Revised December 1995
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)