Bill Text: IL SB3703 | 2011-2012 | 97th General Assembly | Engrossed

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Bill Title: Amends the Elder Abuse and Neglect Act. Expands the list of persons and agencies that shall have access to all records generated as a result of a report of elder abuse, neglect, financial exploitation, or self-neglect to include a law enforcement agency, fire department agency, or fire protection district having proper jurisdiction pursuant to a written agreement between a provider agency and the law enforcement agency, fire department agency, or fire protection district under which the provider agency may furnish to the law enforcement agency, fire department agency, or fire protection district a list of all eligible adults who may be at imminent risk of elder abuse, neglect, financial exploitation, or self-neglect.

Spectrum: Moderate Partisan Bill (Democrat 10-3)

Status: (Failed) 2013-01-08 - Session Sine Die [SB3703 Detail]

Download: Illinois-2011-SB3703-Engrossed.html

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AN ACT concerning aging.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Elder Abuse and Neglect Act is amended by
changing Section 8 as follows:
(320 ILCS 20/8) (from Ch. 23, par. 6608)
Sec. 8. Access to records. All records concerning reports
of elder abuse, neglect, financial exploitation, or
self-neglect and all records generated as a result of such
reports shall be confidential and shall not be disclosed except
as specifically authorized by this Act or other applicable law.
In accord with established law and Department protocols,
procedures, and policies, access to such records, but not
access to the identity of the person or persons making a report
of alleged abuse, neglect, financial exploitation, or
self-neglect as contained in such records, shall be provided,
upon request, to the following persons and for the following
persons:
(1) Department staff, provider agency staff, other
aging network staff, and regional administrative agency
staff, including staff of the Chicago Department on Aging
while that agency is designated as a regional
administrative agency, in the furtherance of their

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responsibilities under this Act;
(2) A law enforcement agency investigating known or
suspected elder abuse, neglect, financial exploitation, or
self-neglect. Where a provider agency has reason to believe
that the death of an eligible adult may be the result of
abuse or neglect, the agency shall immediately provide the
appropriate law enforcement agency with all records
pertaining to the eligible adult;
(2.5) A law enforcement agency, fire department
agency, or fire protection district having proper
jurisdiction pursuant to a written agreement between a
provider agency and the law enforcement agency, fire
department agency, or fire protection district under which
the provider agency may furnish to the law enforcement
agency, fire department agency, or fire protection
district a list of all eligible adults who may be at
imminent risk of elder abuse, neglect, financial
exploitation, or self-neglect;
(3) A physician who has before him or her or who is
involved in the treatment of an eligible adult whom he or
she reasonably suspects may be abused, neglected,
financially exploited, or self-neglected or who has been
referred to the Elder Abuse and Neglect Program;
(4) An eligible adult reported to be abused, neglected,
financially exploited, or self-neglected, or such adult's
authorized guardian or agent, unless such guardian or agent

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is the abuser or the alleged abuser;
(4.5) An executor or administrator of the estate of an
eligible adult who is deceased;
(5) In cases regarding elder abuse, neglect, or
financial exploitation, a court or a guardian ad litem,
upon its or his or her finding that access to such records
may be necessary for the determination of an issue before
the court. However, such access shall be limited to an in
camera inspection of the records, unless the court
determines that disclosure of the information contained
therein is necessary for the resolution of an issue then
pending before it;
(5.5) In cases regarding self-neglect, a guardian ad
litem;
(6) A grand jury, upon its determination that access to
such records is necessary in the conduct of its official
business;
(7) Any person authorized by the Director, in writing,
for audit or bona fide research purposes;
(8) A coroner or medical examiner who has reason to
believe that an eligible adult has died as the result of
abuse, neglect, financial exploitation, or self-neglect.
The provider agency shall immediately provide the coroner
or medical examiner with all records pertaining to the
eligible adult;
(8.5) A coroner or medical examiner having proper

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jurisdiction, pursuant to a written agreement between a
provider agency and the coroner or medical examiner, under
which the provider agency may furnish to the office of the
coroner or medical examiner a list of all eligible adults
who may be at imminent risk of death as a result of abuse,
neglect, financial exploitation, or self-neglect; and
(9) Department of Professional Regulation staff and
members of the Social Work Examining and Disciplinary Board
in the course of investigating alleged violations of the
Clinical Social Work and Social Work Practice Act by
provider agency staff.
(Source: P.A. 96-526, eff. 1-1-10.)