IllinoisHB3078104th General Assembly (2025–2026)HouseWALLET

DHS-HEALTH CARE ADMINISTRATION

Sponsored By: Sponsor information unavailable

Signed by Governor

Summary

Amends the Department of Human Services Act. In provisions concerning death reports investigated by the Department of Human Services' Office of Inspector General, provides that death reports with no allegation of abuse or neglect shall only be released to the Secretary of Human Services and to the director of the facility or agency when a recommendation is made. Provides that unredacted investigative reports may be shared with the Department of Financial and Professional Regulation. Amends the Rehabilitation of Persons with Disabilities Act. Provides that the Department of Human Services shall operate and maintain an Illinois Center for Rehabilitation and Education-Wood for the education of individuals who are blind, visually impaired, or DeafBlind and are seeking competitive integrated employment. Makes conforming change to the School Code. Amends the Community-Integrated Living Arrangements Licensure and Certification Act. Removes all references regarding the operation of community-integrated living arrangements for the supervision of persons with mental illness. Amends the Early Intervention Services System Act. Extends early intervention services to children who have been found eligible for early childhood special education services under the Individuals with Disabilities Education Act and have an individualized education program. Amends the Mental Health and Developmental Disabilities Code. Adds physician assistance to the list of medical professionals listed under the definition of "qualified examiner". Adds advanced practice psychiatric nurse to several provisions listing medical professionals making mental health determinations. Makes conforming changes to the Firearm Owners Identification Card Act. Amends the Mental Health and Developmental Disabilities Confidentiality Act. Removes a requirement that a person witness the signing of a consent form. Repeals provisions in the Department of Human Services Act, the State Finance Act, and the Illinois Income Tax Act concerning the Autism Research Checkoff Fund. Effective immediately.

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Bill Overview

Analyzed Economic Effects

16 provisions identified: 9 benefits, 3 costs, 4 mixed.

Longer early intervention for some children

Some children can keep early intervention services until the school year begins after their third birthday. Their birthday must fall from May 1 through August 31. They must have received early intervention before age three and qualify for early childhood special education. An individualized education program must also be developed.

Education support for people with disabilities

Illinois must operate the Wood rehabilitation and education center for people who are blind, visually impaired, or DeafBlind. Applicants must seek competitive integrated employment and meet the center's service requirements. School districts must also notify parents when a child might qualify for Wood services. This notice covers children with hearing, vision, orthopedic, or physical disabilities. It must explain the center's services, admissions rules, and contact information.

More evaluation options for firearm applicants

Advanced practice psychiatric nurses can provide specified evaluations and certifications for Firearm Owner's Identification Card applications and relief requests. After denial or revocation based on mental health facility treatment, applicants must complete the five-year wait and obtain certification that they pose no clear and present danger. Nurses can also provide specified relief evaluations, treatment, or certifications, including findings that a developmental or intellectual disability is mild. Disability-based relief must remain consistent with the public interest and federal law; an evaluation does not guarantee approval. Active law enforcement officers and employees still need expedited-relief documents from a treating clinical psychologist or psychiatrist.

Annual safety visits for care facilities

The Inspector General must visit each covered facility without advance notice at least once a year. Complaints or investigation findings can also trigger provider reviews; reviewed providers must respond within 45 calendar days with corrective actions and dates. Investigation reports must classify allegations as substantiated, unsubstantiated, or unfounded. When allegations are substantiated or unsubstantiated, or recommendations are included, reports must reach the Secretary and provider director within 10 business days after transmittal. Reports remain confidential under applicable law; substantiated reports must identify mitigating or aggravating circumstances and whether confirmed neglect was egregious.

Easier consent for mental health records

People authorizing disclosure of mental health records no longer need a witness to verify their identity. The same change applies when revoking that permission. Consent and revocation must still be written and signed by the person entitled to give consent. Other requirements for these documents remain.

Stronger abuse oversight for service recipients

The Human Services Inspector General must investigate suspected abuse, neglect, financial exploitation, and employee obstruction, and can act immediately to prevent them. This covers Department-operated, licensed, funded, or certified providers not licensed or certified by another state agency. Sexual abuse includes specified sexual contact, coercion leading to sexual behavior, and sending, showing, or posting sexually explicit images. Obstruction includes deliberately hiding or changing evidence, impeding witnesses, or giving false information. Investigators must receive ongoing training, and covered employees must receive periodic prevention and reporting training.

More protections for investigated care workers

Covered agencies, facilities, and administrators cannot retaliate against employees who report in good faith and follow required-reporter duties. The law also limits Health Care Worker Registry placement for false information given during an Inspector General interview. Before the interview, the employee must receive any earlier signed statements they made during the investigation. Without that step, the employee cannot be listed on that basis.

