Text of IL HB 4359 (2026)

104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB4359 Introduced , by Rep. Nicolle Grasse SYNOPSIS AS INTRODUCED: New Act 210 ILCS 9/156 new 210 ILCS 45/2-116 new 210 ILCS 55/13.1 new 320 ILCS 20/2 from Ch. 23, par. 6602 Creates the Sexual Orientation, Gender Identity, and Gender Expression in Long-Term Care Bill of Rights Act. Establishes rights for a client who lives in a long-term care facility, or who receives home care services from a home care provider, from discrimination on the basis of actual or perceived sex, actual or perceived sexual orientation, actual or perceived gender identity, actual or perceived gender expression, or actual or perceived HIV status. Provides that an aggrieved person may enforce violations of the Act against a long-term care facility or a home care provider and the staff of the long-term care facility or home care provider through a civil action. Sets forth provisions concerning gender identity in client records; required training for all long-term care facilities and home care providers; arbitration agreements; interpretation of the Act; and enforcement of rights, including civil penalties and other administrative actions. Amends the Assisted Living and Shared Housing Act, the Nursing Home Care Act, and the Home Health, Home Services, and Home Nursing Agency Licensing Act to require compliance with the Sexual orientation, Gender Identity, and Gender Expression in Long-Term Care Bill of Rights Act. Amends the Adult Protective Services Act to include intentional misgendering and unlawful discrimination in the definition of "abuse". LRB104 17157 BAB 30576 b A BILL FOR HB4359LRB104 17157 BAB 30576 b 1 AN ACT concerning human rights. 2 Be it enacted by the People of the State of Illinois, 3represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the Sexual 5orientation, Gender Identity, and Gender Expression in 6Long-Term Care Bill of Rights Act. 7 Section 5. Definitions. In this Act: 8 "Abuse" has the meaning given to that term in Section 20 of 9the Adult Protective Services Act. 10 "Client" means a resident of a long-term care facility or 11an individual receiving home health services from a home care 12provider. 13 "Direct contact" includes, but is not limited to, 14communications with the client through in-person interactions, 15phone calls, text messages, emails, virtual messages, and 16letters. 17 "Direct contact employee or contractor" means any employee 18or contractor who makes direct contact with the client. 19 "Home care provider" means a home health agency, home 20services agency, or home nursing agency licensed under the 21Home Health, Home Services, and Home Nursing Agency Licensing 22Act. 23 "Long-term care facility" has the meaning given to that HB4359- 2 -LRB104 17157 BAB 30576 b 1term in Section 12-4.42 of the Illinois Public Aid Code. 2 "Non-direct contact employee or contractor" means an 3employee or contractor who does not make direct contact with 4the client. 5 Section 10. Sexual Orientation, Gender Identity, and 6Gender Expression in Long-Term Care Bill of Rights. To protect 7a client who lives in a long-term care facility, or who 8receives home care services from a home care provider, from 9discrimination on the basis of actual or perceived sex, actual 10or perceived sexual orientation, actual or perceived gender 11identity, actual or perceived gender expression, or actual or 12perceived HIV status, the client shall have the right to: 13 (1) Receive oral and written information, in plain 14 language and in a language the client understands, about 15 rights before receiving services, including what to do and 16 whom to contact if rights are violated. 17 (2) Receive a nondiscrimination notice on or prior to 18 the start date of services. 19 (A) The notice shall read "[Name of long-term care 20 facility or home care provider] does not discriminate 21 and does not permit discrimination, including, but not 22 limited to, bullying, abuse, or harassment, on the 23 basis of actual or perceived sex, actual or perceived 24 sexual orientation, actual or perceived gender 25 identity, actual or perceived gender expression, or HB4359- 3 -LRB104 17157 BAB 30576 b 1 actual or perceived HIV status or on the basis of 2 association with another individual on account of that 3 individual's actual or perceived sex, actual or 4 perceived sexual orientation, actual or perceived 5 gender identity, actual or perceived gender 6 expression, or actual or perceived HIV status. You may 7 file a complaint with the [appropriate agency] 8 [provide contact information] if you believe that you 9 have experienced this kind of discrimination.". 