Illinois Governor Signs Important New Laws Protecting Vulnerable Adults

On June 13, 2006, Governor Rod R. Blagojevich signed legislation to strengthen laws against elder and vulnerable adult abuse, neglect, and exploitation.

Public Act 094-0853 (SB 3010) amends the Illinois Abused and Neglected Long Term Care Facility Residents Reporting Act requiring mandated reporters to report suspected instances of abuse or neglect to the Illinois Department of Human Services’ Office of the Inspector General (DHS-OIG) hotline within 4 hours of the discovery. This new law also provides that any “required reporter” who willfully fails to report alleged abuse or neglect or who reports the alleged incident late is guilty of a Class A misdemeanor. Current law does not include any penalty for failing to report or for submitting a late report.

Public Act 094-0850 (SB 2601) amends the Illinois Power of Attorney Act by permitting elder abuse provider agencies or the state long-term care ombudsman to petition the court for access to financial records in cases of suspected financial exploitation of seniors.

Public Act 094-0851 (SB 2763) amends the Illinois Abuse of Adults with Disabilities Intervention Act. The new law gives the DHS-OIG Domestic Abuse Program the power to subpoena witnesses and to demand financial and medical records in their investigations.

The new laws are effective immediately.

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Protecting Victims of Self-Neglect: Meanwhile, a bill amending the Illinois Elder Abuse and Neglect Act, which has passed both chambers of the Illinois General Assembly, awaits the governor’s signature. House Bill 4676 requires, among other things, the Illinois Department on Aging, in cooperation with an Elder Self-Neglect Steering Committee, to develop protocols, procedures, and policies for:

1. Responding to reports of possible self-neglect;
2. Protecting the autonomy, rights, and privacy of seniors during investigations and judicial proceedings regarding competency; and
3. Collecting data regarding incidents of elder self-neglect.

Katrina Lessons

On May 18, 2006, the Senate Special Committee on Aging held a hearing on “Caring for Seniors in a National Emergency: Can We Do Better.” The consensus among those testifying at the hearing was that government must do more to ensure the health and safety of older Americans during a disaster.

Among those invited to testify was Carmel Bitondo Dyer, MD, Director, Baylor College of Medicine Geriatrics Program in Texas and Co-director of the Texas Elder Abuse Treatment Institute. Dr. Dyer described first hand the experiences faced by front-line responders in Houston, and offered a number of recommendations for improved disaster preparedness for seniors: