96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB3805


 
Introduced 2/25/2009, by Rep. Elizabeth Coulson
 
SYNOPSIS AS INTRODUCED:
 		













New Act









    Creates the Developmental Disability Institutional Safety  Act.  Contains a short title provision and legislative findings.
















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A BILL FOR









 











HB3805

LRB096 09900 JDS 20063 b






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    AN ACT concerning State government. 

 
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    Be it enacted by the People of the State of Illinois, 
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represented in the General Assembly: 


 
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    Section 1. Short title. This Act may be cited as the 
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Developmental Disability Institutional Safety Act.

 
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    Section 5. Legislative Findings.     The
General Assembly 
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finds that it is in the interest of the people of the State of 
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Illinois to:
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        (1) Develop independent interdisciplinary teams of 
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    monitors, approved by the Illinois Departments of Public 
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    Health and Human Services, to ensure on a routine basis the 
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    safety and well-being of the individuals residing at each 
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    state-operated developmental disability institution.
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        (2) Require the monitoring teams to produce quarterly 
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    reports of their observations and release those reports to 
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    Equip for Equality and the Departments of Public Health and 
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    Human Services to develop and implement the steps necessary 
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    to ensure that individuals are safe and receive quality 
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    services and medical care.
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        (3) Develop an independent team of medical experts from 
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    the private sector, including forensic pathologists, 
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    doctors, and nurses, to examine all deaths at 
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    State-operated developmental disability institutions, to 
 


 






HB3805
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    render findings regarding the adequacy of medical care and 
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    treatment, and to release those findings to the Departments 
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    of Public Health and Human Services as well as Equip for 
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    Equality to prevent further tragedies. 
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        (4) Expand the definition of abuse of individuals with 
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    disabilities to include inadequate medical care that, 
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    regardless of the final cause of death, compromises an 
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    individual's health or leads to serious medical 
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    consequences followed by the individual's death.
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        (5) Expand the definition of neglect to include the 
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    failure to follow medical and personal care protocols, such 
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    as dietary restrictions, regardless of whether that 
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    failure causes injury.
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        (6) Require the Departments of Human Services and 
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    Public Health, along with facility administrators and 
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    medical directors, to develop a plan of prevention 
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    following the death of any individual at a State-run 
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    developmental disability institution to ensure that 
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    similar deaths do not occur.
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        (7) Ensure that individuals with disabilities and 
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    their guardians and families receive sufficient 
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    information to understand their rights and to allow for 
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    informed decision making regarding the provision of 
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    services that can meet the individual's wants and needs.