10 (B) The long-term care facility or home care 11 provider shall have each client and the client's 12 representative, if applicable, sign a copy of this 13 notice, and the signed copy shall be included in the 14 client's record, if applicable. 15 (C) Long-term care facilities must also post this 16 nondiscrimination notice in prominent physical 17 locations accessible to individuals who have low 18 vision in font no smaller than 20-point. 19 (3) Receive oral and written information, in plain 20 language and in language the client understands, before 21 receiving services, of the type and disciplines of staff 22 who will be providing the services, and whether they have 23 LGBTQ and HIV cultural competency training as set forth in 24 Section 20. 25 (4) Receive oral and written information, in plain 26 language and in language the client understands, before HB4359- 4 -LRB104 17157 BAB 30576 b 1 services are initiated, about what the provider charges 2 for the services; to what extent payment may be expected 3 from health insurance, public programs, or other sources, 4 if known; what charges the client may be responsible for 5 paying; and what charges might be impacted by the client's 6 sexual orientation, gender identity, gender expression, or 7 actual or perceived HIV status. 8 (5) Be served by people who meet applicable standards 9 of care, pursuant to Section 20, and who must be competent 10 in the performance of any applicable duties. 11 (6) Be treated with dignity and respect, including, 12 but not limited to, using the client's chosen name and 13 pronouns, and be free from a willful and repeated failure 14 to use a client's chosen name and pronouns after being 15 clearly informed of the client's preference; this includes 16 using the chosen name, pronouns, and the gender identity 17 last expressed by the client if the client lacks the 18 present ability to communicate. 19 (7) Be free from discrimination based on private and 20 personal items belonging to the client, including, but not 21 limited to, photographs, letters, mail, clothing, 22 toiletries, cosmetics, keepsakes, and decor. 23 (8) Be free to have visitors of the client's choice 24 and to restrict or prohibit individuals from visiting the 25 client. Client's visitors shall also be free from 26 discrimination based on actual or perceived sex, actual or HB4359- 5 -LRB104 17157 BAB 30576 b 1 perceived sexual orientation, actual or perceived gender 2 identity, actual or perceived gender expression, or actual 3 or perceived HIV status. 4 (9) Be free to associate with other residents or other 5 visitors, including the client's right to privacy, to 6 consensual sexual relations, or to display physical 7 affection, unless the restriction is uniformly applied to 8 all other clients in a nondiscriminatory manner. 9 (10) Where rooms are assigned by gender, be free to 10 reside in a room that corresponds with the client's gender 11 identity. 12 (11) Where bathrooms are gender-specific, be free to 13 use the bathroom that corresponds with the client's gender 14 identity. 15 (12) Where groups or activities are gender-specific, 16 be free to join the group or activity that corresponds 17 with the client's gender identity, or to not be compelled 18 to attend a group or participate in an activity that is not 19 in alignment with the client's gender identity. 20 (13) Be free to wear, be dressed in, or use clothing, 21 accessories, cosmetics, prosthetics, bindings, or hair 22 pieces and to engage in grooming practices of the client's 23 choosing that are permitted to any other client. This 24 right shall persist in accordance with the gender identity 25 last expressed by the client if the client lacks the 26 present ability to communicate. HB4359- 6 -LRB104 17157 BAB 30576 b 1 (14) Be free to access medical or nonmedical care that 2 is appropriate to a client's organs and bodily needs and 3 be provided with medical or nonmedical care that retains 4 the client's dignity and does not cause avoidable 5 discomfort. 6 (15) Be free to access any assessments, therapies, 7 treatments, and support services that are recommended by 8 the client's health care or social services provider, 9 including, but not limited to, transgender-related medical 10 care, hormone therapy, supportive counseling, and support 11 groups. 