Rep. William Davis
Filed: 2/25/2022
 
 


 




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1
AMENDMENT TO HOUSE BILL 5186 




2 AMENDMENT NO. ______. Amend House Bill 5186 by replacing 
3everything after the enacting clause with the following:



4 "(20 ILCS 1110/7 rep.)


5 (20 ILCS 1110/8 rep.)


6 (20 ILCS 1110/9 rep.)


7 (20 ILCS 1110/10 rep.)


8 (20 ILCS 1110/11 rep.)


9 (20 ILCS 1110/12 rep.)


10 (20 ILCS 1110/13 rep.)


11 (20 ILCS 1110/14 rep.)


12 (20 ILCS 1110/15 rep.)


13 (20 ILCS 1110/16 rep.)


14 (20 ILCS 1110/17 rep.)

15 Section 5. The Illinois Coal and Energy Development Bond 
16Act is amended by repealing Sections 7, 8, 9, 10, 11, 12, 13, 
1714, 15, 16, and 17.

 
 
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1 Section 10. The Department of Human Services Act is 
2amended by changing Section 1-17 as follows:



3 (20 ILCS 1305/1-17)


4 Sec. 1-17. Inspector General.
5 (a) Nature and purpose. It is the express intent of the 
6General Assembly to ensure the health, safety, and financial 
7condition of individuals receiving services in this State due 
8to mental illness, developmental disability, or both by 
9protecting those persons from acts of abuse, neglect, or both 
10by service providers. To that end, the Office of the Inspector 
11General for the Department of Human Services is created to 
12investigate and report upon allegations of the abuse, neglect, 
13or financial exploitation of individuals receiving services 
14within mental health facilities, developmental disabilities 
15facilities, and community agencies operated, licensed, funded, 
16or certified by the Department of Human Services, but not 
17licensed or certified by any other State agency.
18 (b) Definitions. The following definitions apply to this 
19Section:
20 "Adult student with a disability" means an adult student, 
21age 18 through 21, inclusive, with an Individual Education 
22Program, other than a resident of a facility licensed by the 
23Department of Children and Family Services in accordance with 
24the Child Care Act of 1969. For purposes of this definition, 
 
 
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1"through age 21, inclusive", means through the day before the 
2student's 22nd birthday. 
3 "Agency" or "community agency" means (i) a community 
4agency licensed, funded, or certified by the Department, but 
5not licensed or certified by any other human services agency 
6of the State, to provide mental health service or 
7developmental disabilities service, or (ii) a program 
8licensed, funded, or certified by the Department, but not 
9licensed or certified by any other human services agency of 
10the State, to provide mental health service or developmental 
11disabilities service.
12 "Aggravating circumstance" means a factor that is 
13attendant to a finding and that tends to compound or increase 
14the culpability of the accused.
15 "Allegation" means an assertion, complaint, suspicion, or 
16incident involving any of the following conduct by an 
17employee, facility, or agency against an individual or 
18individuals: mental abuse, physical abuse, sexual abuse, 
19neglect, or financial exploitation.
20 "Day" means working day, unless otherwise specified.
21 "Deflection" means a situation in which an individual is 
22presented for admission to a facility or agency, and the 
23facility staff or agency staff do not admit the individual. 
24"Deflection" includes triage, redirection, and denial of 
25admission.
26 "Department" means the Department of Human Services. 
 
 
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1 "Developmental disability" means "developmental 
2disability" as defined in the Mental Health and Developmental 
3Disabilities Code.
4 "Egregious neglect" means a finding of neglect as 
5determined by the Inspector General that (i) represents a 
6gross failure to adequately provide for, or a callused 
7indifference to, the health, safety, or medical needs of an 
8individual and (ii) results in an individual's death or other 
9serious deterioration of an individual's physical condition or 
10mental condition.
11 "Employee" means any person who provides services at the 
12facility or agency on-site or off-site. The service 
13relationship can be with the individual or with the facility 
14or agency. Also, "employee" includes any employee or 
15contractual agent of the Department of Human Services or the 
16community agency involved in providing or monitoring or 
17administering mental health or developmental disability 
18services. This includes but is not limited to: owners, 
19operators, payroll personnel, contractors, subcontractors, and 
20volunteers.
21 "Facility" or "State-operated facility" means a mental 
22health facility or developmental disabilities facility 
23operated by the Department.
24 "Financial exploitation" means taking unjust advantage of 
25an individual's assets, property, or financial resources 
26through deception, intimidation, or conversion for the 
 
 
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1employee's, facility's, or agency's own advantage or benefit.
2 "Finding" means the Office of Inspector General's 
3determination regarding whether an allegation is 
4substantiated, unsubstantiated, or unfounded.
5 "Health Care Worker Registry" or "Registry" means the 
6Health Care Worker Registry under the Health Care Worker 
7Background Check Act.
8 "Individual" means any person receiving mental health 
9service, developmental disabilities service, or both from a 
10facility or agency, while either on-site or off-site.
11 "Mental abuse" means the use of demeaning, intimidating, 
12or threatening words, signs, gestures, or other actions by an 
13employee about an individual and in the presence of an 
14individual or individuals that results in emotional distress 
15or maladaptive behavior, or could have resulted in emotional 
16distress or maladaptive behavior, for any individual present.
17 "Mental illness" means "mental illness" as defined in the 
18Mental Health and Developmental Disabilities Code.
19 "Mentally ill" means having a mental illness. 
20 "Mitigating circumstance" means a condition that (i) is 
21attendant to a finding, (ii) does not excuse or justify the 
22conduct in question, but (iii) may be considered in evaluating 
23the severity of the conduct, the culpability of the accused, 
24or both the severity of the conduct and the culpability of the 
25accused.
26 "Neglect" means an employee's, agency's, or facility's 
 
