Revised December 1995

INSPECTOR GENERAL*

(210 ILCS 30)

Section
30/6.2 Inspector General
30/6.3 Quality Care Board
30/6.4 Scope and function of the Quality Care Board
30/6.5 Investigators
30/6.6 Subpoenas; testimony; penalty
30/6.7 Annual report
30/6.8 Program audit

30/6.2  Inspector General

        Section 6.2.  Inspector General.

        (A)  The Governor shall appoint, and the Senate shall confirm, an
Inspector General who shall function within the Department of Mental Health 
and Developmental Disabilities AND REPORT TO THE DIRECTOR.  THE INSPECTOR 
GENERAL SHALL investigate reports of suspected abuse or neglect (AS THOSE 
TERMS ARE DEFINED IN SECTION 3 OF THIS ACT) of patients or residents in 
any facility operated by the Department of Mental Health and Developmental 
Disabilities AND SHALL HAVE AUTHORITY TO INVESTIGATE AND TAKE IMMEDIATE 
ACTION ON REPORTS OF ABUSE OR NEGLECT OF RECIPIENTS, WHETHER PATIENTS OR 
RESIDENTS, IN ANY FACILITY OR PROGRAM THAT IS LICENSED OR CERTIFIED BY THE 
DEPARTMENT OF MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES OR THAT IS 
FUNDED BY THE DEPARTMENT OF MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES 
AND IS NOT LICENSED OR CERTIFIED BY ANY AGENCY OF THE STATE.  AT THE 
SPECIFIC, WRITTEN REQUEST OF AN AGENCY OF THE STATE OTHER THAN THE 
DEPARTMENT OF MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES, THE INSPECTOR 
GENERAL MAY COOPERATE IN INVESTIGATING REPORTS OF ABUSE AND NEGLECT OF 
PERSONS WITH MENTAL ILLNESS OR PERSONS WITH DEVELOPMENTAL DISABILTIES.  
THE INSPECTOR GENERAL SHALL HAVE NO SUPERVISION OVER OR INVOLVEMENT IN 
ROUTINE, PROGRAMMATIC, LICENSURE, OR CERTIFICATION OPERATIONS OF THE 
DEPARTMENT OF MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES OR ANY OF ITS 
FUNDED AGENCIES.

        THE INSPECTOR GENERAL SHALL PROMULGATE RULES ESTABLISHING 
MINIMUM REQUIREMENTS FOR INITIATING, CONDUCTING, AND COMPLETING 
INVESTIGATIONS. THE PROMULGATED RULES SHALL CLEARLY SET FORTH THAT 
IN INSTANCES WHERE 2 OR MORE STATE AGENCIES COULD INVESTIGATE AN 
ALLEGATION OF ABUSE OR NEGLECT, THE INSPECTOR GENERAL SHALL NOT 
CONDUCT AN INVESTIGATION THAT IS REDUNDANT TO AN INVESTIGATION 
CONDUCTED BY ANOTHER STATE AGENCY.  THE RULES SHALL ESTABLISH
CRITERIA FOR DETERMINING, BASED UPON THE NATURE OF THE ALLEGATION,
THE APPROPRIATE METHOD OF INVESTIGATION, WHICH MAY INCLUDE, BUT
NEED NOT BE LIMITED TO, SITE VISITS, TELEPHONE CONTACTS, OR REQUESTS
FOR WRITTEN RESPONSES FROM AGENCIES.  THE RULES SHALL ALSO CLARIFY
HOW THE OFFICE OF THE INSPECTOR GENERAL SHALL INTERACT WITH THE
LICENSING UNIT OF THE DEPARTMENT OF MENTAL HEALTH AND 
DEVELOPMENTAL DISABILITIES IN INVESTIGATIONS OF ALLEGATIONS OF ABUSE 
OR NEGLECT.  ALL ALLEGATIONS OR INVESTIGATIONS OF REPORTS MADE 
PURSUANT TO THIS ACT SHALL REMAIN CONFIDENTIAL UNTIL A FINAL REPORT  
IS COMPLETED.  FINAL REPORTS REGARDING UNSUBSTANTIATED OR 
UNFOUNDED ALLEGATIONS SHALL REMAIN CONFIDENTIAL, EXCEPT THAT FINAL 
REPORTS MAY BE DISCLOSED PURSUANT TO SECTION 6 OF THIS ACT.

        The Inspector General shall be appointed for a term of 4 years.