12 (16) If a home care provider terminates service, 13 receive written notice of the home care provider's reason 14 for termination of services within 10 days after the 15 termination of service. This notice shall include the 16 employer's name, phone number, date that the services were 17 terminated, and a statement that explains why services 18 were terminated. 19 (17) Receive oral and written information, in plain 20 language and in a language the client understands, 21 explaining how to contact an individual associated with 22 the long-term care facility or home care provider who is 23 responsible for addressing any grievance or complaint, and 24 to direct the home care provider or long-term care 25 facility to investigate and attempt, in good faith, to 26 resolve the grievance or complaint. The long-term care HB4359- 7 -LRB104 17157 BAB 30576 b 1 facility or home care provider must provide the title, 2 name, and phone number of the employee or contractor of 3 the long-term care facility or home care provider who is 4 authorized to address any grievance or complaint. 5 (18) Receive oral and written information, in plain 6 language and in a language the client understands, 7 providing the name, address, phone number, and email 8 address of the State, county, or city agency to contact 9 for additional information or assistance. 10 (19) Assert these rights personally, or have them 11 asserted by the client's representative or by anyone on 12 behalf of the client, without retaliation. 13 Section 15. Gender identity and chosen name in client 14records. 15 (a) Long-term care facilities and home care providers 16shall implement procedures regarding client records generated 17at the time of admission and during the treatment to ensure 18that the records include the client's gender identity and the 19client's chosen name and pronouns, as indicated by the client. 20 (b) Unless required by State or federal law, a long-term 21care facility shall not disclose any personally identifiable 22information regarding a client's: 23 (1) sexual orientation; 24 (2) LGBTQ status; 25 (3) sex assigned at birth, if it differs from the HB4359- 8 -LRB104 17157 BAB 30576 b 1 client's gender identity; 2 (4) gender transition status; 3 (5) HIV status; or 4 (6) congenital and medically verifiable differences in 5 sex development. 6 (c) A long-term care facility or home care provider shall 7take appropriate steps to minimize the likelihood of 8inadvertent or accidental disclosure of the information 9described in subsection (b). 10 Section 20. Bill of rights training required for all 11long-term care facilities. 12 (a) Within 6 months after an employee is hired by a 13long-term care facility or a home care provider, including 14nonvolunteer providers of home care services and any entity 15that contracts with a home care provider to provide home care 16services, the employee shall complete the staff development 17program training set forth in subsection (b) and shall 18complete this training every 2 years thereafter. At least once 19every 2 years, a long-term care facility or home care provider 20shall ensure that each employee or contractor receives 21training designed to prevent and eliminate discrimination 22based on actual or perceived sex, actual or perceived sexual 23orientation, actual or perceived gender identity, actual or 24perceived gender expression, or actual or perceived HIV 25status. A direct contact employee or contractor shall receive HB4359- 9 -LRB104 17157 BAB 30576 b 14 hours of training every 2 years, while a non-direct contact 2employee or contractor shall engage in 2 hours of training 3every 2 years. A person required to receive training under 4this Section shall receive the training within 6 months after 5the person's hiring date, unless the person provides proof of 6having received training within the prior 2 years that is 7determined to be compliant with this Section by the hiring 8long-term care facility or home care provider. 9 (b) At a minimum, the training required under this Section 10shall provide the following: 11 (1) An understanding of the terms and language 12 commonly used by members of the LGBTQ and HIV community, 13 including, but not limited to, sexual orientation, 14 congenital and medically verifiable differences in sex 15 development, gender identity, gender expression, and HIV 16 status. 