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SB 3179 — DHS&CILA-SERVICES-DEV DISABLED
Last action — Public Act . . . . . . . . . 100-1098
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 16, 2018. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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3 sponsors
0 primary, 3 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (3 D).
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Cleared a recorded vote
Passed 2 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Amends the Department of Human Services Act. Adds additional duties for the Inspector General for the Department of Human Services. Defines "substantiated" to mean that there is clear and convincing evidence (rather than a preponderance) to support the allegation of abuse, neglect, or financial exploitation. Amends the Mental Health and Developmental Disabilities Administrative Act. Defines "nurse-training". Changes the criteria for non-licensed authorized direct care staff. Provides that within one year after the bill's effective date, the Department shall prepare a report that identifies any efficiencies or improvements in Department operations, the oversight of agencies, and the reduction or elimination of duplicative activities. The report shall include a quality assessment of the feasibility of combining the functions of the Division of Developmental Disabilities' Bureau of Quality Management and the Department's Bureau of Accreditation, Licensure, and Certification. Upon the report's completion, the Department shall post the report on the Department's website and submit it to the General Assembly and Governor. Amends the Community-Integrated Living Arrangements Licensure and Certification Act. Provides that using contemporary data gathered on reports of allegations of abuse, neglect, and financial exploitation, the Department shall establish a process by which the Department requires responses from agencies that annually report a number of allegations that are 2 or more standard deviations from the mean for all agencies. Provides that if an agency has documented evidence and has determined that the agency cannot adequately staff a community-integrated living arrangement, then the agency may take immediate steps to close the community-integrated living arrangement. Effective immediately.
Bill Text
What changed in the latest version
25 added · 25 removedPlain-language change summary
The changes between the two versions of Bill SB 3179 primarily involve updates to the document format, where "Enrolled" replaces "Engrossed." This update typically signals that the bill has gone through some legislative processing and is in its final form before becoming law. While the substantive content of the bill may not have changed, this distinction is important as it indicates the bill is moving closer to enactment and reflects the legislative process.
SB3179 EngrossedEnrolled LRB100 18946 RLC 34196 b AN ACT concerning health.
"Adult student with a disability" means an adult student, SB3179 EngrossedEnrolled - 2 - LRB100 18946 RLC 34196 b age 18 through 21, inclusive, with an Individual Education Program, other than a resident of a facility licensed by the Department of Children and Family Services in accordance with the Child Care Act of 1969.
SB3179 EngrossedEnrolled - 3 - LRB100 18946 RLC 34196 b "Deflection" includes triage, redirection, and denial of admission.
"Financial exploitation" means taking unjust advantage of SB3179 EngrossedEnrolled - 4 - LRB100 18946 RLC 34196 b an individual's assets, property, or financial resources through deception, intimidation, or conversion for the employee's, facility's, or agency's own advantage or benefit.
"Mitigating circumstance" means a condition that (i) is attendant to a finding, (ii) does not excuse or justify the conduct in question, but (iii) may be considered in evaluating the severity of the conduct, the culpability of the accused, or both the severity of the conduct and the culpability of the SB3179 EngrossedEnrolled - 5 - LRB100 18946 RLC 34196 b accused.
SB3179 EngrossedEnrolled - 6 - LRB100 18946 RLC 34196 b "Sexual abuse" means any sexual contact or intimate physical contact between an employee and an individual, including an employee's coercion or encouragement of an individual to engage in sexual behavior that results in sexual contact, intimate physical contact, sexual behavior, or intimate physical behavior.
The Governor shall appoint, and the Senate SB3179 EngrossedEnrolled - 7 - LRB100 18946 RLC 34196 b shall confirm, an Inspector General.
To comply with the requirements of subsection (k) of this Section, the Inspector General shall also review all reportable deaths for SB3179 EngrossedEnrolled - 8 - LRB100 18946 RLC 34196 b which there is no allegation of abuse or neglect.
The rules shall clearly establish SB3179 EngrossedEnrolled - 9 - LRB100 18946 RLC 34196 b that if 2 or more State agencies could investigate an allegation, the Inspector General shall not conduct an investigation that would be redundant to, or interfere with, an investigation conducted by another State agency.
