99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB1947

Introduced 2/20/2015, by Sen. Mattie Hunter

SYNOPSIS AS INTRODUCED:

20 ILCS 1305/1-17

Amends the Department of Human Services Act. Expands the definition of "sexual abuse" to include (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. Defines "sexually explicit images" to include, but not be 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.

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A BILL FOR

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1 AN ACT concerning State government.

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

3 represented in the General Assembly:

4 Section 5. The Department of Human Services Act is amended

5 by changing Section 1-17 as follows:

6 (20 ILCS 1305/1-17)

7 Sec. 1-17. Inspector General.

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

9 General Assembly to ensure the health, safety, and financial

10 condition of individuals receiving services in this State due

11 to mental illness, developmental disability, or both by

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

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

14 General for the Department of Human Services is created to

15 investigate and report upon allegations of the abuse, neglect,

16 or financial exploitation of individuals receiving services

17 within mental health facilities, developmental disabilities

18 facilities, and community agencies operated, licensed, funded

19 or certified by the Department of Human Services, but not

20 licensed or certified by any other State agency.

21 (b) Definitions. The following definitions apply to this

22 Section:

23 "Adult student with a disability" means an adult student,

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1 age 18 through 21, inclusive, with an Individual Education

2 Program, other than a resident of a facility licensed by the

3 Department of Children and Family Services in accordance with

4 the Child Care Act of 1969. For purposes of this definition,

5 "through age 21, inclusive", means through the day before the

6 student's 22nd birthday.

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

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

9 licensed or certified by any other human services agency of the

10 State, to provide mental health service or developmental

11 disabilities service, or (ii) a program licensed, funded, or

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

13 any other human services agency of the State, to provide mental

14 health service or developmental disabilities service.

15 "Aggravating circumstance" means a factor that is

16 attendant to a finding and that tends to compound or increase

17 the culpability of the accused.

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

19 incident involving any of the following conduct by an employee,

20 facility, or agency against an individual or individuals:

21 mental abuse, physical abuse, sexual abuse, neglect, or

22 financial exploitation.

23 "Day" means working day, unless otherwise specified.

24 "Deflection" means a situation in which an individual is

25 presented for admission to a facility or agency, and the

26 facility staff or agency staff do not admit the individual.

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1 "Deflection" includes triage, redirection, and denial of

2 admission.

3 "Department" means the Department of Human Services.

4 "Developmentally disabled" means having a developmental

5 disability.

6 "Developmental disability" means "developmental

7 disability" as defined in the Mental Health and Developmental

8 Disabilities Code.

9 "Egregious neglect" means a finding of neglect as

10 determined by the Inspector General that (i) represents a gross

11 failure to adequately provide for, or a callused indifference

12 to, the health, safety, or medical needs of an individual and

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

14 deterioration of an individual's physical condition or mental

15 condition.

16 "Employee" means any person who provides services at the

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

18 relationship can be with the individual or with the facility or

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

20 agent of the Department of Human Services or the community

21 agency involved in providing or monitoring or administering

22 mental health or developmental disability services. This

23 includes but is not limited to: owners, operators, payroll

24 personnel, contractors, subcontractors, and volunteers.

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

26 health facility or developmental disabilities facility

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1 operated by the Department.

2 "Financial exploitation" means taking unjust advantage of

3 an individual's assets, property, or financial resources

4 through deception, intimidation, or conversion for the

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

6 "Finding" means the Office of Inspector General's

7 determination regarding whether an allegation is

8 substantiated, unsubstantiated, or unfounded.

9 "Health care worker registry" or "registry" means the

10 health care worker registry created by the Nursing Home Care

11 Act.

12 "Individual" means any person receiving mental health

13 service, developmental disabilities service, or both from a

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

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

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

17 employee about an individual and in the presence of an

18 individual or individuals that results in emotional distress or

19 maladaptive behavior, or could have resulted in emotional

20 distress or maladaptive behavior, for any individual present.

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

22 Mental Health and Developmental Disabilities Code.

23 "Mentally ill" means having a mental illness.

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

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

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

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1 the severity of the conduct, the culpability of the accused, or

2 both the severity of the conduct and the culpability of the

3 accused.