 
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1failure to provide adequate medical care, personal care, or 
2maintenance and that, as a consequence, (i) causes an 
3individual pain, injury, or emotional distress, (ii) results 
4in either an individual's maladaptive behavior or the 
5deterioration of an individual's physical condition or mental 
6condition, or (iii) places the individual's health or safety 
7at substantial risk.
8 "Person with a developmental disability" means a person 
9having a developmental disability.
10 "Physical abuse" means an employee's non-accidental and 
11inappropriate contact with an individual that causes bodily 
12harm. "Physical abuse" includes actions that cause bodily harm 
13as a result of an employee directing an individual or person to 
14physically abuse another individual.
15 "Recommendation" means an admonition, separate from a 
16finding, that requires action by the facility, agency, or 
17Department to correct a systemic issue, problem, or deficiency 
18identified during an investigation.
19 "Required reporter" means any employee who suspects, 
20witnesses, or is informed of an allegation of any one or more 
21of the following: mental abuse, physical abuse, sexual abuse, 
22neglect, or financial exploitation.
23 "Secretary" means the Chief Administrative Officer of the 
24Department.
25 "Sexual abuse" means any sexual contact or intimate 
26physical contact between an employee and an individual, 
 
 
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1including an employee's coercion or encouragement of an 
2individual to engage in sexual behavior that results in sexual 
3contact, intimate physical contact, sexual behavior, or 
4intimate physical behavior. Sexual abuse also includes (i) an 
5employee's actions that result in the sending or showing of 
6sexually explicit images to an individual via computer, 
7cellular phone, electronic mail, portable electronic device, 
8or other media with or without contact with the individual or 
9(ii) an employee's posting of sexually explicit images of an 
10individual online or elsewhere whether or not there is contact 
11with the individual.
12 "Sexually explicit images" includes, but is not limited 
13to, any material which depicts nudity, sexual conduct, or 
14sado-masochistic abuse, or which contains explicit and 
15detailed verbal descriptions or narrative accounts of sexual 
16excitement, sexual conduct, or sado-masochistic abuse.
17 "Substantiated" means there is a preponderance of the 
18evidence to support the allegation.
19 "Unfounded" means there is no credible evidence to support 
20the allegation.
21 "Unsubstantiated" means there is credible evidence, but 
22less than a preponderance of evidence to support the 
23allegation. 
24 (c) Appointment. The Governor shall appoint, and the 
25Senate shall confirm, an Inspector General. The Inspector 
26General shall be appointed for a term of 4 years and shall 
 
 
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1function within the Department of Human Services and report to 
2the Secretary and the Governor. 
3 (d) Operation and appropriation. The Inspector General 
4shall function independently within the Department with 
5respect to the operations of the Office, including the 
6performance of investigations and issuance of findings and 
7recommendations. The appropriation for the Office of Inspector 
8General shall be separate from the overall appropriation for 
9the Department.
10 (e) Powers and duties. The Inspector General shall 
11investigate reports of suspected mental abuse, physical abuse, 
12sexual abuse, neglect, or financial exploitation of 
13individuals in any mental health or developmental disabilities 
14facility or agency and shall have authority to take immediate 
15action to prevent any one or more of the following from 
16happening to individuals under its jurisdiction: mental abuse, 
17physical abuse, sexual abuse, neglect, or financial 
18exploitation. Upon written request of an agency of this State, 
19the Inspector General may assist another agency of the State 
20in investigating reports of the abuse, neglect, or abuse and 
21neglect of persons with mental illness, persons with 
22developmental disabilities, or persons with both. To comply 
23with the requirements of subsection (k) of this Section, the 
24Inspector General shall also review all reportable deaths for 
25which there is no allegation of abuse or neglect. Nothing in 
26this Section shall preempt any duties of the Medical Review 
 
 
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1Board set forth in the Mental Health and Developmental 
2Disabilities Code. The Inspector General shall have no 
3authority to investigate alleged violations of the State 
4Officials and Employees Ethics Act. Allegations of misconduct 
5under the State Officials and Employees Ethics Act shall be 
6referred to the Office of the Governor's Executive Inspector 
7General for investigation.
8 (f) Limitations. The Inspector General shall not conduct 
9an investigation within an agency or facility if that 
10investigation would be redundant to or interfere with an 
11investigation conducted by another State agency. The Inspector 
12General shall have no supervision over, or involvement in, the 
13routine programmatic, licensing, funding, or certification 
14operations of the Department. Nothing in this subsection 
15limits investigations by the Department that may otherwise be 
16required by law or that may be necessary in the Department's 
17capacity as central administrative authority responsible for 
18the operation of the State's mental health and developmental 
19disabilities facilities.
20 (g) Rulemaking authority. The Inspector General shall 
21promulgate rules establishing minimum requirements for 
22reporting allegations as well as for initiating, conducting, 
23and completing investigations based upon the nature of the 
24allegation or allegations. The rules shall clearly establish 
25that if 2 or more State agencies could investigate an 
26allegation, the Inspector General shall not conduct an 
 
 
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1investigation that would be redundant to, or interfere with, 
2an investigation conducted by another State agency. The rules 
3shall further clarify the method and circumstances under which 
4the Office of Inspector General may interact with the 
5licensing, funding, or certification units of the Department 
6in preventing further occurrences of mental abuse, physical 
7abuse, sexual abuse, neglect, egregious neglect, and financial 
8exploitation.
9 (h) Training programs. The Inspector General shall (i) 
10establish a comprehensive program to ensure that every person 
11authorized to conduct investigations receives ongoing training 
12relative to investigation techniques, communication skills, 
13and the appropriate means of interacting with persons 
14receiving treatment for mental illness, developmental 
15disability, or both mental illness and developmental 
16disability, and (ii) establish and conduct periodic training 
17programs for facility and agency employees concerning the 
18prevention and reporting of any one or more of the following: 
19mental abuse, physical abuse, sexual abuse, neglect, egregious 
20neglect, or financial exploitation. The Inspector General 
21shall further ensure (i) every person authorized to conduct 
22investigations at community agencies receives ongoing training 
23in Title 59, Parts 115, 116, and 119 of the Illinois 
24Administrative Code, and (ii) every person authorized to 
25conduct investigations shall receive ongoing training in Title 
2659, Part 50 of the Illinois Administrative Code. Nothing in 
 
 
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1this Section shall be deemed to prevent the Office of 
2Inspector General from conducting any other training as 
3determined by the Inspector General to be necessary or 
4helpful.
5 (i) Duty to cooperate. 
6  (1) The Inspector General shall at all times be 
7 granted access to any facility or agency for the purpose 
8 of investigating any allegation, conducting unannounced 
9 site visits, monitoring compliance with a written 
10 response, or completing any other statutorily assigned 
11 duty. The Inspector General shall conduct unannounced site 
12 visits to each facility at least annually for the purpose 
13 of reviewing and making recommendations on systemic issues 
14 relative to preventing, reporting, investigating, and 
15 responding to all of the following: mental abuse, physical 
16 abuse, sexual abuse, neglect, egregious neglect, or 
17 financial exploitation.
18  (2) Any employee who fails to cooperate with an Office 
19 of the Inspector General investigation is in violation of 
20 this Act. Failure to cooperate with an investigation 
21 includes, but is not limited to, any one or more of the 
22 following: (i) creating and transmitting a false report to 
23 the Office of the Inspector General hotline, (ii) 
24 providing false information to an Office of the Inspector 
25 General Investigator during an investigation, (iii) 
26 colluding with other employees to cover up evidence, (iv) 
 
 
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1 colluding with other employees to provide false 
2 information to an Office of the Inspector General 
3 investigator, (v) destroying evidence, (vi) withholding 
4 evidence, or (vii) otherwise obstructing an Office of the 
5 Inspector General investigation. Additionally, any 
6 employee who, during an unannounced site visit or written 
7 response compliance check, fails to cooperate with 
8 requests from the Office of the Inspector General is in 
9 violation of this Act.
10 (j) Subpoena powers. The Inspector General shall have the 
11power to subpoena witnesses and compel the production of all 
12documents and physical evidence relating to his or her 
13investigations and any hearings authorized by this Act. This 
14subpoena power shall not extend to persons or documents of a 
15labor organization or its representatives insofar as the 
16persons are acting in a representative capacity to an employee 
17whose conduct is the subject of an investigation or the 
18documents relate to that representation. Any person who 
19otherwise fails to respond to a subpoena or who knowingly 
20provides false information to the Office of the Inspector 
21General by subpoena during an investigation is guilty of a 
22Class A misdemeanor.
23 (k) Reporting allegations and deaths.
24  (1) Allegations. If an employee witnesses, is told of, 
25 or has reason to believe an incident of mental abuse, 
26 physical abuse, sexual abuse, neglect, or financial 
 
 
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1 exploitation has occurred, the employee, agency, or 
2 facility shall report the allegation by phone to the 
3 Office of the Inspector General hotline according to the 
4 agency's or facility's procedures, but in no event later 
5 than 4 hours after the initial discovery of the incident, 
6 allegation, or suspicion of any one or more of the 
7 following: mental abuse, physical abuse, sexual abuse, 
8 neglect, or financial exploitation. A required reporter as 
9 defined in subsection (b) of this Section who knowingly or 
10 intentionally fails to comply with these reporting 
11 requirements is guilty of a Class A misdemeanor.
12  (2) Deaths. Absent an allegation, a required reporter 
13 shall, within 24 hours after initial discovery, report by 
14 phone to the Office of the Inspector General hotline each 
15 of the following:
16   (i) Any death of an individual occurring within 14 
17 calendar days after discharge or transfer of the 
18 individual from a residential program or facility.
19   (ii) Any death of an individual occurring within 
20 24 hours after deflection from a residential program 
21 or facility.
22   (iii) Any other death of an individual occurring 
23 at an agency or facility or at any Department-funded 
24 site.
25  (3) Retaliation. It is a violation of this Act for any 
26 employee or administrator of an agency or facility to take 
 
