HB 4700

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Full Text of HB4700
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	HB4700 - 104th General Assembly
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		HB4700 Enrolled		LRB104 18651 BAB 32094 b
1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Abused and Neglected Long Term Care
5Facility Residents Reporting Act is amended by changing
6Section 3 as follows:
7    (210 ILCS 30/3)  (from Ch. 111 1/2, par. 4163)
8    Sec. 3. As used in this Act unless the context otherwise
9requires:
10    a. "Department" means the Department of Public Health of
11the State of Illinois.
12    b. "Resident" means a person residing in and receiving
13personal care from a long term care facility, or residing in a
14mental health facility or developmental disability facility as
15defined in the Mental Health and Developmental Disabilities
16Code.
17    c. "Long term care facility" has the same meaning ascribed
18to such term in the Nursing Home Care Act, except that the term
19as used in this Act shall include any mental health facility or
20developmental disability facility as defined in the Mental
21Health and Developmental Disabilities Code. The term also
22includes any facility licensed under the Assisted Living and 
23Shared Housing Act, the ID/DD Community Care Act, the MC/DD
		HB4700 Enrolled	- 2 -	LRB104 18651 BAB 32094 b
1Act, or the Specialized Mental Health Rehabilitation Act of
22013.
3    d. "Abuse" means any physical injury, sexual abuse or
4mental injury inflicted on a resident other than by accidental
5means.
6    e. "Neglect" means a failure in a long term care facility
7to provide adequate medical or personal care or maintenance,
8which failure results in physical or mental injury to a
9resident or in the deterioration of a resident's physical or
10mental condition.
11    f. "Protective services" means services provided to a
12resident who has been abused or neglected, which may include,
13but are not limited to alternative temporary institutional
14placement, nursing care, counseling, other social services
15provided at the nursing home where the resident resides or at
16some other facility, personal care and such protective
17services of voluntary agencies as are available.
18    g. Unless the context otherwise requires, direct or
19indirect references in this Act to the programs, personnel,
20facilities, services, service providers, or service recipients
21of the Department of Human Services shall be construed to
22refer only to those programs, personnel, facilities, services,
23service providers, or service recipients that pertain to the
24Department of Human Services' mental health and developmental
25disabilities functions.
26(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)
		HB4700 Enrolled	- 3 -	LRB104 18651 BAB 32094 b
1    Section 10. The Adult Protective Services Act is amended
2by changing Section 2 as follows:
3    (320 ILCS 20/2)  (from Ch. 23, par. 6602)
4    Sec. 2. Definitions. As used in this Act, unless the
5context requires otherwise:
6    (a) "Abandonment" means the desertion or willful forsaking
7of an eligible adult by an individual responsible for the care
8and custody of that eligible adult under circumstances in
9which a reasonable person would continue to provide care and
10custody. Nothing in this Act shall be construed to mean that an
11eligible adult is a victim of abandonment because of health
12care services provided or not provided by licensed health care
13professionals.
14    (a-1) "Abuse" means causing any physical, mental or sexual
15injury to an eligible adult, including exploitation of such
16adult's financial resources, and abandonment or subjecting an
17eligible adult to an environment which creates a likelihood of
18harm to the eligible adult's health, physical and emotional
19well-being, or welfare.
20    Nothing in this Act shall be construed to mean that an
21eligible adult is a victim of abuse, abandonment, neglect, or
22self-neglect for the sole reason that he or she is being
23furnished with or relies upon treatment by spiritual means
24through prayer alone, in accordance with the tenets and
		HB4700 Enrolled	- 4 -	LRB104 18651 BAB 32094 b
1practices of a recognized church or religious denomination.
2    Nothing in this Act shall be construed to mean that an
3eligible adult is a victim of abuse because of health care
4services provided or not provided by licensed health care
5professionals.
6    Nothing in this Act shall be construed to mean that an
7eligible adult is a victim of abuse in cases of criminal
8activity by strangers, telemarketing scams, consumer fraud,
9internet fraud, home repair disputes, complaints against a
10homeowners' association, or complaints between landlords and
11tenants.
12    (a-5) "Abuser" means a person who is a family member,
13caregiver, or another person who has a continuing relationship
14with the eligible adult and abuses, abandons, neglects, or
15financially exploits an eligible adult.
16    (a-6) "Adult with disabilities" means a person aged 18
17through 59 who resides in a domestic living situation and
18whose disability as defined in subsection (c-5) impairs his or
19her ability to seek or obtain protection from abuse,
20abandonment, neglect, or exploitation.
21    (a-7) "Caregiver" means a person who either as a result of
22a family relationship, voluntarily, or in exchange for
23compensation has assumed responsibility for all or a portion
24of the care of an eligible adult who needs assistance with
25activities of daily living or instrumental activities of daily
26living.
