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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		(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		Section 5. The Illinois Coal and Energy Development Bond
16		Act is amended by repealing Sections 7, 8, 9, 10, 11, 12, 13,
17		14, 15, 16, and 17.
18		Section 10. The Department of Human Services Act is
19		amended by changing Section 1-17 as follows:
20		(20 ILCS 1305/1-17)
21		Sec. 1-17. Inspector General.
22		(a) Nature and purpose. It is the express intent of the

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1		General Assembly to ensure the health, safety, and financial
2		condition of individuals receiving services in this State due
3		to mental illness, developmental disability, or both by
4		protecting those persons from acts of abuse, neglect, or both
5		by service providers. To that end, the Office of the Inspector
6		General for the Department of Human Services is created to
7		investigate and report upon allegations of the abuse, neglect,
8		or financial exploitation of individuals receiving services
9		within mental health facilities, developmental disabilities
10		facilities, and community agencies operated, licensed, funded,
11		or certified by the Department of Human Services, but not
12		licensed or certified by any other State agency.
13		(b) Definitions. The following definitions apply to this
14		Section:
15		"Adult student with a disability" means an adult student,
16		age 18 through 21, inclusive, with an Individual Education
17		Program, other than a resident of a facility licensed by the
18		Department of Children and Family Services in accordance with
19		the Child Care Act of 1969. For purposes of this definition,
20		"through age 21, inclusive", means through the day before the
21		student's 22nd birthday.
22		"Agency" or "community agency" means (i) a community
23		agency licensed, funded, or certified by the Department, but
24		not licensed or certified by any other human services agency
25		of the State, to provide mental health service or
26		developmental disabilities service, or (ii) a program

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1		licensed, funded, or certified by the Department, but not
2		licensed or certified by any other human services agency of
3		the State, to provide mental health service or developmental
4		disabilities service.
5		"Aggravating circumstance" means a factor that is
6		attendant to a finding and that tends to compound or increase
7		the culpability of the accused.
8		"Allegation" means an assertion, complaint, suspicion, or
9		incident involving any of the following conduct by an
10		employee, facility, or agency against an individual or
11		individuals: mental abuse, physical abuse, sexual abuse,
12		neglect, or financial exploitation.
13		"Day" means working day, unless otherwise specified.
14		"Deflection" means a situation in which an individual is
15		presented for admission to a facility or agency, and the
16		facility staff or agency staff do not admit the individual.
17		"Deflection" includes triage, redirection, and denial of
18		admission.
19		"Department" means the Department of Human Services.
20		"Developmental disability" means "developmental
21		disability" as defined in the Mental Health and Developmental
22		Disabilities Code.
23		"Egregious neglect" means a finding of neglect as
24		determined by the Inspector General that (i) represents a
25		gross failure to adequately provide for, or a callused
26		indifference to, the health, safety, or medical needs of an

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1		individual and (ii) results in an individual's death or other
2		serious deterioration of an individual's physical condition or
3		mental condition.
4		"Employee" means any person who provides services at the
5		facility or agency on-site or off-site. The service
6		relationship can be with the individual or with the facility
7		or agency. Also, "employee" includes any employee or
8		contractual agent of the Department of Human Services or the
9		community agency involved in providing or monitoring or
10		administering mental health or developmental disability
11		services. This includes but is not limited to: owners,
12		operators, payroll personnel, contractors, subcontractors, and
13		volunteers.
14		"Facility" or "State-operated facility" means a mental
15		health facility or developmental disabilities facility
16		operated by the Department.
17		"Financial exploitation" means taking unjust advantage of
18		an individual's assets, property, or financial resources
19		through deception, intimidation, or conversion for the
20		employee's, facility's, or agency's own advantage or benefit.
21		"Finding" means the Office of Inspector General's
22		determination regarding whether an allegation is
23		substantiated, unsubstantiated, or unfounded.
24		"Health Care Worker Registry" or "Registry" means the
25		Health Care Worker Registry under the Health Care Worker
26		Background Check Act.

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1		"Individual" means any person receiving mental health
2		service, developmental disabilities service, or both from a
3		facility or agency, while either on-site or off-site.
4		"Mental abuse" means the use of demeaning, intimidating,
5		or threatening words, signs, gestures, or other actions by an
6		employee about an individual and in the presence of an
7		individual or individuals that results in emotional distress
8		or maladaptive behavior, or could have resulted in emotional
9		distress or maladaptive behavior, for any individual present.
10		"Mental illness" means "mental illness" as defined in the
11		Mental Health and Developmental Disabilities Code.
12		"Mentally ill" means having a mental illness.
13		"Mitigating circumstance" means a condition that (i) is
14		attendant to a finding, (ii) does not excuse or justify the
15		conduct in question, but (iii) may be considered in evaluating
16		the severity of the conduct, the culpability of the accused,
17		or both the severity of the conduct and the culpability of the
18		accused.
19		"Neglect" means an employee's, agency's, or facility's
20		failure to provide adequate medical care, personal care, or
21		maintenance and that, as a consequence, (i) causes an
22		individual pain, injury, or emotional distress, (ii) results
23		in either an individual's maladaptive behavior or the
24		deterioration of an individual's physical condition or mental
25		condition, or (iii) places the individual's health or safety
26		at substantial risk.

