Public Act 103-0076

SB0855 Enrolled LRB103 03314 RPS 48320 b

AN ACT concerning State government.

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

represented in the General Assembly:

Section 1. This Act may be referred to as the Residential

Facility Safety and Support Act.

Section 5. The Department of Human Services Act is amended

by changing Section 1-17 as follows:

(20 ILCS 1305/1-17)

Sec. 1-17. Inspector General.

(a) Nature and purpose. It is the express intent of the

General Assembly to ensure the health, safety, and financial

condition of individuals receiving services in this State due

to mental illness, developmental disability, or both by

protecting those persons from acts of abuse, neglect, or both

by service providers. To that end, the Office of the Inspector

General for the Department of Human Services is created to

investigate and report upon allegations of the abuse, neglect,

or financial exploitation of individuals receiving services

within mental health facilities, developmental disabilities

facilities, and community agencies operated, licensed, funded,

or certified by the Department of Human Services, but not

licensed or certified by any other State agency.

(b) Definitions. The following definitions apply to this

Section:

"Agency" or "community agency" means (i) a community

agency licensed, funded, or certified by the Department, but

not licensed or certified by any other human services agency

of the State, to provide mental health service or

developmental disabilities service, or (ii) a program

licensed, funded, or certified by the Department, but not

licensed or certified by any other human services agency of

the State, to provide mental health service or developmental

disabilities service.

"Aggravating circumstance" means a factor that is

attendant to a finding and that tends to compound or increase

the culpability of the accused.

"Allegation" means an assertion, complaint, suspicion, or

incident involving any of the following conduct by an

employee, facility, or agency against an individual or

individuals: mental abuse, physical abuse, sexual abuse,

neglect, or financial exploitation.

"Day" means working day, unless otherwise specified.

"Deflection" means a situation in which an individual is

presented for admission to a facility or agency, and the

facility staff or agency staff do not admit the individual.

"Deflection" includes triage, redirection, and denial of

admission.

"Department" means the Department of Human Services.

"Developmental disability" means "developmental

disability" as defined in the Mental Health and Developmental

Disabilities Code.

"Egregious neglect" means a finding of neglect as

determined by the Inspector General that (i) represents a

gross failure to adequately provide for, or a callused

indifference to, the health, safety, or medical needs of an

individual and (ii) results in an individual's death or other

serious deterioration of an individual's physical condition or

mental condition.

"Employee" means any person who provides services at the

facility or agency on-site or off-site. The service

relationship can be with the individual or with the facility

or agency. Also, "employee" includes any employee or

contractual agent of the Department of Human Services or the

community agency involved in providing or monitoring or

administering mental health or developmental disability

services. This includes but is not limited to: owners,

operators, payroll personnel, contractors, subcontractors, and

volunteers.

"Facility" or "State-operated facility" means a mental

health facility or developmental disabilities facility

operated by the Department.

"Financial exploitation" means taking unjust advantage of

an individual's assets, property, or financial resources

through deception, intimidation, or conversion for the

employee's, facility's, or agency's own advantage or benefit.

"Finding" means the Office of Inspector General's

determination regarding whether an allegation is

substantiated, unsubstantiated, or unfounded.

"Health Care Worker Registry" or "Registry" means the

Health Care Worker Registry under the Health Care Worker

Background Check Act.

"Individual" means any person receiving mental health

service, developmental disabilities service, or both from a

facility or agency, while either on-site or off-site.

"Material obstruction of an investigation" means the

purposeful interference with an investigation of physical

abuse, sexual abuse, mental abuse, neglect, or financial

exploitation and includes, but is not limited to, the

withholding or altering of documentation or recorded evidence;

influencing, threatening, or impeding witness testimony;

presenting untruthful information during an interview; failing

to cooperate with an investigation conducted by the Office of

the Inspector General. If an employee, following a criminal

investigation of physical abuse, sexual abuse, mental abuse,

neglect, or financial exploitation, is convicted of an offense

that is factually predicated on the employee presenting

untruthful information during the course of the investigation,

that offense constitutes obstruction of an investigation.

Obstruction of an investigation does not include: an

employee's lawful exercising of his or her constitutional

right against self-incrimination, an employee invoking his or

her lawful rights to union representation as provided by a

collective bargaining agreement or the Illinois Public Labor

Relations Act, or a union representative's lawful activities

providing representation under a collective bargaining

agreement or the Illinois Public Labor Relations Act.

