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Illinois General Assembly· HB 4700Governor Approved

ASSIST LIVING-MANDATED REPORT, the official text

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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,

3 represented in the General Assembly:

4   Section 5. The Abused and Neglected Long Term Care

5 Facility Residents Reporting Act is amended by changing

6 Section 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

9 requires:

10  a. "Department" means the Department of Public Health of

11 the State of Illinois.

12  b. "Resident" means a person residing in and receiving

13 personal care from a long term care facility, or residing in a

14 mental health facility or developmental disability facility as

15 defined in the Mental Health and Developmental Disabilities

16 Code.

17  c. "Long term care facility" has the same meaning ascribed

18 to such term in the Nursing Home Care Act, except that the term

19 as used in this Act shall include any mental health facility or

20 developmental disability facility as defined in the Mental

21 Health and Developmental Disabilities Code. The term also

22 includes any facility licensed under the Assisted Living and

23 Shared Housing Act, the ID/DD Community Care Act, the MC/DD
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1 Act, or the Specialized Mental Health Rehabilitation Act of

2 2013.

3   d. "Abuse" means any physical injury, sexual abuse or

4 mental injury inflicted on a resident other than by accidental

5 means.

6   e. "Neglect" means a failure in a long term care facility

7 to provide adequate medical or personal care or maintenance,

8 which failure results in physical or mental injury to a

9 resident or in the deterioration of a resident's physical or

10 mental condition.

11  f. "Protective services" means services provided to a

12 resident who has been abused or neglected, which may include,

13 but are not limited to alternative temporary institutional

14 placement, nursing care, counseling, other social services

15 provided at the nursing home where the resident resides or at

16 some other facility, personal care and such protective

17 services of voluntary agencies as are available.

18  g. Unless the context otherwise requires, direct or

19 indirect references in this Act to the programs, personnel,

20 facilities, services, service providers, or service recipients

21 of the Department of Human Services shall be construed to

22 refer only to those programs, personnel, facilities, services,

23 service providers, or service recipients that pertain to the

24 Department of Human Services' mental health and developmental

25 disabilities functions.

26 (Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)
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1   Section 10. The Adult Protective Services Act is amended

2 by 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

5 context requires otherwise:

6   (a) "Abandonment" means the desertion or willful forsaking

7 of an eligible adult by an individual responsible for the care

8 and custody of that eligible adult under circumstances in

9 which a reasonable person would continue to provide care and

10 custody. Nothing in this Act shall be construed to mean that an

11 eligible adult is a victim of abandonment because of health

12 care services provided or not provided by licensed health care

13 professionals.

14  (a-1) "Abuse" means causing any physical, mental or sexual

15 injury to an eligible adult, including exploitation of such

16 adult's financial resources, and abandonment or subjecting an

17 eligible adult to an environment which creates a likelihood of

18 harm to the eligible adult's health, physical and emotional

19 well-being, or welfare.

20  Nothing in this Act shall be construed to mean that an

21 eligible adult is a victim of abuse, abandonment, neglect, or

22 self-neglect for the sole reason that he or she is being

23 furnished with or relies upon treatment by spiritual means

24 through prayer alone, in accordance with the tenets and
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1 practices of a recognized church or religious denomination.

2   Nothing in this Act shall be construed to mean that an

3 eligible adult is a victim of abuse because of health care

4 services provided or not provided by licensed health care

5 professionals.

6   Nothing in this Act shall be construed to mean that an

7 eligible adult is a victim of abuse in cases of criminal

8 activity by strangers, telemarketing scams, consumer fraud,

9 internet fraud, home repair disputes, complaints against a

10 homeowners' association, or complaints between landlords and

11 tenants.

12  (a-5) "Abuser" means a person who is a family member,

13 caregiver, or another person who has a continuing relationship

14 with the eligible adult and abuses, abandons, neglects, or

15 financially exploits an eligible adult.

16  (a-6) "Adult with disabilities" means a person aged 18

17 through 59 who resides in a domestic living situation and

18 whose disability as defined in subsection (c-5) impairs his or

19 her ability to seek or obtain protection from abuse,

20 abandonment, neglect, or exploitation.

21  (a-7) "Caregiver" means a person who either as a result of

22 a family relationship, voluntarily, or in exchange for

23 compensation has assumed responsibility for all or a portion

24 of the care of an eligible adult who needs assistance with

25 activities of daily living or instrumental activities of daily

26 living.
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1   (b) "Department" means the Department on Aging of the

2 State of Illinois.

3   (c) "Director" means the Director of the Department.

4   (c-5) "Disability" means a physical or mental disability,

5 including, but not limited to, a developmental disability, an

6 intellectual disability, a mental illness as defined under the

7 Mental Health and Developmental Disabilities Code, or dementia

8 as defined under the Alzheimer's Disease Assistance Act.

