HB 2858

Abstract

Amends the Adult Protective Services Act. Excludes from the definition of "mandated reporter" the State Long Term Care Ombudsman and the Ombudsman's representatives or volunteers when such persons are prohibited from making a report under a federal regulation. Senate Committee Amendment No. 1 Adds reference to: 20 ILCS 105/4.04 from Ch. 23, par. 6104.04 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes: Amends the Illinois Act on the Aging. In provisions concerning the Long Term Care Ombudsman Program, expands the definition of "access" to mean the right to inspect and copy (rather than inspect) the clinical and other records of a participant or resident, regardless of age, with the express written consent of the participant or resident. In provisions concerning access and visitation rights, provides that a long term care facility, supportive living facility, assisted living establishment, and shared housing establishment must permit representatives of the Office of State Long Term Care Ombudsman, with the permission of the resident or other specified persons, to examine and copy the resident's clinical and other records. Senate Floor Amendment No. 3 Adds reference to: 320 ILCS 20/4 from Ch. 23, par. 6604 320 ILCS 20/4.1 320 ILCS 20/4.2 320 ILCS 20/5 from Ch. 23, par. 6605 320 ILCS 20/8 from Ch. 23, par. 6608 Replaces everything after the enacting clause. Reinserts the provisions of Senate Amendment No. 1 with the following changes: Provides that any person may report information about the suspicious death of an eligible adult to an agency designated to receive such reports or to the Department on Aging. Provides that if a mandated reporter has reason to believe that the death of an eligible adult is the result of abuse or neglect, the matter shall be reported to the agency designated to receive such reports or to the Department for subsequent referral to the appropriate law enforcement agency and coroner or medical examiner. Prohibits employers from discriminating against any employee who makes a good faith oral or written report concerning information about the suspicious death of an eligible adult. Contains provisions concerning the required testimony of a mandated reporter at an administrative hearing concerning the suspicious death of an eligible adult; the referral of evidence to the appropriate law enforcement agency; access to records concerning reports of suspicious deaths due to abuse, neglect, or financial exploitation; and other matters. Makes changes to the definitions of "abuse", "abuser", and "mandated reporter". Defines "insurance advisor".