        (B)  The Inspector General shall within 24 hours after  receiving 
a report of suspected abuse or neglect determine whether the evidence 
indicates that any possible criminal act has been committed.  If he 
determines that a possible criminal act has been committed, or that special 
expertise is required in the investigation, he shall immediately notify the 
Department of State Police.  The Department of State Police shall 
investigate any report indicating a possible murder, rape, or other felony.  
All investigations conducted by the Inspector General shall be conducted in 
a manner designed to ensure the preservation of evidence for possible use 
in a criminal prosecution.


        (C)  THE INSPECTOR GENERAL SHALL, WITHIN 10 CALENDAR DAYS AFTER
THE TRANSMITTAL DATE OF A COMPLETED INVESTIGATION WHERE ABUSE
OR NEGLECT IS SUBSTANTIATED OR ADMINISTRATIVE ACTION IS 
RECOMMENDED, PROVIDE A COMPLETE REPORT ON THE CASE TO THE DIRECTOR 
OF MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES AND TO THE AGENCY 
IN WHICH THE ABUSE OR NEGLECT IS ALLEGED TO HAVE HAPPENED.  THERE 
SHALL BE AN APPEALS PROCESS FOR ANY PERSON OR AGENCY THAT IS SUBJECT
TO ANY ACTION BASED ON A RECOMMENDATION OR RECOMMENDATIONS.


        (D)  The Inspector General may recommend to the Departments of 
Public Health and Mental Health and Developmental Disabilities sanctions
to be imposed against facilities under the jurisdiction of the 
Department of Mental Health and Developmental Disabilities for the  
protection of residents, including appointment of on-site monitors or 
receivers, transfer or relocation of residents, and closure of units.  
The Inspector General may seek the assistance of the Attorney General or 
any of the several State's attorneys in imposing such sanctions.


        (E)  The Inspector General shall establish and conduct periodic 
training programs for Department employees concerning the prevention and 
reporting of neglect and abuse.


        (F)  The Inspector General shall at all times be granted access
to any facility operated by the Department, shall establish and conduct 
unannounced site visits to those facilities at least once annually, AND 
SHALL BE GRANTED ACCESS, FOR THE PURPOSE OF INVESTIGATING A REPORT OF 
ABUSE OR NEGLECT, TO ANY FACILITY OR PROGRAM FUNDED BY THE DEPARTMENT 
THAT IS SUBJECT UNDER THE PROVISIONS OF THIS SECTION TO INVESTIGATION 
BY THE INSPECTOR GENERAL FOR A REPORT OF ABUSE OR NEGLECT.

        (G)  Nothing in this Section shall limit investigations by the 
Department of Mental Health and Developmental Disabilities that may 
otherwise be required by law or that may be necessary in that 
Department's capacity as the central administrative authority 
responsible for the operation of State mental health and developmental 
disability facilities.

        (H)  This Section is repealed on January 1, 2000.


*The Inspector General provisions are located in the Abused and
Neglected Long Term Care Facility Residents Reporting Act.


(Added by P.A. 87-124, effective August 13, 1991 and amended by
P.A. 87-1158, effective September 18, 1992; amended by P.A. 89-427,
effective December 7, 1995)


(Formerly Ill. Rev. Stat., ch. 111 ½, par. 4166.2)


30/6.3  Quality Care Board

        Section 6.3.  Quality Care Board.  There is created, within the 
Department of Mental Health and Developmental Disabilities' office of the 
Inspector General, a Quality Care Board to be composed of 7 members 
appointed by the Governor with the advice and consent of the Senate.  
One of the members shall be designated as chairman by the Governor.  Of 
the initial appointments made by the Governor, 4 Board members shall each 
be appointed for a term of 4 years and 3 members shall each be appointed 
for a term of 2 years.  Upon the expiration of each member's term, a 
successor shall be appointed for a term of 4 years.  In the case of a 
vacancy in the office of any member, the Governor shall appoint a 
successor for the remainder of the unexpired term.

        Members appointed by the Governor shall be qualified by 
professional knowledge or experience in the area of law, investigatory 
techniques, or in the area of care of the mentally ill or developmentally 
disabled.  Two members appointed by the Governor shall be persons with a 
disability or a parent of a person with a disability.  Members shall serve 
without compensation, but shall be reimbursed for expenses incurred in 
connection with the performance of their duties as members.

        The Board shall meet quarterly, and may hold other meetings on 
the call of the chairman. Four members shall constitute a quorum.  The 
Board may adopt rules and regulations it deems necessary to govern its 
own procedures.

        This section is repealed on January 1, 2000.


