210 ILCS 28

in effect

210 ILCS 28/1

(210 ILCS 28/1) Sec. 1. Short title. This Act may be cited as the Abuse Prevention Review Team Act. (Source: P.A. 93-577, eff. 8-21-03.)

(210 ILCS 28/5) Sec. 5. State policy. The following statements are the policy of this State: (1) Every nursing home resident is entitled to live in safety and decency and to receive competent and respectful care that meets the requirements of State and federal law. (2) Responding to sexual assaults of nursing home residents and to unnecessary nursing home resident deaths is a State and a community responsibility. (3) When a nursing home resident is sexually assaulted or dies unnecessarily, the response by the State and the community to the assault or death must include an accurate and complete determination of the cause of the assault or death and the development and implementation of measures to prevent future assaults or deaths from similar causes. The response may include court action, including prosecution of persons who may be responsible for the assault or death and proceedings to protect other residents of the facility where the resident lived, and disciplinary action against persons who failed to meet their professional responsibilities to the resident. (4) Professionals from disparate disciplines and agencies who have responsibilities for nursing home residents and expertise that can promote resident safety and well-being should share their expertise and knowledge so that the goals of determining the causes of sexual assaults and unnecessary resident deaths, planning and providing services to surviving residents, and preventing future assaults and unnecessary deaths can be achieved. (5) A greater understanding of the incidence and causes of sexual assaults against nursing home residents and unnecessary nursing home resident deaths is necessary if the State is to prevent future assaults and unnecessary deaths. (6) Multi-disciplinary and multi-agency reviews of sexual assaults against nursing home residents and unnecessary nursing home resident deaths can assist the State and counties in (i) investigating resident sexual assaults and deaths, (ii) developing a greater understanding of the incidence and causes of resident sexual assault and deaths and the methods for preventing those assaults and deaths, and (iii) identifying gaps in services to nursing home residents. (7) Access to information regarding assaulted and deceased nursing home residents by multi-disciplinary and multi-agency nursing home resident sexual assault and death review teams is necessary for those teams to fulfill their purposes and duties. (Source: P.A. 93-577, eff. 8-21-03; 94-931, eff. 6-26-06.)

210 ILCS 28/10 Definitions

(210 ILCS 28/10) Sec. 10. Definitions. As used in this Act, unless the context requires otherwise: "Department" means the Department of Public Health. "Director" means the Director of Public Health. "Executive Council" means the Illinois Residential Health Care Facility Resident Sexual Assault and Death Review Teams Executive Council. "Resident" means a person residing in and receiving personal care from a facility licensed under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act. "Review team" means a residential health care facility resident sexual assault and death review team appointed under this Act. (Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)

210 ILCS 28/15

(210 ILCS 28/15) Sec. 15. Residential health care facility resident sexual assault and death review teams; establishment. (a) The Director, in consultation with the Executive Council and with law enforcement agencies and other professionals who work in the field of investigating, treating, or preventing nursing home resident abuse or neglect in the State, shall appoint members to two residential health care facility resident sexual assault and death review teams. The Director shall appoint more teams if the Director or the existing teams determine that more teams are necessary to achieve the purposes of this Act. An Executive Council shall be organized no later than when at least 4 teams are formed. The members of a team shall be appointed for 2-year staggered terms and shall be eligible for reappointment upon the expiration of their terms. (b) Each review team shall consist of at least one member from each of the following categories: (1) Geriatrician or other physician knowledgeable about nursing home resident abuse and neglect. (2) Representative of the Department. (3) State's Attorney or State's Attorney's representative. (4) Representative of a local law enforcement agency. (5) Representative of the Illinois Attorney General. (6) Psychologist or psychiatrist. (7) Representative of a local health department. (8) Representative of a social service or health care agency that provides services to persons with mental illness, in a program whose accreditation to provide such services is recognized by the Office of Mental Health within the Department of Human Services. (9) Representative of a social service or health care agency that provides services to persons with developmental disabilities, in a program whose accreditation to provide such services is recognized by the Office of Developmental Disabilities within the Department of Human Services. (10) Coroner or forensic pathologist. (11) Representative of the local sub-state ombudsman. (12) Representative of a nursing home resident advocacy organization. (13) Representative of a local hospital, trauma center, or provider of emergency medical services. (14) Representative of an organization that represents nursing homes. Each review team may make recommendations to the Director concerning additional appointments. Each review team member must have demonstrated experience and an interest in investigating, treating, or preventing nursing home resident abuse or neglect. (c) Each review team shall select a chairperson from among its members. The chairperson shall also serve on the Illinois Residential Health Care Facility Sexual Assault and Death Review Teams Executive Council. (Source: P.A. 93-577, eff. 8-21-03; 94-931, eff. 6-26-06.)