The Inspector General shall further ensure (i) every person authorized to conduct investigations at community agencies receives ongoing training in Title 59, Parts 115, 116, and 119, and (ii) every person authorized to conduct investigations shall receive ongoing training in Title 59, Part SB3179 EngrossedEnrolled - 10 - LRB100 18946 RLC 34196 b 50.
(i) creating and transmitting a false report to the Office of the Inspector General hotline, (ii) providing false information to an Office of the Inspector General Investigator during an investigation, (iii) colluding with other employees to cover up evidence, (iv) colluding with SB3179 EngrossedEnrolled - 11 - LRB100 18946 RLC 34196 b other employees to provide false information to an Office of the Inspector General investigator, (v) destroying evidence, (vi) withholding evidence, or (vii) otherwise obstructing an Office of the Inspector General investigation.
If an employee witnesses, is told of, or has reason to believe an incident of mental abuse, physical abuse, sexual abuse, neglect, or financial exploitation has occurred, the employee, agency, or SB3179 EngrossedEnrolled - 12 - LRB100 18946 RLC 34196 b facility shall report the allegation by phone to the Office of the Inspector General hotline according to the agency's or facility's procedures, but in no event later than 4 hours after the initial discovery of the incident, allegation, or suspicion of any one or more of the following:
It is a violation of this Act for any employee or administrator of an agency or facility to take retaliatory action against an employee who acts in good faith in conformance with his or her duties as a required SB3179 EngrossedEnrolled - 13 - LRB100 18946 RLC 34196 b reporter.
If the allegation is not reportable to the Domestic Abuse Program, the Office of the Inspector General shall make an expeditious referral SB3179 EngrossedEnrolled - 14 - LRB100 18946 RLC 34196 b to the respective law enforcement entity.
All investigative reports prepared by the SB3179 EngrossedEnrolled - 15 - LRB100 18946 RLC 34196 b Office of the Inspector General shall be considered confidential and shall not be released except as provided by the law of this State or as required under applicable federal law.
The response shall include the SB3179 EngrossedEnrolled - 16 - LRB100 18946 RLC 34196 b implementation and completion dates of such actions.
SB3179 EngrossedEnrolled - 17 - LRB100 18946 RLC 34196 b (q) Action by facility or agency.
SB3179 EngrossedEnrolled - 18 - LRB100 18946 RLC 34196 b (3) Closure of units.
Notice is sufficient SB3179 EngrossedEnrolled - 19 - LRB100 18946 RLC 34196 b if provided by certified mail to the employee's last known address.
A person who makes a report or who investigates a report under this Act shall SB3179 EngrossedEnrolled - 20 - LRB100 18946 RLC 34196 b testify fully in any judicial proceeding resulting from such a report, as to any evidence of abuse or neglect, or the cause thereof.
If an action taken by an employer against an employee as a result of a finding of physical abuse, sexual abuse, or egregious neglect is overturned through an action filed with the Illinois Civil Service Commission or under any applicable collective bargaining agreement and if that employee's name has already been sent to the Registry, the employee's name shall be removed from SB3179 EngrossedEnrolled - 21 - LRB100 18946 RLC 34196 b the Registry.
Of the initial appointments made by the Governor, 4 Board members shall each be appointed for a SB3179 EngrossedEnrolled - 22 - LRB100 18946 RLC 34196 b term of 4 years and 3 members shall each be appointed for a term of 2 years.
(1) Provide independent, expert consultation to the Inspector General on policies and protocols for SB3179 EngrossedEnrolled - 23 - LRB100 18946 RLC 34196 b investigations of alleged abuse, neglect, or both abuse and neglect.
The report SB3179 EngrossedEnrolled - 24 - LRB100 18946 RLC 34196 b shall also include detailed recommended administrative actions and matters for consideration by the General Assembly.
(y) Nothing in this Section shall require a facility, including its employees, agents, medical staff members, and health care professionals, to provide a service to an individual in contravention of that individual's stated or implied objection to the provision of that service on the ground that that service conflicts with the individual's religious beliefs or practices, nor shall the failure to provide a service to an individual be considered abuse under this Section if the individual has objected to the provision of that service based on his or her religious beliefs or SB3179 EngrossedEnrolled - 25 - LRB100 18946 RLC 34196 b practices.