 
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1 retaliatory action against an employee who acts in good 
2 faith in conformance with his or her duties as a required 
3 reporter. 
4 (l) Reporting to law enforcement. (1) Reporting criminal 
5acts. Within 24 hours after determining that there is credible 
6evidence indicating that a criminal act may have been 
7committed or that special expertise may be required in an 
8investigation, the Inspector General shall notify the Illinois 
9State Police or other appropriate law enforcement authority, 
10or ensure that such notification is made. The Illinois State 
11Police shall investigate any report from a State-operated 
12facility indicating a possible murder, sexual assault, or 
13other felony by an employee. All investigations conducted by 
14the Inspector General shall be conducted in a manner designed 
15to ensure the preservation of evidence for possible use in a 
16criminal prosecution.
17  (2) Reporting allegations of adult students with 
18 disabilities. Upon receipt of a reportable allegation 
19 regarding an adult student with a disability, the 
20 Department's Office of the Inspector General shall 
21 determine whether the allegation meets the criteria for 
22 the Domestic Abuse Program under the Abuse of Adults with 
23 Disabilities Intervention Act. If the allegation is 
24 reportable to that program, the Office of the Inspector 
25 General shall initiate an investigation. If the allegation 
26 is not reportable to the Domestic Abuse Program, the 
 
 
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1 Office of the Inspector General shall make an expeditious 
2 referral to the respective law enforcement entity. If the 
3 alleged victim is already receiving services from the 
4 Department, the Office of the Inspector General shall also 
5 make a referral to the respective Department of Human 
6 Services' Division or Bureau. 
7 (m) Investigative reports. Upon completion of an 
8investigation, the Office of Inspector General shall issue an 
9investigative report identifying whether the allegations are 
10substantiated, unsubstantiated, or unfounded. Within 10 
11business days after the transmittal of a completed 
12investigative report substantiating an allegation, finding an 
13allegation is unsubstantiated, or if a recommendation is made, 
14the Inspector General shall provide the investigative report 
15on the case to the Secretary and to the director of the 
16facility or agency where any one or more of the following 
17occurred: mental abuse, physical abuse, sexual abuse, neglect, 
18egregious neglect, or financial exploitation. The director of 
19the facility or agency shall be responsible for maintaining 
20the confidentiality of the investigative report consistent 
21with State and federal law. In a substantiated case, the 
22investigative report shall include any mitigating or 
23aggravating circumstances that were identified during the 
24investigation. If the case involves substantiated neglect, the 
25investigative report shall also state whether egregious 
26neglect was found. An investigative report may also set forth 
 
 
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1recommendations. All investigative reports prepared by the 
2Office of the Inspector General shall be considered 
3confidential and shall not be released except as provided by 
4the law of this State or as required under applicable federal 
5law. Unsubstantiated and unfounded reports shall not be 
6disclosed except as allowed under Section 6 of the Abused and 
7Neglected Long Term Care Facility Residents Reporting Act. Raw 
8data used to compile the investigative report shall not be 
9subject to release unless required by law or a court order. 
10"Raw data used to compile the investigative report" includes, 
11but is not limited to, any one or more of the following: the 
12initial complaint, witness statements, photographs, 
13investigator's notes, police reports, or incident reports. If 
14the allegations are substantiated, the victim, the victim's 
15guardian, and the accused shall be provided with a redacted 
16copy of the investigative report. Death reports where there 
17was no allegation of abuse or neglect shall only be released 
18pursuant to applicable State or federal law or a valid court 
19order. Unredacted investigative reports, as well as raw data, 
20may be shared with a local law enforcement entity, a State's 
21Attorney's office, or a county coroner's office upon written 
22request.
23 (n) Written responses, clarification requests, and 
24reconsideration requests.
25  (1) Written responses. Within 30 calendar days from 
26 receipt of a substantiated investigative report or an 
 
 
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1 investigative report which contains recommendations, 
2 absent a reconsideration request, the facility or agency 
3 shall file a written response that addresses, in a concise 
4 and reasoned manner, the actions taken to: (i) protect the 
5 individual; (ii) prevent recurrences; and (iii) eliminate 
6 the problems identified. The response shall include the 
7 implementation and completion dates of such actions. If 
8 the written response is not filed within the allotted 30 
9 calendar day period, the Secretary shall determine the 
10 appropriate corrective action to be taken.
11  (2) Requests for clarification. The facility, agency, 
12 victim or guardian, or the subject employee may request 
13 that the Office of Inspector General clarify the finding 
14 or findings for which clarification is sought. 
15  (3) Requests for reconsideration. The facility, 
16 agency, victim or guardian, or the subject employee may 
17 request that the Office of the Inspector General 
18 reconsider the finding or findings or the recommendations. 
19 A request for reconsideration shall be subject to a 
20 multi-layer review and shall include at least one reviewer 
21 who did not participate in the investigation or approval 
22 of the original investigative report. After the 
23 multi-layer review process has been completed, the 
24 Inspector General shall make the final determination on 
25 the reconsideration request. The investigation shall be 
26 reopened if the reconsideration determination finds that 
 