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1		"Person with a developmental disability" means a person
2		having a developmental disability.
3		"Physical abuse" means an employee's non-accidental and
4		inappropriate contact with an individual that causes bodily
5		harm. "Physical abuse" includes actions that cause bodily harm
6		as a result of an employee directing an individual or person to
7		physically abuse another individual.
8		"Recommendation" means an admonition, separate from a
9		finding, that requires action by the facility, agency, or
10		Department to correct a systemic issue, problem, or deficiency
11		identified during an investigation.
12		"Required reporter" means any employee who suspects,
13		witnesses, or is informed of an allegation of any one or more
14		of the following: mental abuse, physical abuse, sexual abuse,
15		neglect, or financial exploitation.
16		"Secretary" means the Chief Administrative Officer of the
17		Department.
18		"Sexual abuse" means any sexual contact or intimate
19		physical contact between an employee and an individual,
20		including an employee's coercion or encouragement of an
21		individual to engage in sexual behavior that results in sexual
22		contact, intimate physical contact, sexual behavior, or
23		intimate physical behavior. Sexual abuse also includes (i) an
24		employee's actions that result in the sending or showing of
25		sexually explicit images to an individual via computer,
26		cellular phone, electronic mail, portable electronic device,

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1		or other media with or without contact with the individual or
2		(ii) an employee's posting of sexually explicit images of an
3		individual online or elsewhere whether or not there is contact
4		with the individual.
5		"Sexually explicit images" includes, but is not limited
6		to, any material which depicts nudity, sexual conduct, or
7		sado-masochistic abuse, or which contains explicit and
8		detailed verbal descriptions or narrative accounts of sexual
9		excitement, sexual conduct, or sado-masochistic abuse.
10		"Substantiated" means there is a preponderance of the
11		evidence to support the allegation.
12		"Unfounded" means there is no credible evidence to support
13		the allegation.
14		"Unsubstantiated" means there is credible evidence, but
15		less than a preponderance of evidence to support the
16		allegation.
17		(c) Appointment. The Governor shall appoint, and the
18		Senate shall confirm, an Inspector General. The Inspector
19		General shall be appointed for a term of 4 years and shall
20		function within the Department of Human Services and report to
21		the Secretary and the Governor.
22		(d) Operation and appropriation. The Inspector General
23		shall function independently within the Department with
24		respect to the operations of the Office, including the
25		performance of investigations and issuance of findings and
26		recommendations. The appropriation for the Office of Inspector

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1		General shall be separate from the overall appropriation for
2		the Department.
3		(e) Powers and duties. The Inspector General shall
4		investigate reports of suspected mental abuse, physical abuse,
5		sexual abuse, neglect, or financial exploitation of
6		individuals in any mental health or developmental disabilities
7		facility or agency and shall have authority to take immediate
8		action to prevent any one or more of the following from
9		happening to individuals under its jurisdiction: mental abuse,
10		physical abuse, sexual abuse, neglect, or financial
11		exploitation. Upon written request of an agency of this State,
12		the Inspector General may assist another agency of the State
13		in investigating reports of the abuse, neglect, or abuse and
14		neglect of persons with mental illness, persons with
15		developmental disabilities, or persons with both. To comply
16		with the requirements of subsection (k) of this Section, the
17		Inspector General shall also review all reportable deaths for
18		which there is no allegation of abuse or neglect. Nothing in
19		this Section shall preempt any duties of the Medical Review
20		Board set forth in the Mental Health and Developmental
21		Disabilities Code. The Inspector General shall have no
22		authority to investigate alleged violations of the State
23		Officials and Employees Ethics Act. Allegations of misconduct
24		under the State Officials and Employees Ethics Act shall be
25		referred to the Office of the Governor's Executive Inspector
26		General for investigation.

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1		(f) Limitations. The Inspector General shall not conduct
2		an investigation within an agency or facility if that
3		investigation would be redundant to or interfere with an
4		investigation conducted by another State agency. The Inspector
5		General shall have no supervision over, or involvement in, the
6		routine programmatic, licensing, funding, or certification
7		operations of the Department. Nothing in this subsection
8		limits investigations by the Department that may otherwise be
9		required by law or that may be necessary in the Department's
10		capacity as central administrative authority responsible for
11		the operation of the State's mental health and developmental
12		disabilities facilities.
13		(g) Rulemaking authority. The Inspector General shall
14		promulgate rules establishing minimum requirements for
15		reporting allegations as well as for initiating, conducting,
16		and completing investigations based upon the nature of the
17		allegation or allegations. The rules shall clearly establish
18		that if 2 or more State agencies could investigate an
19		allegation, the Inspector General shall not conduct an
20		investigation that would be redundant to, or interfere with,
21		an investigation conducted by another State agency. The rules
22		shall further clarify the method and circumstances under which
23		the Office of Inspector General may interact with the
24		licensing, funding, or certification units of the Department
25		in preventing further occurrences of mental abuse, physical
26		abuse, sexual abuse, neglect, egregious neglect, and financial

