those data and recommendations to develop education, | ||||||
18 | prevention, prosecution, or other strategies designed to | ||||||
19 | improve the coordination of services for at-risk adults and | ||||||
20 | their families. The Department or other State or county agency, | ||||||
21 | in consultation with coroners, medical examiners, and law | ||||||
22 | enforcement agencies, also may use aggregate data gathered by | ||||||
23 | the review teams to create a database of at-risk individuals.
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24 | (g) The Department shall adopt such rules and regulations | ||||||
25 | as it deems necessary to implement this Section. | ||||||
26 | (Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14; 99-78, |
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1 | eff. 7-20-15; 99-530, eff. 1-1-17 .)
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