17 (2) A description of the health and social challenges 18 historically experienced by LGBTQ community members and 19 people living with HIV, including discrimination when 20 seeking or receiving care and the demonstrated physical 21 and mental health effects within the LGBTQ and HIV 22 communities associated with such discrimination. 23 (3) Best practices for communicating with or about the 24 LGBTQ community and people living with HIV, including the 25 use of an individual's chosen name and pronouns. 26 (4) Strategies to create a safe and affirming HB4359- 10 -LRB104 17157 BAB 30576 b 1 environment for LGBTQ community members and people living 2 with HIV, including suggested changes to home care 3 policies and procedures, forms, signage, communication 4 between clients and clients' families, activities, 5 in-house services, and staff training. 6 (5) An understanding of why people with a diverse 7 sexual orientation, congenital and medically verifiable 8 differences in sex development, gender identity, gender 9 expression, or HIV status may hide their identities. 10 (6) An overview of the unique needs of people with a 11 diverse sexual orientation, congenital and medically 12 verifiable differences in sex development, gender 13 identity, gender expression, or actual HIV status. 14 (7) An overview of various rights and protections for 15 people with a diverse sexual orientation, congenital and 16 medically verifiable differences in sex development, 17 gender identity, gender expression, or HIV status. 18 (8) How to respectfully respond to questions and 19 concerns that arise in conversations relating to sexual 20 orientation, congenital and medically verifiable 21 differences in sex development, gender identity, gender 22 expression, and HIV status. 23 (9) Practical tips about how to ask questions related 24 to sexual orientation, congenital and medically verifiable 25 differences in sex development, gender identity, gender 26 expression, and HIV status, and an explanation of why HB4359- 11 -LRB104 17157 BAB 30576 b 1 these questions are important for all service 2 organizations. 3 (10) Basic HIV information, transmission facts, and 4 the debunking of common myths about HIV. 5 (11) An understanding of post-exposure prophylaxis 6 (PEP), pre-exposure prophylaxis (PrEP), and other HIV 7 prevention methods, including harm reduction, and the 8 understanding that the use of these medications for 9 prevention does not indicate that a client has HIV. 10 (12) An overview of the history of HIV, stigma, and 11 discrimination and the role of that history in creating a 12 respectful and inclusive environment for residents. 13 (13) An overview of the provisions of this Act. 14 (c) The training shall be administered by an entity with 15expertise in identifying and addressing the legal and social 16challenges faced by LGBTQ persons and persons living with HIV 17as they age and those faced by LGBTQ persons and persons living 18with HIV who receive home care services or live in a long-term 19care facility. 20 (d) The training must be either an in-person training or 21Internet-based training. 22 (1) The use of in-person training requires proof of 23 participant attendance in the form of a certificate signed 24 by the participant and the participant's supervisor. 25 (2) The use of Internet-based training requires the 26 following: HB4359- 12 -LRB104 17157 BAB 30576 b 1 (A) controls to ensure that the full training is 2 completed; 3 (B) the use of a personal identification number or 4 personal identification information that confirms the 5 identity of the participant; and 6 (C) a final screen displaying a printable 7 statement, to be signed by the participant and the 8 participant's supervisor, certifying that the 9 identified participant completed the identified 10 training. 11 (e) Records of each staff development program shall be 12maintained. The records shall include the name and title of 13the presenter, date of presentation, title of subject 14presented, description of content, and signatures of those 15attending. 16 Section 25. Interpretation and enforcement of rights. 17 (a) An aggrieved person may enforce violations of this Act 18against a long-term care facility or a home care provider and 19the staff of the long-term care facility or home care provider 20by bringing a civil action. Long-term care facilities and home 21care providers may not request or require a client to 22surrender any of these rights as a condition of receiving 23services. 