Chapter 20 — EXECUTIVE BRANCH

(20 ILCS 3955/16) (from Ch. 91 1/2, par. 716) Sec. 16. A regional authority may conduct investigations upon its own initiative if it has reason to believe that the rights of an eligible person have been violated in the region in which the authority sits, unless the Director finds…

(20 ILCS 3955/17) (from Ch. 91 1/2, par. 717) Sec. 17. In the course of an investigation, a regional authority may enter and inspect the premises of a service provider or State agency and question privately any person therein within reasonable limits and in a reasonable manner. W…

(20 ILCS 3955/18) (from Ch. 91 1/2, par. 718) Sec. 18. In the course of an investigation, a regional authority may inspect and copy any materials relevant to the investigation in the possession of a service provider or state agency. However, a regional authority may not inspect o…

(20 ILCS 3955/19) (from Ch. 91 1/2, par. 719) Sec. 19. No regional authority may disclose to any person any materials which identify an eligible person unless the eligible person or legally authorized person consents to such disclosure, except if and to the extent that disclosure…

(20 ILCS 3955/2) (from Ch. 91 1/2, par. 702) Sec. 2. As used in this Act, unless the context requires otherwise: (a) "Authority" means a Human Rights Authority. (b) "Commission" means the Guardianship and Advocacy Commission. (c) "Director" means the Director of the Guardianship …

(20 ILCS 3955/20) (from Ch. 91 1/2, par. 720) Sec. 20. A regional authority may conduct hearings and compel by subpoena the attendance and testimony of such witnesses and the production of such materials as are necessary or desirable for its investigation. (Source: P.A. 80-1487.)…

(20 ILCS 3955/21) (from Ch. 91 1/2, par. 721) Sec. 21. A regional authority may, subject to the provisions of the Open Meetings Act, conduct closed meetings and hearings when necessary to ensure confidentiality or to protect the rights of any eligible person or provider of servic…

(20 ILCS 3955/22) (from Ch. 91 1/2, par. 722) Sec. 22. During the course of an investigation, the regional authority shall periodically inform the complainant, or provider and any eligible person involved of the status of the investigation. (Source: P.A. 80-1487.)

(20 ILCS 3955/23) (from Ch. 91 1/2, par. 723) Sec. 23. If a regional authority finds that: A. a matter should be further considered; B. an act investigated should be modified or cancelled; C. a statute or regulation should be altered; D. reasons should be given for an act; or E. …

(20 ILCS 3955/24) (from Ch. 91 1/2, par. 724) Sec. 24. If a regional authority determines that further action is required, it may refer a matter to the Commission or another division thereof, any federal, State or local agency or other persons, as it may deem appropriate and as a…

(20 ILCS 3955/25) (from Ch. 91 1/2, par. 725) Sec. 25. Within 10 days of the completion of its investigation, the regional authority shall inform the complainant and the eligible person involved of the outcome of its investigation and of any action taken thereon. (Source: P.A. 80…

(20 ILCS 3955/26) (from Ch. 91 1/2, par. 726) Sec. 26. Subject to the provisions of Section 19, a regional authority may make public its findings and recommendations. It shall include in any such public statement any reply made by the State agency, service provider, or other pers…

(20 ILCS 3955/27) (from Ch. 91 1/2, par. 727) Sec. 27. A regional authority may, by acting through the Director, propose to the Commission legislation for the purpose of safeguarding the rights of eligible persons. (Source: P.A. 96-271, eff. 1-1-10.)

(20 ILCS 3955/28) (from Ch. 91 1/2, par. 728) Sec. 28. A regional authority may take such other action as may be reasonable and appropriate to carry out the purposes of this Act. (Source: P.A. 80-1416.)

(20 ILCS 3955/29) (from Ch. 91 1/2, par. 729) Sec. 29. The procedures provided by Sections 15 through 28 are in addition to any other remedies which may be available to any party; and the failure to pursue or exhaust the procedures available herein or engage in the procedures ava…

(20 ILCS 3955/3) (from Ch. 91 1/2, par. 703) Sec. 3. The Guardianship and Advocacy Commission is hereby created as an executive agency of state government. The Legal Advocacy Service, Human Rights Authority and the Office of State Guardian shall be established as divisions of the…

(20 ILCS 3955/30) (from Ch. 91 1/2, par. 730) Sec. 30. When appointed by the court pursuant to the "Probate Act of 1975", approved August 7, 1975, as now or hereafter amended, the State Guardian shall serve as guardian, either plenary or limited; temporary guardian; testamentary …