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

5 failure to provide adequate medical care, personal care, or

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

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

8 either an individual's maladaptive behavior or the

9 deterioration of an individual's physical condition or mental

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

11 substantial risk.

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

13 inappropriate contact with an individual that causes bodily

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

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

16 physically abuse another individual.

17 "Recommendation" means an admonition, separate from a

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

19 Department to correct a systemic issue, problem, or deficiency

20 identified during an investigation.

21 "Required reporter" means any employee who suspects,

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

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

24 neglect, or financial exploitation.

25 "Secretary" means the Chief Administrative Officer of the

26 Department.

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1 "Sexual abuse" means any sexual contact or intimate

2 physical contact between an employee and an individual,

3 including an employee's coercion or encouragement of an

4 individual to engage in sexual behavior that results in sexual

5 contact, intimate physical contact, sexual behavior, or

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

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

8 sexually explicit images to an individual via computer,

9 cellular phone, electronic mail, portable electronic device,

10 or other media with or without contact with the individual or

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

12 individual online or elsewhere whether or not there is contact

13 with the individual.

14 "Sexually explicit images" includes, but is not limited to,

15 any material which depicts nudity, sexual conduct, or

16 sado-masochistic abuse, or which contains explicit and

17 detailed verbal descriptions or narrative accounts of sexual

18 excitement, sexual conduct, or sado-masochistic abuse.

19 "Substantiated" means there is a preponderance of the

20 evidence to support the allegation.

21 "Unfounded" means there is no credible evidence to support

22 the allegation.

23 "Unsubstantiated" means there is credible evidence, but

24 less than a preponderance of evidence to support the

25 allegation.

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

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1 shall confirm, an Inspector General. The Inspector General

2 shall be appointed for a term of 4 years and shall function

3 within the Department of Human Services and report to the

4 Secretary and the Governor.

5 (d) Operation and appropriation. The Inspector General

6 shall function independently within the Department with

7 respect to the operations of the Office, including the

8 performance of investigations and issuance of findings and

9 recommendations. The appropriation for the Office of Inspector

10 General shall be separate from the overall appropriation for

11 the Department.

12 (e) Powers and duties. The Inspector General shall

13 investigate reports of suspected mental abuse, physical abuse,

14 sexual abuse, neglect, or financial exploitation of

15 individuals in any mental health or developmental disabilities

16 facility or agency and shall have authority to take immediate

17 action to prevent any one or more of the following from

18 happening to individuals under its jurisdiction: mental abuse,

19 physical abuse, sexual abuse, neglect, or financial

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

21 the Inspector General may assist another agency of the State in

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

23 neglect of persons with mental illness, persons with

24 developmental disabilities, or persons with both. To comply

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

26 Inspector General shall also review all reportable deaths for

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

2 this Section shall preempt any duties of the Medical Review

3 Board set forth in the Mental Health and Developmental

4 Disabilities Code. The Inspector General shall have no

5 authority to investigate alleged violations of the State

6 Officials and Employees Ethics Act. Allegations of misconduct

7 under the State Officials and Employees Ethics Act shall be

8 referred to the Office of the Governor's Executive Inspector

9 General for investigation.

10 (f) Limitations. The Inspector General shall not conduct an

11 investigation within an agency or facility if that

12 investigation would be redundant to or interfere with an

13 investigation conducted by another State agency. The Inspector

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

15 routine programmatic, licensing, funding, or certification

16 operations of the Department. Nothing in this subsection limits

17 investigations by the Department that may otherwise be required

18 by law or that may be necessary in the Department's capacity as

19 central administrative authority responsible for the operation

20 of the State's mental health and developmental disabilities

21 facilities.

22 (g) Rulemaking authority. The Inspector General shall

23 promulgate rules establishing minimum requirements for

24 reporting allegations as well as for initiating, conducting,

25 and completing investigations based upon the nature of the

26 allegation or allegations. The rules shall clearly establish

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1 that if 2 or more State agencies could investigate an

2 allegation, the Inspector General shall not conduct an

3 investigation that would be redundant to, or interfere with, an

4 investigation conducted by another State agency. The rules

5 shall further clarify the method and circumstances under which

6 the Office of Inspector General may interact with the

7 licensing, funding, or certification units of the Department in

8 preventing further occurrences of mental abuse, physical

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

10 exploitation.