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1		exploitation.
2		(h) Training programs. The Inspector General shall (i)
3		establish a comprehensive program to ensure that every person
4		authorized to conduct investigations receives ongoing training
5		relative to investigation techniques, communication skills,
6		and the appropriate means of interacting with persons
7		receiving treatment for mental illness, developmental
8		disability, or both mental illness and developmental
9		disability, and (ii) establish and conduct periodic training
10		programs for facility and agency employees concerning the
11		prevention and reporting of any one or more of the following:
12		mental abuse, physical abuse, sexual abuse, neglect, egregious
13		neglect, or financial exploitation. The Inspector General
14		shall further ensure (i) every person authorized to conduct
15		investigations at community agencies receives ongoing training
16		in Title 59, Parts 115, 116, and 119 of the Illinois
17		Administrative Code, and (ii) every person authorized to
18		conduct investigations shall receive ongoing training in Title
19		59, Part 50 of the Illinois Administrative Code. Nothing in
20		this Section shall be deemed to prevent the Office of
21		Inspector General from conducting any other training as
22		determined by the Inspector General to be necessary or
23		helpful.
24		(i) Duty to cooperate.
25		(1) The Inspector General shall at all times be
26		granted access to any facility or agency for the purpose

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1		of investigating any allegation, conducting unannounced
2		site visits, monitoring compliance with a written
3		response, or completing any other statutorily assigned
4		duty. The Inspector General shall conduct unannounced site
5		visits to each facility at least annually for the purpose
6		of reviewing and making recommendations on systemic issues
7		relative to preventing, reporting, investigating, and
8		responding to all of the following: mental abuse, physical
9		abuse, sexual abuse, neglect, egregious neglect, or
10		financial exploitation.
11		(2) Any employee who fails to cooperate with an Office
12		of the Inspector General investigation is in violation of
13		this Act. Failure to cooperate with an investigation
14		includes, but is not limited to, any one or more of the
15		following: (i) creating and transmitting a false report to
16		the Office of the Inspector General hotline, (ii)
17		providing false information to an Office of the Inspector
18		General Investigator during an investigation, (iii)
19		colluding with other employees to cover up evidence, (iv)
20		colluding with other employees to provide false
21		information to an Office of the Inspector General
22		investigator, (v) destroying evidence, (vi) withholding
23		evidence, or (vii) otherwise obstructing an Office of the
24		Inspector General investigation. Additionally, any
25		employee who, during an unannounced site visit or written
26		response compliance check, fails to cooperate with

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1		requests from the Office of the Inspector General is in
2		violation of this Act.
3		(j) Subpoena powers. The Inspector General shall have the
4		power to subpoena witnesses and compel the production of all
5		documents and physical evidence relating to his or her
6		investigations and any hearings authorized by this Act. This
7		subpoena power shall not extend to persons or documents of a
8		labor organization or its representatives insofar as the
9		persons are acting in a representative capacity to an employee
10		whose conduct is the subject of an investigation or the
11		documents relate to that representation. Any person who
12		otherwise fails to respond to a subpoena or who knowingly
13		provides false information to the Office of the Inspector
14		General by subpoena during an investigation is guilty of a
15		Class A misdemeanor.
16		(k) Reporting allegations and deaths.
17		(1) Allegations. If an employee witnesses, is told of,
18		or has reason to believe an incident of mental abuse,
19		physical abuse, sexual abuse, neglect, or financial
20		exploitation has occurred, the employee, agency, or
21		facility shall report the allegation by phone to the
22		Office of the Inspector General hotline according to the
23		agency's or facility's procedures, but in no event later
24		than 4 hours after the initial discovery of the incident,
25		allegation, or suspicion of any one or more of the
26		following: mental abuse, physical abuse, sexual abuse,

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1		neglect, or financial exploitation. A required reporter as
2		defined in subsection (b) of this Section who knowingly or
3		intentionally fails to comply with these reporting
4		requirements is guilty of a Class A misdemeanor.
5		(2) Deaths. Absent an allegation, a required reporter
6		shall, within 24 hours after initial discovery, report by
7		phone to the Office of the Inspector General hotline each
8		of the following:
9		(i) Any death of an individual occurring within 14
10		calendar days after discharge or transfer of the
11		individual from a residential program or facility.
12		(ii) Any death of an individual occurring within
13		24 hours after deflection from a residential program
14		or facility.
15		(iii) Any other death of an individual occurring
16		at an agency or facility or at any Department-funded
17		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. (1) Reporting criminal
24		acts. Within 24 hours after determining that there is credible
25		evidence indicating that a criminal act may have been
26		committed or that special expertise may be required in an

