102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB5186

Introduced , by Rep. William Davis

SYNOPSIS AS INTRODUCED:

See Index

Amends the Illinois Act on the Aging. Removes a provision concerning a bi-monthly report on the progress of the Community Care Program. Amends the Illinois Coal and Energy Development Bond Act. Repeals specified provisions concerning bonds and investments. Amends the Department of Human Services Act. Removes provisions concerning the reporting of allegations of adult students with disabilities. Amends the State Finance Act. Repeals provisions concerning cash flow borrowing and general funds liquidity. Amends the Illinois Procurement Code. Removes a provision requiring the Department of Central Management Services to report on specified State agency reports. Amends the Community Services Act. Removes provisions concerning the creation and duties of a commission related to the financing for community services. Amends the Unified Code of Corrections. Repeals provisions concerning specified annual reports and a residential and transition treatment program for women. Amends the Workers' Compensation Act. Provides requirements concerning the selection of certified independent arbitrators for claims by former and current employees of the Illinois Workers' Compensation Commission. Repeals provision creating a Commission Review Board. Makes conforming and other changes. Effective immediately.

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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 Illinois Act on the Aging is amended by

5 changing Section 4.02 as follows:

6 (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)

7 Sec. 4.02. Community Care Program. The Department shall

8 establish a program of services to prevent unnecessary

9 institutionalization of persons age 60 and older in need of

10 long term care or who are established as persons who suffer

11 from Alzheimer's disease or a related disorder under the

12 Alzheimer's Disease Assistance Act, thereby enabling them to

13 remain in their own homes or in other living arrangements.

14 Such preventive services, which may be coordinated with other

15 programs for the aged and monitored by area agencies on aging

16 in cooperation with the Department, may include, but are not

17 limited to, any or all of the following:

18 (a) (blank);

19 (b) (blank);

20 (c) home care aide services;

21 (d) personal assistant services;

22 (e) adult day services;

23 (f) home-delivered meals;

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1 (g) education in self-care;

2 (h) personal care services;

3 (i) adult day health services;

4 (j) habilitation services;

5 (k) respite care;

6 (k-5) community reintegration services;

7 (k-6) flexible senior services;

8 (k-7) medication management;

9 (k-8) emergency home response;

10 (l) other nonmedical social services that may enable

11 the person to become self-supporting; or

12 (m) clearinghouse for information provided by senior

13 citizen home owners who want to rent rooms to or share

14 living space with other senior citizens.

15 The Department shall establish eligibility standards for

16 such services. In determining the amount and nature of

17 services for which a person may qualify, consideration shall

18 not be given to the value of cash, property or other assets

19 held in the name of the person's spouse pursuant to a written

20 agreement dividing marital property into equal but separate

21 shares or pursuant to a transfer of the person's interest in a

22 home to his spouse, provided that the spouse's share of the

23 marital property is not made available to the person seeking

24 such services.

25 Beginning January 1, 2008, the Department shall require as

26 a condition of eligibility that all new financially eligible

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1 applicants apply for and enroll in medical assistance under

2 Article V of the Illinois Public Aid Code in accordance with

3 rules promulgated by the Department.

4 The Department shall, in conjunction with the Department

5 of Public Aid (now Department of Healthcare and Family

6 Services), seek appropriate amendments under Sections 1915 and

7 1924 of the Social Security Act. The purpose of the amendments

8 shall be to extend eligibility for home and community based

9 services under Sections 1915 and 1924 of the Social Security

10 Act to persons who transfer to or for the benefit of a spouse

11 those amounts of income and resources allowed under Section

12 1924 of the Social Security Act. Subject to the approval of

13 such amendments, the Department shall extend the provisions of

14 Section 5-4 of the Illinois Public Aid Code to persons who, but

15 for the provision of home or community-based services, would

16 require the level of care provided in an institution, as is

17 provided for in federal law. Those persons no longer found to

18 be eligible for receiving noninstitutional services due to

19 changes in the eligibility criteria shall be given 45 days

20 notice prior to actual termination. Those persons receiving

21 notice of termination may contact the Department and request

22 the determination be appealed at any time during the 45 day

23 notice period. The target population identified for the

24 purposes of this Section are persons age 60 and older with an

25 identified service need. Priority shall be given to those who

26 are at imminent risk of institutionalization. The services

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1 shall be provided to eligible persons age 60 and older to the

2 extent that the cost of the services together with the other

3 personal maintenance expenses of the persons are reasonably

4 related to the standards established for care in a group

5 facility appropriate to the person's condition. These

6 non-institutional services, pilot projects or experimental

7 facilities may be provided as part of or in addition to those

8 authorized by federal law or those funded and administered by

9 the Department of Human Services. The Departments of Human

10 Services, Healthcare and Family Services, Public Health,

11 Veterans' Affairs, and Commerce and Economic Opportunity and

12 other appropriate agencies of State, federal and local

13 governments shall cooperate with the Department on Aging in

14 the establishment and development of the non-institutional

15 services. The Department shall require an annual audit from

16 all personal assistant and home care aide vendors contracting

17 with the Department under this Section. The annual audit shall

18 assure that each audited vendor's procedures are in compliance

19 with Department's financial reporting guidelines requiring an

20 administrative and employee wage and benefits cost split as

21 defined in administrative rules. The audit is a public record

22 under the Freedom of Information Act. The Department shall

23 execute, relative to the nursing home prescreening project,

24 written inter-agency agreements with the Department of Human

25 Services and the Department of Healthcare and Family Services,

26 to effect the following: (1) intake procedures and common

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1 eligibility criteria for those persons who are receiving

2 non-institutional services; and (2) the establishment and

3 development of non-institutional services in areas of the

4 State where they are not currently available or are

5 undeveloped. On and after July 1, 1996, all nursing home

6 prescreenings for individuals 60 years of age or older shall

7 be conducted by the Department.

8 As part of the Department on Aging's routine training of

9 case managers and case manager supervisors, the Department may

10 include information on family futures planning for persons who

11 are age 60 or older and who are caregivers of their adult

12 children with developmental disabilities. The content of the

13 training shall be at the Department's discretion.

14 The Department is authorized to establish a system of

15 recipient copayment for services provided under this Section,

16 such copayment to be based upon the recipient's ability to pay

17 but in no case to exceed the actual cost of the services

18 provided. Additionally, any portion of a person's income which

19 is equal to or less than the federal poverty standard shall not

20 be considered by the Department in determining the copayment.

21 The level of such copayment shall be adjusted whenever

22 necessary to reflect any change in the officially designated

23 federal poverty standard.

24 The Department, or the Department's authorized

25 representative, may recover the amount of moneys expended for

26 services provided to or in behalf of a person under this

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1 Section by a claim against the person's estate or against the

2 estate of the person's surviving spouse, but no recovery may

3 be had until after the death of the surviving spouse, if any,

4 and then only at such time when there is no surviving child who

5 is under age 21 or blind or who has a permanent and total

6 disability. This paragraph, however, shall not bar recovery,

7 at the death of the person, of moneys for services provided to

8 the person or in behalf of the person under this Section to

9 which the person was not entitled; provided that such recovery

10 shall not be enforced against any real estate while it is

11 occupied as a homestead by the surviving spouse or other

12 dependent, if no claims by other creditors have been filed

13 against the estate, or, if such claims have been filed, they

14 remain dormant for failure of prosecution or failure of the

15 claimant to compel administration of the estate for the

16 purpose of payment. This paragraph shall not bar recovery from

17 the estate of a spouse, under Sections 1915 and 1924 of the

18 Social Security Act and Section 5-4 of the Illinois Public Aid

19 Code, who precedes a person receiving services under this

20 Section in death. All moneys for services paid to or in behalf

21 of the person under this Section shall be claimed for recovery

22 from the deceased spouse's estate. "Homestead", as used in

23 this paragraph, means the dwelling house and contiguous real

24 estate occupied by a surviving spouse or relative, as defined

25 by the rules and regulations of the Department of Healthcare

26 and Family Services, regardless of the value of the property.