Obstruction of an investigation is considered material when it

could significantly impair an investigator's ability to gather

all relevant facts. An employee shall not be placed on the

Health Care Worker Registry for presenting untruthful

information during an interview conducted by the Office of the

Inspector General, unless, prior to the interview, the

employee was provided with any previous signed statements he

or she made during the course of the investigation.

"Mental abuse" means the use of demeaning, intimidating,

or threatening words, signs, gestures, or other actions by an

employee about an individual and in the presence of an

individual or individuals that results in emotional distress

or maladaptive behavior, or could have resulted in emotional

distress or maladaptive behavior, for any individual present.

"Mental illness" means "mental illness" as defined in the

Mental Health and Developmental Disabilities Code.

"Mentally ill" means having a mental illness.

"Mitigating circumstance" means a condition that (i) is

attendant to a finding, (ii) does not excuse or justify the

conduct in question, but (iii) may be considered in evaluating

the severity of the conduct, the culpability of the accused,

or both the severity of the conduct and the culpability of the

accused.

"Neglect" means an employee's, agency's, or facility's

failure to provide adequate medical care, personal care, or

maintenance and that, as a consequence, (i) causes an

individual pain, injury, or emotional distress, (ii) results

in either an individual's maladaptive behavior or the

deterioration of an individual's physical condition or mental

condition, or (iii) places the individual's health or safety

at substantial risk.

"Person with a developmental disability" means a person

having a developmental disability.

"Physical abuse" means an employee's non-accidental and

inappropriate contact with an individual that causes bodily

harm. "Physical abuse" includes actions that cause bodily harm

as a result of an employee directing an individual or person to

physically abuse another individual.

"Presenting untruthful information" means making a false

statement, material to an investigation of physical abuse,

sexual abuse, mental abuse, neglect, or financial

exploitation, knowing the statement is false.

"Recommendation" means an admonition, separate from a

finding, that requires action by the facility, agency, or

Department to correct a systemic issue, problem, or deficiency

identified during an investigation.

"Required reporter" means any employee who suspects,

witnesses, or is informed of an allegation of any one or more

of the following: mental abuse, physical abuse, sexual abuse,

neglect, or financial exploitation.

"Secretary" means the Chief Administrative Officer of the

Department.

"Sexual abuse" means any sexual contact or intimate

physical contact between an employee and an individual,

including an employee's coercion or encouragement of an

individual to engage in sexual behavior that results in sexual

contact, intimate physical contact, sexual behavior, or

intimate physical behavior. Sexual abuse also includes (i) an

employee's actions that result in the sending or showing of

sexually explicit images to an individual via computer,

cellular phone, electronic mail, portable electronic device,

or other media with or without contact with the individual or

(ii) an employee's posting of sexually explicit images of an

individual online or elsewhere whether or not there is contact

with the individual.

"Sexually explicit images" includes, but is not limited

to, any material which depicts nudity, sexual conduct, or

sado-masochistic abuse, or which contains explicit and

detailed verbal descriptions or narrative accounts of sexual

excitement, sexual conduct, or sado-masochistic abuse.

"Substantiated" means there is a preponderance of the

evidence to support the allegation.

"Unfounded" means there is no credible evidence to support

the allegation.

"Unsubstantiated" means there is credible evidence, but

less than a preponderance of evidence to support the

allegation.

(c) Appointment. The Governor shall appoint, and the

Senate shall confirm, an Inspector General. The Inspector

General shall be appointed for a term of 4 years and shall

function within the Department of Human Services and report to

the Secretary and the Governor.

(d) Operation and appropriation. The Inspector General

shall function independently within the Department with

respect to the operations of the Office, including the

performance of investigations and issuance of findings and

recommendations. The appropriation for the Office of Inspector

General shall be separate from the overall appropriation for

the Department.

(e) Powers and duties. The Inspector General shall

investigate reports of suspected mental abuse, physical abuse,

sexual abuse, neglect, or financial exploitation of

individuals in any mental health or developmental disabilities

facility or agency and shall have authority to take immediate

action to prevent any one or more of the following from

happening to individuals under its jurisdiction: mental abuse,

physical abuse, sexual abuse, neglect, or financial

exploitation. Upon written request of an agency of this State,

the Inspector General may assist another agency of the State

in investigating reports of the abuse, neglect, or abuse and

neglect of persons with mental illness, persons with

developmental disabilities, or persons with both. To comply

with the requirements of subsection (k) of this Section, the

Inspector General shall also review all reportable deaths for

which there is no allegation of abuse or neglect. Nothing in

this Section shall preempt any duties of the Medical Review

Board set forth in the Mental Health and Developmental

Disabilities Code. The Inspector General shall have no

authority to investigate alleged violations of the State

Officials and Employees Ethics Act. Allegations of misconduct

under the State Officials and Employees Ethics Act shall be

referred to the Office of the Governor's Executive Inspector

General for investigation.

