CHAPTER 210 - Regulation - Health Facilities - Abuse Prevention Review Team Act.

    (210 ILCS 28/1)
    (Section scheduled to be repealed on July 1, 2006)
    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)
    (Section scheduled to be repealed on July 1, 2006)
    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 on 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 achieve their purposes and duties.

(Source: P.A. 93-577, eff. 8-21-03.)

    (210 ILCS 28/10)
    (Section scheduled to be repealed on July 1, 2006)
    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.
    "Review team" means a residential health care facility resident sexual assault and death review team appointed under this Act.
(Source: P.A. 93-577, eff. 8-21-03.)

    (210 ILCS 28/15)
    (Section scheduled to be repealed on July 1, 2006)
    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 each of the Department's administrative regions of the State, shall appoint members to a residential health care facility resident sexual assault and death review team in each such region outside Cook County and to at least one review team in Cook County. The members of a team shall be appointed for 2-year 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.)

    (210 ILCS 28/20)
    (Section scheduled to be repealed on July 1, 2006)
    Sec. 20. Reviews of nursing home resident sexual assaults and deaths.
    (a) Every reported case of sexual assault of a nursing home resident that is confirmed 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 care the Department found

violated federal or State standards in the 6 months preceding the resident's death.

(2) A person whose care was the subject of a

complaint to the Department in the 30 days preceding the resident's death, or after the resident's death. A review team may, at its discretion, review other sudden, unexpected, or unexplained nursing home resident deaths.

(b) 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 appropriate agencies 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.

    (c) A review team must review a sexual assault or death as soon as practicable and not later than 90 days following the completion by the Department of the investigation of the assault or death under the Nursing Home Care Act. When there has been no investigation by the Department, the review team must review a sexual assault or death within 90 days after obtaining the information necessary to complete the review from the coroner, pathologist, medical examiner, or law enforcement agency, depending on the nature of the case. A review team must meet at least once in each calendar quarter.
    (d) Within 90 days after receiving recommendations made by a review team under item (5) of subsection (b), 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.
    (e) 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.)

    (210 ILCS 28/25)
    (Section scheduled to be repealed on July 1, 2006)
    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, 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 concerning a person's parole, records of a probation and court services department, and records of a social services agency that provided services to the resident.
(Source: P.A. 93-577, eff. 8-21-03.)

    (210 ILCS 28/30)
    (Section scheduled to be repealed on July 1, 2006)
    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)
    (Section scheduled to be repealed on July 1, 2006)
    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)
    (Section scheduled to be repealed on July 1, 2006)
    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.
    (b) The Department must provide or arrange for the staff support necessary for the Executive Council to carry out its duties.
    (c) The Executive Council has, but is not limited to, the following duties:
        (1) To serve as the voice of review teams in

Illinois.

(2) To consult with the Director concerning the

appointment, reappointment, and removal of review team members.

(3) To oversee the review teams in order 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 General Assembly, the

Department, and others 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 quarterly and

annual reports 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 develop an annual statewide symposium 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.

(Source: P.A. 93-577, eff. 8-21-03.)

(210 ILCS 28/75)
(Section scheduled to be repealed on July 1, 2006) </