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

12 establish a comprehensive program to ensure that every person

13 authorized to conduct investigations receives ongoing training

14 relative to investigation techniques, communication skills,

15 and the appropriate means of interacting with persons receiving

16 treatment for mental illness, developmental disability, or

17 both mental illness and developmental disability, and (ii)

18 establish and conduct periodic training programs for facility

19 and agency employees concerning the prevention and reporting of

20 any one or more of the following: mental abuse, physical abuse,

21 sexual abuse, neglect, egregious neglect, or financial

22 exploitation. Nothing in this Section shall be deemed to

23 prevent the Office of Inspector General from conducting any

24 other training as determined by the Inspector General to be

25 necessary or helpful.

26 (i) Duty to cooperate.

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1 (1) The Inspector General shall at all times be granted

2 access to any facility or agency for the purpose of

3 investigating any allegation, conducting unannounced site

4 visits, monitoring compliance with a written response, or

5 completing any other statutorily assigned duty. The

6 Inspector General shall conduct unannounced site visits to

7 each facility at least annually for the purpose of

8 reviewing and making recommendations on systemic issues

9 relative to preventing, reporting, investigating, and

10 responding to all of the following: mental abuse, physical

11 abuse, sexual abuse, neglect, egregious neglect, or

12 financial exploitation.

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

14 of the Inspector General investigation is in violation of

15 this Act. Failure to cooperate with an investigation

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

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

18 the Office of the Inspector General hotline, (ii) providing

19 false information to an Office of the Inspector General

20 Investigator during an investigation, (iii) colluding with

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

22 other employees to provide false information to an Office

23 of the Inspector General investigator, (v) destroying

24 evidence, (vi) withholding evidence, or (vii) otherwise

25 obstructing an Office of the Inspector General

26 investigation. Additionally, any employee who, during an

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1 unannounced site visit or written response compliance

2 check, fails to cooperate with requests from the Office of

3 the Inspector General is in violation of this Act.

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

5 power to subpoena witnesses and compel the production of all

6 documents and physical evidence relating to his or her

7 investigations and any hearings authorized by this Act. This

8 subpoena power shall not extend to persons or documents of a

9 labor organization or its representatives insofar as the

10 persons are acting in a representative capacity to an employee

11 whose conduct is the subject of an investigation or the

12 documents relate to that representation. Any person who

13 otherwise fails to respond to a subpoena or who knowingly

14 provides false information to the Office of the Inspector

15 General by subpoena during an investigation is guilty of a

16 Class A misdemeanor.

17 (k) Reporting allegations and deaths.

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

19 or has reason to believe an incident of mental abuse,

20 physical abuse, sexual abuse, neglect, or financial

21 exploitation has occurred, the employee, agency, or

22 facility shall report the allegation by phone to the Office

23 of the Inspector General hotline according to the agency's

24 or facility's procedures, but in no event later than 4

25 hours after the initial discovery of the incident,

26 allegation, or suspicion of any one or more of the

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1 following: mental abuse, physical abuse, sexual abuse,

2 neglect, or financial exploitation. A required reporter as

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

4 intentionally fails to comply with these reporting

5 requirements is guilty of a Class A misdemeanor.

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

7 shall, within 24 hours after initial discovery, report by

8 phone to the Office of the Inspector General hotline each

9 of the following:

10 (i) Any death of an individual occurring within 14

11 calendar days after discharge or transfer of the

12 individual from a residential program or facility.

13 (ii) Any death of an individual occurring within 24

14 hours after deflection from a residential program or

15 facility.

16 (iii) Any other death of an individual occurring at

17 an agency or facility or at any Department-funded site.

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

19 employee or administrator of an agency or facility to take

20 retaliatory action against an employee who acts in good

21 faith in conformance with his or her duties as a required

22 reporter.

23 (l) Reporting to law enforcement.

24 (1) Reporting criminal acts. Within 24 hours after

25 determining that there is credible evidence indicating

26 that a criminal act may have been committed or that special

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1 expertise may be required in an investigation, the

2 Inspector General shall notify the Department of State

3 Police or other appropriate law enforcement authority, or

4 ensure that such notification is made. The Department of

5 State Police shall investigate any report from a

6 State-operated facility indicating a possible murder,

7 sexual assault, or other felony by an employee. All

8 investigations conducted by the Inspector General shall be

9 conducted in a manner designed to ensure the preservation

10 of evidence for possible use in a criminal prosecution.