24 (1) A long-term care facility or home care provider 25 must not require a client or the client's representative HB4359- 13 -LRB104 17157 BAB 30576 b 1 to sign an agreement for binding arbitration as a 2 condition of admission to a long-term care facility, to 3 continue to receive care at a long-term care facility, to 4 begin receiving home care services, or to continue 5 receiving home care services. 6 (2) If there is an agreement for binding arbitration, 7 the long-term care facility or home care provider must 8 ensure that: 9 (A) The agreement is explained to the client or 10 the client's representative in a form and manner that 11 the client or the client's representative understands, 12 including in a language the client or the client's 13 representative understands. 14 (B) The client or the client's representative 15 acknowledges that the client or the client's 16 representative understands the agreement. 17 (C) The agreement provides for the selection of a 18 neutral arbitrator agreed upon by both parties. 19 (D) The agreement provides for the selection of a 20 venue that is convenient to both parties. 21 (3) The agreement must explicitly grant the client or 22 the client's representative the right to rescind the 23 agreement within 30 calendar days after signing it. 24 (4) The agreement must explicitly state that neither 25 the client nor the client's representative is required to 26 sign an agreement for binding arbitration as a condition HB4359- 14 -LRB104 17157 BAB 30576 b 1 of admission to a long-term care facility, to continue to 2 receive care at a long-term care facility, to begin 3 receiving home care services, or to continue receiving 4 home care services. 5 (5) If the client is the prevailing party in the 6 dispute, the client shall be entitled to collect from the 7 opposing party all costs incurred in the dispute, 8 including reasonable attorneys' fees. 9 (b) If any of the rights in this Act are violated, a client 10may contact the Illinois Long-Term Care Ombudsman Program or 11the Illinois Home Care Ombudsman Program. The statement of 12rights in this Act does not replace or diminish other rights 13and liberties that may exist relative to clients in a 14long-term care facility or receiving home care services. 15 (1) A long-term care facility or home care provider 16 that violates this Act, or that employs a staff member who 17 violates the provisions of this Act, shall be subject to 18 civil penalties or other administrative action, including, 19 but not limited to, fines. 20 (2) No long-term care facility or home care provider 21 may require or request a client to waive any of the rights 22 listed in this Act at any time or for any reasons, 23 including as a condition of initiating services or 24 entering into a contract with a long-term care facility or 25 home care provider. 26 (3) All recipients of State funding, including, but HB4359- 15 -LRB104 17157 BAB 30576 b 1 not limited to, funding provided by the Department on 2 Aging, the Department of Healthcare and Family Services, 3 an area agency on aging, or any other long-term care 4 facility or home care provider that receives State 5 funding, must comply with this Section. 6 Section 30. The Assisted Living and Shared Housing Act is 7amended by adding Section 156 as follows: 8 (210 ILCS 9/156 new) 9 Sec. 156. Sexual orientation, Gender Identity, and Gender 10Expression in Long-Term Care Bill of Rights Act compliance. An 11establishment licensed under this Act shall comply with the 12requirements of the Sexual orientation, Gender identity, and 13Gender Expression Bill of Rights Act. 14 Section 35. The Nursing Home Care Act is amended by adding 15Section 2-116 as follows: 16 (210 ILCS 45/2-116 new) 17 Sec. 2-116. Sexual orientation, Gender Identity, and 18Gender Expression in Long-Term Care Bill of Rights Act 19compliance. A facility shall comply with the requirements of 20the Sexual orientation, Gender identity, and Gender Expression 21Bill of Rights Act. HB4359- 16 -LRB104 17157 BAB 30576 b 1 Section 40. The Home Health, Home Services, and Home 2Nursing Agency Licensing Act is amended by adding Section 13.1 3as follows: 4 (210 ILCS 55/13.1 new) 5 Sec. 13.1. Sexual orientation, Gender Identity, and Gender 6Expression in Long-Term Care Bill of Rights Act compliance. An 7agency licensed under this Act shall comply with the 8requirements of the Sexual orientation, Gender