(f) Limitations. The Inspector General shall not conduct

an investigation within an agency or facility if that

investigation would be redundant to or interfere with an

investigation conducted by another State agency. The Inspector

General shall have no supervision over, or involvement in, the

routine programmatic, licensing, funding, or certification

operations of the Department. Nothing in this subsection

limits investigations by the Department that may otherwise be

required by law or that may be necessary in the Department's

capacity as central administrative authority responsible for

the operation of the State's mental health and developmental

disabilities facilities.

(g) Rulemaking authority. The Inspector General shall

promulgate rules establishing minimum requirements for

reporting allegations as well as for initiating, conducting,

and completing investigations based upon the nature of the

allegation or allegations. The rules shall clearly establish

that if 2 or more State agencies could investigate an

allegation, the Inspector General shall not conduct an

investigation that would be redundant to, or interfere with,

an investigation conducted by another State agency. The rules

shall further clarify the method and circumstances under which

the Office of Inspector General may interact with the

licensing, funding, or certification units of the Department

in preventing further occurrences of mental abuse, physical

abuse, sexual abuse, neglect, egregious neglect, and financial

exploitation.

(h) Training programs. The Inspector General shall (i)

establish a comprehensive program to ensure that every person

authorized to conduct investigations receives ongoing training

relative to investigation techniques, communication skills,

and the appropriate means of interacting with persons

receiving treatment for mental illness, developmental

disability, or both mental illness and developmental

disability, and (ii) establish and conduct periodic training

programs for facility and agency employees concerning the

prevention and reporting of any one or more of the following:

mental abuse, physical abuse, sexual abuse, neglect, egregious

neglect, or financial exploitation. The Inspector General

shall further ensure (i) every person authorized to conduct

investigations at community agencies receives ongoing training

in Title 59, Parts 115, 116, and 119 of the Illinois

Administrative Code, and (ii) every person authorized to

conduct investigations shall receive ongoing training in Title

59, Part 50 of the Illinois Administrative Code. Nothing in

this Section shall be deemed to prevent the Office of

Inspector General from conducting any other training as

determined by the Inspector General to be necessary or

helpful.

(i) Duty to cooperate.

(1) The Inspector General shall at all times be

granted access to any facility or agency for the purpose

of investigating any allegation, conducting unannounced

site visits, monitoring compliance with a written

response, or completing any other statutorily assigned

duty. The Inspector General shall conduct unannounced site

visits to each facility at least annually for the purpose

of reviewing and making recommendations on systemic issues

relative to preventing, reporting, investigating, and

responding to all of the following: mental abuse, physical

abuse, sexual abuse, neglect, egregious neglect, or

financial exploitation.

(2) Any employee who fails to cooperate with an Office

of the Inspector General investigation is in violation of

this Act. Failure to cooperate with an investigation

includes, but is not limited to, any one or more of the

following: (i) creating and transmitting a false report to

the Office of the Inspector General hotline, (ii)

providing false information to an Office of the Inspector

General Investigator during an investigation, (iii)

colluding with other employees to cover up evidence, (iv)

colluding with other employees to provide false

information to an Office of the Inspector General

investigator, (v) destroying evidence, (vi) withholding

evidence, or (vii) otherwise obstructing an Office of the

Inspector General investigation. Additionally, any

employee who, during an unannounced site visit or written

response compliance check, fails to cooperate with

requests from the Office of the Inspector General is in

violation of this Act.

(j) Subpoena powers. The Inspector General shall have the

power to subpoena witnesses and compel the production of all

documents and physical evidence relating to his or her

investigations and any hearings authorized by this Act. This

subpoena power shall not extend to persons or documents of a

labor organization or its representatives insofar as the

persons are acting in a representative capacity to an employee

whose conduct is the subject of an investigation or the

documents relate to that representation. Any person who

otherwise fails to respond to a subpoena or who knowingly

provides false information to the Office of the Inspector

General by subpoena during an investigation is guilty of a

Class A misdemeanor.

(k) Reporting allegations and deaths.

