HB 4643 — DHS-OIG INVESTIGATIONS

HB4643 EngrossedEnrolled LRB104 17702 KTG 31133 b AN ACT concerning State government.

"Agency" or "community agency" means (i) a community HB4643 EngrossedEnrolled - 2 - LRB104 17702 KTG 31133 b agency licensed, funded, or certified by the Department, but not licensed or certified by any other human services agency of the State, to provide mental health service or developmental disabilities service, or (ii) a program licensed, funded, or certified by the Department, but not licensed or certified by any other human services agency of the State, to provide mental health service or developmental disabilities service.

"Developmental disability" means "developmental disability" as defined in the Mental Health and Developmental HB4643 EngrossedEnrolled - 3 - LRB104 17702 KTG 31133 b Disabilities Code.

"Finding" means the Office of Inspector General's HB4643 EngrossedEnrolled - 4 - LRB104 17702 KTG 31133 b determination regarding whether an allegation is substantiated, unsubstantiated, or unfounded.

Violation of paragraph (2) of subsection (i) may also HB4643 EngrossedEnrolled - 5 - LRB104 17702 KTG 31133 b result in a finding of material obstruction of an investigation.

"Mental abuse" means the use of demeaning, intimidating, or threatening words, signs, gestures, or other actions by an HB4643 EngrossedEnrolled - 6 - LRB104 17702 KTG 31133 b employee about an individual and in the presence of an individual or individuals that results in emotional distress or maladaptive behavior, or could have resulted in emotional distress or maladaptive behavior, for any individual present.

"Physical abuse" includes actions that cause bodily harm HB4643 EngrossedEnrolled - 7 - LRB104 17702 KTG 31133 b as a result of an employee directing an individual or person to physically abuse another individual.

Sexual abuse also includes (i) an employee's actions that result in the sending or showing of HB4643 EngrossedEnrolled - 8 - LRB104 17702 KTG 31133 b sexually explicit images to an individual via computer, cellular phone, electronic mail, portable electronic device, or other media with or without contact with the individual or (ii) an employee's posting of sexually explicit images of an individual online or elsewhere whether or not there is contact with the individual.

The Inspector General shall function independently within the Department with respect to the operations of the Office, including the HB4643 EngrossedEnrolled - 9 - LRB104 17702 KTG 31133 b performance of investigations and issuance of findings and recommendations and the performance of site visits and reviews of facilities and community agencies.

Nothing in this Section shall preempt any duties of HB4643 EngrossedEnrolled - 10 - LRB104 17702 KTG 31133 b the Medical Review Board set forth in the Mental Health and Developmental Disabilities Code.

The rules shall clearly establish that if 2 or more State agencies could investigate an allegation, the Inspector General shall not conduct an HB4643 EngrossedEnrolled - 11 - LRB104 17702 KTG 31133 b investigation that would be redundant to, or interfere with, an investigation conducted by another State agency.

Upon concluding a review, the Inspector General shall issue a HB4643 EngrossedEnrolled - 12 - LRB104 17702 KTG 31133 b written report setting forth its conclusions and recommendations.

The Inspector General shall further ensure (i) every person authorized to conduct investigations at community HB4643 EngrossedEnrolled - 13 - LRB104 17702 KTG 31133 b agencies receives ongoing training in Title 59, Parts 115, 116, and 119 of the Illinois Administrative Code, and (ii) every person authorized to conduct investigations shall receive ongoing training in Title 59, Part 50 of the Illinois Administrative Code.

(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 other employees to provide false information to the an Office of the Inspector General HB4643 EngrossedEnrolled - 14 - LRB104 17702 KTG 31133 b hotline or an investigator, (v) destroying evidence, (vi) withholding evidence, (vii) influencing, threatening, or impeding a victim's, complainant's, or required reporter's report of an allegation to the hotline or witness testimony during an investigation, or (viii) (vii) otherwise obstructing a report to the an Office of the Inspector General hotline or investigation.