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1 The Department shall increase the effectiveness of the

2 existing Community Care Program by:

3 (1) ensuring that in-home services included in the

4 care plan are available on evenings and weekends;

5 (2) ensuring that care plans contain the services that

6 eligible participants need based on the number of days in

7 a month, not limited to specific blocks of time, as

8 identified by the comprehensive assessment tool selected

9 by the Department for use statewide, not to exceed the

10 total monthly service cost maximum allowed for each

11 service; the Department shall develop administrative rules

12 to implement this item (2);

13 (3) ensuring that the participants have the right to

14 choose the services contained in their care plan and to

15 direct how those services are provided, based on

16 administrative rules established by the Department;

17 (4) ensuring that the determination of need tool is

18 accurate in determining the participants' level of need;

19 to achieve this, the Department, in conjunction with the

20 Older Adult Services Advisory Committee, shall institute a

21 study of the relationship between the Determination of

22 Need scores, level of need, service cost maximums, and the

23 development and utilization of service plans no later than

24 May 1, 2008; findings and recommendations shall be

25 presented to the Governor and the General Assembly no

26 later than January 1, 2009; recommendations shall include

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1 all needed changes to the service cost maximums schedule

2 and additional covered services;

3 (5) ensuring that homemakers can provide personal care

4 services that may or may not involve contact with clients,

5 including but not limited to:

6 (A) bathing;

7 (B) grooming;

8 (C) toileting;

9 (D) nail care;

10 (E) transferring;

11 (F) respiratory services;

12 (G) exercise; or

13 (H) positioning;

14 (6) ensuring that homemaker program vendors are not

15 restricted from hiring homemakers who are family members

16 of clients or recommended by clients; the Department may

17 not, by rule or policy, require homemakers who are family

18 members of clients or recommended by clients to accept

19 assignments in homes other than the client;

20 (7) ensuring that the State may access maximum federal

21 matching funds by seeking approval for the Centers for

22 Medicare and Medicaid Services for modifications to the

23 State's home and community based services waiver and

24 additional waiver opportunities, including applying for

25 enrollment in the Balance Incentive Payment Program by May

26 1, 2013, in order to maximize federal matching funds; this

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1 shall include, but not be limited to, modification that

2 reflects all changes in the Community Care Program

3 services and all increases in the services cost maximum;

4 (8) ensuring that the determination of need tool

5 accurately reflects the service needs of individuals with

6 Alzheimer's disease and related dementia disorders;

7 (9) ensuring that services are authorized accurately

8 and consistently for the Community Care Program (CCP); the

9 Department shall implement a Service Authorization policy

10 directive; the purpose shall be to ensure that eligibility

11 and services are authorized accurately and consistently in

12 the CCP program; the policy directive shall clarify

13 service authorization guidelines to Care Coordination

14 Units and Community Care Program providers no later than

15 May 1, 2013;

16 (10) working in conjunction with Care Coordination

17 Units, the Department of Healthcare and Family Services,

18 the Department of Human Services, Community Care Program

19 providers, and other stakeholders to make improvements to

20 the Medicaid claiming processes and the Medicaid

21 enrollment procedures or requirements as needed,

22 including, but not limited to, specific policy changes or

23 rules to improve the up-front enrollment of participants

24 in the Medicaid program and specific policy changes or

25 rules to insure more prompt submission of bills to the

26 federal government to secure maximum federal matching

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1 dollars as promptly as possible; the Department on Aging

2 shall have at least 3 meetings with stakeholders by

3 January 1, 2014 in order to address these improvements;

4 (11) requiring home care service providers to comply

5 with the rounding of hours worked provisions under the

6 federal Fair Labor Standards Act (FLSA) and as set forth

7 in 29 CFR 785.48(b) by May 1, 2013;

8 (12) implementing any necessary policy changes or

9 promulgating any rules, no later than January 1, 2014, to

10 assist the Department of Healthcare and Family Services in

11 moving as many participants as possible, consistent with

12 federal regulations, into coordinated care plans if a care

13 coordination plan that covers long term care is available

14 in the recipient's area; and

15 (13) maintaining fiscal year 2014 rates at the same

16 level established on January 1, 2013.

17 By January 1, 2009 or as soon after the end of the Cash and

18 Counseling Demonstration Project as is practicable, the

19 Department may, based on its evaluation of the demonstration

20 project, promulgate rules concerning personal assistant

21 services, to include, but need not be limited to,

22 qualifications, employment screening, rights under fair labor

23 standards, training, fiduciary agent, and supervision

24 requirements. All applicants shall be subject to the

25 provisions of the Health Care Worker Background Check Act.

26 The Department shall develop procedures to enhance

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1 availability of services on evenings, weekends, and on an

2 emergency basis to meet the respite needs of caregivers.

3 Procedures shall be developed to permit the utilization of

4 services in successive blocks of 24 hours up to the monthly

5 maximum established by the Department. Workers providing these

6 services shall be appropriately trained.

7 Beginning on the effective date of this amendatory Act of

8 1991, no person may perform chore/housekeeping and home care

9 aide services under a program authorized by this Section

10 unless that person has been issued a certificate of

11 pre-service to do so by his or her employing agency.

12 Information gathered to effect such certification shall

13 include (i) the person's name, (ii) the date the person was

14 hired by his or her current employer, and (iii) the training,

15 including dates and levels. Persons engaged in the program

16 authorized by this Section before the effective date of this

17 amendatory Act of 1991 shall be issued a certificate of all

18 pre- and in-service training from his or her employer upon

19 submitting the necessary information. The employing agency

20 shall be required to retain records of all staff pre- and

21 in-service training, and shall provide such records to the

22 Department upon request and upon termination of the employer's

23 contract with the Department. In addition, the employing

24 agency is responsible for the issuance of certifications of

25 in-service training completed to their employees.

26 The Department is required to develop a system to ensure

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1 that persons working as home care aides and personal

2 assistants receive increases in their wages when the federal

3 minimum wage is increased by requiring vendors to certify that

4 they are meeting the federal minimum wage statute for home

5 care aides and personal assistants. An employer that cannot

6 ensure that the minimum wage increase is being given to home

7 care aides and personal assistants shall be denied any

8 increase in reimbursement costs.

9 The Community Care Program Advisory Committee is created

10 in the Department on Aging. The Director shall appoint

11 individuals to serve in the Committee, who shall serve at

12 their own expense. Members of the Committee must abide by all

13 applicable ethics laws. The Committee shall advise the

14 Department on issues related to the Department's program of

15 services to prevent unnecessary institutionalization. The

16 Committee shall meet on a bi-monthly basis and shall serve to

17 identify and advise the Department on present and potential

18 issues affecting the service delivery network, the program's

19 clients, and the Department and to recommend solution

20 strategies. Persons appointed to the Committee shall be

21 appointed on, but not limited to, their own and their agency's

22 experience with the program, geographic representation, and

23 willingness to serve. The Director shall appoint members to

24 the Committee to represent provider, advocacy, policy

25 research, and other constituencies committed to the delivery

26 of high quality home and community-based services to older

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1 adults. Representatives shall be appointed to ensure

2 representation from community care providers including, but

3 not limited to, adult day service providers, homemaker

4 providers, case coordination and case management units,

5 emergency home response providers, statewide trade or labor

6 unions that represent home care aides and direct care staff,

7 area agencies on aging, adults over age 60, membership

8 organizations representing older adults, and other

9 organizational entities, providers of care, or individuals

10 with demonstrated interest and expertise in the field of home

11 and community care as determined by the Director.