 
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1 additional information is needed to complete the 
2 investigative record.
3 (o) Disclosure of the finding by the Inspector General. 
4The Inspector General shall disclose the finding of an 
5investigation to the following persons: (i) the Governor, (ii) 
6the Secretary, (iii) the director of the facility or agency, 
7(iv) the alleged victims and their guardians, (v) the 
8complainant, and (vi) the accused. This information shall 
9include whether the allegations were deemed substantiated, 
10unsubstantiated, or unfounded.
11 (p) Secretary review. Upon review of the Inspector 
12General's investigative report and any agency's or facility's 
13written response, the Secretary shall accept or reject the 
14written response and notify the Inspector General of that 
15determination. The Secretary may further direct that other 
16administrative action be taken, including, but not limited to, 
17any one or more of the following: (i) additional site visits, 
18(ii) training, (iii) provision of technical assistance 
19relative to administrative needs, licensure, or certification, 
20or (iv) the imposition of appropriate sanctions.
21 (q) Action by facility or agency. Within 30 days of the 
22date the Secretary approves the written response or directs 
23that further administrative action be taken, the facility or 
24agency shall provide an implementation report to the Inspector 
25General that provides the status of the action taken. The 
26facility or agency shall be allowed an additional 30 days to 
 
 
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1send notice of completion of the action or to send an updated 
2implementation report. If the action has not been completed 
3within the additional 30-day period, the facility or agency 
4shall send updated implementation reports every 60 days until 
5completion. The Inspector General shall conduct a review of 
6any implementation plan that takes more than 120 days after 
7approval to complete, and shall monitor compliance through a 
8random review of approved written responses, which may 
9include, but are not limited to: (i) site visits, (ii) 
10telephone contact, and (iii) requests for additional 
11documentation evidencing compliance.
12 (r) Sanctions. Sanctions, if imposed by the Secretary 
13under Subdivision (p)(iv) of this Section, shall be designed 
14to prevent further acts of mental abuse, physical abuse, 
15sexual abuse, neglect, egregious neglect, or financial 
16exploitation or some combination of one or more of those acts 
17at a facility or agency, and may include any one or more of the 
18following:
19  (1) Appointment of on-site monitors.
20  (2) Transfer or relocation of an individual or 
21 individuals.
22  (3) Closure of units.
23  (4) Termination of any one or more of the following: 
24 (i) Department licensing, (ii) funding, or (iii) 
25 certification. 
26 The Inspector General may seek the assistance of the 
 
 
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1Illinois Attorney General or the office of any State's 
2Attorney in implementing sanctions. 
3 (s) Health Care Worker Registry. 
4  (1) Reporting to the Registry. The Inspector General 
5 shall report to the Department of Public Health's Health 
6 Care Worker Registry, a public registry, the identity and 
7 finding of each employee of a facility or agency against 
8 whom there is a final investigative report containing a 
9 substantiated allegation of physical or sexual abuse, 
10 financial exploitation, or egregious neglect of an 
11 individual. 
12  (2) Notice to employee. Prior to reporting the name of 
13 an employee, the employee shall be notified of the 
14 Department's obligation to report and shall be granted an 
15 opportunity to request an administrative hearing, the sole 
16 purpose of which is to determine if the substantiated 
17 finding warrants reporting to the Registry. Notice to the 
18 employee shall contain a clear and concise statement of 
19 the grounds on which the report to the Registry is based, 
20 offer the employee an opportunity for a hearing, and 
21 identify the process for requesting such a hearing. Notice 
22 is sufficient if provided by certified mail to the 
23 employee's last known address. If the employee fails to 
24 request a hearing within 30 days from the date of the 
25 notice, the Inspector General shall report the name of the 
26 employee to the Registry. Nothing in this subdivision 
 
 
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1 (s)(2) shall diminish or impair the rights of a person who 
2 is a member of a collective bargaining unit under the 
3 Illinois Public Labor Relations Act or under any other 
4 federal labor statute. 
5  (3) Registry hearings. If the employee requests an 
6 administrative hearing, the employee shall be granted an 
7 opportunity to appear before an administrative law judge 
8 to present reasons why the employee's name should not be 
9 reported to the Registry. The Department shall bear the 
10 burden of presenting evidence that establishes, by a 
11 preponderance of the evidence, that the substantiated 
12 finding warrants reporting to the Registry. After 
13 considering all the evidence presented, the administrative 
14 law judge shall make a recommendation to the Secretary as 
15 to whether the substantiated finding warrants reporting 
16 the name of the employee to the Registry. The Secretary 
17 shall render the final decision. The Department and the 
18 employee shall have the right to request that the 
19 administrative law judge consider a stipulated disposition 
20 of these proceedings.
21  (4) Testimony at Registry hearings. A person who makes 
22 a report or who investigates a report under this Act shall 
23 testify fully in any judicial proceeding resulting from 
24 such a report, as to any evidence of abuse or neglect, or 
25 the cause thereof. No evidence shall be excluded by reason 
26 of any common law or statutory privilege relating to 
 