(1) Allegations. If an employee witnesses, is told of,

or has reason to believe an incident of mental abuse,

physical abuse, sexual abuse, neglect, or financial

exploitation has occurred, the employee, agency, or

facility shall report the allegation by phone to the

Office of the Inspector General hotline according to the

agency's or facility's procedures, but in no event later

than 4 hours after the initial discovery of the incident,

allegation, or suspicion of any one or more of the

following: mental abuse, physical abuse, sexual abuse,

neglect, or financial exploitation. A required reporter as

defined in subsection (b) of this Section who knowingly or

intentionally fails to comply with these reporting

requirements is guilty of a Class A misdemeanor.

(2) Deaths. Absent an allegation, a required reporter

shall, within 24 hours after initial discovery, report by

phone to the Office of the Inspector General hotline each

of the following:

(i) Any death of an individual occurring within 14

calendar days after discharge or transfer of the

individual from a residential program or facility.

(ii) Any death of an individual occurring within

24 hours after deflection from a residential program

or facility.

(iii) Any other death of an individual occurring

at an agency or facility or at any Department-funded

site.

(3) Retaliation. It is a violation of this Act for any

employee or administrator of an agency or facility to take

retaliatory action against an employee who acts in good

faith in conformance with his or her duties as a required

reporter.

(l) Reporting to law enforcement. Reporting criminal acts.

Within 24 hours after determining that there is credible

evidence indicating that a criminal act may have been

committed or that special expertise may be required in an

investigation, the Inspector General shall notify the Illinois

State Police or other appropriate law enforcement authority,

or ensure that such notification is made. The Illinois State

Police shall investigate any report from a State-operated

facility indicating a possible murder, sexual assault, or

other felony by an employee. All investigations conducted by

the Inspector General shall be conducted in a manner designed

to ensure the preservation of evidence for possible use in a

criminal prosecution.

(m) Investigative reports. Upon completion of an

investigation, the Office of Inspector General shall issue an

investigative report identifying whether the allegations are

substantiated, unsubstantiated, or unfounded. Within 10

business days after the transmittal of a completed

investigative report substantiating an allegation, finding an

allegation is unsubstantiated, or if a recommendation is made,

the Inspector General shall provide the investigative report

on the case to the Secretary and to the director of the

facility or agency where any one or more of the following

occurred: mental abuse, physical abuse, sexual abuse, neglect,

egregious neglect, or financial exploitation, or material

obstruction of an investigation. The director of the facility

or agency shall be responsible for maintaining the

confidentiality of the investigative report consistent with

State and federal law. In a substantiated case, the

investigative report shall include any mitigating or

aggravating circumstances that were identified during the

investigation. If the case involves substantiated neglect, the

investigative report shall also state whether egregious

neglect was found. An investigative report may also set forth

recommendations. All investigative reports prepared by the

Office of the Inspector General shall be considered

confidential and shall not be released except as provided by

the law of this State or as required under applicable federal

law. Unsubstantiated and unfounded reports shall not be

disclosed except as allowed under Section 6 of the Abused and

Neglected Long Term Care Facility Residents Reporting Act. Raw

data used to compile the investigative report shall not be

subject to release unless required by law or a court order.

"Raw data used to compile the investigative report" includes,

but is not limited to, any one or more of the following: the

initial complaint, witness statements, photographs,

investigator's notes, police reports, or incident reports. If

the allegations are substantiated, the victim, the victim's

guardian, and the accused shall be provided with a redacted

copy of the investigative report. Death reports where there

was no allegation of abuse or neglect shall only be released

pursuant to applicable State or federal law or a valid court

order. Unredacted investigative reports, as well as raw data,

may be shared with a local law enforcement entity, a State's

Attorney's office, or a county coroner's office upon written

request.

(n) Written responses, clarification requests, and

reconsideration requests.

(1) Written responses. Within 30 calendar days from

receipt of a substantiated investigative report or an

investigative report which contains recommendations,

absent a reconsideration request, the facility or agency

shall file a written response that addresses, in a concise

and reasoned manner, the actions taken to: (i) protect the

individual; (ii) prevent recurrences; and (iii) eliminate

the problems identified. The response shall include the

implementation and completion dates of such actions. If

the written response is not filed within the allotted 30

calendar day period, the Secretary shall determine the

appropriate corrective action to be taken.

(2) Requests for clarification. The facility, agency,

victim or guardian, or the subject employee may request

that the Office of Inspector General clarify the finding

or findings for which clarification is sought.