12 Nominations may be presented from any agency or State

13 association with interest in the program. The Director, or his

14 or her designee, shall serve as the permanent co-chair of the

15 advisory committee. One other co-chair shall be nominated and

16 approved by the members of the committee on an annual basis.

17 Committee members' terms of appointment shall be for 4 years

18 with one-quarter of the appointees' terms expiring each year.

19 A member shall continue to serve until his or her replacement

20 is named. The Department shall fill vacancies that have a

21 remaining term of over one year, and this replacement shall

22 occur through the annual replacement of expiring terms. The

23 Director shall designate Department staff to provide technical

24 assistance and staff support to the committee. Department

25 representation shall not constitute membership of the

26 committee. All Committee papers, issues, recommendations,

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1 reports, and meeting memoranda are advisory only. The

2 Director, or his or her designee, shall make a written report,

3 as requested by the Committee, regarding issues before the

4 Committee.

5 The Department on Aging and the Department of Human

6 Services shall cooperate in the development and submission of

7 an annual report on programs and services provided under this

8 Section. Such joint report shall be filed with the Governor

9 and the General Assembly on or before September 30 each year.

10 The requirement for reporting to the General Assembly

11 shall be satisfied by filing copies of the report as required

12 by Section 3.1 of the General Assembly Organization Act and

13 filing such additional copies with the State Government Report

14 Distribution Center for the General Assembly as is required

15 under paragraph (t) of Section 7 of the State Library Act.

16 Those persons previously found eligible for receiving

17 non-institutional services whose services were discontinued

18 under the Emergency Budget Act of Fiscal Year 1992, and who do

19 not meet the eligibility standards in effect on or after July

20 1, 1992, shall remain ineligible on and after July 1, 1992.

21 Those persons previously not required to cost-share and who

22 were required to cost-share effective March 1, 1992, shall

23 continue to meet cost-share requirements on and after July 1,

24 1992. Beginning July 1, 1992, all clients will be required to

25 meet eligibility, cost-share, and other requirements and will

26 have services discontinued or altered when they fail to meet

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1 these requirements.

2 For the purposes of this Section, "flexible senior

3 services" refers to services that require one-time or periodic

4 expenditures including, but not limited to, respite care, home

5 modification, assistive technology, housing assistance, and

6 transportation.

7 The Department shall implement an electronic service

8 verification based on global positioning systems or other

9 cost-effective technology for the Community Care Program no

10 later than January 1, 2014.

11 The Department shall require, as a condition of

12 eligibility, enrollment in the medical assistance program

13 under Article V of the Illinois Public Aid Code (i) beginning

14 August 1, 2013, if the Auditor General has reported that the

15 Department has failed to comply with the reporting

16 requirements of Section 2-27 of the Illinois State Auditing

17 Act; or (ii) beginning June 1, 2014, if the Auditor General has

18 reported that the Department has not undertaken the required

19 actions listed in the report required by subsection (a) of

20 Section 2-27 of the Illinois State Auditing Act.

21 The Department shall delay Community Care Program services

22 until an applicant is determined eligible for medical

23 assistance under Article V of the Illinois Public Aid Code (i)

24 beginning August 1, 2013, if the Auditor General has reported

25 that the Department has failed to comply with the reporting

26 requirements of Section 2-27 of the Illinois State Auditing

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1 Act; or (ii) beginning June 1, 2014, if the Auditor General has

2 reported that the Department has not undertaken the required

3 actions listed in the report required by subsection (a) of

4 Section 2-27 of the Illinois State Auditing Act.

5 The Department shall implement co-payments for the

6 Community Care Program at the federally allowable maximum

7 level (i) beginning August 1, 2013, if the Auditor General has

8 reported that the Department has failed to comply with the

9 reporting requirements of Section 2-27 of the Illinois State

10 Auditing Act; or (ii) beginning June 1, 2014, if the Auditor

11 General has reported that the Department has not undertaken

12 the required actions listed in the report required by

13 subsection (a) of Section 2-27 of the Illinois State Auditing

14 Act.

15 ~~The Department shall provide a bi-monthly report on the~~

16 ~~progress of the Community Care Program reforms set forth in~~

17 ~~this amendatory Act of the 98th General Assembly to the~~

18 ~~Governor, the Speaker of the House of Representatives, the~~

19 ~~Minority Leader of the House of Representatives, the President~~

20 ~~of the Senate, and the Minority Leader of the Senate.~~

21 The Department shall conduct a quarterly review of Care

22 Coordination Unit performance and adherence to service

23 guidelines. The quarterly review shall be reported to the

24 Speaker of the House of Representatives, the Minority Leader

25 of the House of Representatives, the President of the Senate,

26 and the Minority Leader of the Senate. The Department shall

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1 collect and report longitudinal data on the performance of

2 each care coordination unit. Nothing in this paragraph shall

3 be construed to require the Department to identify specific

4 care coordination units.

5 In regard to community care providers, failure to comply

6 with Department on Aging policies shall be cause for

7 disciplinary action, including, but not limited to,

8 disqualification from serving Community Care Program clients.

9 Each provider, upon submission of any bill or invoice to the

10 Department for payment for services rendered, shall include a

11 notarized statement, under penalty of perjury pursuant to

12 Section 1-109 of the Code of Civil Procedure, that the

13 provider has complied with all Department policies.

14 The Director of the Department on Aging shall make

15 information available to the State Board of Elections as may

16 be required by an agreement the State Board of Elections has

17 entered into with a multi-state voter registration list

18 maintenance system.

19 Within 30 days after July 6, 2017 (the effective date of

20 Public Act 100-23), rates shall be increased to $18.29 per

21 hour, for the purpose of increasing, by at least $.72 per hour,

22 the wages paid by those vendors to their employees who provide

23 homemaker services. The Department shall pay an enhanced rate

24 under the Community Care Program to those in-home service

25 provider agencies that offer health insurance coverage as a

26 benefit to their direct service worker employees consistent

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1 with the mandates of Public Act 95-713. For State fiscal years

2 2018 and 2019, the enhanced rate shall be $1.77 per hour. The

3 rate shall be adjusted using actuarial analysis based on the

4 cost of care, but shall not be set below $1.77 per hour. The

5 Department shall adopt rules, including emergency rules under

6 subsections (y) and (bb) of Section 5-45 of the Illinois

7 Administrative Procedure Act, to implement the provisions of

8 this paragraph.

9 The General Assembly finds it necessary to authorize an

10 aggressive Medicaid enrollment initiative designed to maximize

11 federal Medicaid funding for the Community Care Program which

12 produces significant savings for the State of Illinois. The

13 Department on Aging shall establish and implement a Community

14 Care Program Medicaid Initiative. Under the Initiative, the

15 Department on Aging shall, at a minimum: (i) provide an

16 enhanced rate to adequately compensate care coordination units

17 to enroll eligible Community Care Program clients into

18 Medicaid; (ii) use recommendations from a stakeholder

19 committee on how best to implement the Initiative; and (iii)

20 establish requirements for State agencies to make enrollment

21 in the State's Medical Assistance program easier for seniors.

22 The Community Care Program Medicaid Enrollment Oversight

23 Subcommittee is created as a subcommittee of the Older Adult

24 Services Advisory Committee established in Section 35 of the

25 Older Adult Services Act to make recommendations on how best

26 to increase the number of medical assistance recipients who

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1 are enrolled in the Community Care Program. The Subcommittee

2 shall consist of all of the following persons who must be

3 appointed within 30 days after the effective date of this

4 amendatory Act of the 100th General Assembly:

5 (1) The Director of Aging, or his or her designee, who

6 shall serve as the chairperson of the Subcommittee.