 
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1 communications between the alleged perpetrator of abuse or 
2 neglect, or the individual alleged as the victim in the 
3 report, and the person making or investigating the report. 
4 Testimony at hearings is exempt from the confidentiality 
5 requirements of subsection (f) of Section 10 of the Mental 
6 Health and Developmental Disabilities Confidentiality Act.
7  (5) Employee's rights to collateral action. No 
8 reporting to the Registry shall occur and no hearing shall 
9 be set or proceed if an employee notifies the Inspector 
10 General in writing, including any supporting 
11 documentation, that he or she is formally contesting an 
12 adverse employment action resulting from a substantiated 
13 finding by complaint filed with the Illinois Civil Service 
14 Commission, or which otherwise seeks to enforce the 
15 employee's rights pursuant to any applicable collective 
16 bargaining agreement. If an action taken by an employer 
17 against an employee as a result of a finding of physical 
18 abuse, sexual abuse, or egregious neglect is overturned 
19 through an action filed with the Illinois Civil Service 
20 Commission or under any applicable collective bargaining 
21 agreement and if that employee's name has already been 
22 sent to the Registry, the employee's name shall be removed 
23 from the Registry. 
24  (6) Removal from Registry. At any time after the 
25 report to the Registry, but no more than once in any 
26 12-month period, an employee may petition the Department 
 
 
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1 in writing to remove his or her name from the Registry. 
2 Upon receiving notice of such request, the Inspector 
3 General shall conduct an investigation into the petition. 
4 Upon receipt of such request, an administrative hearing 
5 will be set by the Department. At the hearing, the 
6 employee shall bear the burden of presenting evidence that 
7 establishes, by a preponderance of the evidence, that 
8 removal of the name from the Registry is in the public 
9 interest. The parties may jointly request that the 
10 administrative law judge consider a stipulated disposition 
11 of these proceedings. 
12 (t) Review of Administrative Decisions. The Department 
13shall preserve a record of all proceedings at any formal 
14hearing conducted by the Department involving Health Care 
15Worker Registry hearings. Final administrative decisions of 
16the Department are subject to judicial review pursuant to 
17provisions of the Administrative Review Law. 
18 (u) Quality Care Board. There is created, within the 
19Office of the Inspector General, a Quality Care Board to be 
20composed of 7 members appointed by the Governor with the 
21advice and consent of the Senate. One of the members shall be 
22designated as chairman by the Governor. Of the initial 
23appointments made by the Governor, 4 Board members shall each 
24be appointed for a term of 4 years and 3 members shall each be 
25appointed for a term of 2 years. Upon the expiration of each 
26member's term, a successor shall be appointed for a term of 4 
 
 
10200HB5186ham001- 24 -LRB102 24774 RJF 36921 a


1years. In the case of a vacancy in the office of any member, 
2the Governor shall appoint a successor for the remainder of 
3the unexpired term.
4 Members appointed by the Governor shall be qualified by 
5professional knowledge or experience in the area of law, 
6investigatory techniques, or in the area of care of the 
7mentally ill or care of persons with developmental 
8disabilities. Two members appointed by the Governor shall be 
9persons with a disability or parents of persons with a 
10disability. Members shall serve without compensation, but 
11shall be reimbursed for expenses incurred in connection with 
12the performance of their duties as members.
13 The Board shall meet quarterly, and may hold other 
14meetings on the call of the chairman. Four members shall 
15constitute a quorum allowing the Board to conduct its 
16business. The Board may adopt rules and regulations it deems 
17necessary to govern its own procedures.
18 The Board shall monitor and oversee the operations, 
19policies, and procedures of the Inspector General to ensure 
20the prompt and thorough investigation of allegations of 
21neglect and abuse. In fulfilling these responsibilities, the 
22Board may do the following:
23  (1) Provide independent, expert consultation to the 
24 Inspector General on policies and protocols for 
25 investigations of alleged abuse, neglect, or both abuse 
26 and neglect.
 
 
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1  (2) Review existing regulations relating to the 
2 operation of facilities.
3  (3) Advise the Inspector General as to the content of 
4 training activities authorized under this Section.
5  (4) Recommend policies concerning methods for 
6 improving the intergovernmental relationships between the 
7 Office of the Inspector General and other State or federal 
8 offices.
9 (v) Annual report. The Inspector General shall provide to 
10the General Assembly and the Governor, no later than January 1 
11of each year, a summary of reports and investigations made 
12under this Act for the prior fiscal year with respect to 
13individuals receiving mental health or developmental 
14disabilities services. The report shall detail the imposition 
15of sanctions, if any, and the final disposition of any 
16corrective or administrative action directed by the Secretary. 
17The summaries shall not contain any confidential or 
18identifying information of any individual, but shall include 
19objective data identifying any trends in the number of 
20reported allegations, the timeliness of the Office of the 
21Inspector General's investigations, and their disposition, for 
22each facility and Department-wide, for the most recent 3-year 
23time period. The report shall also identify, by facility, the 
24staff-to-patient ratios taking account of direct care staff 
25only. The report shall also include detailed recommended 
26administrative actions and matters for consideration by the 
 
 
10200HB5186ham001- 26 -LRB102 24774 RJF 36921 a


1General Assembly.
2 (w) Program audit. The Auditor General shall conduct a 
3program audit of the Office of the Inspector General on an 
4as-needed basis, as determined by the Auditor General. The 
5audit shall specifically include the Inspector General's 
6compliance with the Act and effectiveness in investigating 
7reports of allegations occurring in any facility or agency. 
8The Auditor General shall conduct the program audit according 
9to the provisions of the Illinois State Auditing Act and shall 
10report its findings to the General Assembly no later than 
11January 1 following the audit period.