If an employee witnesses, is told of, HB4643 EngrossedEnrolled - 15 - LRB104 17702 KTG 31133 b or has reason to believe an incident of mental abuse, physical abuse, sexual abuse, neglect, financial exploitation, or material obstruction of an investigation has occurred, the employee, agency, or 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:

(ii) Any death of an individual occurring within 24 hours after deflection from a residential program HB4643 EngrossedEnrolled - 16 - LRB104 17702 KTG 31133 b or facility.

Within 10 HB4643 EngrossedEnrolled - 17 - LRB104 17702 KTG 31133 b business days after the transmittal of a completed investigative report substantiating an allegation, finding an allegation is unsubstantiated, or if a recommendation is made, the Inspector General shall provide the investigative report on the case to the Secretary and to the director of the facility or agency where any one or more of the following occurred:

HB4643 EngrossedEnrolled - 18 - LRB104 17702 KTG 31133 b "Raw data used to compile the investigative report" includes, but is not limited to, any one or more of the following:

If, during its investigation, the Office of the Inspector General found credible evidence of neglect by a person licensed by the Department of Financial and Professional Regulation who is not within the Office's jurisdiction, the Office may provide an unfounded or unsubstantiated investigative report or death report, as well as raw data, with the Department of Financial HB4643 EngrossedEnrolled - 19 - LRB104 17702 KTG 31133 b and Professional Regulation, upon written request.

A request for reconsideration shall be subject to a multi-layer review and shall include at least one reviewer HB4643 EngrossedEnrolled - 20 - LRB104 17702 KTG 31133 b who did not participate in the investigation or approval of the original investigative report.

(i) additional site visits, (ii) training, (iii) provision of technical assistance relative to administrative needs, licensure, or certification, HB4643 EngrossedEnrolled - 21 - LRB104 17702 KTG 31133 b or (iv) the imposition of appropriate sanctions.

HB4643 EngrossedEnrolled - 22 - LRB104 17702 KTG 31133 b (2) Transfer or relocation of an individual or individuals.

Prior to reporting the name of an employee, the employee shall be notified of the HB4643 EngrossedEnrolled - 23 - LRB104 17702 KTG 31133 b Department's obligation to report and shall be granted an opportunity to request an administrative hearing, the sole purpose of which is to determine if the substantiated finding warrants reporting to the Registry.

After considering all the evidence presented, the administrative HB4643 EngrossedEnrolled - 24 - LRB104 17702 KTG 31133 b law judge shall make a recommendation to the Secretary as to whether the substantiated finding warrants reporting the name of the employee to the Registry.

No reporting to the Registry shall occur and no hearing shall be set or proceed if an employee notifies the Inspector General in writing, including any supporting documentation, that he or she is formally contesting an HB4643 EngrossedEnrolled - 25 - LRB104 17702 KTG 31133 b adverse employment action resulting from a substantiated finding by complaint filed with the Illinois Civil Service Commission, or which otherwise seeks to enforce the employee's rights pursuant to any applicable collective bargaining agreement.

The parties may jointly request that the administrative law judge consider a stipulated disposition HB4643 EngrossedEnrolled - 26 - LRB104 17702 KTG 31133 b of these proceedings.

Members shall serve without compensation, but HB4643 EngrossedEnrolled - 27 - LRB104 17702 KTG 31133 b shall be reimbursed for expenses incurred in connection with the performance of their duties as members.

The Inspector General shall provide to the General Assembly and the Governor, no later than January 1 HB4643 EngrossedEnrolled - 28 - LRB104 17702 KTG 31133 b of each year, a summary of reports and investigations made under this Act for the prior fiscal year with respect to individuals receiving mental health or developmental disabilities services.

The Auditor General shall conduct the program audit according to the provisions of the Illinois State Auditing Act and shall report its findings to the General Assembly no later than HB4643 EngrossedEnrolled - 29 - LRB104 17702 KTG 31133 b January 1 following the audit period.