7 (2) One representative of the Department of Healthcare

8 and Family Services, appointed by the Director of

9 Healthcare and Family Services.

10 (3) One representative of the Department of Human

11 Services, appointed by the Secretary of Human Services.

12 (4) One individual representing a care coordination

13 unit, appointed by the Director of Aging.

14 (5) One individual from a non-governmental statewide

15 organization that advocates for seniors, appointed by the

16 Director of Aging.

17 (6) One individual representing Area Agencies on

18 Aging, appointed by the Director of Aging.

19 (7) One individual from a statewide association

20 dedicated to Alzheimer's care, support, and research,

21 appointed by the Director of Aging.

22 (8) One individual from an organization that employs

23 persons who provide services under the Community Care

24 Program, appointed by the Director of Aging.

25 (9) One member of a trade or labor union representing

26 persons who provide services under the Community Care

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1 Program, appointed by the Director of Aging.

2 (10) One member of the Senate, who shall serve as

3 co-chairperson, appointed by the President of the Senate.

4 (11) One member of the Senate, who shall serve as

5 co-chairperson, appointed by the Minority Leader of the

6 Senate.

7 (12) One member of the House of Representatives, who

8 shall serve as co-chairperson, appointed by the Speaker of

9 the House of Representatives.

10 (13) One member of the House of Representatives, who

11 shall serve as co-chairperson, appointed by the Minority

12 Leader of the House of Representatives.

13 (14) One individual appointed by a labor organization

14 representing frontline employees at the Department of

15 Human Services.

16 The Subcommittee shall provide oversight to the Community

17 Care Program Medicaid Initiative and shall meet quarterly. At

18 each Subcommittee meeting the Department on Aging shall

19 provide the following data sets to the Subcommittee: (A) the

20 number of Illinois residents, categorized by planning and

21 service area, who are receiving services under the Community

22 Care Program and are enrolled in the State's Medical

23 Assistance Program; (B) the number of Illinois residents,

24 categorized by planning and service area, who are receiving

25 services under the Community Care Program, but are not

26 enrolled in the State's Medical Assistance Program; and (C)

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1 the number of Illinois residents, categorized by planning and

2 service area, who are receiving services under the Community

3 Care Program and are eligible for benefits under the State's

4 Medical Assistance Program, but are not enrolled in the

5 State's Medical Assistance Program. In addition to this data,

6 the Department on Aging shall provide the Subcommittee with

7 plans on how the Department on Aging will reduce the number of

8 Illinois residents who are not enrolled in the State's Medical

9 Assistance Program but who are eligible for medical assistance

10 benefits. The Department on Aging shall enroll in the State's

11 Medical Assistance Program those Illinois residents who

12 receive services under the Community Care Program and are

13 eligible for medical assistance benefits but are not enrolled

14 in the State's Medicaid Assistance Program. The data provided

15 to the Subcommittee shall be made available to the public via

16 the Department on Aging's website.

17 The Department on Aging, with the involvement of the

18 Subcommittee, shall collaborate with the Department of Human

19 Services and the Department of Healthcare and Family Services

20 on how best to achieve the responsibilities of the Community

21 Care Program Medicaid Initiative.

22 The Department on Aging, the Department of Human Services,

23 and the Department of Healthcare and Family Services shall

24 coordinate and implement a streamlined process for seniors to

25 access benefits under the State's Medical Assistance Program.

26 The Subcommittee shall collaborate with the Department of

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1 Human Services on the adoption of a uniform application

2 submission process. The Department of Human Services and any

3 other State agency involved with processing the medical

4 assistance application of any person enrolled in the Community

5 Care Program shall include the appropriate care coordination

6 unit in all communications related to the determination or

7 status of the application.

8 The Community Care Program Medicaid Initiative shall

9 provide targeted funding to care coordination units to help

10 seniors complete their applications for medical assistance

11 benefits. On and after July 1, 2019, care coordination units

12 shall receive no less than $200 per completed application,

13 which rate may be included in a bundled rate for initial intake

14 services when Medicaid application assistance is provided in

15 conjunction with the initial intake process for new program

16 participants.

17 The Community Care Program Medicaid Initiative shall cease

18 operation 5 years after the effective date of this amendatory

19 Act of the 100th General Assembly, after which the

20 Subcommittee shall dissolve.

21 (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;

22 100-1148, eff. 12-10-18; 101-10, eff. 6-5-19.)

23 (20 ILCS 1110/7 rep.)

24 (20 ILCS 1110/8 rep.)

25 (20 ILCS 1110/9 rep.)

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1 (20 ILCS 1110/10 rep.)

2 (20 ILCS 1110/11 rep.)

3 (20 ILCS 1110/12 rep.)

4 (20 ILCS 1110/13 rep.)

5 (20 ILCS 1110/14 rep.)

6 (20 ILCS 1110/15 rep.)

7 (20 ILCS 1110/16 rep.)

8 (20 ILCS 1110/17 rep.)

9 Section 10. The Illinois Coal and Energy Development Bond

10 Act is amended by repealing Sections 7, 8, 9, 10, 11, 12, 13,

11 14, 15, 16, and 17.

12 Section 15. The Department of Human Services Act is

13 amended by changing Section 1-17 as follows:

14 (20 ILCS 1305/1-17)

15 Sec. 1-17. Inspector General.

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

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

18 condition of individuals receiving services in this State due

19 to mental illness, developmental disability, or both by

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

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

22 General for the Department of Human Services is created to

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

24 or financial exploitation of individuals receiving services

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1 within mental health facilities, developmental disabilities

2 facilities, and community agencies operated, licensed, funded,

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

4 licensed or certified by any other State agency.

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

6 Section:

7 ~~"Adult student with a disability" means an adult student,~~

8 ~~age 18 through 21, inclusive, with an Individual Education~~

9 ~~Program, other than a resident of a facility licensed by the~~

10 ~~Department of Children and Family Services in accordance with~~

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

12 ~~"through age 21, inclusive", means through the day before the~~

13 ~~student's 22nd birthday.~~

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

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

16 not licensed or certified by any other human services agency

17 of the State, to provide mental health service or

18 developmental disabilities service, or (ii) a program

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

20 licensed or certified by any other human services agency of

21 the State, to provide mental health service or developmental

22 disabilities service.

23 "Aggravating circumstance" means a factor that is

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

25 the culpability of the accused.

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

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1 incident involving any of the following conduct by an

2 employee, facility, or agency against an individual or

3 individuals: mental abuse, physical abuse, sexual abuse,

4 neglect, or financial exploitation.

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

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

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

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

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

10 admission.

11 "Department" means the Department of Human Services.

12 "Developmental disability" means "developmental

13 disability" as defined in the Mental Health and Developmental

14 Disabilities Code.

15 "Egregious neglect" means a finding of neglect as

16 determined by the Inspector General that (i) represents a

17 gross failure to adequately provide for, or a callused

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

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

20 serious deterioration of an individual's physical condition or

21 mental condition.

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

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

24 relationship can be with the individual or with the facility

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

26 contractual agent of the Department of Human Services or the

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1 community agency involved in providing or monitoring or

2 administering mental health or developmental disability

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

4 operators, payroll personnel, contractors, subcontractors, and

5 volunteers.

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

7 health facility or developmental disabilities facility

8 operated by the Department.

