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.

* * * 

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.

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:

1. Develop a simple, inexpensive, cohesive, integrated and efficient tracking system for elders and other vulnerable adults. A start would include a standard, numbered color-coded bracelet system.
2. Designate separate shelter areas for elders and other vulnerable adults that can be attended by medical personnel and volunteers to help with special needs.
3. Involve gerontologists and geriatric professionals in all aspects of emergency preparedness and care delivery.
4. Involve region-specific social, medical, and public health services, volunteers, and facilities in pre-event planning for elders and vulnerable adults.
5. Involve gerontologists/ geriatric professionals in training front-line workers and other first responders about frail adults’ unique needs.
6. Utilize a public health triage system like the SWiFT – Seniors Without Families Triage Screening Tool© for elders and other vulnerable populations in pre-and post-disaster situations.
7. Maintain clear lines of communication – operable cell phones and walkie-talkies should be available.
8. Provide protection from abuse and fraud to elders and other vulnerable adults.
9. Conduct drills and research on disaster preparedness plans and the use of a triage tool, such as SWiFT, to ensure their effectiveness and reliability.

Senator Herb Kohl (WI), the committee’s ranking minority member, presided at the hearing. Others testifying included: Maurice Frisella of New Orleans, Jean Cefalu, Slidell, Louisiana; Dan Sutherland, Officer, Office for Civil Rights and Civil Liberties, Chair, Interagency Coordinating Council on Emergency Preparedness and Individuals with Disabilities, Department of Homeland Security; Cindy Bascetta, Director for Health Care, U.S. Government Accountability Office; Amy B. Aiken, Assistant Director, Miami-Dade Office of Emergency Management.

More information:

• Emergency Preparedness for Geriatric, Special Needs
• GAO Report: Evacuation of Vulnerable Populations
• Texas Hurricane Katrina Lessons Learned
• Florida Disaster Preparedness Guide for Elders
• Mid-Florida Area Agency on Aging Disaster Preparedness
• North Carolina Vulnerability Assessment Tool
• Nursing Home Evacuation Plans: Myth or Reality. The Greater Cleveland Area as a Case Study
• Older People in Disasters and Humanitarian Crises: Guidelines for Best Practice