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1		investigation, the Inspector General shall notify the Illinois
2		State Police or other appropriate law enforcement authority,
3		or ensure that such notification is made. The Illinois State
4		Police shall investigate any report from a State-operated
5		facility indicating a possible murder, sexual assault, or
6		other felony by an employee. All investigations conducted by
7		the Inspector General shall be conducted in a manner designed
8		to ensure the preservation of evidence for possible use in a
9		criminal prosecution.
10		(2) Reporting allegations of adult students with
11		disabilities. Upon receipt of a reportable allegation
12		regarding an adult student with a disability, the
13		Department's Office of the Inspector General shall
14		determine whether the allegation meets the criteria for
15		the Domestic Abuse Program under the Abuse of Adults with
16		Disabilities Intervention Act. If the allegation is
17		reportable to that program, the Office of the Inspector
18		General shall initiate an investigation. If the allegation
19		is not reportable to the Domestic Abuse Program, the
20		Office of the Inspector General shall make an expeditious
21		referral to the respective law enforcement entity. If the
22		alleged victim is already receiving services from the
23		Department, the Office of the Inspector General shall also
24		make a referral to the respective Department of Human
25		Services' Division or Bureau.
26		(m) Investigative reports. Upon completion of an

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1		investigation, the Office of Inspector General shall issue an
2		investigative report identifying whether the allegations are
3		substantiated, unsubstantiated, or unfounded. Within 10
4		business days after the transmittal of a completed
5		investigative report substantiating an allegation, finding an
6		allegation is unsubstantiated, or if a recommendation is made,
7		the Inspector General shall provide the investigative report
8		on the case to the Secretary and to the director of the
9		facility or agency where any one or more of the following
10		occurred: mental abuse, physical abuse, sexual abuse, neglect,
11		egregious neglect, or financial exploitation. The director of
12		the facility or agency shall be responsible for maintaining
13		the confidentiality of the investigative report consistent
14		with State and federal law. In a substantiated case, the
15		investigative report shall include any mitigating or
16		aggravating circumstances that were identified during the
17		investigation. If the case involves substantiated neglect, the
18		investigative report shall also state whether egregious
19		neglect was found. An investigative report may also set forth
20		recommendations. All investigative reports prepared by the
21		Office of the Inspector General shall be considered
22		confidential and shall not be released except as provided by
23		the law of this State or as required under applicable federal
24		law. Unsubstantiated and unfounded reports shall not be
25		disclosed except as allowed under Section 6 of the Abused and
26		Neglected Long Term Care Facility Residents Reporting Act. Raw

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1		data used to compile the investigative report shall not be
2		subject to release unless required by law or a court order.
3		"Raw data used to compile the investigative report" includes,
4		but is not limited to, any one or more of the following: the
5		initial complaint, witness statements, photographs,
6		investigator's notes, police reports, or incident reports. If
7		the allegations are substantiated, the victim, the victim's
8		guardian, and the accused shall be provided with a redacted
9		copy of the investigative report. Death reports where there
10		was no allegation of abuse or neglect shall only be released
11		pursuant to applicable State or federal law or a valid court
12		order. Unredacted investigative reports, as well as raw data,
13		may be shared with a local law enforcement entity, a State's
14		Attorney's office, or a county coroner's office upon written
15		request.
16		(n) Written responses, clarification requests, and
17		reconsideration requests.
18		(1) Written responses. Within 30 calendar days from
19		receipt of a substantiated investigative report or an
20		investigative report which contains recommendations,
21		absent a reconsideration request, the facility or agency
22		shall file a written response that addresses, in a concise
23		and reasoned manner, the actions taken to: (i) protect the
24		individual; (ii) prevent recurrences; and (iii) eliminate
25		the problems identified. The response shall include the
26		implementation and completion dates of such actions. If

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1		the written response is not filed within the allotted 30
2		calendar day period, the Secretary shall determine the
3		appropriate corrective action to be taken.
4		(2) Requests for clarification. The facility, agency,
5		victim or guardian, or the subject employee may request
6		that the Office of Inspector General clarify the finding
7		or findings for which clarification is sought.
8		(3) Requests for reconsideration. The facility,
9		agency, victim or guardian, or the subject employee may
10		request that the Office of the Inspector General
11		reconsider the finding or findings or the recommendations.
12		A request for reconsideration shall be subject to a
13		multi-layer review and shall include at least one reviewer
14		who did not participate in the investigation or approval
15		of the original investigative report. After the
16		multi-layer review process has been completed, the
17		Inspector General shall make the final determination on
18		the reconsideration request. The investigation shall be
19		reopened if the reconsideration determination finds that
20		additional information is needed to complete the
21		investigative record.
22		(o) Disclosure of the finding by the Inspector General.
23		The Inspector General shall disclose the finding of an
24		investigation to the following persons: (i) the Governor, (ii)
25		the Secretary, (iii) the director of the facility or agency,
26		(iv) the alleged victims and their guardians, (v) the