9 "Financial exploitation" means taking unjust advantage of

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

11 through deception, intimidation, or conversion for the

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

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

14 determination regarding whether an allegation is

15 substantiated, unsubstantiated, or unfounded.

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

17 Health Care Worker Registry under the Health Care Worker

18 Background Check Act.

19 "Individual" means any person receiving mental health

20 service, developmental disabilities service, or both from a

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

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

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

24 employee about an individual and in the presence of an

25 individual or individuals that results in emotional distress

26 or maladaptive behavior, or could have resulted in emotional

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1 distress or maladaptive behavior, for any individual present.

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

3 Mental Health and Developmental Disabilities Code.

4 "Mentally ill" means having a mental illness.

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

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

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

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

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

10 accused.

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

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

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

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

15 in either an individual's maladaptive behavior or the

16 deterioration of an individual's physical condition or mental

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

18 at substantial risk.

19 "Person with a developmental disability" means a person

20 having a developmental disability.

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

22 inappropriate contact with an individual that causes bodily

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

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

25 physically abuse another individual.

26 "Recommendation" means an admonition, separate from a

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

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

3 identified during an investigation.

4 "Required reporter" means any employee who suspects,

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

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

7 neglect, or financial exploitation.

8 "Secretary" means the Chief Administrative Officer of the

9 Department.

10 "Sexual abuse" means any sexual contact or intimate

11 physical contact between an employee and an individual,

12 including an employee's coercion or encouragement of an

13 individual to engage in sexual behavior that results in sexual

14 contact, intimate physical contact, sexual behavior, or

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

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

17 sexually explicit images to an individual via computer,

18 cellular phone, electronic mail, portable electronic device,

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

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

21 individual online or elsewhere whether or not there is contact

22 with the individual.

23 "Sexually explicit images" includes, but is not limited

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

25 sado-masochistic abuse, or which contains explicit and

26 detailed verbal descriptions or narrative accounts of sexual

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

2 "Substantiated" means there is a preponderance of the

3 evidence to support the allegation.

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

5 the allegation.

6 "Unsubstantiated" means there is credible evidence, but

7 less than a preponderance of evidence to support the

8 allegation.

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

10 Senate shall confirm, an Inspector General. The Inspector

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

12 function within the Department of Human Services and report to

13 the Secretary and the Governor.

14 (d) Operation and appropriation. The Inspector General

15 shall function independently within the Department with

16 respect to the operations of the Office, including the

17 performance of investigations and issuance of findings and

18 recommendations. The appropriation for the Office of Inspector

19 General shall be separate from the overall appropriation for

20 the Department.

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

22 investigate reports of suspected mental abuse, physical abuse,

23 sexual abuse, neglect, or financial exploitation of

24 individuals in any mental health or developmental disabilities

25 facility or agency and shall have authority to take immediate

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

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1 happening to individuals under its jurisdiction: mental abuse,

2 physical abuse, sexual abuse, neglect, or financial

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

4 the Inspector General may assist another agency of the State

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

6 neglect of persons with mental illness, persons with

7 developmental disabilities, or persons with both. To comply

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

9 Inspector General shall also review all reportable deaths for

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

11 this Section shall preempt any duties of the Medical Review

12 Board set forth in the Mental Health and Developmental

13 Disabilities Code. The Inspector General shall have no

14 authority to investigate alleged violations of the State

15 Officials and Employees Ethics Act. Allegations of misconduct

16 under the State Officials and Employees Ethics Act shall be

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

18 General for investigation.

19 (f) Limitations. The Inspector General shall not conduct

20 an investigation within an agency or facility if that

21 investigation would be redundant to or interfere with an

22 investigation conducted by another State agency. The Inspector

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

24 routine programmatic, licensing, funding, or certification

25 operations of the Department. Nothing in this subsection

26 limits investigations by the Department that may otherwise be

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

2 capacity as central administrative authority responsible for

3 the operation of the State's mental health and developmental

4 disabilities facilities.

5 (g) Rulemaking authority. The Inspector General shall

6 promulgate rules establishing minimum requirements for

7 reporting allegations as well as for initiating, conducting,

8 and completing investigations based upon the nature of the

9 allegation or allegations. The rules shall clearly establish

10 that if 2 or more State agencies could investigate an

11 allegation, the Inspector General shall not conduct an

12 investigation that would be redundant to, or interfere with,

13 an investigation conducted by another State agency. The rules

14 shall further clarify the method and circumstances under which

15 the Office of Inspector General may interact with the

16 licensing, funding, or certification units of the Department

17 in preventing further occurrences of mental abuse, physical

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

19 exploitation.

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

21 establish a comprehensive program to ensure that every person

22 authorized to conduct investigations receives ongoing training

23 relative to investigation techniques, communication skills,

24 and the appropriate means of interacting with persons

25 receiving treatment for mental illness, developmental

26 disability, or both mental illness and developmental

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1 disability, and (ii) establish and conduct periodic training

2 programs for facility and agency employees concerning the

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

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

5 neglect, or financial exploitation. The Inspector General

6 shall further ensure (i) every person authorized to conduct

7 investigations at community agencies receives ongoing training

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

9 Administrative Code, and (ii) every person authorized to

10 conduct investigations shall receive ongoing training in Title

11 59, Part 50 of the Illinois Administrative Code. Nothing in

12 this Section shall be deemed to prevent the Office of

13 Inspector General from conducting any other training as

14 determined by the Inspector General to be necessary or

15 helpful.

16 (i) Duty to cooperate.

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

18 granted access to any facility or agency for the purpose

19 of investigating any allegation, conducting unannounced

20 site visits, monitoring compliance with a written

21 response, or completing any other statutorily assigned

22 duty. The Inspector General shall conduct unannounced site

23 visits to each facility at least annually for the purpose

24 of reviewing and making recommendations on systemic issues

25 relative to preventing, reporting, investigating, and

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

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1 abuse, sexual abuse, neglect, egregious neglect, or

2 financial exploitation.

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

4 of the Inspector General investigation is in violation of

5 this Act. Failure to cooperate with an investigation

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

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

8 the Office of the Inspector General hotline, (ii)

9 providing false information to an Office of the Inspector

10 General Investigator during an investigation, (iii)

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

12 colluding with other employees to provide false

13 information to an Office of the Inspector General

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

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

16 Inspector General investigation. Additionally, any

17 employee who, during an unannounced site visit or written

18 response compliance check, fails to cooperate with

19 requests from the Office of the Inspector General is in

20 violation of this Act.

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

22 power to subpoena witnesses and compel the production of all

23 documents and physical evidence relating to his or her

24 investigations and any hearings authorized by this Act. This

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

26 labor organization or its representatives insofar as the

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1 persons are acting in a representative capacity to an employee

2 whose conduct is the subject of an investigation or the

3 documents relate to that representation. Any person who

4 otherwise fails to respond to a subpoena or who knowingly

5 provides false information to the Office of the Inspector

6 General by subpoena during an investigation is guilty of a

7 Class A misdemeanor.

8 (k) Reporting allegations and deaths.

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

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

11 physical abuse, sexual abuse, neglect, or financial

12 exploitation has occurred, the employee, agency, or

13 facility shall report the allegation by phone to the

14 Office of the Inspector General hotline according to the

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

16 than 4 hours after the initial discovery of the incident,

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

18 following: mental abuse, physical abuse, sexual abuse,

19 neglect, or financial exploitation. A required reporter as

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

21 intentionally fails to comply with these reporting

22 requirements is guilty of a Class A misdemeanor.

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

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

25 phone to the Office of the Inspector General hotline each

26 of the following:

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

2 calendar days after discharge or transfer of the

3 individual from a residential program or facility.