(3) Requests for reconsideration. The facility,

agency, victim or guardian, or the subject employee may

request that the Office of the Inspector General

reconsider the finding or findings or the recommendations.

A request for reconsideration shall be subject to a

multi-layer review and shall include at least one reviewer

who did not participate in the investigation or approval

of the original investigative report. After the

multi-layer review process has been completed, the

Inspector General shall make the final determination on

the reconsideration request. The investigation shall be

reopened if the reconsideration determination finds that

additional information is needed to complete the

investigative record.

(o) Disclosure of the finding by the Inspector General.

The Inspector General shall disclose the finding of an

investigation to the following persons: (i) the Governor, (ii)

the Secretary, (iii) the director of the facility or agency,

(iv) the alleged victims and their guardians, (v) the

complainant, and (vi) the accused. This information shall

include whether the allegations were deemed substantiated,

unsubstantiated, or unfounded.

(p) Secretary review. Upon review of the Inspector

General's investigative report and any agency's or facility's

written response, the Secretary shall accept or reject the

written response and notify the Inspector General of that

determination. The Secretary may further direct that other

administrative action be taken, including, but not limited to,

any one or more of the following: (i) additional site visits,

(ii) training, (iii) provision of technical assistance

relative to administrative needs, licensure, or certification,

or (iv) the imposition of appropriate sanctions.

(q) Action by facility or agency. Within 30 days of the

date the Secretary approves the written response or directs

that further administrative action be taken, the facility or

agency shall provide an implementation report to the Inspector

General that provides the status of the action taken. The

facility or agency shall be allowed an additional 30 days to

send notice of completion of the action or to send an updated

implementation report. If the action has not been completed

within the additional 30-day period, the facility or agency

shall send updated implementation reports every 60 days until

completion. The Inspector General shall conduct a review of

any implementation plan that takes more than 120 days after

approval to complete, and shall monitor compliance through a

random review of approved written responses, which may

include, but are not limited to: (i) site visits, (ii)

telephone contact, and (iii) requests for additional

documentation evidencing compliance.

(r) Sanctions. Sanctions, if imposed by the Secretary

under Subdivision (p)(iv) of this Section, shall be designed

to prevent further acts of mental abuse, physical abuse,

sexual abuse, neglect, egregious neglect, or financial

exploitation or some combination of one or more of those acts

at a facility or agency, and may include any one or more of the

following:

(1) Appointment of on-site monitors.

(2) Transfer or relocation of an individual or

individuals.

(3) Closure of units.

(4) Termination of any one or more of the following:

(i) Department licensing, (ii) funding, or (iii)

certification.

The Inspector General may seek the assistance of the

Illinois Attorney General or the office of any State's

Attorney in implementing sanctions.

(s) Health Care Worker Registry.

(1) Reporting to the Registry. The Inspector General

shall report to the Department of Public Health's Health

Care Worker Registry, a public registry, the identity and

finding of each employee of a facility or agency against

whom there is a final investigative report prepared by the

Office of the Inspector General containing a substantiated

allegation of physical or sexual abuse, financial

exploitation, or egregious neglect of an individual, or

material obstruction of an investigation, unless the

Inspector General requests a stipulated disposition of the

investigative report that does not include the reporting

of the employee's name to the Health Care Worker Registry

and the Secretary of Human Services agrees with the

requested stipulated disposition.

(2) Notice to employee. Prior to reporting the name of

an employee, the employee shall be notified of the

Department's obligation to report and shall be granted an

opportunity to request an administrative hearing, the sole

purpose of which is to determine if the substantiated

finding warrants reporting to the Registry. Notice to the

employee shall contain a clear and concise statement of

the grounds on which the report to the Registry is based,

offer the employee an opportunity for a hearing, and

identify the process for requesting such a hearing. Notice

is sufficient if provided by certified mail to the

employee's last known address. If the employee fails to

request a hearing within 30 days from the date of the

notice, the Inspector General shall report the name of the

employee to the Registry. Nothing in this subdivision

(s)(2) shall diminish or impair the rights of a person who

is a member of a collective bargaining unit under the

Illinois Public Labor Relations Act or under any other

federal labor statute.