		HB4700 Enrolled	- 5 -	LRB104 18651 BAB 32094 b
1    (b) "Department" means the Department on Aging of the
2State of Illinois.
3    (c) "Director" means the Director of the Department.
4    (c-5) "Disability" means a physical or mental disability,
5including, but not limited to, a developmental disability, an
6intellectual disability, a mental illness as defined under the
7Mental Health and Developmental Disabilities Code, or dementia
8as defined under the Alzheimer's Disease Assistance Act.
9    (d) "Domestic living situation" means a residence where
10the eligible adult at the time of the report lives alone or
11with his or her family or a caregiver, or others, or other
12community-based unlicensed facility, but is not:
13        (1) A licensed facility as defined in Section 1-113 of
14    the Nursing Home Care Act;
15        (1.5) A facility licensed under the ID/DD Community
16    Care Act;
17        (1.6) A facility licensed under the MC/DD Act;
18        (1.7) A facility licensed under the Specialized Mental
19    Health Rehabilitation Act of 2013;
20        (2) A "life care facility" as defined in the Life Care
21    Facilities Act;
22        (3) A home, institution, or other place operated by
23    the federal government or agency thereof or by the State
24    of Illinois;
25        (4) A hospital, sanitarium, or other institution, the
26    principal activity or business of which is the diagnosis,
		HB4700 Enrolled	- 6 -	LRB104 18651 BAB 32094 b
1    care, and treatment of human illness through the
2    maintenance and operation of organized facilities
3    therefor, which is required to be licensed under the
4    Hospital Licensing Act;
5        (5) A "community living facility" as defined in the
6    Community Living Facilities Licensing Act;
7        (6) (Blank);
8        (7) A "community-integrated living arrangement" as
9    defined in the Community-Integrated Living Arrangements
10    Licensure and Certification Act or a "community
11    residential alternative" as licensed under that Act; or
12        (8) An assisted living or shared housing establishment
13    as defined in the Assisted Living and Shared Housing Act.
14    [; or]
15        [(9) A supportive living facility as described in ]
16    [Section 5-5.01a of the Illinois Public Aid Code.]
17    (e) "Eligible adult" means either an adult with
18disabilities aged 18 through 59 or a person aged 60 or older
19who resides in a domestic living situation and is, or is
20alleged to be, abused, abandoned, neglected, or financially
21exploited by another individual or who neglects himself or
22herself. "Eligible adult" also includes an adult who resides
23in any of the facilities that are excluded from the definition
24of "domestic living situation" under paragraphs (1) through
25(9) of subsection (d), if either: (i) the alleged abuse,
26abandonment, or neglect occurs outside of the facility and not
		HB4700 Enrolled	- 7 -	LRB104 18651 BAB 32094 b
1under facility supervision and the alleged abuser is a family
2member, caregiver, or another person who has a continuing
3relationship with the adult; or (ii) the alleged financial
4exploitation is perpetrated by a family member, caregiver, or
5another person who has a continuing relationship with the
6adult, but who is not an employee of the facility where the
7adult resides.
8    (f) "Emergency" means a situation in which an eligible
9adult is living in conditions presenting a risk of death or
10physical, mental or sexual injury and the provider agency has
11reason to believe the eligible adult is unable to consent to
12services which would alleviate that risk.
13    (f-1) "Financial exploitation" means the use of an
14eligible adult's resources by another to the disadvantage of
15that adult or the profit or advantage of a person other than
16that adult.
17    (f-3) "Investment advisor" means any person required to
18register as an investment adviser or investment adviser
19representative under Section 8 of the Illinois Securities Law
20of 1953, which for purposes of this Act excludes any bank,
21trust company, savings bank, or credit union, or their
22respective employees.