4 (ii) Any death of an individual occurring within

5 24 hours after deflection from a residential program

6 or facility.

7 (iii) Any other death of an individual occurring

8 at an agency or facility or at any Department-funded

9 site.

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

11 employee or administrator of an agency or facility to take

12 retaliatory action against an employee who acts in good

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

14 reporter.

15 (l) Reporting to law enforcement. ~~(1)~~ Reporting criminal

16 acts. Within 24 hours after determining that there is credible

17 evidence indicating that a criminal act may have been

18 committed or that special expertise may be required in an

19 investigation, the Inspector General shall notify the Illinois

20 State Police or other appropriate law enforcement authority,

21 or ensure that such notification is made. The Illinois State

22 Police shall investigate any report from a State-operated

23 facility indicating a possible murder, sexual assault, or

24 other felony by an employee. All investigations conducted by

25 the Inspector General shall be conducted in a manner designed

26 to ensure the preservation of evidence for possible use in a

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1 criminal prosecution.

2 ~~(2) Reporting allegations of adult students with~~

3 ~~disabilities. Upon receipt of a reportable allegation~~

4 ~~regarding an adult student with a disability, the~~

5 ~~Department's Office of the Inspector General shall~~

6 ~~determine whether the allegation meets the criteria for~~

7 ~~the Domestic Abuse Program under the Abuse of Adults with~~

8 ~~Disabilities Intervention Act. If the allegation is~~

9 ~~reportable to that program, the Office of the Inspector~~

10 ~~General shall initiate an investigation. If the allegation~~

11 ~~is not reportable to the Domestic Abuse Program, the~~

12 ~~Office of the Inspector General shall make an expeditious~~

13 ~~referral to the respective law enforcement entity. If the~~

14 ~~alleged victim is already receiving services from the~~

15 ~~Department, the Office of the Inspector General shall also~~

16 ~~make a referral to the respective Department of Human~~

17 ~~Services' Division or Bureau.~~

18 (m) Investigative reports. Upon completion of an

19 investigation, the Office of Inspector General shall issue an

20 investigative report identifying whether the allegations are

21 substantiated, unsubstantiated, or unfounded. Within 10

22 business days after the transmittal of a completed

23 investigative report substantiating an allegation, finding an

24 allegation is unsubstantiated, or if a recommendation is made,

25 the Inspector General shall provide the investigative report

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

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1 facility or agency where any one or more of the following

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

3 egregious neglect, or financial exploitation. The director of

4 the facility or agency shall be responsible for maintaining

5 the confidentiality of the investigative report consistent

6 with State and federal law. In a substantiated case, the

7 investigative report shall include any mitigating or

8 aggravating circumstances that were identified during the

9 investigation. If the case involves substantiated neglect, the

10 investigative report shall also state whether egregious

11 neglect was found. An investigative report may also set forth

12 recommendations. All investigative reports prepared by the

13 Office of the Inspector General shall be considered

14 confidential and shall not be released except as provided by

15 the law of this State or as required under applicable federal

16 law. Unsubstantiated and unfounded reports shall not be

17 disclosed except as allowed under Section 6 of the Abused and

18 Neglected Long Term Care Facility Residents Reporting Act. Raw

19 data used to compile the investigative report shall not be

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

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

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

23 initial complaint, witness statements, photographs,

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

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

26 guardian, and the accused shall be provided with a redacted

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1 copy of the investigative report. Death reports where there

2 was no allegation of abuse or neglect shall only be released

3 pursuant to applicable State or federal law or a valid court

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

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

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

7 request.

8 (n) Written responses, clarification requests, and

9 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

19 the 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) Requests for clarification. The facility, agency,

23 victim or guardian, or the subject employee may request

24 that the Office of Inspector General clarify the finding

25 or findings for which clarification is sought.

26 (3) Requests for reconsideration. The facility,

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1 agency, victim or guardian, or the subject employee may

2 request that the Office of the Inspector General

3 reconsider the finding or findings or the recommendations.

4 A request for reconsideration shall be subject to a

5 multi-layer review and shall include at least one reviewer

6 who did not participate in the investigation or approval

7 of the original investigative report. After the

8 multi-layer review process has been completed, the

9 Inspector General shall make the final determination on

10 the reconsideration request. The investigation shall be

11 reopened if the reconsideration determination finds that

12 additional information is needed to complete the

13 investigative record.

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

15 The Inspector General shall disclose the finding of an

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

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

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

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

20 include whether the allegations were deemed substantiated,

21 unsubstantiated, or unfounded.

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

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

24 written response, the Secretary shall accept or reject the

25 written response and notify the Inspector General of that

26 determination. The Secretary may further direct that other

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

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

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

4 relative to administrative needs, licensure, or certification,

5 or (iv) the imposition of appropriate sanctions.

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

7 date the Secretary approves the written response or directs

8 that further administrative action be taken, the facility or

9 agency shall provide an implementation report to the Inspector

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

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

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

13 implementation report. If the action has not been completed

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

15 shall send updated implementation reports every 60 days until

16 completion. The Inspector General shall conduct a review of

17 any implementation plan that takes more than 120 days after

18 approval to complete, and shall monitor compliance through a

19 random review of approved written responses, which may

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

21 telephone contact, and (iii) requests for additional

22 documentation evidencing compliance.

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

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

25 to prevent further acts of mental abuse, physical abuse,

26 sexual abuse, neglect, egregious neglect, or financial

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1 exploitation or some combination of one or more of those acts

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

3 following:

4 (1) Appointment of on-site monitors.

5 (2) Transfer or relocation of an individual or

6 individuals.

7 (3) Closure of units.

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

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

10 certification.

11 The Inspector General may seek the assistance of the

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

13 Attorney in implementing sanctions.

14 (s) Health Care Worker Registry.

15 (1) Reporting to the Registry. The Inspector General

16 shall report to the Department of Public Health's Health

17 Care Worker Registry, a public registry, the identity and

18 finding of each employee of a facility or agency against

19 whom there is a final investigative report containing a

20 substantiated allegation of physical or sexual abuse,

21 financial exploitation, or egregious neglect of an

22 individual.

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

24 an employee, the employee shall be notified of the

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

26 opportunity to request an administrative hearing, the sole

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1 purpose of which is to determine if the substantiated

2 finding warrants reporting to the Registry. Notice to the

3 employee shall contain a clear and concise statement of

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

5 offer the employee an opportunity for a hearing, and

6 identify the process for requesting such a hearing. Notice

7 is sufficient if provided by certified mail to the

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

9 request a hearing within 30 days from the date of the

10 notice, the Inspector General shall report the name of the

11 employee to the Registry. Nothing in this subdivision

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

13 is a member of a collective bargaining unit under the

14 Illinois Public Labor Relations Act or under any other

15 federal labor statute.

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

17 administrative hearing, the employee shall be granted an

18 opportunity to appear before an administrative law judge

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

20 reported to the Registry. The Department shall bear the

21 burden of presenting evidence that establishes, by a

22 preponderance of the evidence, that the substantiated

23 finding warrants reporting to the Registry. After

24 considering all the evidence presented, the administrative

25 law judge shall make a recommendation to the Secretary as

26 to whether the substantiated finding warrants reporting

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1 the name of the employee to the Registry. The Secretary

2 shall render the final decision. The Department and the

3 employee shall have the right to request that the

4 administrative law judge consider a stipulated disposition

5 of these proceedings.

