HB 3967 — DPT AGING-ELDER ABUSE-NEGLECT

HB3967 EngrossedEnrolled LRB096 08013 DRJ 18117 b AN ACT concerning aging.

HB3967 EngrossedEnrolled - 2 - LRB096 08013 DRJ 18117 b (a-7) "Caregiver" means a person who either as a result of a family relationship, voluntarily, or in exchange for compensation has assumed responsibility for all or a portion of the care of an eligible adult who needs assistance with activities of daily living.

(5) A "community living facility" as defined in the HB3967 EngrossedEnrolled - 3 - LRB096 08013 DRJ 18117 b Community Living Facilities Licensing Act;

(i) social services, (ii) law enforcement, HB3967 EngrossedEnrolled - 4 - LRB096 08013 DRJ 18117 b (iii) education, (iv) the care of an eligible adult or eligible adults, or (v) any of the occupations required to be licensed under the Clinical Psychologist Licensing Act, the Clinical Social Work and Social Work Practice Act, the Illinois Dental Practice Act, the Dietetic and Nutrition Services Practice Act, the Marriage and Family Therapy Licensing Act, the Medical Practice Act of 1987, the Naprapathic Practice Act, the Nurse Practice Act, the Nursing Home Administrators Licensing and Disciplinary Act, the Illinois Occupational Therapy Practice Act, the Illinois Optometric Practice Act of 1987, the Pharmacy Practice Act, the Illinois Physical Therapy Act, the Physician Assistant Practice Act of 1987, the Podiatric Medical Practice Act of 1987, the Respiratory Care Practice Act, the Professional Counselor and Clinical Professional Counselor Licensing Act, the Illinois Speech-Language Pathology and Audiology Practice Act, the Veterinary Medicine and Surgery Practice Act of 2004, and the Illinois Public Accounting Act;

(4) any religious practitioner who provides treatment HB3967 EngrossedEnrolled - 5 - LRB096 08013 DRJ 18117 b by prayer or spiritual means alone in accordance with the tenets and practices of a recognized church or religious denomination, except as to information received in any confession or sacred communication enjoined by the discipline of the religious denomination to be held confidential;

(g) "Neglect" means another individual's failure to provide an eligible adult with or willful withholding from an HB3967 EngrossedEnrolled - 6 - LRB096 08013 DRJ 18117 b eligible adult the necessities of life including, but not limited to, food, clothing, shelter or health care.

and obtaining goods and services necessary to maintain physical health, mental health, HB3967 EngrossedEnrolled - 7 - LRB096 08013 DRJ 18117 b emotional well-being, and general safety.

HB3967 EngrossedEnrolled - 8 - LRB096 08013 DRJ 18117 b (c) Provider agencies shall assist, to the extent possible, eligible adults who need agency services to allow them to continue to function independently.

(d) Upon sufficient appropriations to implement a statewide program, the Department shall implement a program, based on the recommendations of the Elder Self-Neglect Steering Committee, By January 1, 2008, the Department on Aging, in cooperation with an Elder Self-Neglect Steering Committee, shall by rule develop protocols, procedures, and policies for HB3967 EngrossedEnrolled - 9 - LRB096 08013 DRJ 18117 b (i) responding to reports of possible self-neglect, (ii) protecting the autonomy, rights, privacy, and privileges of adults during investigations of possible self-neglect and consequential judicial proceedings regarding competency, (iii) collecting and sharing relevant information and data among the Department, provider agencies, regional administrative agencies, and relevant seniors, (iv) developing working agreements between provider agencies and law enforcement, where practicable, and (v) developing procedures for collecting data regarding incidents of self-neglect.

and 3 other persons selected by the HB3967 EngrossedEnrolled - 10 - LRB096 08013 DRJ 18117 b Director of Aging, including an expert from an institution of higher education who is familiar with the relevant areas of data collection and study.

Whenever a mandated reporter is required to report under this Act in his or her capacity as a member of the staff of a medical or other public or private institution, facility, board and care home, or agency, he or she shall make a report to an agency designated to receive such reports under this Act or to the Department in accordance with the provisions of this Act and may also notify the person in charge of the institution, facility, board and care home, or agency or his or HB3967 EngrossedEnrolled - 11 - LRB096 08013 DRJ 18117 b her designated agent that the report has been made.

(b) Any person, institution or agency participating in the making of a report, providing information or records related to HB3967 EngrossedEnrolled - 12 - LRB096 08013 DRJ 18117 b a report, assessment, or services, or participating in the investigation of a report under this Act in good faith, or taking photographs or x-rays as a result of an authorized assessment, shall have immunity from any civil, criminal or other liability in any civil, criminal or other proceeding brought in consequence of making such report or assessment or on account of submitting or otherwise disclosing such photographs or x-rays to any agency designated to receive reports of alleged or suspected abuse or neglect.

(d) The Department shall by rule establish a system for HB3967 EngrossedEnrolled - 13 - LRB096 08013 DRJ 18117 b filing and compiling reports made under this Act.

In accord with established law and Department protocols, procedures, and policies, access to such records, but not access to the identity of the person or persons making a report of alleged abuse, neglect, financial exploitation, or HB3967 EngrossedEnrolled - 14 - LRB096 08013 DRJ 18117 b self-neglect as contained in such records, shall be provided, upon request, to the following persons and for the following persons:

(4.5) An executor or administrator of the estate of an HB3967 EngrossedEnrolled - 15 - LRB096 08013 DRJ 18117 b eligible adult who is deceased;

and (8.5) A coroner or medical examiner having proper jurisdiction, pursuant to a written agreement between a provider agency and the coroner or medical examiner, under HB3967 EngrossedEnrolled - 16 - LRB096 08013 DRJ 18117 b which the provider agency may furnish to the office of the coroner or medical examiner a list of all eligible adults who may be at imminent risk of death as a result of abuse, neglect, financial exploitation, or self-neglect;

(b) If it reasonably appears to the Department or other agency designated under this Act that a person is an eligible adult and lacks the capacity to consent to necessary services, including an assessment, the Department or other agency may seek the appointment of a guardian as provided in Article XIa of the Probate Act of 1975 for the purpose of consenting to such services, together with an order for an evaluation of the HB3967 EngrossedEnrolled - 17 - LRB096 08013 DRJ 18117 b eligible adult's physical, psychological, and medical condition and decisional capacity.

(d) If an emergency exists and the Department or other agency designated under this Act reasonably believes that a person is an eligible adult and lacks the capacity to consent to necessary services, the Department or other agency may request an ex parte order from the circuit court of the county in which the petitioner or respondent resides or in which the alleged abuse, neglect, financial exploitation, or self-neglect occurred, authorizing an assessment of a report of alleged or suspected abuse, neglect, financial exploitation, or self-neglect or the provision of necessary services, or both, including relief available under the Illinois Domestic Violence Act of 1986 in accord with established law and HB3967 EngrossedEnrolled - 18 - LRB096 08013 DRJ 18117 b Department protocols, procedures, and policies.

HB3967 EngrossedEnrolled - 19 - LRB096 08013 DRJ 18117 b (a) In accord with established law and Department protocols, procedures, and policies, the designated provider agencies shall have access to eligible adults who have been reported or found to be victims of abuse, neglect, financial exploitation, or self-neglect in order to assess the validity of the report, assess other needs of the eligible adult, and provide services in accordance with this Act.

The petition shall be filed in the HB3967 EngrossedEnrolled - 20 - LRB096 08013 DRJ 18117 b county or counties in which the assets are located.