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1		complainant, and (vi) the accused. This information shall
2		include whether the allegations were deemed substantiated,
3		unsubstantiated, or unfounded.
4		(p) Secretary review. Upon review of the Inspector
5		General's investigative report and any agency's or facility's
6		written response, the Secretary shall accept or reject the
7		written response and notify the Inspector General of that
8		determination. The Secretary may further direct that other
9		administrative action be taken, including, but not limited to,
10		any one or more of the following: (i) additional site visits,
11		(ii) training, (iii) provision of technical assistance
12		relative to administrative needs, licensure, or certification,
13		or (iv) the imposition of appropriate sanctions.
14		(q) Action by facility or agency. Within 30 days of the
15		date the Secretary approves the written response or directs
16		that further administrative action be taken, the facility or
17		agency shall provide an implementation report to the Inspector
18		General that provides the status of the action taken. The
19		facility or agency shall be allowed an additional 30 days to
20		send notice of completion of the action or to send an updated
21		implementation report. If the action has not been completed
22		within the additional 30-day period, the facility or agency
23		shall send updated implementation reports every 60 days until
24		completion. The Inspector General shall conduct a review of
25		any implementation plan that takes more than 120 days after
26		approval to complete, and shall monitor compliance through a

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1		random review of approved written responses, which may
2		include, but are not limited to: (i) site visits, (ii)
3		telephone contact, and (iii) requests for additional
4		documentation evidencing compliance.
5		(r) Sanctions. Sanctions, if imposed by the Secretary
6		under Subdivision (p)(iv) of this Section, shall be designed
7		to prevent further acts of mental abuse, physical abuse,
8		sexual abuse, neglect, egregious neglect, or financial
9		exploitation or some combination of one or more of those acts
10		at a facility or agency, and may include any one or more of the
11		following:
12		(1) Appointment of on-site monitors.
13		(2) Transfer or relocation of an individual or
14		individuals.
15		(3) Closure of units.
16		(4) Termination of any one or more of the following:
17		(i) Department licensing, (ii) funding, or (iii)
18		certification.
19		The Inspector General may seek the assistance of the
20		Illinois Attorney General or the office of any State's
21		Attorney in implementing sanctions.
22		(s) Health Care Worker Registry.
23		(1) Reporting to the Registry. The Inspector General
24		shall report to the Department of Public Health's Health
25		Care Worker Registry, a public registry, the identity and
26		finding of each employee of a facility or agency against

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1		whom there is a final investigative report containing a
2		substantiated allegation of physical or sexual abuse,
3		financial exploitation, or egregious neglect of an
4		individual.
5		(2) Notice to employee. Prior to reporting the name of
6		an employee, the employee shall be notified of the
7		Department's obligation to report and shall be granted an
8		opportunity to request an administrative hearing, the sole
9		purpose of which is to determine if the substantiated
10		finding warrants reporting to the Registry. Notice to the
11		employee shall contain a clear and concise statement of
12		the grounds on which the report to the Registry is based,
13		offer the employee an opportunity for a hearing, and
14		identify the process for requesting such a hearing. Notice
15		is sufficient if provided by certified mail to the
16		employee's last known address. If the employee fails to
17		request a hearing within 30 days from the date of the
18		notice, the Inspector General shall report the name of the
19		employee to the Registry. Nothing in this subdivision
20		(s)(2) shall diminish or impair the rights of a person who
21		is a member of a collective bargaining unit under the
22		Illinois Public Labor Relations Act or under any other
23		federal labor statute.
24		(3) Registry hearings. If the employee requests an
25		administrative hearing, the employee shall be granted an
26		opportunity to appear before an administrative law judge

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1		to present reasons why the employee's name should not be
2		reported to the Registry. The Department shall bear the
3		burden of presenting evidence that establishes, by a
4		preponderance of the evidence, that the substantiated
5		finding warrants reporting to the Registry. After
6		considering all the evidence presented, the administrative
7		law judge shall make a recommendation to the Secretary as
8		to whether the substantiated finding warrants reporting
9		the name of the employee to the Registry. The Secretary
10		shall render the final decision. The Department and the
11		employee shall have the right to request that the
12		administrative law judge consider a stipulated disposition
13		of these proceedings.
14		(4) Testimony at Registry hearings. A person who makes
15		a report or who investigates a report under this Act shall
16		testify fully in any judicial proceeding resulting from
17		such a report, as to any evidence of abuse or neglect, or
18		the cause thereof. No evidence shall be excluded by reason
19		of any common law or statutory privilege relating to
20		communications between the alleged perpetrator of abuse or
21		neglect, or the individual alleged as the victim in the
22		report, and the person making or investigating the report.
23		Testimony at hearings is exempt from the confidentiality
24		requirements of subsection (f) of Section 10 of the Mental
25		Health and Developmental Disabilities Confidentiality Act.
26		(5) Employee's rights to collateral action. No