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

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

8 testify fully in any judicial proceeding resulting from

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

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

11 of any common law or statutory privilege relating to

12 communications between the alleged perpetrator of abuse or

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

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

15 Testimony at hearings is exempt from the confidentiality

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

17 Health and Developmental Disabilities Confidentiality Act.

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

19 reporting to the Registry shall occur and no hearing shall

20 be set or proceed if an employee notifies the Inspector

21 General in writing, including any supporting

22 documentation, that he or she is formally contesting an

23 adverse employment action resulting from a substantiated

24 finding by complaint filed with the Illinois Civil Service

25 Commission, or which otherwise seeks to enforce the

26 employee's rights pursuant to any applicable collective

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1 bargaining agreement. If an action taken by an employer

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

3 abuse, sexual abuse, or egregious neglect is overturned

4 through an action filed with the Illinois Civil Service

5 Commission or under any applicable collective bargaining

6 agreement and if that employee's name has already been

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

8 from the Registry.

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

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

11 12-month period, an employee may petition the Department

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

13 Upon receiving notice of such request, the Inspector

14 General shall conduct an investigation into the petition.

15 Upon receipt of such request, an administrative hearing

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

17 employee shall bear the burden of presenting evidence that

18 establishes, by a preponderance of the evidence, that

19 removal of the name from the Registry is in the public

20 interest. The parties may jointly request that the

21 administrative law judge consider a stipulated disposition

22 of these proceedings.

23 (t) Review of Administrative Decisions. The Department

24 shall preserve a record of all proceedings at any formal

25 hearing conducted by the Department involving Health Care

26 Worker Registry hearings. Final administrative decisions of

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1 the Department are subject to judicial review pursuant to

2 provisions of the Administrative Review Law.

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

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

5 composed of 7 members appointed by the Governor with the

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

7 designated as chairman by the Governor. Of the initial

8 appointments made by the Governor, 4 Board members shall each

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

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

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

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

13 the Governor shall appoint a successor for the remainder of

14 the unexpired term.

15 Members appointed by the Governor shall be qualified by

16 professional knowledge or experience in the area of law,

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

18 mentally ill or care of persons with developmental

19 disabilities. Two members appointed by the Governor shall be

20 persons with a disability or parents of persons with a

21 disability. Members shall serve without compensation, but

22 shall be reimbursed for expenses incurred in connection with

23 the performance of their duties as members.

24 The Board shall meet quarterly, and may hold other

25 meetings on the call of the chairman. Four members shall

26 constitute a quorum allowing the Board to conduct its

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1 business. The Board may adopt rules and regulations it deems

2 necessary to govern its own procedures.

3 The Board shall monitor and oversee the operations,

4 policies, and procedures of the Inspector General to ensure

5 the prompt and thorough investigation of allegations of

6 neglect and abuse. In fulfilling these responsibilities, the

7 Board may do the following:

8 (1) Provide independent, expert consultation to the

9 Inspector General on policies and protocols for

10 investigations of alleged abuse, neglect, or both abuse

11 and neglect.

12 (2) Review existing regulations relating to the

13 operation of facilities.

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

15 training activities authorized under this Section.

16 (4) Recommend policies concerning methods for

17 improving the intergovernmental relationships between the

18 Office of the Inspector General and other State or federal

19 offices.

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

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

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

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

24 individuals receiving mental health or developmental

25 disabilities services. The report shall detail the imposition

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

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1 corrective or administrative action directed by the Secretary.

2 The summaries shall not contain any confidential or

3 identifying information of any individual, but shall include

4 objective data identifying any trends in the number of

5 reported allegations, the timeliness of the Office of the

6 Inspector General's investigations, and their disposition, for

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

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

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

10 only. The report shall also include detailed recommended

11 administrative actions and matters for consideration by the

12 General Assembly.

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

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

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

16 audit shall specifically include the Inspector General's

17 compliance with the Act and effectiveness in investigating

18 reports of allegations occurring in any facility or agency.

19 The Auditor General shall conduct the program audit according

20 to the provisions of the Illinois State Auditing Act and shall

21 report its findings to the General Assembly no later than

22 January 1 following the audit period.

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

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

25 health care services appropriately provided or not provided by

26 health care professionals.

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

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

3 health care professionals, to provide a service to an

4 individual in contravention of that individual's stated or

5 implied objection to the provision of that service on the

6 ground that that service conflicts with the individual's

7 religious beliefs or practices, nor shall the failure to

8 provide a service to an individual be considered abuse under

9 this Section if the individual has objected to the provision

10 of that service based on his or her religious beliefs or

11 practices.

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

13 (20 ILCS 2712/Act rep.)

14 Section 20. The Broadband Access on Passenger Rail Law is

15 repealed.

16 (20 ILCS 3930/7.6 rep.)

17 Section 25. The Illinois Criminal Justice Information Act

18 is amended by repealing Section 7.6.

19 (20 ILCS 5035/Act rep.)

20 Section 30. The Illinois Human Services Commission Act is

21 repealed.

22 (30 ILCS 105/5h rep.)

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1 Section 35. The State Finance Act is amended by repealing

2 Section 5h.

3 Section 40. The Illinois Procurement Code is amended by

4 changing Section 25-55 as follows:

5 (30 ILCS 500/25-55)

6 Sec. 25-55. Annual reports. Every printed annual report

7 produced by a State agency shall bear a statement indicating

8 whether it was printed by the State of Illinois or by contract

9 and indicating the printing cost per copy and the number of

10 copies printed.~~The Department of Central Management Services~~

11 ~~shall prepare and submit to the General Assembly on the fourth~~

12 ~~Wednesday of January in each year a report setting forth with~~

13 ~~respect to each State agency for the calendar year immediately~~

14 ~~preceding the calendar year in which the report is filed the~~

15 ~~total quantity of annual reports printed, the total cost, and~~

16 ~~the cost per copy and the cost per page of the annual report of~~

17 ~~the State agency printed during the calendar year covered by~~

18 ~~the report.~~

19 (Source: P.A. 90-572, eff. date - See Sec. 99-5.)

20 (205 ILCS 405/3.2 rep.)

21 Section 45. The Currency Exchange Act is amended by

22 repealing Section 3.2.

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1 Section 50. The Grain Code is amended by changing Section

2 30-25 as follows:

3 (240 ILCS 40/30-25)

4 Sec. 30-25. Grain Insurance Reserve Fund. Upon payment in

5 full of all money that has been transferred to the Fund prior

6 to June 30, 2003 from the General Revenue Fund as provided for

7 under subsection (h) of Section 25-20, the State of Illinois

8 shall, subject to appropriation, remit $2,000,000 to the

9 Corporation to be held in a separate and discrete account to be

10 used to the extent the assets in the Fund are insufficient to

11 satisfy claimants as payment of their claims become due as set

12 forth in subsection (h) of Section 25-20. The remittance of

13 the $2,000,000 reserve shall be made to the Corporation within

14 60 days of payment in full of all money transferred to the Fund

15 as set forth above in this Section 30-25. All income received

16 by the Reserve Fund shall be deposited in the Fund within 35

17 days of the end of each calendar quarter.

18 (Source: P.A. 93-225, eff. 7-21-03.)

19 Section 55. The Community Services Act is amended by

20 changing Section 4 as follows:

21 (405 ILCS 30/4) (from Ch. 91 1/2, par. 904)

22 Sec. 4. Financing for community services.

23 (a) The Department of Human Services is authorized to

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1 provide financial reimbursement to eligible private service

2 providers, corporations, local government entities or

3 voluntary associations for the provision of services to

4 persons with mental illness, persons with a developmental

5 disability, and persons with substance use disorders who are

6 living in the community for the purpose of achieving the goals

7 of this Act.

8 The Department shall utilize the following funding

9 mechanisms for community services:

10 (1) Purchase of Care Contracts: services purchased on

11 a predetermined fee per unit of service basis from private

12 providers or governmental entities. Fee per service rates

13 are set by an established formula which covers some

14 portion of personnel, supplies, and other allowable costs,

15 and which makes some allowance for geographic variations

16 in costs as well as for additional program components.