(3) Registry hearings. If the employee requests an

administrative hearing, the employee shall be granted an

opportunity to appear before an administrative law judge

to present reasons why the employee's name should not be

reported to the Registry. The Department shall bear the

burden of presenting evidence that establishes, by a

preponderance of the evidence, that the substantiated

finding warrants reporting to the Registry. After

considering all the evidence presented, the administrative

law judge shall make a recommendation to the Secretary as

to whether the substantiated finding warrants reporting

the name of the employee to the Registry. The Secretary

shall render the final decision. The Department and the

employee shall have the right to request that the

administrative law judge consider a stipulated disposition

of these proceedings.

(4) Testimony at Registry hearings. A person who makes

a report or who investigates a report under this Act shall

testify fully in any judicial proceeding resulting from

such a report, as to any evidence of abuse or neglect, or

the cause thereof. No evidence shall be excluded by reason

of any common law or statutory privilege relating to

communications between the alleged perpetrator of abuse or

neglect, or the individual alleged as the victim in the

report, and the person making or investigating the report.

Testimony at hearings is exempt from the confidentiality

requirements of subsection (f) of Section 10 of the Mental

Health and Developmental Disabilities Confidentiality Act.

(5) Employee's rights to collateral action. No

reporting to the Registry shall occur and no hearing shall

be set or proceed if an employee notifies the Inspector

General in writing, including any supporting

documentation, that he or she is formally contesting an

adverse employment action resulting from a substantiated

finding by complaint filed with the Illinois Civil Service

Commission, or which otherwise seeks to enforce the

employee's rights pursuant to any applicable collective

bargaining agreement. If an action taken by an employer

against an employee as a result of a finding of physical

abuse, sexual abuse, or egregious neglect is overturned

through an action filed with the Illinois Civil Service

Commission or under any applicable collective bargaining

agreement and if that employee's name has already been

sent to the Registry, the employee's name shall be removed

from the Registry.

(6) Removal from Registry. At any time after the

report to the Registry, but no more than once in any

12-month period, an employee may petition the Department

in writing to remove his or her name from the Registry.

Upon receiving notice of such request, the Inspector

General shall conduct an investigation into the petition.

Upon receipt of such request, an administrative hearing

will be set by the Department. At the hearing, the

employee shall bear the burden of presenting evidence that

establishes, by a preponderance of the evidence, that

removal of the name from the Registry is in the public

interest. The parties may jointly request that the

administrative law judge consider a stipulated disposition

of these proceedings.

(t) Review of Administrative Decisions. The Department

shall preserve a record of all proceedings at any formal

hearing conducted by the Department involving Health Care

Worker Registry hearings. Final administrative decisions of

the Department are subject to judicial review pursuant to

provisions of the Administrative Review Law.

(u) Quality Care Board. There is created, within the

Office of the Inspector General, a Quality Care Board to be

composed of 7 members appointed by the Governor with the

advice and consent of the Senate. One of the members shall be

designated as chairman by the Governor. Of the initial

appointments made by the Governor, 4 Board members shall each

be appointed for a term of 4 years and 3 members shall each be

appointed for a term of 2 years. Upon the expiration of each

member's term, a successor shall be appointed for a term of 4

years. In the case of a vacancy in the office of any member,

the Governor shall appoint a successor for the remainder of

the unexpired term.

Members appointed by the Governor shall be qualified by

professional knowledge or experience in the area of law,

investigatory techniques, or in the area of care of the

mentally ill or care of persons with developmental

disabilities. Two members appointed by the Governor shall be

persons with a disability or parents of persons with a

disability. Members shall serve without compensation, but

shall be reimbursed for expenses incurred in connection with

the performance of their duties as members.

The Board shall meet quarterly, and may hold other

meetings on the call of the chairman. Four members shall

constitute a quorum allowing the Board to conduct its

business. The Board may adopt rules and regulations it deems

necessary to govern its own procedures.

The Board shall monitor and oversee the operations,

policies, and procedures of the Inspector General to ensure

the prompt and thorough investigation of allegations of

neglect and abuse. In fulfilling these responsibilities, the

Board may do the following:

(1) Provide independent, expert consultation to the

Inspector General on policies and protocols for

investigations of alleged abuse, neglect, or both abuse

and neglect.

(2) Review existing regulations relating to the

operation of facilities.

(3) Advise the Inspector General as to the content of

training activities authorized under this Section.

(4) Recommend policies concerning methods for

improving the intergovernmental relationships between the

Office of the Inspector General and other State or federal

offices.

(v) Annual report. The Inspector General shall provide to

the General Assembly and the Governor, no later than January 1

of each year, a summary of reports and investigations made

under this Act for the prior fiscal year with respect to

individuals receiving mental health or developmental

disabilities services. The report shall detail the imposition

of sanctions, if any, and the final disposition of any

corrective or administrative action directed by the Secretary.