Action History
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Public Act . . . . . . . . . 100-1098
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Effective Date August 26, 2018
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Governor Approved
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Sent to the Governor
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Passed Both Houses
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Third Reading - Short Debate - Passed 113-004-000
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Placed on Calendar Order of 3rd Reading - Short Debate
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Final Action Deadline Extended-9(b) May 31, 2018
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Held on Calendar Order of Second Reading - Short Debate
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Second Reading - Short Debate
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Added Alternate Co-Sponsor Rep. Laura Fine
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Added Alternate Co-Sponsor Rep. Sara Feigenholtz
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Placed on Calendar 2nd Reading - Short Debate
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Do Pass / Short Debate Human Services Committee; 012-000-000
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Final Action Deadline Extended-9(b) May 25, 2018
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Alternate Chief Sponsor Changed to Rep. Michelle Mussman
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Substitute House Sponsorship Request Accepted No Action Taken by Rules
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Substitute House Sponsorship Request Referred to Rules Committee
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Substitute House Sponsorship Request Filed Pursuant Rule 37(c) - Sen. Laura Murphy
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Assigned to Human Services Committee
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Added as Chief Co-Sponsor Sen. Patricia Van Pelt
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Referred to Rules Committee
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First Reading
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Chief House Sponsor Rep. Scott Drury
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Arrived in House
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Third Reading - Passed; 053-000-000
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Added as Chief Co-Sponsor Sen. Julie A. Morrison
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Placed on Calendar Order of 3rd Reading April 25, 2018
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Senate Floor Amendment No. 2 Adopted; Murphy
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Second Reading
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Senate Floor Amendment No. 2 Recommend Do Adopt Human Services; 007-000-000
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Senate Floor Amendment No. 2 Assignments Refers to Human Services
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Senate Floor Amendment No. 2 Referred to Assignments
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Senate Floor Amendment No. 2 Filed with Secretary by Sen. Laura M. Murphy
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Placed on Calendar Order of 2nd Reading April 12, 2018
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Do Pass as Amended Human Services; 010-000-000
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Senate Committee Amendment No. 1 Adopted
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Senate Committee Amendment No. 1 Postponed - Human Services
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Postponed - Human Services
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Senate Committee Amendment No. 1 Assignments Refers to Human Services
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Senate Committee Amendment No. 1 Referred to Assignments
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Senate Committee Amendment No. 1 Filed with Secretary by Sen. Laura M. Murphy
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Assigned to Human Services
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Referred to Assignments
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First Reading
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Filed with Secretary by Sen. Laura M. Murphy
Sponsors
- Laura M. Murphy · Cosponsor
- Sara Feigenholtz · Cosponsor
- Laura Fine · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 3 co-sponsors · 180 not signed on · 1 voted No
Sponsors (0)
None.
Co-sponsors (3)
- Laura M. Murphy Democrat
- Sara Feigenholtz Democrat
- Laura Fine Democrat
Not signed on (180)
180 members have not signed on to this bill.