11 (2) Reporting allegations of adult students with

12 disabilities. Upon receipt of a reportable allegation

13 regarding an adult student with a disability, the

14 Department's Office of the Inspector General shall

15 determine whether the allegation meets the criteria for the

16 Domestic Abuse Program under the Abuse of Adults with

17 Disabilities Intervention Act. If the allegation is

18 reportable to that program, the Office of the Inspector

19 General shall initiate an investigation. If the allegation

20 is not reportable to the Domestic Abuse Program, the Office

21 of the Inspector General shall make an expeditious referral

22 to the respective law enforcement entity. If the alleged

23 victim is already receiving services from the Department,

24 the Office of the Inspector General shall also make a

25 referral to the respective Department of Human Services'

26 Division or Bureau.

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1 (m) Investigative reports. Upon completion of an

2 investigation, the Office of Inspector General shall issue an

3 investigative report identifying whether the allegations are

4 substantiated, unsubstantiated, or unfounded. Within 10

5 business days after the transmittal of a completed

6 investigative report substantiating an allegation, or if a

7 recommendation is made, the Inspector General shall provide the

8 investigative report on the case to the Secretary and to the

9 director of the facility or agency where any one or more of the

10 following occurred: mental abuse, physical abuse, sexual

11 abuse, neglect, egregious neglect, or financial exploitation.

12 In a substantiated case, the investigative report shall include

13 any mitigating or aggravating circumstances that were

14 identified during the investigation. If the case involves

15 substantiated neglect, the investigative report shall also

16 state whether egregious neglect was found. An investigative

17 report may also set forth recommendations. All investigative

18 reports prepared by the Office of the Inspector General shall

19 be considered confidential and shall not be released except as

20 provided by the law of this State or as required under

21 applicable federal law. Unsubstantiated and unfounded reports

22 shall not be disclosed except as allowed under Section 6 of the

23 Abused and Neglected Long Term Care Facility Residents

24 Reporting Act. Raw data used to compile the investigative

25 report shall not be subject to release unless required by law

26 or a court order. "Raw data used to compile the investigative

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

2 following: the initial complaint, witness statements,

3 photographs, investigator's notes, police reports, or incident

4 reports. If the allegations are substantiated, the accused

5 shall be provided with a redacted copy of the investigative

6 report. Death reports where there was no allegation of abuse or

7 neglect shall only be released pursuant to applicable State or

8 federal law or a valid court order.

9 (n) Written responses and reconsideration requests.

10 (1) Written responses. Within 30 calendar days from

11 receipt of a substantiated investigative report or an

12 investigative report which contains recommendations,

13 absent a reconsideration request, the facility or agency

14 shall file a written response that addresses, in a concise

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

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

17 the problems identified. The response shall include the

18 implementation and completion dates of such actions. If the

19 written response is not filed within the allotted 30

20 calendar day period, the Secretary shall determine the

21 appropriate corrective action to be taken.

22 (2) Reconsideration requests. The facility, agency,

23 victim or guardian, or the subject employee may request

24 that the Office of Inspector General reconsider or clarify

25 its finding based upon additional information.

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

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1 Inspector General shall disclose the finding of an

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

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

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

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

6 include whether the allegations were deemed substantiated,

7 unsubstantiated, or unfounded.

8 (p) Secretary review. Upon review of the Inspector

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

10 written response, the Secretary shall accept or reject the

11 written response and notify the Inspector General of that

12 determination. The Secretary may further direct that other

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

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

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

16 relative to administrative needs, licensure or certification,

17 or (iv) the imposition of appropriate sanctions.

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

19 date the Secretary approves the written response or directs

20 that further administrative action be taken, the facility or

21 agency shall provide an implementation report to the Inspector

22 General that provides the status of the action taken. The

23 facility or agency shall be allowed an additional 30 days to

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

25 implementation report. If the action has not been completed

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

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1 shall send updated implementation reports every 60 days until

2 completion. The Inspector General shall conduct a review of any

3 implementation plan that takes more than 120 days after

4 approval to complete, and shall monitor compliance through a

5 random review of approved written responses, which may include,

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

7 contact, and (iii) requests for additional documentation

8 evidencing compliance.

