Bill requiring review of suspicious deaths of vulnerable adults
passes out of committee
Measure
would require review of suspicious at-home deaths of elderly,
disabled adults
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[March 22, 2013]
SPRINGFIELD -- Attorney General
Lisa Madigan announced Wednesday that the House Human Services
Committee voted out a bill to establish vulnerable adult fatality
review teams to investigate suspicious at-home deaths of elderly or
disabled Illinois residents.
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"This legislation fills a critical gap in state law, requiring
authorities to thoroughly investigate and determine the cause of
suspicious at-home deaths of elderly or disabled individuals,"
Madigan said. "The results will allow the state to make further
changes to prevent similar tragedies and improve services for people
who receive at-home care."
House Bill 2643, which is sponsored by Rep. Robert Martwick and
was crafted in conjunction with Madigan's office, creates the
Vulnerable Adult Fatality Review Team Act, requiring a
multidisciplinary team of professionals to thoroughly examine deaths
of adults with physical or mental disabilities and of elderly people
receiving care in private residences.
"We have a solemn duty to not only protect our most vulnerable
citizens, but also to hold accountable those responsible for their
well-being," Martwick said. "Our elderly residents and adults with
disabilities that live at home deserve the same attention as those
in care facilities, and I am glad to partner with the attorney
general to help make that a reality."
The bill calls for review teams to
assess the at-home death of a physically or mentally disabled adult
or an elderly person if:
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The death is of a
suspicious nature or involves blunt force trauma.
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The deceased's
attending physician requests a review.
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The case was
referred by a health care provider.
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The adult was the subject of a case
from a senior protective service agency, law enforcement agency
or a state's attorney's office involving suspected abuse,
neglect or financial exploitation.
The legislation is modeled on the Child Death Review Team Act and
the Abuse Prevention Review Team Act, which require the review of
deaths and sexual assaults that occur in long-term care facilities,
and is designed to require the investigation of instances of
suspicious deaths that fall outside the purview of those statutes.
There are currently no review teams assigned to evaluate the deaths
of adults aged 18 to 59 with physical or mental disabilities living
in private residences.
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The measure calls for at least 13 review teams, one in each of
the Illinois Department on Aging's planning and service areas. The
director of the Department on Aging would appoint members to review
teams assigned throughout the state. The teams would bring together
professionals from different disciplines to share their expertise,
including physicians with expertise in dealing with abuse and
neglect of adults; state's attorneys; law enforcement officers;
representatives of social service agencies that serve adults with
mental illness and developmental disabilities; coroners; and
emergency medical services professionals. Review team leaders would
serve on the Executive Council, which would coordinate the teams'
efforts. The bill requires review teams to report their findings to
the appropriate authorities and the Executive Council.
The attorney general's legislation is part of an ongoing effort
to increase protections for Illinois' most vulnerable residents.
Madigan launched "Operation Guardian" in 2010 to ensure the safety
of nursing home residents in Illinois. Teams of state and local
agencies conduct compliance checks at nursing home facilities to
review safety concerns. The initiative grew out of and expands on
the attorney general's previous work to shut down south suburban
Emerald Park Nursing Home when it was found to be housing numerous
sex offenders and other felons.
Madigan has also successfully worked to protect nursing home
residents by requiring background checks and a criminal history
analysis for residents to identify those who might pose a threat to
others in the facilities. In addition, Madigan authored the
Resident's Right to Know Act, which requires nursing homes to
complete an annual report detailing the facility's standard of care,
service and security issues to provide better information to
residents and their families.
[Text from file received from the office
of
Illinois Attorney General Lisa
Madigan]
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