12 (x) Nothing in this Section shall be construed to mean 
13that an individual is a victim of abuse or neglect because of 
14health care services appropriately provided or not provided by 
15health care professionals. 
16 (y) Nothing in this Section shall require a facility, 
17including its employees, agents, medical staff members, and 
18health care professionals, to provide a service to an 
19individual in contravention of that individual's stated or 
20implied objection to the provision of that service on the 
21ground that that service conflicts with the individual's 
22religious beliefs or practices, nor shall the failure to 
23provide a service to an individual be considered abuse under 
24this Section if the individual has objected to the provision 
25of that service based on his or her religious beliefs or 
26practices. 

 
 
10200HB5186ham001- 27 -LRB102 24774 RJF 36921 a


1(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.)


2 (20 ILCS 2712/Act rep.) 
3 Section 15. The Broadband Access on Passenger Rail Law is 
4repealed.

5 (20 ILCS 3930/7.6 rep.)
6 Section 20. The Illinois Criminal Justice Information Act 
7is amended by repealing Section 7.6.

8 (20 ILCS 5035/Act rep.) 
9 Section 25. The Illinois Human Services Commission Act is 
10repealed.

11 (30 ILCS 105/5h rep.)
12 Section 30. The State Finance Act is amended by repealing 
13Section 5h.

14 Section 35. The Illinois Procurement Code is amended by 
15changing Section 25-55 as follows:




16 (30 ILCS 500/25-55)



17 Sec. 25-55. Annual reports. Every printed annual report

18produced by a State agency
shall bear a statement indicating 
19whether it was printed by the
State of Illinois or by contract

20and indicating the printing cost per copy and the number of 
 
 
10200HB5186ham001- 28 -LRB102 24774 RJF 36921 a


1copies
printed. The Department
of Central Management Services 
2shall prepare and submit to the
General Assembly on the fourth

3Wednesday of January in each year a report setting forth with

4respect to each State agency for
the calendar year immediately 
5preceding the calendar year in which
the report is filed the 
6total
quantity of annual reports printed, the total cost, and 
7the cost
per copy and the cost per page of the
annual report of 
8the State agency printed during the calendar year
covered by 
9the report.

10(Source: P.A. 90-572, eff. date - See Sec. 99-5.)



11 (205 ILCS 405/3.2 rep.)

12 Section 40. The Currency Exchange Act is amended by 
13repealing Section 3.2.

14 Section 45. The Grain Code is amended by changing Section 
1530-25 as follows:




16 (240 ILCS 40/30-25)



17 Sec. 30-25. Grain Insurance Reserve Fund. Upon payment in 
18full of all
money that has been transferred to the Fund prior 
19to June 30, 2003 from the
General Revenue Fund as provided for 
20under subsection (h) of Section 25-20, the
State of Illinois 
21shall, subject to appropriation, remit $2,000,000 to the 
22Corporation to be held in a
separate and discrete account to be 
23used to the extent the assets in the Fund
are insufficient to 
 
 
10200HB5186ham001- 29 -LRB102 24774 RJF 36921 a


1satisfy claimants as payment of their claims become due as
set 
2forth in subsection (h) of Section 25-20. The remittance of 
3the $2,000,000
reserve shall be made to the Corporation within 
460 days of payment in full of
all money transferred to the Fund 
5as set forth above in this Section
30-25. All income received 
6by the Reserve Fund shall be deposited in the Fund
within 35 
7days of the end of each calendar quarter.

8(Source: P.A. 93-225, eff. 7-21-03.)


9 Section 50. The Community Services Act is amended by 
10changing Section 4 as follows:



11 (405 ILCS 30/4) (from Ch. 91 1/2, par. 904)



12 Sec. 4. Financing for community services. 
13 (a) The Department of Human Services
is authorized to

14provide financial reimbursement to eligible private service 
15providers,
corporations, local government entities or 
16voluntary associations for the
provision of services to 
17persons with mental illness, persons with a
developmental 
18disability, and persons with substance use disorders who are 
19living in the
community for the purpose of achieving the goals 
20of this Act.

21 The Department shall utilize the following funding 
22mechanisms for community
services:

23  (1) Purchase of Care Contracts: services purchased on 
24 a predetermined fee
per unit of service basis from private 
 
 
10200HB5186ham001- 30 -LRB102 24774 RJF 36921 a


1 providers or governmental entities. Fee
per service rates 
2 are set by an established formula which covers some 
3 portion
of personnel, supplies, and other allowable costs, 
4 and which makes some
allowance for geographic variations 
5 in costs as well as for additional program
components.

6  (2) Grants: sums of money which the Department grants 
7 to private providers or
governmental
entities pursuant to 
8 the grant recipient's agreement to provide certain

9 services, as defined by departmental grant guidelines, to 
10 an
approximate number of service
recipients. Grant levels 
11 are set through consideration of personnel, supply and

12 other allowable costs, as well as other funds available to 
13 the program.

14  (3) Other Funding Arrangements: funding mechanisms may 
15 be established
on a pilot basis in order to examine the 
16 feasibility of alternative financing
arrangements for the 
17 provision of community services.