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

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

11 prevent further acts of mental abuse, physical abuse, sexual

12 abuse, neglect, egregious neglect, or financial exploitation

13 or some combination of one or more of those acts at a facility

14 or agency, and may include any one or more of the following:

15 (1) Appointment of on-site monitors.

16 (2) Transfer or relocation of an individual or

17 individuals.

18 (3) Closure of units.

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

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

21 certification.

22 The Inspector General may seek the assistance of the

23 Illinois Attorney General or the office of any State's Attorney

24 in implementing sanctions.

25 (s) Health care worker registry.

26 (1) Reporting to the registry. The Inspector General

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1 shall report to the Department of Public Health's health

2 care worker registry, a public registry, the identity and

3 finding of each employee of a facility or agency against

4 whom there is a final investigative report containing a

5 substantiated allegation of physical or sexual abuse,

6 financial exploitation, or egregious neglect of an

7 individual.

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

9 an employee, the employee shall be notified of the

10 Department's obligation to report and shall be granted an

11 opportunity to request an administrative hearing, the sole

12 purpose of which is to determine if the substantiated

13 finding warrants reporting to the registry. Notice to the

14 employee shall contain a clear and concise statement of the

15 grounds on which the report to the registry is based, offer

16 the employee an opportunity for a hearing, and identify the

17 process for requesting such a hearing. Notice is sufficient

18 if provided by certified mail to the employee's last known

19 address. If the employee fails to request a hearing within

20 30 days from the date of the notice, the Inspector General

21 shall report the name of the employee to the registry.

22 Nothing in this subdivision (s)(2) shall diminish or impair

23 the rights of a person who is a member of a collective

24 bargaining unit under the Illinois Public Labor Relations

25 Act or under any other federal labor statute.

26 (3) Registry hearings. If the employee requests an

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1 administrative hearing, the employee shall be granted an

2 opportunity to appear before an administrative law judge to

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

4 reported to the registry. The Department shall bear the

5 burden of presenting evidence that establishes, by a

6 preponderance of the evidence, that the substantiated

7 finding warrants reporting to the registry. After

8 considering all the evidence presented, the administrative

9 law judge shall make a recommendation to the Secretary as

10 to whether the substantiated finding warrants reporting

11 the name of the employee to the registry. The Secretary

12 shall render the final decision. The Department and the

13 employee shall have the right to request that the

14 administrative law judge consider a stipulated disposition

15 of these proceedings.

16 (4) Testimony at registry hearings. A person who makes

17 a report or who investigates a report under this Act shall

18 testify fully in any judicial proceeding resulting from

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

20 the cause thereof. No evidence shall be excluded by reason

21 of any common law or statutory privilege relating to

22 communications between the alleged perpetrator of abuse or

23 neglect, or the individual alleged as the victim in the

24 report, and the person making or investigating the report.

25 Testimony at hearings is exempt from the confidentiality

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

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1 Health and Developmental Disabilities Confidentiality Act.

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

3 reporting to the registry shall occur and no hearing shall

4 be set or proceed if an employee notifies the Inspector

5 General in writing, including any supporting

6 documentation, that he or she is formally contesting an

7 adverse employment action resulting from a substantiated

8 finding by complaint filed with the Illinois Civil Service

9 Commission, or which otherwise seeks to enforce the

10 employee's rights pursuant to any applicable collective

11 bargaining agreement. If an action taken by an employer

12 against an employee as a result of a finding of physical

13 abuse, sexual abuse, or egregious neglect is overturned

14 through an action filed with the Illinois Civil Service

15 Commission or under any applicable collective bargaining

16 agreement and if that employee's name has already been sent

17 to the registry, the employee's name shall be removed from

18 the registry.