Show all 180 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 70 | 3 | 0 | 1 |
| Republican | 11 | 1 | 0 | 0 |
| Democrat | 32 | 0 | 0 | 0 |
| Total | 113 | 4 | 0 | 1 |
| % of votes cast | 96% | 3% | 0% | 1% |
How each member voted (118)
| Member | Party | Vote |
|---|---|---|
| Batinick | — | Yea |
| Bellock | — | Yea |
| Bourne | — | Yea |
| Breen | — | Yea |
| Bristow | — | Yea |
| Butler | — | Yea |
| Carroll | — | Yea |
| Conyears-Ervin | — | Yea |
| Costello | — | Yea |
| McAuliffe | — | Yea |
| Flowers | — | Yea |
| Frese | — | Yea |
| Greenwood | — | Yea |
| Pritchard | — | Yea |
| Sente | — | Yea |
| Bennett | — | Yea |
| Sauer | — | Yea |
| Brady | — | Yea |
| Harris, David | — | Yea |
| Harris, Gregory | — | Yea |
| Hernandez | — | Yea |
| Burke, Daniel | — | Yea |
| Burke, Kelly | — | Yea |
| Hays | — | Yea |
| Lang | — | Yea |
| Long | — | Yea |
| Madigan | — | Yea |
| Jones | — | Yea |
| McDermed | — | Yea |
| McSweeney | — | Yea |
| Stewart | — | Yea |
| Stratton | — | Yea |
| Davis | — | Yea |
| Thapedi | — | Yea |
| Wheeler, Barbara | — | Yea |
| Turner | — | Yea |
| Wheeler, Keith | — | Yea |
| Mitchell, Bill | — | Yea |
| Unes | — | Yea |
| Williams | — | Yea |
| Mitchell, Christian | — | Yea |
| Wallace | — | Yea |
| Finnie, Natalie | — | Yea |
| Welter | — | Yea |
| Willis | — | Yea |
| Yingling | — | Yea |
| Zalewski | — | Yea |
| Cavaletto | — | Yea |
| Connor | — | Yea |
| Conroy | — | Yea |
| Currie | — | Yea |
| D'Amico | — | Yea |
| Demmer | — | Yea |
| Drury | — | Yea |
| Durkin | — | Yea |
| Fortner | — | Yea |
| Hurley | — | Yea |
| Jesiel | — | Yea |
| Tabares | — | Not Voting |
| Ives | — | Nay |
| Jimenez | — | Yea |
| Olsen | — | Yea |
| Parkhurst | — | Yea |
| Phillips | — | Nay |
| Reis | — | Yea |
| Riley | — | Yea |
| Skillicorn | — | Nay |
| Sommer | — | Yea |
| Soto | — | Yea |
| Wehrli | — | Yea |
| Winger | — | Yea |
| Andersson | — | Yea |
| Arroyo | — | Yea |
| Chapa LaVia | — | Yea |
| Anna Moeller | Democrat | Yea |
| Anthony DeLuca | Democrat | Yea |
| Camille Y. Lilly | Democrat | Yea |
| Carol Ammons | Democrat | Yea |
| Emanuel "Chris" Welch | Democrat | Yea |
| Fred Crespo | Democrat | Yea |
| Jaime M. Andrade, Jr. | Democrat | Yea |
| Jay Hoffman | Democrat | Yea |
| Jehan Gordon-Booth | Democrat | Yea |
| Julie A. Morrison | Democrat | Yea |
| Justin Slaughter | Democrat | Yea |
| Katie Stuart | Democrat | Yea |
| Kelly M. Cassidy | Democrat | Yea |
| La Shawn K. Ford | Democrat | Yea |
| Laura Fine | Democrat | Yea |
| Lawrence "Larry" Walsh, Jr. | Democrat | Yea |
| Marcus C. Evans, Jr. | Democrat | Yea |
| Martin J. Moylan | Democrat | Yea |
| Michael W. Halpin | Democrat | Yea |
| Michelle Mussman | Democrat | Yea |
| Natalie A. Manley | Democrat | Yea |
| Nicholas K. Smith | Democrat | Yea |
| Rita Mayfield | Democrat | Yea |
| Robert "Bob" Rita | Democrat | Yea |
| Robert F. Martwick | Democrat | Yea |
| Robyn Gabel | Democrat | Yea |
| Sara Feigenholtz | Democrat | Yea |
| Sonya M. Harper | Democrat | Yea |
| Stephanie A. Kifowit | Democrat | Yea |
| Sue Scherer | Democrat | Yea |
| Theresa Mah | Democrat | Yea |
| Will Guzzardi | Democrat | Yea |
| Brad Halbrook | Republican | Nay |
| Charles Meier | Republican | Yea |
| Christopher "C.D." Davidsmeyer | Republican | Yea |
| Dan Swanson | Republican | Yea |
| Dave Severin | Republican | Yea |
| Joe C. Sosnowski | Republican | Yea |
| John M. Cabello | Republican | Yea |
| Norine K. Hammond | Republican | Yea |
| Ryan Spain | Republican | Yea |
| Steven Reick | Republican | Yea |
| Terri Bryant | Republican | Yea |
| Tony M. McCombie | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 30 | 0 | 0 | 5 |
| Democrat | 14 | 0 | 0 | 1 |
| Republican | 9 | 0 | 0 | 0 |
| Total | 53 | 0 | 0 | 6 |
| % of votes cast | 90% | 0% | 0% | 10% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Barickman | — | Yea |