23    (f-5) "Mandated reporter" means any of the following
24persons while engaged in carrying out their professional
25duties:
26        (1) a professional or professional's delegate while
		HB4700 Enrolled	- 8 -	LRB104 18651 BAB 32094 b
1    engaged in: (i) social services, (ii) law enforcement,
2    (iii) education, (iv) the care of an eligible adult or
3    eligible adults, or (v) any of the occupations required to
4    be licensed under the Behavior Analyst Licensing Act, the
5    Clinical Psychologist Licensing Act, the Clinical Social
6    Work and Social Work Practice Act, the Illinois Dental
7    Practice Act, the Dietitian Nutritionist Practice Act, the
8    Marriage and Family Therapy Licensing Act, the Medical
9    Practice Act of 1987, the Naprapathic Practice Act, the
10    Nurse Practice Act, the Nursing Home Administrators
11    Licensing and Disciplinary Act, the Illinois Occupational
12    Therapy Practice Act, the Illinois Optometric Practice Act
13    of 1987, the Pharmacy Practice Act, the Illinois Physical
14    Therapy Act, the Physician Assistant Practice Act of 1987,
15    the Podiatric Medical Practice Act of 1987, the
16    Respiratory Care Practice Act, the Professional Counselor
17    and Clinical Professional Counselor Licensing and Practice
18    Act, the Illinois Speech-Language Pathology and Audiology
19    Practice Act, the Veterinary Medicine and Surgery Practice
20    Act of 2004, and the Illinois Public Accounting Act;
21        (1.5) an employee of an entity providing developmental
22    disabilities services or service coordination funded by
23    the Department of Human Services;
24        (2) an employee of a vocational rehabilitation
25    facility prescribed or supervised by the Department of
26    Human Services;
		HB4700 Enrolled	- 9 -	LRB104 18651 BAB 32094 b
1        (3) an administrator, employee, or person providing
2    services in or through an unlicensed community based
3    facility;
4        (4) any religious practitioner who provides treatment
5    by prayer or spiritual means alone in accordance with the
6    tenets and practices of a recognized church or religious
7    denomination, except as to information received in any
8    confession or sacred communication enjoined by the
9    discipline of the religious denomination to be held
10    confidential;
11        (5) field personnel of the Department of Healthcare
12    and Family Services, Department of Public Health, and
13    Department of Human Services, and any county or municipal
14    health department;
15        (6) personnel of the Department of Human Services, the
16    Guardianship and Advocacy Commission, the State Fire
17    Marshal, local fire departments, the Department on Aging
18    and its subsidiary Area Agencies on Aging and provider
19    agencies, except the State Long Term Care Ombudsman and
20    any of his or her representatives or volunteers where
21    prohibited from making such a report pursuant to 45 CFR
22    1324.11(e)(3)(iv);
23        (7) any employee of the State of Illinois not
24    otherwise specified herein who is involved in providing
25    services to eligible adults, including professionals
26    providing medical or rehabilitation services and all other
		HB4700 Enrolled	- 10 -	LRB104 18651 BAB 32094 b
1    persons having direct contact with eligible adults;
2        (8) a person who performs the duties of a coroner or
3    medical examiner;
4        (9) a person who performs the duties of a paramedic or
5    an emergency medical technician; or
6        (10) a person who performs the duties of an investment
7    advisor.
8    (g) "Neglect" means another individual's failure to
9provide an eligible adult with or willful withholding from an
10eligible adult the necessities of life including, but not
11limited to, food, clothing, shelter or health care. This
12subsection does not create any new affirmative duty to provide
13support to eligible adults. Nothing in this Act shall be
14construed to mean that an eligible adult is a victim of neglect
15because of health care services provided or not provided by
16licensed health care professionals.
17    (h) "Provider agency" means any public or nonprofit agency
18in a planning and service area that is selected by the
19Department or appointed by the regional administrative agency
20with prior approval by the Department on Aging to receive and
21assess reports of alleged or suspected abuse, abandonment,
22neglect, or financial exploitation. A provider agency is also
23referenced as a "designated agency" in this Act.
24    (i) "Regional administrative agency" means any public or
25nonprofit agency in a planning and service area that provides
26regional oversight and performs functions as set forth in
		HB4700 Enrolled	- 11 -	LRB104 18651 BAB 32094 b
1subsection (b) of Section 3 of this Act. The Department shall
2designate an Area Agency on Aging as the regional
3administrative agency or, in the event the Area Agency on
4Aging in that planning and service area is deemed by the
5Department to be unwilling or unable to provide those
6functions, the Department may serve as the regional
7administrative agency or designate another qualified entity to
8serve as the regional administrative agency; any such
9designation shall be subject to terms set forth by the
10Department.
11    (i-5) "Self-neglect" means a condition that is the result
12of an eligible adult's inability, due to physical or mental
13impairments, or both, or a diminished capacity, to perform
14essential self-care tasks that substantially threaten his or
15her own health, including: providing essential food, clothing,
16shelter, and health care; and obtaining goods and services
17necessary to maintain physical health, mental health,
18emotional well-being, and general safety. The term includes
19compulsive hoarding, which is characterized by the acquisition
20and retention of large quantities of items and materials that
21produce an extensively cluttered living space, which
22significantly impairs the performance of essential self-care
23tasks or otherwise substantially threatens life or safety.
24    (j) "Substantiated case" means a reported case of alleged
25or suspected abuse, abandonment, neglect, financial
26exploitation, or self-neglect in which a provider agency,
		HB4700 Enrolled	- 12 -	LRB104 18651 BAB 32094 b
1after assessment, determines that there is reason to believe
2abuse, abandonment, neglect, or financial exploitation has
3occurred.
4    (k) "Verified" means a determination that there is "clear
5and convincing evidence" that the specific injury or harm
6alleged was the result of abuse, abandonment, neglect, or
7financial exploitation.
8(Source: P.A. 102-244, eff. 1-1-22; 102-953, eff. 5-27-22;
9103-329, eff. 1-1-24; 103-626, eff. 1-1-25.)