210 ILCS 28/20

(210 ILCS 28/20) Sec. 20. Reviews of nursing home resident sexual assaults and deaths. (a) Every case of sexual assault of a nursing home resident that the Department determined to be valid shall be reviewed by the review team for the region that has primary case management responsibility. (b) Every death of a nursing home resident shall be reviewed by the review team for the region that has primary case management responsibility, if the deceased resident is one of the following: (1) A person whose death is reviewed by the Department during any regulatory activity, whether or not there were any federal or State violations. (2) A person about whose care the Department received a complaint alleging that the resident's care violated federal or State standards so as to contribute to the resident's death. (3) A resident whose death is referred to the Department for investigation by a local coroner, medical examiner, or law enforcement agency. A review team may, at its discretion, review other sudden, unexpected, or unexplained nursing home resident deaths. The Department shall bring such deaths to the attention of the teams when it determines that doing so will help to achieve the purposes of this Act. (c) A review team's purpose in conducting reviews of resident sexual assaults and deaths is to do the following: (1) Assist in determining the cause and manner of the resident's assault or death, when requested. (2) Evaluate means, if any, by which the assault or death might have been prevented. (3) Report its findings to the Director and make recommendations that may help to reduce the number of sexual assaults on and unnecessary deaths of nursing home residents. (4) Promote continuing education for professionals involved in investigating, treating, and preventing nursing home resident abuse and neglect as a means of preventing sexual assaults and unnecessary deaths of nursing home residents. (5) Make specific recommendations to the Director concerning the prevention of sexual assaults and unnecessary deaths of nursing home residents and the establishment of protocols for investigating resident sexual assaults and deaths. (d) A review team must review the sexual assault or death cases submitted to it on a quarterly basis. The review team must meet at least once in each calendar quarter if there are cases to be reviewed. The Department shall forward cases pursuant to subsections (a) and (b) of this Section within 120 days after completion of the investigation. (e) Within 90 days after receiving recommendations made by a review team under item (5) of subsection (c), the Director must review those recommendations and respond to the review team. The Director shall implement recommendations as feasible and appropriate and shall respond to the review team in writing to explain the implementation or nonimplementation of the recommendations. (f) In any instance when a review team does not operate in accordance with established protocol, the Director, in consultation and cooperation with the Executive Council, must take any necessary actions to bring the review team into compliance with the protocol. (Source: P.A. 93-577, eff. 8-21-03; 94-931, eff. 6-26-06.)

210 ILCS 28/25

(210 ILCS 28/25) Sec. 25. Review team access to information. (a) The Department shall provide to a review team, on the request of the review team chairperson, all records and information in the Department's possession that are relevant to the review team's review of a sexual assault or death described in subsection (b) of Section 20, including records and information concerning previous reports or investigations of suspected abuse or neglect. (b) A review team shall have access to all records and information that are relevant to its review of a sexual assault or death and in the possession of a State or local governmental agency. These records and information include, without limitation, death certificates, all relevant medical and mental health records, records of law enforcement agency investigations, records of coroner or medical examiner investigations, records of the Department of Corrections and Department of Juvenile Justice concerning a person's parole or aftercare release, records of a probation and court services department, and records of a social services agency that provided services to the resident. (Source: P.A. 98-558, eff. 1-1-14.)

210 ILCS 28/30

(210 ILCS 28/30) Sec. 30. Public access to information. (a) Meetings of the review teams and the Executive Council shall be closed to the public. Meetings of the review teams and the Executive Council are not subject to the Open Meetings Act, as provided in that Act. (b) Records and information provided to a review team and the Executive Council, and records maintained by a review team or the Executive Council, are confidential and not subject to the Freedom of Information Act, as provided in that Act. Nothing contained in this subsection (b) prevents the sharing or disclosure of records, other than those produced by a review team or the Executive Council, relating or pertaining to the sexual assault or death of a resident. (c) Members of a review team and the Executive Council are not subject to examination, in any civil or criminal proceeding, concerning information presented to members of the review team or the Executive Council or opinions formed by members of the review team or the Executive Council based on that information. A person may, however, be examined concerning information provided to a review team or the Executive Council that is otherwise available to the public. (d) Records and information produced by a review team and the Executive Council are not subject to discovery or subpoena and are not admissible as evidence in any civil or criminal proceeding. Those records and information are, however, subject to discovery or a subpoena, and are admissible as evidence, to the extent they are otherwise available to the public. (Source: P.A. 93-577, eff. 8-21-03.)