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1		reporting to the Registry shall occur and no hearing shall
2		be set or proceed if an employee notifies the Inspector
3		General in writing, including any supporting
4		documentation, that he or she is formally contesting an
5		adverse employment action resulting from a substantiated
6		finding by complaint filed with the Illinois Civil Service
7		Commission, or which otherwise seeks to enforce the
8		employee's rights pursuant to any applicable collective
9		bargaining agreement. If an action taken by an employer
10		against an employee as a result of a finding of physical
11		abuse, sexual abuse, or egregious neglect is overturned
12		through an action filed with the Illinois Civil Service
13		Commission or under any applicable collective bargaining
14		agreement and if that employee's name has already been
15		sent to the Registry, the employee's name shall be removed
16		from the Registry.
17		(6) Removal from Registry. At any time after the
18		report to the Registry, but no more than once in any
19		12-month period, an employee may petition the Department
20		in writing to remove his or her name from the Registry.
21		Upon receiving notice of such request, the Inspector
22		General shall conduct an investigation into the petition.
23		Upon receipt of such request, an administrative hearing
24		will be set by the Department. At the hearing, the
25		employee shall bear the burden of presenting evidence that
26		establishes, by a preponderance of the evidence, that

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1		removal of the name from the Registry is in the public
2		interest. The parties may jointly request that the
3		administrative law judge consider a stipulated disposition
4		of these proceedings.
5		(t) Review of Administrative Decisions. The Department
6		shall preserve a record of all proceedings at any formal
7		hearing conducted by the Department involving Health Care
8		Worker Registry hearings. Final administrative decisions of
9		the Department are subject to judicial review pursuant to
10		provisions of the Administrative Review Law.
11		(u) Quality Care Board. There is created, within the
12		Office of the Inspector General, a Quality Care Board to be
13		composed of 7 members appointed by the Governor with the
14		advice and consent of the Senate. One of the members shall be
15		designated as chairman by the Governor. Of the initial
16		appointments made by the Governor, 4 Board members shall each
17		be appointed for a term of 4 years and 3 members shall each be
18		appointed for a term of 2 years. Upon the expiration of each
19		member's term, a successor shall be appointed for a term of 4
20		years. In the case of a vacancy in the office of any member,
21		the Governor shall appoint a successor for the remainder of
22		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 care of persons with developmental

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1		disabilities. Two members appointed by the Governor shall be
2		persons with a disability or parents of persons with a
3		disability. Members shall serve without compensation, but
4		shall be reimbursed for expenses incurred in connection with
5		the performance of their duties as members.
6		The Board shall meet quarterly, and may hold other
7		meetings on the call of the chairman. Four members shall
8		constitute a quorum allowing the Board to conduct its
9		business. The Board may adopt rules and regulations it deems
10		necessary to govern its own procedures.
11		The Board shall monitor and oversee the operations,
12		policies, and procedures of the Inspector General to ensure
13		the prompt and thorough investigation of allegations of
14		neglect and abuse. In fulfilling these responsibilities, the
15		Board may do 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
19		and 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
11		identifying information of any individual, but shall include
12		objective data identifying any trends in the number of
13		reported allegations, the timeliness of the Office of the
14		Inspector General's investigations, and their disposition, for
15		each facility and Department-wide, for the most recent 3-year
16		time period. The report shall also identify, by facility, the
17		staff-to-patient ratios taking account of direct care staff
18		only. The report shall also include detailed recommended
19		administrative actions and matters for consideration by the
20		General Assembly.
21		(w) Program audit. The Auditor General shall conduct a
22		program audit of the Office of the Inspector General on an
23		as-needed basis, as determined by the Auditor General. The
24		audit shall specifically include the Inspector General's
25		compliance with the Act and effectiveness in investigating
26		reports of allegations occurring in any facility or agency.

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1		The Auditor General shall conduct the program audit according
2		to the provisions of the Illinois State Auditing Act and shall
3		report its findings to the General Assembly no later than
4		January 1 following the audit period.
5		(x) Nothing in this Section shall be construed to mean
6		that an individual is a victim of abuse or neglect because of
7		health care services appropriately provided or not provided by
8		health care professionals.
9		(y) Nothing in this Section shall require a facility,
10		including its employees, agents, medical staff members, and
11		health care professionals, to provide a service to an
12		individual in contravention of that individual's stated or
13		implied objection to the provision of that service on the
14		ground that that service conflicts with the individual's
15		religious beliefs or practices, nor shall the failure to
16		provide a service to an individual be considered abuse under
17		this Section if the individual has objected to the provision
18		of that service based on his or her religious beliefs or
19		practices.
20		(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.)
21		(20 ILCS 2712/Act rep.)
22		Section 15. The Broadband Access on Passenger Rail Law is
23		repealed.
24		(20 ILCS 3930/7.6 rep.)