| Bertino-Tarrant | — | Yea |
| Biss | — | Yea |
| Bivins | — | Not Voting |
| Bush | — | Yea |
| Muñoz | — | Yea |
| Clayborne | — | Yea |
| Landek | — | Yea |
| McCann | — | Yea |
| Rooney | — | Yea |
| McCarter | — | Yea |
| Mulroe | — | Yea |
| Oberweis | — | Yea |
| Bennett | — | Yea |
| Harris | — | Yea |
| Steans | — | Yea |
| Brady | — | Yea |
| Haine | — | Yea |
| Cullerton | — | Yea |
| Link | — | Yea |
| Cullerton, T. | — | Yea |
| McGuire | — | Not Voting |
| McConnaughay | — | Not Voting |
| Silverstein | — | Not Voting |
| Connelly | — | Yea |
| Hutchinson | — | Yea |
| Nybo | — | Yea |
| Raoul | — | Yea |
| Righter | — | Not Voting |
| Sandoval | — | Yea |
| Schimpf | — | Yea |
| Manar | — | Yea |
| Althoff | — | Yea |
| Martinez | — | Yea |
| Van Pelt | — | Yea |
| Bill Cunningham | Democrat | Yea |
| Cristina Castro | Democrat | Yea |
| David Koehler | Democrat | Yea |
| Don Harmon | Democrat | Yea |
| Elgie R. Sims, Jr. | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Julie A. Morrison | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Laura M. Murphy | Democrat | Yea |
| Linda Holmes | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Michael E. Hastings | Democrat | Yea |
| Omar Aquino | Democrat | Not Voting |
| Steve Stadelman | Democrat | Yea |
| Chapin Rose | Republican | Yea |
| Dale Fowler | Republican | Yea |
| Dan McConchie | Republican | Yea |
| Dave Syverson | Republican | Yea |
| Jil Tracy | Republican | Yea |
| John F. Curran | Republican | Yea |
| Neil Anderson | Republican | Yea |
| Sue Rezin | Republican | Yea |
| Travis Weaver | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 3179 do?
- Amends the Department of Human Services Act. Adds additional duties for the Inspector General for the Department of Human Services. Defines "substantiated" to mean that there is clear and convincing evidence (rather than a preponderance) to support the allegation of abuse, neglect, or financial exploitation. Amends the Mental Health and Developmental Disabilities Administrative Act. Defines "nurse-training". Changes the criteria for non-licensed authorized direct care staff. Provides that within one year after the bill's effective date, the Department shall prepare a report that identifies any efficiencies or improvements in Department operations, the oversight of agencies, and the reduction or elimination of duplicative activities. The report shall include a quality assessment of the feasibility of combining the functions of the Division of Developmental Disabilities' Bureau of Quality Management and the Department's Bureau of Accreditation, Licensure, and Certification. Upon the report's completion, the Department shall post the report on the Department's website and submit it to the General Assembly and Governor. Amends the Community-Integrated Living Arrangements Licensure and Certification Act. Provides that using contemporary data gathered on reports of allegations of abuse, neglect, and financial exploitation, the Department shall establish a process by which the Department requires responses from agencies that annually report a number of allegations that are 2 or more standard deviations from the mean for all agencies. Provides that if an agency has documented evidence and has determined that the agency cannot adequately staff a community-integrated living arrangement, then the agency may take immediate steps to close the community-integrated living arrangement. Effective immediately.
- Who sponsors SB 3179?
- SB 3179 is sponsored by Laura M. Murphy (Democrat), Sara Feigenholtz (Democrat), and Laura Fine (Democrat).
- What is the current status of SB 3179?
- This bill has been enacted into law. Introduced February 16, 2018. Enacted.
- Where can I track SB 3179?
- Track SB 3179 free on One Click Politics — get push/email alerts when it moves.
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