(20 ILCS 3955/31) (from Ch. 91 1/2, par. 731) Sec. 31. Appointment; availability of State Guardian; available private guardian. The State Guardian shall not be appointed if another suitable person is available and willing to accept the guardianship appointment. In all cases where…

(20 ILCS 3955/32) (from Ch. 91 1/2, par. 732) Sec. 32. The State Guardian shall have the same powers and duties as a private guardian as provided in Article XIa of the Probate Act of 1975, approved August 7, 1975. The State Guardian shall not provide direct residential services t…

(20 ILCS 3955/33) (from Ch. 91 1/2, par. 733) Sec. 33. The State Guardian may offer guidance and advice, without court appointment as guardian, to persons who request such assistance or to those on whose behalf such assistance is requested for the purpose of encouraging maximum s…

(20 ILCS 3955/33.5) Sec. 33.5. Guardianship training program. The State Guardian shall provide a training program that outlines the duties and responsibilities of guardians appointed under Article XIa of the Probate Act of 1975. The training program shall be offered to courts at …

(20 ILCS 3955/34) (from Ch. 91 1/2, par. 734) Sec. 34. A person, who in good faith, files a complaint or provides information to the Commission or any division thereof, including private citizens and employees of service providers, shall not be subject to any penalties, sanctions…

(20 ILCS 3955/35) (from Ch. 91 1/2, par. 735) Sec. 35. The annual appropriation for the Commission shall not exceed 1% of the total annual appropriation from the General Revenue Fund to the Department of Human Services for its ordinary and contingent expenses relating to mental h…

(20 ILCS 3955/36) (from Ch. 91 1/2, par. 736) Sec. 36. Rules and regulations adopted by the Commission pursuant to authority granted under this Act shall be subject to the provisions of the Illinois Administrative Procedure Act. (Source: P.A. 84-1358.)

(20 ILCS 3955/4) (from Ch. 91 1/2, par. 704) Sec. 4. (a) The Commission shall consist of 11 members, one of whom shall be a senior citizen age 60 or over, who shall be appointed by the Governor, taking into account the requirements of State and federal statutes, with the advice a…

(20 ILCS 3955/5) (from Ch. 91 1/2, par. 705) Sec. 5. (a) The Commission shall establish throughout the State such regions as it considers appropriate to effectuate the purposes of the Authority under this Act, taking into account the requirements of State and federal statutes; po…

(20 ILCS 3955/6) (from Ch. 91 1/2, par. 706) Sec. 6. (a) The Commission may recommend to any State agency or service provider regulations or procedures for the purpose of safeguarding the rights of eligible persons. The State agency or service provider shall notify the Commission…

(20 ILCS 3955/7) (from Ch. 91 1/2, par. 707) Sec. 7. The Director shall carry out the policies and programs of the Commission and coordinate the activities of its divisions and may delegate to the Human Rights Authority Director any duties described in Sections 14, 15, and 16 of …

(20 ILCS 3955/8) (from Ch. 91 1/2, par. 708) Sec. 8. The Director shall: (1) Organize and administer programs to provide legal counsel and representation for eligible persons so as to ensure that their legal rights are protected; (2) Examine and delineate the needs of eligible pe…

(20 ILCS 3960/1) (from Ch. 111 1/2, par. 1151) (Section scheduled to be repealed on December 31, 2029) Sec. 1. This Act shall be known and may be cited as the Illinois Health Facilities Planning Act. (Source: P.A. 78-1156.)

(20 ILCS 3960/10) (from Ch. 111 1/2, par. 1160) (Section scheduled to be repealed on December 31, 2029) Sec. 10. Presenting information relevant to the approval of a permit or certificate or in opposition to the denial of the application; notice of outcome and review proceedings.…

(20 ILCS 3960/11) (from Ch. 111 1/2, par. 1161) (Section scheduled to be repealed on December 31, 2029) Sec. 11. Any person who is adversely affected by a final decision of the State Board may have such decision judicially reviewed. The provisions of the Administrative Review Law…

(20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162) (Section scheduled to be repealed on December 31, 2029) Sec. 12. Powers and duties of State Board. For purposes of this Act, the State Board shall exercise the following powers and duties: (1) Prescribe rules, regulations, standards…