9   (d) "Domestic living situation" means a residence where

10 the eligible adult at the time of the report lives alone or

11 with his or her family or a caregiver, or others, or other

12 community-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

18 disabilities aged 18 through 59 or a person aged 60 or older

19 who resides in a domestic living situation and is, or is

20 alleged to be, abused, abandoned, neglected, or financially

21 exploited by another individual or who neglects himself or

22 herself. "Eligible adult" also includes an adult who resides

23 in any of the facilities that are excluded from the definition

24 of "domestic living situation" under paragraphs (1) through

25 (9) of subsection (d), if either: (i) the alleged abuse,

26 abandonment, or neglect occurs outside of the facility and not
    HB4700 Enrolled       -7-  LRB104 18651 BAB 32094 b

1 under facility supervision and the alleged abuser is a family

2 member, caregiver, or another person who has a continuing

3 relationship with the adult; or (ii) the alleged financial

4 exploitation is perpetrated by a family member, caregiver, or

5 another person who has a continuing relationship with the

6 adult, but who is not an employee of the facility where the

7 adult resides.

8   (f) "Emergency" means a situation in which an eligible

9 adult is living in conditions presenting a risk of death or

10 physical, mental or sexual injury and the provider agency has

11 reason to believe the eligible adult is unable to consent to

12 services which would alleviate that risk.

13  (f-1) "Financial exploitation" means the use of an

14 eligible adult's resources by another to the disadvantage of

15 that adult or the profit or advantage of a person other than

16 that adult.

17  (f-3) "Investment advisor" means any person required to

18 register as an investment adviser or investment adviser

19 representative under Section 8 of the Illinois Securities Law

20 of 1953, which for purposes of this Act excludes any bank,

21 trust company, savings bank, or credit union, or their

22 respective employees.

23  (f-5) "Mandated reporter" means any of the following

24 persons while engaged in carrying out their professional

25 duties:

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

9 provide an eligible adult with or willful withholding from an

10 eligible adult the necessities of life including, but not

11 limited to, food, clothing, shelter or health care. This

12 subsection does not create any new affirmative duty to provide

13 support to eligible adults. Nothing in this Act shall be

14 construed to mean that an eligible adult is a victim of neglect

15 because of health care services provided or not provided by

16 licensed health care professionals.

17  (h) "Provider agency" means any public or nonprofit agency

18 in a planning and service area that is selected by the

19 Department or appointed by the regional administrative agency

20 with prior approval by the Department on Aging to receive and

21 assess reports of alleged or suspected abuse, abandonment,

22 neglect, or financial exploitation. A provider agency is also

23 referenced as a "designated agency" in this Act.

24  (i) "Regional administrative agency" means any public or

25 nonprofit agency in a planning and service area that provides

26 regional oversight and performs functions as set forth in
    HB4700 Enrolled  - 11 - LRB104 18651 BAB 32094 b

1 subsection (b) of Section 3 of this Act. The Department shall

2 designate an Area Agency on Aging as the regional

3 administrative agency or, in the event the Area Agency on

4 Aging in that planning and service area is deemed by the

5 Department to be unwilling or unable to provide those

6 functions, the Department may serve as the regional

7 administrative agency or designate another qualified entity to

8 serve as the regional administrative agency; any such

9 designation shall be subject to terms set forth by the

10 Department.

11  (i-5) "Self-neglect" means a condition that is the result

12 of an eligible adult's inability, due to physical or mental

13 impairments, or both, or a diminished capacity, to perform

14 essential self-care tasks that substantially threaten his or

15 her own health, including: providing essential food, clothing,

16 shelter, and health care; and obtaining goods and services

17 necessary to maintain physical health, mental health,

18 emotional well-being, and general safety. The term includes

19 compulsive hoarding, which is characterized by the acquisition

20 and retention of large quantities of items and materials that

21 produce an extensively cluttered living space, which

22 significantly impairs the performance of essential self-care

23 tasks or otherwise substantially threatens life or safety.

24  (j) "Substantiated case" means a reported case of alleged

25 or suspected abuse, abandonment, neglect, financial

26 exploitation, or self-neglect in which a provider agency,
   HB4700 Enrolled         - 12 - LRB104 18651 BAB 32094 b

1 after assessment, determines that there is reason to believe

2 abuse, abandonment, neglect, or financial exploitation has

3 occurred.

4  (k) "Verified" means a determination that there is "clear

5 and convincing evidence" that the specific injury or harm

6 alleged was the result of abuse, abandonment, neglect, or

7 financial exploitation.

8 (Source: P.A. 102-244, eff. 1-1-22; 102-953, eff. 5-27-22;

9 103-329, eff. 1-1-24; 103-626, eff. 1-1-25.)
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