identity, and 9Gender Expression Bill of Rights Act. 10 Section 45. The Adult Protective Services Act is amended 11by changing Section 2 as follows: 12 (320 ILCS 20/2) (from Ch. 23, par. 6602) 13 Sec. 2. Definitions. As used in this Act, unless the 14context requires otherwise: 15 (a) "Abandonment" means the desertion or willful forsaking 16of an eligible adult by an individual responsible for the care 17and custody of that eligible adult under circumstances in 18which a reasonable person would continue to provide care and 19custody. Nothing in this Act shall be construed to mean that an 20eligible adult is a victim of abandonment because of health 21care services provided or not provided by licensed health care 22professionals. 23 (a-1) "Abuse" means causing any physical, mental, or HB4359- 17 -LRB104 17157 BAB 30576 b 1sexual injury to an eligible adult, including exploitation of 2such adult's financial resources, and abandonment or 3subjecting an eligible adult to an environment which creates a 4likelihood of harm to the eligible adult's health, physical 5and emotional well-being, or welfare, intentional 6misgendering, and unlawful discrimination as defined in 7Section 1-103 of the Illinois Human Rights Act. 8 Nothing in this Act shall be construed to mean that an 9eligible adult is a victim of abuse, abandonment, neglect, or 10self-neglect for the sole reason that he or she is being 11furnished with or relies upon treatment by spiritual means 12through prayer alone, in accordance with the tenets and 13practices of a recognized church or religious denomination. 14 Nothing in this Act shall be construed to mean that an 15eligible adult is a victim of abuse because of health care 16services provided or not provided by licensed health care 17professionals. 18 Nothing in this Act shall be construed to mean that an 19eligible adult is a victim of abuse in cases of criminal 20activity by strangers, telemarketing scams, consumer fraud, 21internet fraud, home repair disputes, complaints against a 22homeowners' association, or complaints between landlords and 23tenants. 24 (a-5) "Abuser" means a person who is a family member, 25caregiver, or another person who has a continuing relationship 26with the eligible adult and abuses, abandons, neglects, or HB4359- 18 -LRB104 17157 BAB 30576 b 1financially exploits an eligible adult. 2 (a-6) "Adult with disabilities" means a person aged 18 3through 59 who resides in a domestic living situation and 4whose disability as defined in subsection (c-5) impairs his or 5her ability to seek or obtain protection from abuse, 6abandonment, neglect, or exploitation. 7 (a-7) "Caregiver" means a person who either as a result of 8a family relationship, voluntarily, or in exchange for 9compensation has assumed responsibility for all or a portion 10of the care of an eligible adult who needs assistance with 11activities of daily living or instrumental activities of daily 12living. 13 (b) "Department" means the Department on Aging of the 14State of Illinois. 15 (c) "Director" means the Director of the Department. 16 (c-5) "Disability" means a physical or mental disability, 17including, but not limited to, a developmental disability, an 18intellectual disability, a mental illness as defined under the 19Mental Health and Developmental Disabilities Code, or dementia 20as defined under the Alzheimer's Disease Assistance Act. 21 (d) "Domestic living situation" means a residence where 22the eligible adult at the time of the report lives alone or 23with his or her family or a caregiver, or others, or other 24community-based unlicensed facility, but is not: 25 (1) A licensed facility as defined in Section 1-113 of 26 the Nursing Home Care Act; HB4359- 19 -LRB104 17157 BAB 30576 b 1 (1.5) A facility licensed under the ID/DD Community 2 Care Act; 3 (1.6) A facility licensed under the MC/DD Act; 4 (1.7) A facility licensed under the Specialized Mental 5 Health Rehabilitation Act of 2013; 6 (2) A "life care facility" as defined in the Life Care 7 Facilities Act; 8 (3) A home, institution, or other place operated by 9 the federal government or agency thereof or by the State 10 of Illinois; 11 (4) A hospital, sanitarium, or other institution, the 12 principal activity or business of which is the diagnosis, 13 care, and treatment of human illness through the 14 maintenance and operation of organized facilities 15 therefor, which is required to be licensed under the 16 Hospital