The summaries shall not contain any confidential or

identifying information of any individual, but shall include

objective data identifying any trends in the number of

reported allegations, the timeliness of the Office of the

Inspector General's investigations, and their disposition, for

each facility and Department-wide, for the most recent 3-year

time period. The report shall also identify, by facility, the

staff-to-patient ratios taking account of direct care staff

only. The report shall also include detailed recommended

administrative actions and matters for consideration by the

General Assembly.

(w) Program audit. The Auditor General shall conduct a

program audit of the Office of the Inspector General on an

as-needed basis, as determined by the Auditor General. The

audit shall specifically include the Inspector General's

compliance with the Act and effectiveness in investigating

reports of allegations occurring in any facility or agency.

The Auditor General shall conduct the program audit according

to the provisions of the Illinois State Auditing Act and shall

report its findings to the General Assembly no later than

January 1 following the audit period.

(x) Nothing in this Section shall be construed to mean

that an individual is a victim of abuse or neglect because of

health care services appropriately provided or not provided by

health care professionals.

(y) Nothing in this Section shall require a facility,

including its employees, agents, medical staff members, and

health care professionals, to provide a service to an

individual in contravention of that individual's stated or

implied objection to the provision of that service on the

ground that that service conflicts with the individual's

religious beliefs or practices, nor shall the failure to

provide a service to an individual be considered abuse under

this Section if the individual has objected to the provision

of that service based on his or her religious beliefs or

practices.

(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21;

102-883, eff. 5-13-22; 102-1071, eff. 6-10-22; revised

7-26-22.)

Section 10. The Mental Health and Developmental

Disabilities Administrative Act is amended by changing Section

7.3 as follows:

(20 ILCS 1705/7.3)

Sec. 7.3. Health Care Worker Registry; finding of abuse or

neglect. The Department shall require that no facility,

service agency, or support agency providing mental health or

developmental disability services that is licensed, certified,

operated, or funded by the Department shall employ a person,

in any capacity, who is identified by the Health Care Worker

Registry as having been the subject of a substantiated finding

of physical abuse, sexual abuse, financial exploitation,

egregious neglect, or material obstruction of an investigation

abuse or neglect of a service recipient. Any owner or operator

of a community agency who is identified by the Health Care

Worker Registry as having been the subject of a substantiated

finding of physical abuse, sexual abuse, financial

exploitation, egregious neglect, or material obstruction of an

investigation abuse or neglect of a service recipient is

prohibited from any involvement in any capacity with the

provision of Department funded mental health or developmental

disability services. The Department shall establish and

maintain the rules that are necessary or appropriate to

effectuate the intent of this Section. The provisions of this

Section shall not apply to any facility, service agency, or

support agency licensed or certified by a State agency other

than the Department, unless operated by the Department of

Human Services.

(Source: P.A. 100-432, eff. 8-25-17.)

Section 15. The Health Care Worker Background Check Act is

amended by changing Section 25 as follows:

(225 ILCS 46/25)

Sec. 25. Hiring of people with criminal records by health

care employers and long-term care facilities.