19 (6) Removal from registry. At any time after the report

20 to the registry, but no more than once in any 12-month

21 period, an employee may petition the Department in writing

22 to remove his or her name from the registry. Upon receiving

23 notice of such request, the Inspector General shall conduct

24 an investigation into the petition. Upon receipt of such

25 request, an administrative hearing will be set by the

26 Department. At the hearing, the employee shall bear the

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1 burden of presenting evidence that establishes, by a

2 preponderance of the evidence, that removal of the name

3 from the registry is in the public interest. The parties

4 may jointly request that the administrative law judge

5 consider a stipulated disposition of these proceedings.

6 (t) Review of Administrative Decisions. The Department

7 shall preserve a record of all proceedings at any formal

8 hearing conducted by the Department involving health care

9 worker registry hearings. Final administrative decisions of

10 the Department are subject to judicial review pursuant to

11 provisions of the Administrative Review Law.

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

13 of the Inspector General, a Quality Care Board to be composed

14 of 7 members appointed by the Governor with the advice and

15 consent of the Senate. One of the members shall be designated

16 as chairman by the Governor. Of the initial appointments made

17 by the Governor, 4 Board members shall each be appointed for a

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

19 term of 2 years. Upon the expiration of each member's term, a

20 successor shall be appointed for a term of 4 years. In the case

21 of a vacancy in the office of any member, the Governor shall

22 appoint a successor for the remainder of the unexpired term.

23 Members appointed by the Governor shall be qualified by

24 professional knowledge or experience in the area of law,

25 investigatory techniques, or in the area of care of the

26 mentally ill or developmentally disabled. Two members

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1 appointed by the Governor shall be persons with a disability or

2 a parent of a person with a disability. Members shall serve

3 without compensation, but shall be reimbursed for expenses

4 incurred in connection with the performance of their duties as

5 members.

6 The Board shall meet quarterly, and may hold other meetings

7 on the call of the chairman. Four members shall constitute a

8 quorum allowing the Board to conduct its business. The Board

9 may adopt rules and regulations it deems necessary to govern

10 its own procedures.

11 The Board shall monitor and oversee the operations,

12 policies, and procedures of the Inspector General to ensure the

13 prompt and thorough investigation of allegations of neglect and

14 abuse. In fulfilling these responsibilities, the Board may do

15 the following:

16 (1) Provide independent, expert consultation to the

17 Inspector General on policies and protocols for

18 investigations of alleged abuse, neglect, or both abuse and

19 neglect.

20 (2) Review existing regulations relating to the

21 operation of facilities.

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

23 training activities authorized under this Section.

24 (4) Recommend policies concerning methods for

25 improving the intergovernmental relationships between the

26 Office of the Inspector General and other State or federal

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1 offices.

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

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

4 of each year, a summary of reports and investigations made

5 under this Act for the prior fiscal year with respect to

6 individuals receiving mental health or developmental

7 disabilities services. The report shall detail the imposition

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

9 corrective or administrative action directed by the Secretary.

10 The summaries shall not contain any confidential or identifying

11 information of any individual, but shall include objective data

12 identifying any trends in the number of reported allegations,

13 the timeliness of the Office of the Inspector General's

14 investigations, and their disposition, for each facility and

15 Department-wide, for the most recent 3-year time period. The

16 report shall also identify, by facility, the staff-to-patient

17 ratios taking account of direct care staff only. The report

18 shall also include detailed recommended administrative actions

19 and matters for consideration by the General Assembly.

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

21 program audit of the Office of the Inspector General on an

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

23 audit shall specifically include the Inspector General's

24 compliance with the Act and effectiveness in investigating

25 reports of allegations occurring in any facility or agency. The

26 Auditor General shall conduct the program audit according to

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1 the provisions of the Illinois State Auditing Act and shall

2 report its findings to the General Assembly no later than

3 January 1 following the audit period.

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

5 a patient is a victim of abuse or neglect because of health

6 care services appropriately provided or not provided by health

7 care professionals.

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

9 including its employees, agents, medical staff members, and

10 health care professionals, to provide a service to a patient in

11 contravention of that patient's stated or implied objection to

12 the provision of that service on the ground that that service

13 conflicts with the patient's religious beliefs or practices,

14 nor shall the failure to provide a service to a patient be

15 considered abuse under this Section if the patient has objected

16 to the provision of that service based on his or her religious

17 beliefs or practices.

18 (Source: P.A. 98-49, eff. 7-1-13; 98-711, eff. 7-16-14.)