(20 ILCS 3960/12.1) (from Ch. 111 1/2, par. 1162.1) (Section scheduled to be repealed on December 31, 2029) Sec. 12.1. The State Board shall, by rule, define terms and set those conditions necessary to implement the Health Care Worker Self-Referral Act. The rules shall be promulg…

(20 ILCS 3960/12.2) (Section scheduled to be repealed on December 31, 2029) Sec. 12.2. Powers of the State Board staff. For purposes of this Act, the staff shall exercise the following powers and duties: (1) Review applications for permits and exemptions in accordance with the st…

(20 ILCS 3960/12.3) (Section scheduled to be repealed on December 31, 2029) Sec. 12.3. Revision of criteria, standards, and rules. At least every 2 years, the State Board shall review, revise, and update the criteria, standards, and rules used to evaluate applications for permit …

(20 ILCS 3960/12.4) (Section scheduled to be repealed on December 31, 2029) Sec. 12.4. Hospital reduction in health care services; notice. If a hospital reduces any of the Categories of Service as outlined in Title 77, Chapter II, Part 1110 in the Illinois Administrative Code, or…

(20 ILCS 3960/12.5) (Section scheduled to be repealed on December 31, 2029) Sec. 12.5. Update existing bed inventory and associated bed need projections. The State Board shall regularly update the existing bed inventory and associated bed need projections required by Sections 12 …

(20 ILCS 3960/13) (from Ch. 111 1/2, par. 1163) (Section scheduled to be repealed on December 31, 2029) Sec. 13. Investigation of applications for permits. The State Board shall make or cause to be made such investigations as it deems necessary in connection with an application f…

(20 ILCS 3960/13.1) (from Ch. 111 1/2, par. 1163.1) (Section scheduled to be repealed on December 31, 2029) Sec. 13.1. Any person establishing, constructing, or modifying a health care facility or portion thereof without obtaining a required permit, or in violation of the terms o…

(20 ILCS 3960/14) (from Ch. 111 1/2, par. 1164) (Section scheduled to be repealed on December 31, 2029) Sec. 14. Any person acquiring major medical equipment or establishing, constructing or modifying a health care facility without a permit issued under this Act or in violation o…

(20 ILCS 3960/14.1) (Section scheduled to be repealed on December 31, 2029) Sec. 14.1. Denial of permit; other sanctions. (a) The State Board may deny an application for a permit or may revoke or take other action as permitted by this Act with regard to a permit as the State Boar…

(20 ILCS 3960/15) (from Ch. 111 1/2, par. 1165) (Section scheduled to be repealed on December 31, 2029) Sec. 15. Notwithstanding the existence or pursuit of any other remedy, the State Board may, in the manner provided by law, upon the advice of the Attorney General who shall rep…

(20 ILCS 3960/15.1) (from Ch. 111 1/2, par. 1165.1) (Section scheduled to be repealed on December 31, 2029) Sec. 15.1. No individual who, as a member of the State Board, or as an employee of the State, shall, by reason of his performance of any duty, function, or activity require…

(20 ILCS 3960/15.5) Sec. 15.5. (Repealed). (Source: P.A. 95-771, eff. 7-31-08. Repealed by P.A. 96-31, eff. 6-30-09.)

(20 ILCS 3960/16) (from Ch. 111 1/2, par. 1166) (Section scheduled to be repealed on December 31, 2029) Sec. 16. If any provision of this Act or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the provisions or applica…

(20 ILCS 3960/17) (from Ch. 111 1/2, par. 1167) (Section scheduled to be repealed on December 31, 2029) Sec. 17. It is hereby specifically declared that the powers and functions exercised and performed by the State pursuant to this Act are exclusive to the State of Illinois and t…

(20 ILCS 3960/18) (from Ch. 111 1/2, par. 1168) (Section scheduled to be repealed on December 31, 2029) Sec. 18. The Illinois Administrative Procedure Act, as now or hereafter amended, is hereby expressly adopted and incorporated herein and shall apply to the State Board and the …

(20 ILCS 3960/19) (Section scheduled to be repealed on December 31, 2029) Sec. 19. Rules. The rules promulgated by the Agency under this Act that are in effect on the effective date of this amendatory Act of 1995, as contained in Title 77 of the Illinois Administrative Code, Chap…

(20 ILCS 3960/19.5) Sec. 19.5. (Repealed). (Source: P.A. 99-527, eff. 1-1-17. Repealed internally; see Performance Audit of the Health Facilities and Services Review Board November 2017, filed by the Auditor General.)