Licensing Act; 17 (5) A "community living facility" as defined in the 18 Community Living Facilities Licensing Act; 19 (6) (Blank); 20 (7) A "community-integrated living arrangement" as 21 defined in the Community-Integrated Living Arrangements 22 Licensure and Certification Act or a "community 23 residential alternative" as licensed under that Act; 24 (8) An assisted living or shared housing establishment 25 as defined in the Assisted Living and Shared Housing Act; 26 or HB4359- 20 -LRB104 17157 BAB 30576 b 1 (9) A supportive living facility as described in 2 Section 5-5.01a of the Illinois Public Aid Code. 3 (e) "Eligible adult" means either an adult with 4disabilities aged 18 through 59 or a person aged 60 or older 5who resides in a domestic living situation and is, or is 6alleged to be, abused, abandoned, neglected, or financially 7exploited by another individual or who neglects himself or 8herself. "Eligible adult" also includes an adult who resides 9in any of the facilities that are excluded from the definition 10of "domestic living situation" under paragraphs (1) through 11(9) of subsection (d), if either: (i) the alleged abuse, 12abandonment, or neglect occurs outside of the facility and not 13under facility supervision and the alleged abuser is a family 14member, caregiver, or another person who has a continuing 15relationship with the adult; or (ii) the alleged financial 16exploitation is perpetrated by a family member, caregiver, or 17another person who has a continuing relationship with the 18adult, but who is not an employee of the facility where the 19adult resides. 20 (f) "Emergency" means a situation in which an eligible 21adult is living in conditions presenting a risk of death or 22physical, mental or sexual injury and the provider agency has 23reason to believe the eligible adult is unable to consent to 24services which would alleviate that risk. 25 (f-1) "Financial exploitation" means the use of an 26eligible adult's resources by another to the disadvantage of HB4359- 21 -LRB104 17157 BAB 30576 b 1that adult or the profit or advantage of a person other than 2that adult. 3 (f-3) "Investment advisor" means any person required to 4register as an investment adviser or investment adviser 5representative under Section 8 of the Illinois Securities Law 6of 1953, which for purposes of this Act excludes any bank, 7trust company, savings bank, or credit union, or their 8respective employees. 9 (f-5) "Mandated reporter" means any of the following 10persons while engaged in carrying out their professional 11duties: 12 (1) a professional or professional's delegate while 13 engaged in: (i) social services, (ii) law enforcement, 14 (iii) education, (iv) the care of an eligible adult or 15 eligible adults, or (v) any of the occupations required to 16 be licensed under the Behavior Analyst Licensing Act, the 17 Clinical Psychologist Licensing Act, the Clinical Social 18 Work and Social Work Practice Act, the Illinois Dental 19 Practice Act, the Dietitian Nutritionist Practice Act, the 20 Marriage and Family Therapy Licensing Act, the Medical 21 Practice Act of 1987, the Naprapathic Practice Act, the 22 Nurse Practice Act, the Nursing Home Administrators 23 Licensing and Disciplinary Act, the Illinois Occupational 24 Therapy Practice Act, the Illinois Optometric Practice Act 25 of 1987, the Pharmacy Practice Act, the Illinois Physical 26 Therapy Act, the Physician Assistant Practice Act of 1987, HB4359- 22 -LRB104 17157 BAB 30576 b 1 the Podiatric Medical Practice Act of 1987, the 2 Respiratory Care Practice Act, the Professional Counselor 3 and Clinical Professional Counselor Licensing and Practice 4 Act, the Illinois Speech-Language Pathology and Audiology 5 Practice Act, the Veterinary Medicine and Surgery Practice 6 Act of 2004, and the Illinois Public Accounting Act; 7 (1.5) an employee of an entity providing developmental 8 disabilities services or service coordination funded by 9 the Department of Human Services; 10 (2) an employee of a vocational rehabilitation 11 facility prescribed or supervised by the Department of 12 Human Services; 13 (3) an administrator, employee, or person providing 14 services in or through an unlicensed community based 15 facility; 16 (4) any religious practitioner who provides treatment 17 by prayer or spiritual means alone in accordance with the 18 tenets and practices of a recognized church or religious 19 denomination, except as to information