210 ILCS 28/35 Indemnification

(210 ILCS 28/35) Sec. 35. Indemnification. The State shall indemnify and hold harmless members of a review team and the Executive Council for all their acts, omissions, decisions, or other conduct arising out of the scope of their service on the review team or Executive Council, except those involving willful or wanton misconduct. The method of providing indemnification shall be as provided in the State Employee Indemnification Act. (Source: P.A. 93-577, eff. 8-21-03.)

210 ILCS 28/40 Executive Council

(210 ILCS 28/40) Sec. 40. Executive Council. (a) The Illinois Residential Health Care Facility Resident Sexual Assault and Death Review Teams Executive Council, consisting of the chairperson of each review team established under Section 15, is the coordinating and oversight body for residential health care facility resident sexual assault and death review teams and activities in Illinois. The vice-chairperson of a review team, as designated by the chairperson, may serve as a back-up member or an alternate member of the Executive Council, if the chairperson of the review team is unavailable to serve on the Executive Council. The Director may appoint to the Executive Council any ex-officio members deemed necessary. Persons with expertise needed by the Executive Council may be invited to meetings. The Executive Council must select from its members a chairperson and a vice-chairperson, each to serve a 2-year, renewable term. The Executive Council must meet at least 4 times during each calendar year if there is business to discuss. (b) The Department must provide or arrange for the staff support necessary for the review teams and Executive Council to assist them in carrying out their duties. (c) The Executive Council has, but is not limited to, the following duties: (1) To request assistance from the Department as needed. (2) To consult with the Director concerning the appointment, reappointment, and removal of review team members. (3) To ensure that the teams' work is coordinated and in compliance with the statutes and the operating protocol. (4) To ensure that the data, results, findings, and recommendations of the review teams are adequately used to make any necessary changes in the policies, procedures, and statutes in order to protect nursing home residents in a timely manner. (5) To collaborate with the Department in order to develop any legislation needed to prevent nursing home resident sexual assaults and unnecessary deaths and to protect nursing home residents. (6) To assist in the development of an annual report based on the work and the findings of the review teams. (7) To ensure that the review teams' review processes are standardized in order to convey data, findings, and recommendations in a usable format. (8) To serve as a link with other review teams throughout the country and to participate in national review team activities. (9) To provide for training to update the knowledge and skills of review team members and to promote the exchange of information between review teams. (10) To provide the review teams with the most current information and practices concerning nursing home resident sexual assault and unnecessary death review and related topics. (11) To perform any other functions necessary to enhance the capability of the review teams to reduce and prevent sexual assaults and unnecessary deaths of nursing home residents. (d) Until an Executive Council is formed, the Department shall assist the review teams in performing the duties described in subsection (c). (Source: P.A. 93-577, eff. 8-21-03; 94-931, eff. 6-26-06.)

210 ILCS 28/45

(210 ILCS 28/45) Sec. 45. Department's annual report. The Department shall include in its annual Long-Term Care Report to the General Assembly a report of the activities of the review teams and Executive Council, the results of the review teams' findings, recommendations made to the Department by the review teams and the Executive Council, and, as applicable, either (i) the implementation of the recommendations or (ii) the reasons the recommendations were not implemented. (Source: P.A. 94-931, eff. 6-26-06.)

210 ILCS 28/50 Funding

(210 ILCS 28/50) Sec. 50. Funding. Notwithstanding any other provision of law, to the extent permitted by federal law, the Department shall use moneys from fines paid by facilities licensed under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act for violating requirements for certification under Titles XVIII and XIX of the Social Security Act to implement the provisions of this Act. The Department shall use moneys deposited in the Long Term Care Monitor/Receiver Fund to pay the costs of implementing this Act that cannot be met by the use of federal civil monetary penalties. (Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)

210 ILCS 28/75 Relationship to other Acts

(210 ILCS 28/75) Sec. 75. Relationship to other Acts. Nothing in this Act is intended to conflict with or duplicate provisions of other Acts or rules implementing other Acts. (Source: P.A. 93-577, eff. 8-21-03.)

210 ILCS 28/85 (Repealed)

(210 ILCS 28/85) Sec. 85. (Repealed). (Source: P.A. 93-577, eff. 8-21-03. Repealed by P.A. 94-752, eff. 5-10-06; 94-931, eff. 6-26-06.)