Death reporting rules protect care recipients

Without an abuse or neglect allegation, required reporters must phone the Inspector General within 24 hours after discovering a covered death. This includes deaths within 14 calendar days after residential discharge or transfer, or within 24 hours after residential deflection. Deaths at a covered agency, facility, or Department-funded site are also covered. When a recommendation is made, a non-abuse death report may go to the Human Services Secretary or designee and provider director. Release remains subject to applicable state or federal law or a valid court order.

More professionals can perform mental evaluations

Certain physician assistants can serve as qualified mental health examiners under Illinois' mental health and developmental disabilities law. They must be licensed and authorized to practice under a collaborating physician. They also need three years of clinical training and experience evaluating and treating mental illness. That experience must come after any training or experience counted toward their degree.

Care workers face strict reporting duties

Covered employees, agencies, and facilities must phone the Inspector General hotline as soon as a covered allegation is discovered. The deadline is four hours, including when an employee witnesses, hears about, or has reason to suspect covered conduct. Covered allegations include mental, physical, or sexual abuse, neglect, financial exploitation, and material obstruction. A required reporter who knowingly or intentionally fails to report commits a Class A misdemeanor. Employees must also cooperate with investigations, site visits, compliance checks, and reviews; false information and hiding, destroying, or falsifying evidence violate the law.

Record checks for specialized school applicants

Job applicants at three state schools or centers must give written permission for a child-abuse and neglect Central Register check. The sites are the Illinois School for the Visually Impaired, Illinois School for the Deaf, and rehabilitation and education center at Roosevelt. The check identifies applicants named as perpetrators in indicated child-abuse or neglect reports. Results are confidential and may be used within the Department only as needed to review the application.

Narrower oversight coverage for community residences

The community-integrated living licensing law now focuses on developmental services agencies and people with developmental disabilities. Mental health agencies and people with mental illness are removed from that law's coverage. The health care worker background-check law still includes community-integrated living arrangements operated by developmental services agencies. Its employer definition no longer includes those arrangements when operated by community mental health agencies.

Stronger investigation powers and subpoena penalties

The Inspector General must notify law enforcement within 24 hours after finding credible evidence of possible crime or a need for special expertise. State Police must investigate facility reports of possible murder, sexual assault, or another felony by a state-facility employee. The Inspector General can subpoena witnesses, relevant documents, and physical evidence. Labor representatives and employee-representation materials are excluded from this power. Failing to respond or knowingly giving false information by subpoena during an investigation is a Class A misdemeanor.

Autism research fund closes and transfers

The law directs transfer of the Autism Research Checkoff Fund's balance to the Autism Awareness Fund on July 1, 2025, or as soon afterward as practical. The research checkoff fund is dissolved when the transfer occurs. Future deposits, outstanding obligations, and liabilities also move to the Autism Awareness Fund. The authorizing section is repealed January 1, 2026. The law does not specify the amount transferred.

Care investigation records reach professional regulators

The Inspector General can share unredacted reports and raw data with Illinois' professional regulator upon written request. For licensed people within its jurisdiction, this applies to substantiated findings. For licensed people outside its jurisdiction, credible evidence of neglect allows sharing unfounded or unsubstantiated reports, or death reports. This gives the regulator more access to sensitive investigation records.

Psychiatric nurses gain reporting and liability protections

Advanced practice psychiatric nurses with a formal professional or official relationship can identify developmental disabilities in people age 14 or older; notice to Human Services is due within seven days. Clear-and-present-danger findings require notice within 24 hours; separate firearm-card reporting rules also require disability or danger notices within 24 hours. Law enforcement notice is excused when it would interfere with an ongoing or pending criminal investigation. Nurses and, for specified reporting, their employers gain liability protections, except for willful or wanton misconduct. Failure-to-warn protection also excludes serious threats of physical violence communicated by a patient against reasonably identifiable victims.

Sponsors & Cosponsors

Sponsors

There is no primary sponsor on record.

Cosponsors

  • Camille Y. Lilly

    Democratic • House

  • David Koehler

    Democratic • Senate

  • Mattie Hunter

    Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 134 • No: 61

Senate vote • 5/31/2025

Third Reading - Passed;

Yes: 42 • No: 15

House vote • 4/11/2025

Third Reading - Short Debate - Passed

Yes: 76 • No: 39

House vote • 4/9/2025

House Floor Amendment No. 2 Recommends Be Adopted Human Services Committee;

Yes: 8 • No: 4

House vote • 3/12/2025

Do Pass as Amended / Short Debate Human Services Committee;

Yes: 8 • No: 3

Bill Text

  • Engrossed

  • Enrolled

  • House Amendment 1

  • House Amendment 2

  • Introduced

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