17 (2) Grants: sums of money which the Department grants

18 to private providers or governmental entities pursuant to

19 the grant recipient's agreement to provide certain

20 services, as defined by departmental grant guidelines, to

21 an approximate number of service recipients. Grant levels

22 are set through consideration of personnel, supply and

23 other allowable costs, as well as other funds available to

24 the program.

25 (3) Other Funding Arrangements: funding mechanisms may

26 be established on a pilot basis in order to examine the

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1 feasibility of alternative financing arrangements for the

2 provision of community services.

3 The Department shall establish and maintain an equitable

4 system of payment which allows providers to improve persons

5 with disabilities' capabilities for independence and reduces

6 their reliance on State-operated services.

7 For services classified as entitlement services under

8 federal law or guidelines, caps may not be placed on the total

9 amount of payment a provider may receive in a fiscal year and

10 the Department shall not require that a portion of the

11 payments due be made in a subsequent fiscal year based on a

12 yearly payment cap.

13 (b) (Blank). ~~The Governor shall create a commission by~~

14 ~~September 1, 2009, or as soon thereafter as possible, to~~

15 ~~review funding methodologies, identify gaps in funding,~~

16 ~~identify revenue, and prioritize use of that revenue for~~

17 ~~community developmental disability services, mental health~~

18 ~~services, alcohol and substance abuse services, rehabilitation~~

19 ~~services, and early intervention services. The Office of the~~

20 ~~Governor shall provide staff support for the commission.~~

21 (c) (Blank). ~~The first meeting of the commission shall be~~

22 ~~held within the first month after the creation and appointment~~

23 ~~of the commission, and a final report summarizing the~~

24 ~~commission's recommendations must be issued within 12 months~~

25 ~~after the first meeting, and no later than September 1, 2010,~~

26 ~~to the Governor and the General Assembly.~~

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1 (d) (Blank). ~~The commission shall have the following 13~~

2 ~~voting members:~~

3 ~~(A) one member of the House of Representatives,~~

4 ~~appointed by the Speaker of the House of Representatives;~~

5 ~~(B) one member of the House of Representatives,~~

6 ~~appointed by the House Minority Leader;~~

7 ~~(C) one member of the Senate, appointed by the~~

8 ~~President of the Senate;~~

9 ~~(D) one member of the Senate, appointed by the Senate~~

10 ~~Minority Leader;~~

11 ~~(E) one person with a developmental disability, or a~~

12 ~~family member or guardian of such a person, appointed by~~

13 ~~the Governor;~~

14 ~~(F) one person with a mental illness, or a family~~

15 ~~member or guardian of such a person, appointed by the~~

16 ~~Governor;~~

17 ~~(G) two persons from unions that represent employees~~

18 ~~of community providers that serve people with~~

19 ~~developmental disabilities, mental illness, and alcohol~~

20 ~~and substance abuse disorders, appointed by the Governor;~~

21 ~~and~~

22 ~~(H) five persons from statewide associations that~~

23 ~~represent community providers that provide residential,~~

24 ~~day training, and other developmental disability services,~~

25 ~~mental health services, alcohol and substance abuse~~

26 ~~services, rehabilitation services, or early intervention~~

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1 ~~services, or any combination of those, appointed by the~~

2 ~~Governor.~~

3 ~~The commission shall also have the following ex-officio,~~

4 ~~nonvoting members:~~

5 ~~(I) the Director of the Governor's Office of~~

6 ~~Management and Budget or his or her designee;~~

7 ~~(J) the Chief Financial Officer of the Department of~~

8 ~~Human Services or his or her designee;~~

9 ~~(K) the Administrator of the Department of Healthcare~~

10 ~~and Family Services Division of Finance or his or her~~

11 ~~designee;~~

12 ~~(L) the Director of the Department of Human Services~~

13 ~~Division of Developmental Disabilities or his or her~~

14 ~~designee;~~

15 ~~(M) the Director of the Department of Human Services~~

16 ~~Division of Mental Health or his or her designee; and~~

17 ~~(N) the Director of the Department of Human Services~~

18 ~~Division of Alcoholism and Substance Abuse or his or her~~

19 ~~designee.~~

20 (e) The funding methodologies must reflect economic

21 factors inherent in providing services and supports, recognize

22 individual disability needs, and consider geographic

23 differences, transportation costs, required staffing ratios,

24 and mandates not currently funded.

25 (f) In accepting Department funds, providers shall

26 recognize their responsibility to be accountable to the

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1 Department and the State for the delivery of services which

2 are consistent with the philosophies and goals of this Act and

3 the rules and regulations promulgated under it.

4 (Source: P.A. 100-759, eff. 1-1-19.)

5 (730 ILCS 5/3-5-3 rep.)

6 (730 ILCS 5/5-8-1.3 rep.)

7 Section 60. The Unified Code of Corrections is amended by

8 repealing Sections 3-5-3 and 5-8-1.3.

9 Section 65. The Workers' Compensation Act is amended by

10 changing Section 18.1 as follows:

11 (820 ILCS 305/18.1)

12 Sec. 18.1. Claims by former and current employees of the

13 Commission. All claims by current and former employees and

14 appointees of the Commission shall be assigned to a certified

15 independent arbitrator not employed by the Commission

16 designated by the Chairman. In preparing the roster of

17 approved certified independent arbitrators, the Chairman shall

18 seek the advice and recommendation of the Commission or the

19 Workers' Compensation Advisory Board at his or her discretion.

20 ~~The Chairman shall designate an arbitrator from a list of~~

21 ~~approved certified arbitrators provided by the Commission~~

22 ~~Review Board.~~ If the Chairman is the claimant, then the

23 independent arbitrator from the approved list shall be

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1 designated by the longest serving Commissioner. The designated

2 independent arbitrator shall have the authority of arbitrators

3 of the Commission regarding settlement and adjudication of the

4 claim of the current and former employees and appointees of

5 the Commission. The decision of the independent arbitrator

6 shall become the decision of the Commission. An appeal of the

7 independent arbitrator's decision shall be subject to judicial

8 review in accordance with subsection (f) of Section 19.

9 (Source: P.A. 97-18, eff. 6-28-11.)

10 (820 ILCS 305/14.1 rep.)

11 Section 70. The Workers' Compensation Act is amended by

12 repealing Section 14.1.

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

14 becoming law.

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1 INDEX

2 Statutes amended in order of appearance

3 20 ILCS 105/4.02 from Ch. 23, par. 6104.02

4 20 ILCS 1110/7 rep.

5 20 ILCS 1110/8 rep.

6 20 ILCS 1110/9 rep.

7 20 ILCS 1110/10 rep.

8 20 ILCS 1110/11 rep.

9 20 ILCS 1110/12 rep.

10 20 ILCS 1110/13 rep.

11 20 ILCS 1110/14 rep.

12 20 ILCS 1110/15 rep.

13 20 ILCS 1110/16 rep.

14 20 ILCS 1110/17 rep.

15 20 ILCS 1305/1-17

16 20 ILCS 2712/Act rep.

17 20 ILCS 3930/7.6 rep.

18 20 ILCS 5035/Act rep.

19 30 ILCS 105/5h rep.

20 30 ILCS 500/25-55

21 205 ILCS 405/3.2 rep.

22 240 ILCS 40/30-25

23 405 ILCS 30/4 from Ch. 91 1/2, par. 904

24 730 ILCS 5/3-5-3 rep.

25 730 ILCS 5/5-8-1.3 rep.

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