18 The Department shall establish and maintain an equitable 
19system of
payment
which allows providers to improve persons 
20with disabilities'
capabilities for
independence and reduces 
21their reliance on State-operated
services. 
22 For services classified as entitlement services under 
23federal law or guidelines, caps may not be placed on the total 
24amount of payment a provider may receive in a fiscal year and 
25the Department shall not require that a portion of the 
26payments due be made in a subsequent fiscal year based on a 
 
 
10200HB5186ham001- 31 -LRB102 24774 RJF 36921 a


1yearly payment cap. 
2 (b) (Blank). The Governor shall create a commission by 
3September 1, 2009, or as soon thereafter as possible, to 
4review funding methodologies, identify gaps in funding, 
5identify revenue, and prioritize use of that revenue for 
6community developmental disability services, mental health 
7services, alcohol and substance abuse services, rehabilitation 
8services, and early intervention services. The Office of the 
9Governor shall provide staff support for the commission. 
10 (c) (Blank). The first meeting of the commission shall be 
11held within the first month after the creation and appointment 
12of the commission, and a final report summarizing the 
13commission's recommendations must be issued within 12 months 
14after the first meeting, and no later than September 1, 2010, 
15to the Governor and the General Assembly. 
16 (d) (Blank). The commission shall have the following 13 
17voting members:
18  (A) one member of the House of Representatives, 
19 appointed by the Speaker of the House of Representatives;
20  (B) one member of the House of Representatives, 
21 appointed by the House Minority Leader;
22  (C) one member of the Senate, appointed by the 
23 President of the Senate;
24  (D) one member of the Senate, appointed by the Senate 
25 Minority Leader;
26  (E) one person with a developmental disability, or a 
 
 
10200HB5186ham001- 32 -LRB102 24774 RJF 36921 a


1 family member or guardian of such a person, appointed by 
2 the Governor;
3  (F) one person with a mental illness, or a family 
4 member or guardian of such a person, appointed by the 
5 Governor;
6  (G) two persons from unions that represent employees 
7 of community providers that serve people with 
8 developmental disabilities, mental illness, and alcohol 
9 and substance abuse disorders, appointed by the Governor; 
10 and
11  (H) five persons from statewide associations that 
12 represent community providers that provide residential, 
13 day training, and other developmental disability services, 
14 mental health services, alcohol and substance abuse 
15 services, rehabilitation services, or early intervention 
16 services, or any combination of those, appointed by the 
17 Governor.
18 The commission shall also have the following ex-officio, 
19nonvoting members:
20  (I) the Director of the Governor's Office of 
21 Management and Budget or his or her designee;
22  (J) the Chief Financial Officer of the Department of 
23 Human Services or his or her designee;
24  (K) the Administrator of the Department of Healthcare 
25 and Family Services Division of Finance or his or her 
26 designee;
 
 
10200HB5186ham001- 33 -LRB102 24774 RJF 36921 a


1  (L) the Director of the Department of Human Services 
2 Division of Developmental Disabilities or his or her 
3 designee;
4  (M) the Director of the Department of Human Services 
5 Division of Mental Health or his or her designee;
and
6  (N) the Director of the Department of Human Services 
7 Division of Alcoholism and Substance Abuse or his or her 
8 designee. 
9 (e) The funding methodologies must reflect economic 
10factors inherent in providing services and supports, recognize 
11individual disability needs, and consider geographic 
12differences, transportation costs, required staffing ratios, 
13and mandates not currently funded.

14 (f) In accepting Department funds, providers shall 
15recognize
their responsibility to be
accountable to the 
16Department and the State for the delivery of services
which 
17are consistent
with the philosophies and goals of this Act and 
18the rules and regulations
promulgated under it.

19(Source: P.A. 100-759, eff. 1-1-19.)



20 (730 ILCS 5/3-5-3 rep.)


21 (730 ILCS 5/5-8-1.3 rep.)

22 Section 55. The Unified Code of Corrections is amended by 
23repealing Sections 3-5-3 and 5-8-1.3.

24 Section 60. The Workers' Compensation Act is amended by 
 
 
10200HB5186ham001- 34 -LRB102 24774 RJF 36921 a


1changing Section 18.1 as follows:

2 (820 ILCS 305/18.1)
3 Sec. 18.1. Claims by former and current employees of the 
4Commission. All claims by current and former employees and 
5appointees of the Commission shall be assigned to a certified 
6independent arbitrator not employed by the Commission 
7designated by the Chairman. In preparing the roster of 
8approved certified independent arbitrators, the Chairman shall 
9seek the advice and recommendation of the Commission or the 
10Workers' Compensation Advisory Board at his or her discretion. 
11The Chairman shall designate an arbitrator from a list of 
12approved certified arbitrators provided by the Commission 
13Review Board. If the Chairman is the claimant, then the 
14independent arbitrator from the approved list shall be 
15designated by the longest serving Commissioner. The designated 
16independent arbitrator shall have the authority of arbitrators 
17of the Commission regarding settlement and adjudication of the 
18claim of the current and former employees and appointees of 
19the Commission. The decision of the independent arbitrator 
20shall become the decision of the Commission. An appeal of the 
21independent arbitrator's decision shall be subject to judicial 
22review in accordance with subsection (f) of Section 19.

23(Source: P.A. 97-18, eff. 6-28-11.)


24 (820 ILCS 305/14.1 rep.)

 
 
10200HB5186ham001- 35 -LRB102 24774 RJF 36921 a


1 Section 65. The Workers' Compensation Act is amended by 
2repealing Section 14.1.


3 Section 99. Effective date. This Act takes effect upon 
4becoming law.".