(Added by P.A. 87-1158, effective September 18, 1992; amended
by P.A. 89-427, effective December 7, 1995)



(Formerly Ill. Rev. Stat., ch. 111 ½, par. 4166.3)
30/6.4 Scope and function of the Quality Care Board Section 6.4. Scope and function of the Quality Care Board. The Board shall monitor and oversee the operations, policies, and procedures of the Inspector General to assure the prompt and thorough investigation of allegations of neglect and abuse. In fulfilling these responsibilities, the Board may do the following: (1) Provide independent, expert consultation to the Inspector General on policies and protocols for investigations of alleged neglect and abuse. (2) Review the existing regulations relating to the operation of facilities under the control of the Department. (3) Advise the Inspector General as to the content of training activities authorized under Section 6.2. (4) Recommend policies concerning methods for improving the intergovernmental relationships between the office of the Inspector General and other State or federal agencies. This Section is repealed on January 1, 2000. (Added by P.A. 87-1158, effective September 18, 1992; amended by P.A. 89-427, effective December 7, 1995)
(Formerly Ill. Rev. Stat., ch. 111 ½, par. 4166.4)
30/6.5 Investigators Section 6.5. Investigators. Within 60 days after the effective date of this amendatory Act of 1992, the Inspector General shall establish a comprehensive program to ensure that every person employed or newly hired to conduct investigations shall receive training on an on-going basis concerning investigative techniques, communication skills, and the appropriate means of contact with persons admitted or committed to the facilities under the jurisdiction of the Department of Mental Health and Developmental Disabilities. This section is repealed on January 1, 2000. (Added by P.A. 87-1158, effective September 18, 1992; amended by P.A. 89-427, effective December 7, 1995)
(Formerly Ill. Rev. Stat., ch. 111 ½, par. 4166.5)
30/6.6 Subpoenas; testimony; penalty Section 6.6. Subpoenas; testimony; penalty. The Inspector General shall have the power to subpoena witnesses and compel the production of books and papers pertinent to an investigation authorized by this Act, provided that the power to subpoena or to compel the production of books and papers shall not extent to the person or documents of a labor organization or its representatives insofar as the person or documents of a labor organization relate to the function of representing an employee subject to investigation under this Act. MENTAL HEALTH RECORDS OF PATIENTS SHALL BE CONFIDENTIAL AS PROVIDED UNDER THE MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES CONFIDENTIALITY ACT. Any person who fails to appear in response to a subpoena or to answer any questions or produce any books or papers pertinent to an investigation under this Act, except as otherwise provided in this Section, or who knowingly gives false testimony in relation to an investigation under this act is guilty of a Class A misdemeanor. This Section is repealed on January 1, 2000. (Added by P.A. 87-1158, effective September 18, 1992; amended by P.A. 89-427, effective December 7, 1995)
(Formerly Ill. Rev. Stat., ch. 111 ½, par. 4166.6)
30/6.7 Annual report Section 6.7. Annual report. The Inspector General shall provide to the General Assembly and the Governor, no later than January 1 of each year, a summary of reports and investigations made under this Act for the prior fiscal year with respect to residents of institutions under the jurisdiction of the Department. The report shall detail the imposition of sanctions and the final disposition of those recommendations. The summaries shall not contain any confidential or identifying information concerning the subjects of the reports and investigations. The report shall also include a trend analysis of the number of reported allegations and their disposition, for each facility and Department-wide, for the most recent 3-year time period and a statement, for each facility, of the staffing-to-patient ratios. The ratios shall include only the number of direct care staff. The report shall also include detailed recommended administrative actions and matters for consideration by the General Assembly. This Section is repealed on January 1, 2000. (Added by P.A. 87-1158, effective September 18, 1992; amended by P.A. 89-427, effective December 7, 1995)
(Formerly Ill. Rev. Stat., ch. 111 ½, par. 4166.7)
30/6.8 Program audit Section 6.8. Program audit. The Auditor General shall conduct a BIENNIAL program audit of the office of the Inspector General in relation to the Inspector General's compliance with this Act. The audit shall specifically include the Inspector General's effectiveness in investigating reports of alleged neglect or abuse of residents in any facility operated by the Department and in making recommendations for sanctions to the Departments of Mental Health and Developmental Disabilities and Public Health. 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 January 1 OF EACH ODD-NUMBERED YEAR. This Section is repealed on January 1, 2000. (Added by P.A. 87-1158, effective September 18, 1992; amended by P.A. 89-427, effective December 7, 1995)
(Formerly Ill. Rev. Stat., ch. 111 ½, par. 4166.8)

Address of this page: http://www.state.il.us/auditor/PA89-427.htm
Last modified: Aug. 26, 1996, jj