received in any 20 confession or sacred communication enjoined by the 21 discipline of the religious denomination to be held 22 confidential; 23 (5) field personnel of the Department of Healthcare 24 and Family Services, Department of Public Health, and 25 Department of Human Services, and any county or municipal 26 health department; HB4359- 23 -LRB104 17157 BAB 30576 b 1 (6) personnel of the Department of Human Services, the 2 Guardianship and Advocacy Commission, the State Fire 3 Marshal, local fire departments, the Department on Aging 4 and its subsidiary Area Agencies on Aging and provider 5 agencies, except the State Long Term Care Ombudsman and 6 any of his or her representatives or volunteers where 7 prohibited from making such a report pursuant to 45 CFR 8 1324.11(e)(3)(iv); 9 (7) any employee of the State of Illinois not 10 otherwise specified herein who is involved in providing 11 services to eligible adults, including professionals 12 providing medical or rehabilitation services and all other 13 persons having direct contact with eligible adults; 14 (8) a person who performs the duties of a coroner or 15 medical examiner; 16 (9) a person who performs the duties of a paramedic or 17 an emergency medical technician; or 18 (10) a person who performs the duties of an investment 19 advisor. 20 (g) "Neglect" means another individual's failure to 21provide an eligible adult with or willful withholding from an 22eligible adult the necessities of life including, but not 23limited to, food, clothing, shelter or health care. This 24subsection does not create any new affirmative duty to provide 25support to eligible adults. Nothing in this Act shall be 26construed to mean that an eligible adult is a victim of neglect HB4359- 24 -LRB104 17157 BAB 30576 b 1because of health care services provided or not provided by 2licensed health care professionals. 3 (h) "Provider agency" means any public or nonprofit agency 4in a planning and service area that is selected by the 5Department or appointed by the regional administrative agency 6with prior approval by the Department on Aging to receive and 7assess reports of alleged or suspected abuse, abandonment, 8neglect, or financial exploitation. A provider agency is also 9referenced as a "designated agency" in this Act. 10 (i) "Regional administrative agency" means any public or 11nonprofit agency in a planning and service area that provides 12regional oversight and performs functions as set forth in 13subsection (b) of Section 3 of this Act. The Department shall 14designate an Area Agency on Aging as the regional 15administrative agency or, in the event the Area Agency on 16Aging in that planning and service area is deemed by the 17Department to be unwilling or unable to provide those 18functions, the Department may serve as the regional 19administrative agency or designate another qualified entity to 20serve as the regional administrative agency; any such 21designation shall be subject to terms set forth by the 22Department. 23 (i-5) "Self-neglect" means a condition that is the result 24of an eligible adult's inability, due to physical or mental 25impairments, or both, or a diminished capacity, to perform 26essential self-care tasks that substantially threaten his or HB4359- 25 -LRB104 17157 BAB 30576 b 1her own health, including: providing essential food, clothing, 2shelter, and health care; and obtaining goods and services 3necessary to maintain physical health, mental health, 4emotional well-being, and general safety. The term includes 5compulsive hoarding, which is characterized by the acquisition 6and retention of large quantities of items and materials that 7produce an extensively cluttered living space, which 8significantly impairs the performance of essential self-care 9tasks or otherwise substantially threatens life or safety. 10 (j) "Substantiated case" means a reported case of alleged 11or suspected abuse, abandonment, neglect, financial 12exploitation, or self-neglect in which a provider agency, 13after assessment, determines that there is reason to believe 14abuse, abandonment, neglect, or financial exploitation has 15occurred. 16 (k) "Verified" means a determination that there is "clear 17and convincing evidence" that the specific injury or harm 18alleged was the result of abuse, abandonment, neglect, or 19financial exploitation. 20(Source: P.A. 102-244, eff. 1-1-22; 102-953, eff. 5-27-22; 21103-329, eff. 1-1-24; 103-626, eff. 1-1-25.)