(a) A health care employer or long-term care facility may

hire, employ, or retain any individual in a position involving

direct care for clients, patients, or residents, or access to

the living quarters or the financial, medical, or personal

records of clients, patients, or residents who has been

convicted of committing or attempting to commit one or more of

the following offenses only with a waiver described in Section

40: those defined in Sections 8-1(b), 8-1.1, 8-1.2, 9-1,

9-1.2, 9-2, 9-2.1, 9-3, 9-3.1, 9-3.2, 9-3.3, 9-3.4, 10-1,

10-2, 10-3, 10-3.1, 10-4, 10-5, 10-7, 11-1.20, 11-1.30,

11-1.40, 11-1.50, 11-1.60, 11-6, 11-9.1, 11-9.2, 11-9.3,

11-9.4-1, 11-9.5, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1,

12-2, 12-3.05, 12-3.1, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-4.2,

12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-7.4, 12-11, 12-13,

12-14, 12-14.1, 12-15, 12-16, 12-19, 12-20.5, 12-21, 12-21.5,

12-21.6, 12-32, 12-33, 12C-5, 12C-10, 16-1, 16-1.3, 16-25,

16A-3, 17-3, 17-56, 18-1, 18-2, 18-3, 18-4, 18-5, 19-1, 19-3,

19-4, 19-6, 20-1, 20-1.1, 24-1, 24-1.2, 24-1.5, 24-1.8,

24-3.8, or 33A-2, or subdivision (a)(4) of Section 11-14.4, or

in subsection (a) of Section 12-3 or subsection (a) or (b) of

Section 12-4.4a, of the Criminal Code of 1961 or the Criminal

Code of 2012; those provided in Section 4 of the Wrongs to

Children Act; those provided in Section 53 of the Criminal

Jurisprudence Act; those defined in subsection (c), (d), (e),

(f), or (g) of Section 5 or Section 5.1, 5.2, 7, or 9 of the

Cannabis Control Act; those defined in the Methamphetamine

Control and Community Protection Act; those defined in

Sections 401, 401.1, 404, 405, 405.1, 407, or 407.1 of the

Illinois Controlled Substances Act; or subsection (a) of

Section 3.01, Section 3.02, or Section 3.03 of the Humane Care

for Animals Act.

(a-1) A health care employer or long-term care facility

may hire, employ, or retain any individual in a position

involving direct care for clients, patients, or residents, or

access to the living quarters or the financial, medical, or

personal records of clients, patients, or residents who has

been convicted of committing or attempting to commit one or

more of the following offenses only with a waiver described in

Section 40: those offenses defined in Section 12-3.3,

12-4.2-5, 16-2, 16-30, 16G-15, 16G-20, 17-33, 17-34, 17-36,

17-44, 18-5, 20-1.2, 24-1.1, 24-1.2-5, 24-1.6, 24-3.2, or

24-3.3, or subsection (b) of Section 17-32, subsection (b) of

Section 18-1, or subsection (b) of Section 20-1, of the

Criminal Code of 1961 or the Criminal Code of 2012; Section 4,

5, 6, 8, or 17.02 of the Illinois Credit Card and Debit Card

Act; or Section 11-9.1A of the Criminal Code of 1961 or the

Criminal Code of 2012 or Section 5.1 of the Wrongs to Children

Act; or (ii) violated Section 50-50 of the Nurse Practice Act.

A health care employer is not required to retain an

individual in a position with duties involving direct care for

clients, patients, or residents, and no long-term care

facility is required to retain an individual in a position

with duties that involve or may involve contact with residents

or access to the living quarters or the financial, medical, or

personal records of residents, who has been convicted of

committing or attempting to commit one or more of the offenses

enumerated in this subsection.

(b) A health care employer shall not hire, employ, or

retain, whether paid or on a volunteer basis, any individual

in a position with duties involving direct care of clients,

patients, or residents, and no long-term care facility shall

knowingly hire, employ, or retain, whether paid or on a

volunteer basis, any individual in a position with duties that

involve or may involve contact with residents or access to the

living quarters or the financial, medical, or personal records

of residents, if the health care employer becomes aware that

the individual has been convicted in another state of

committing or attempting to commit an offense that has the

same or similar elements as an offense listed in subsection

(a) or (a-1), as verified by court records, records from a

state agency, or an FBI criminal history record check, unless

the applicant or employee obtains a waiver pursuant to Section

40 of this Act. This shall not be construed to mean that a

health care employer has an obligation to conduct a criminal

history records check in other states in which an employee has

resided.

(c) A health care employer shall not hire, employ, or

retain, whether paid or on a volunteer basis, any individual

in a position with duties involving direct care of clients,

patients, or residents, who has a finding by the Department of

abuse, neglect, misappropriation of property, or theft denoted

on the Health Care Worker Registry.

(d) A health care employer shall not hire, employ, or

retain, whether paid or on a volunteer basis, any individual

in a position with duties involving direct care of clients,

patients, or residents if the individual has a verified and

substantiated finding of abuse, neglect, or financial

exploitation, as identified within the Adult Protective

Service Registry established under Section 7.5 of the Adult

Protective Services Act.

(e) A health care employer shall not hire, employ, or

retain, whether paid or on a volunteer basis, any individual

in a position with duties involving direct care of clients,

patients, or residents who has a finding by the Department of

Human Services denoted on the Health Care Worker Registry of

physical or sexual abuse, financial exploitation, or egregious

neglect, or material obstruction of an investigation of an

individual denoted on the Health Care Worker Registry.

(Source: P.A. 99-872, eff. 1-1-17; 100-432, eff. 8-25-17.)

Section 99. Effective date. This Act takes effect upon

becoming law.