HB5186 Engrossed - 27 - LRB102 24774 RJF 34017 b
1		Section 20. The Illinois Criminal Justice Information Act
2		is amended by repealing Section 7.6.
3		(20 ILCS 5035/Act rep.)
4		Section 25. The Illinois Human Services Commission Act is
5		repealed.
6		(30 ILCS 105/5h rep.)
7		Section 30. The State Finance Act is amended by repealing
8		Section 5h.
9		Section 35. The Illinois Procurement Code is amended by
10		changing Section 25-55 as follows:
11		(30 ILCS 500/25-55)
12		Sec. 25-55. Annual reports. Every printed annual report
13		produced by a State agency shall bear a statement indicating
14		whether it was printed by the State of Illinois or by contract
15		and indicating the printing cost per copy and the number of
16		copies printed. The Department of Central Management Services
17		shall prepare and submit to the General Assembly on the fourth
18		Wednesday of January in each year a report setting forth with
19		respect to each State agency for the calendar year immediately
20		preceding the calendar year in which the report is filed the
21		total quantity of annual reports printed, the total cost, and
22		the cost per copy and the cost per page of the annual report of

HB5186 Engrossed - 28 - LRB102 24774 RJF 34017 b
1		the State agency printed during the calendar year covered by
2		the report.
3		(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
4		(205 ILCS 405/3.2 rep.)
5		Section 40. The Currency Exchange Act is amended by
6		repealing Section 3.2.
7		Section 45. The Grain Code is amended by changing Section
8		30-25 as follows:
9		(240 ILCS 40/30-25)
10		Sec. 30-25. Grain Insurance Reserve Fund. Upon payment in
11		full of all money that has been transferred to the Fund prior
12		to June 30, 2003 from the General Revenue Fund as provided for
13		under subsection (h) of Section 25-20, the State of Illinois
14		shall, subject to appropriation, remit $2,000,000 to the
15		Corporation to be held in a separate and discrete account to be
16		used to the extent the assets in the Fund are insufficient to
17		satisfy claimants as payment of their claims become due as set
18		forth in subsection (h) of Section 25-20. The remittance of
19		the $2,000,000 reserve shall be made to the Corporation within
20		60 days of payment in full of all money transferred to the Fund
21		as set forth above in this Section 30-25. All income received
22		by the Reserve Fund shall be deposited in the Fund within 35
23		days of the end of each calendar quarter.

HB5186 Engrossed - 29 - LRB102 24774 RJF 34017 b
1		(Source: P.A. 93-225, eff. 7-21-03.)
2		Section 50. The Community Services Act is amended by
3		changing Section 4 as follows:
4		(405 ILCS 30/4) (from Ch. 91 1/2, par. 904)
5		Sec. 4. Financing for community services.
6		(a) The Department of Human Services is authorized to
7		provide financial reimbursement to eligible private service
8		providers, corporations, local government entities or
9		voluntary associations for the provision of services to
10		persons with mental illness, persons with a developmental
11		disability, and persons with substance use disorders who are
12		living in the community for the purpose of achieving the goals
13		of this Act.
14		The Department shall utilize the following funding
15		mechanisms for community services:
16		(1) Purchase of Care Contracts: services purchased on
17		a predetermined fee per unit of service basis from private
18		providers or governmental entities. Fee per service rates
19		are set by an established formula which covers some
20		portion of personnel, supplies, and other allowable costs,
21		and which makes some allowance for geographic variations
22		in costs as well as for additional program components.
23		(2) Grants: sums of money which the Department grants
24		to private providers or governmental entities pursuant to

HB5186 Engrossed - 30 - LRB102 24774 RJF 34017 b
1		the grant recipient's agreement to provide certain
2		services, as defined by departmental grant guidelines, to
3		an approximate number of service recipients. Grant levels
4		are set through consideration of personnel, supply and
5		other allowable costs, as well as other funds available to
6		the program.
7		(3) Other Funding Arrangements: funding mechanisms may
8		be established on a pilot basis in order to examine the
9		feasibility of alternative financing arrangements for the
10		provision of community services.
11		The Department shall establish and maintain an equitable
12		system of payment which allows providers to improve persons
13		with disabilities' capabilities for independence and reduces
14		their reliance on State-operated services.
15		For services classified as entitlement services under
16		federal law or guidelines, caps may not be placed on the total
17		amount of payment a provider may receive in a fiscal year and
18		the Department shall not require that a portion of the
19		payments due be made in a subsequent fiscal year based on a
20		yearly payment cap.
21		(b) (Blank). The Governor shall create a commission by
22		September 1, 2009, or as soon thereafter as possible, to
23		review funding methodologies, identify gaps in funding,
24		identify revenue, and prioritize use of that revenue for
25		community developmental disability services, mental health
26		services, alcohol and substance abuse services, rehabilitation

HB5186 Engrossed - 31 - LRB102 24774 RJF 34017 b
1		services, and early intervention services. The Office of the
2		Governor shall provide staff support for the commission.
3		(c) (Blank). The first meeting of the commission shall be
4		held within the first month after the creation and appointment
5		of the commission, and a final report summarizing the
6		commission's recommendations must be issued within 12 months
7		after the first meeting, and no later than September 1, 2010,
8		to the Governor and the General Assembly.
9		(d) (Blank). The commission shall have the following 13
10		voting members:
11		(A) one member of the House of Representatives,
12		appointed by the Speaker of the House of Representatives;
13		(B) one member of the House of Representatives,
14		appointed by the House Minority Leader;
15		(C) one member of the Senate, appointed by the
16		President of the Senate;
17		(D) one member of the Senate, appointed by the Senate
18		Minority Leader;
19		(E) one person with a developmental disability, or a
20		family member or guardian of such a person, appointed by
21		the Governor;
22		(F) one person with a mental illness, or a family
23		member or guardian of such a person, appointed by the
24		Governor;
25		(G) two persons from unions that represent employees
26		of community providers that serve people with

HB5186 Engrossed - 32 - LRB102 24774 RJF 34017 b
1		developmental disabilities, mental illness, and alcohol
2		and substance abuse disorders, appointed by the Governor;
3		and
4		(H) five persons from statewide associations that
5		represent community providers that provide residential,
6		day training, and other developmental disability services,
7		mental health services, alcohol and substance abuse
8		services, rehabilitation services, or early intervention
9		services, or any combination of those, appointed by the
10		Governor.
11		The commission shall also have the following ex-officio,
12		nonvoting members:
13		(I) the Director of the Governor's Office of
14		Management and Budget or his or her designee;
15		(J) the Chief Financial Officer of the Department of
16		Human Services or his or her designee;
17		(K) the Administrator of the Department of Healthcare
18		and Family Services Division of Finance or his or her
19		designee;
20		(L) the Director of the Department of Human Services
21		Division of Developmental Disabilities or his or her
22		designee;
23		(M) the Director of the Department of Human Services
24		Division of Mental Health or his or her designee; and
25		(N) the Director of the Department of Human Services
26		Division of Alcoholism and Substance Abuse or his or her

HB5186 Engrossed - 33 - LRB102 24774 RJF 34017 b
1		designee.
2		(e) The funding methodologies must reflect economic
3		factors inherent in providing services and supports, recognize
4		individual disability needs, and consider geographic
5		differences, transportation costs, required staffing ratios,
6		and mandates not currently funded.
7		(f) In accepting Department funds, providers shall
8		recognize their responsibility to be accountable to the
9		Department and the State for the delivery of services which
10		are consistent with the philosophies and goals of this Act and
11		the rules and regulations promulgated under it.
12		(Source: P.A. 100-759, eff. 1-1-19.)
13		(730 ILCS 5/3-5-3 rep.)
14		(730 ILCS 5/5-8-1.3 rep.)
15		Section 55. The Unified Code of Corrections is amended by
16		repealing Sections 3-5-3 and 5-8-1.3.
17		Section 60. The Workers' Compensation Act is amended by
18		changing Section 18.1 as follows:
19		(820 ILCS 305/18.1)
20		Sec. 18.1. Claims by former and current employees of the
21		Commission. All claims by current and former employees and
22		appointees of the Commission shall be assigned to a certified
23		independent arbitrator not employed by the Commission

HB5186 Engrossed - 34 - LRB102 24774 RJF 34017 b
1		designated by the Chairman. In preparing the roster of
2		approved certified independent arbitrators, the Chairman shall
3		seek the advice and recommendation of the Commission or the
4		Workers' Compensation Advisory Board at his or her discretion.
5		The Chairman shall designate an arbitrator from a list of
6		approved certified arbitrators provided by the Commission
7		Review Board. If the Chairman is the claimant, then the
8		independent arbitrator from the approved list shall be
9		designated by the longest serving Commissioner. The designated
10		independent arbitrator shall have the authority of arbitrators
11		of the Commission regarding settlement and adjudication of the
12		claim of the current and former employees and appointees of
13		the Commission. The decision of the independent arbitrator
14		shall become the decision of the Commission. An appeal of the
15		independent arbitrator's decision shall be subject to judicial
16		review in accordance with subsection (f) of Section 19.
17		(Source: P.A. 97-18, eff. 6-28-11.)
18		(820 ILCS 305/14.1 rep.)
19		Section 65. The Workers' Compensation Act is amended by
20		repealing Section 14.1.
21		Section 99. Effective date. This Act takes effect upon
22		becoming law.