TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 50 OFFICE OF INSPECTOR GENERAL INVESTIGATIONS OF ALLEGED ABUSE OR NEGLECT IN STATE-OPERATED FACILITIES AND COMMUNITY AGENCIES
SECTION 50.10 DEFINITIONS


 

Section 50.10  Definitions

 

For the purposes of this Part, the following terms are defined:

 

"Abuse".  See definitions for physical abuse, sexual abuse, mental abuse and financial exploitation.

 

"Access".  Admission to a community agency or facility for the purpose of conducting imminent risk assessments, conducting investigations, monitoring compliance with a written response, or completing any other statutorily assigned duty, such as annual unannounced site visits, including but not limited to conducting interviews and obtaining and reviewing any documents or records that the Office of Inspector General (OIG) believes to be pertinent to an investigation.

 

"Act".  The Department of Human Services Act [20 ILCS 1305].

 

"Administrative action".  Measures taken by the community agency or the facility as a result of the findings or recommendations contained in the investigation that protect individuals from abuse, neglect or financial exploitation, prevent recurrences, and eliminate problems.

 

"Agency". See the definition for community agency.

 

"Aggravating circumstance".  A factor that is attendant to a finding and that tends to compound or increase the culpability of the accused employee/facility/agency.

 

"Allegation".  An assertion, complaint, suspicion or incident involving any of the following conduct by an employee, facility or agency against an individual or individuals: mental abuse, physical abuse, sexual abuse, neglect or financial exploitation.

 

"Authorized representative".  The administrative head or executive director of a community agency appointed by the community agency's governing body with overall responsibility for fiscal and programmatic management, or the facility director or hospital administrator of a Department facility.  If this person is implicated in an investigation, the governing body of the community agency or the Secretary of the Department shall be deemed the authorized representative for that investigation.

 

"Bodily harm".  Any injury, damage or impairment to an individual's physical condition, or making physical contact of an insulting or provoking nature with an individual.

 

"Community agency" or "agency".  A community agency licensed, funded or certified by the Department, but not licensed or certified by any other human services agency of the State, to provide mental health service or developmental disabilities service, or a program licensed, funded or certified by the Department, but not licensed or certified by any other human services agency of the State, to provide mental health service or developmental disability service.

 

"Complainant".  The person who reports a death or an allegation of abuse, neglect or financial exploitation directly to OIG and is not the required reporter.

 

"Complaint".  A report of a death or an allegation of abuse, neglect or financial exploitation reported directly to the OIG Hotline.

 

"Credible evidence".  Any evidence that relates to the allegation or incident and that is considered believable and reliable.

 

"Day".  Working day, unless otherwise specified.

 

"Deflection".  A situation in which an individual is presented for admission to a facility or agency and the facility staff or agency staff do not admit that individual.  Deflection includes triage, redirection and denial of admission.

 

"Department".  The Department of Human Services.

 

"Egregious neglect".  A finding of neglect as determined by the Inspector General that represents a gross failure to adequately provide for, or a callous indifference to, the health, safety or medical needs of an individual and results in an individual's death or other serious deterioration of an individual's physical condition or mental condition.

 

"Employee".  Any person who provides services at the  facility or the community agency on or off site.  The service relationship can be with the individual, the facility or agency.  Also, "employee" includes any employee or contractual agent of the Department of Human Services or the community agency involved in providing or monitoring or administering mental health or developmental disability services.  This includes but is not limited to: owners, operators, payroll personnel, contractors, subcontractors and volunteers.  For purposes of this Part, employee also includes someone who is no longer working for an agency or facility, but is the subject of an ongoing investigation for which OIG has jurisdiction.

 

"Facility" or "State-operated facility".  A mental health facility or developmental disabilities center operated by the Department.

 

"Final report".  A completed investigative report approved by the Inspector General that summarizes the evidence and that indicates whether the allegation of abuse, neglect or financial exploitation is substantiated, unsubstantiated or unfounded based on the evidence gathered from the investigation, when the reconsideration and response period has expired.

 

"Financial exploitation".  Taking unjust advantage of an individual's assets, property or financial resources through deception, intimidation or conversion for the employee's, facility's or agency's own advantage or benefit.

 

"Finding".  The Office of Inspector General's determination regarding whether an allegation is substantiated, unsubstantiated or unfounded.

 

"Health Care Worker Registry" or "Registry".  The Health Care Worker Registry created by the Nursing Home Care Act [210 ILCS 45].

 

"Imminent danger".  A preliminary determination of immediate, threatened or impending risk of illness, mental injury, or physical injury or deterioration to an individual's health that requires immediate action.

 

"Individual".  Any person receiving mental health services, developmental disabilities services, or both from a facility or agency, while either on-site or off-site.

 

"Insulting or provoking".  Contact that offends a reasonable sense of personal dignity.

 

"Medical treatment".  Any treatment, other than diagnostic procedures, that may only be ordered or rendered to an individual by a physician or dentist regarding an injury.

 

"Mental abuse".  The use of demeaning, intimidating or threatening words, signs, gestures or other actions by an employee about an individual and in the presence of an individual or individuals that results in emotional distress or maladaptive behavior, or could have resulted in emotional distress or maladaptive behavior, for any individual present.

 

"Mitigating circumstance". A condition that is attendant to a finding and does not excuse or justify the conduct in question, but may be considered in evaluating the severity of the conduct, the culpability of the accused, or both the severity of the conduct and the culpability of the accused employee/facility/agency.

 

"Neglect". An employee's, agency's or facility's failure to provide adequate medical care, personal care or maintenance, and that, as a consequence, causes an individual pain, injury or emotional distress, results in either an individual's maladaptive behavior or the deterioration of an individual's physical condition or mental condition, or places an individual's health or safety at substantial risk of possible injury, harm or death.

 

"Non-accidental".  Occurring with volition or consciousness; not occurring by chance.

 

"OIG".  The Office of Inspector General of the Department.

 

"Physical abuse". An employee's non-accidental and inappropriate contact with an individual that causes bodily harm.  "Physical abuse" includes actions that cause bodily harm as a result of an employee/facility/agency directing an individual or person to physically abuse another individual.

 

"Preponderance of the evidence".  Proof sufficient to persuade the finder of fact that a fact sought to be proved is more likely true than not true.

 

"Recommendation".  Means an admonition rendered by OIG, separate from a finding, that requires action by the facility, agency or Department to correct a systemic issue, problem or deficiency identified during an investigation.

 

"Required reporter".  Any employee/facility/agency who suspects, witnesses, or is informed of an allegation of any one or more of the following: mental abuse, physical abuse, sexual abuse, neglect or financial exploitation.

 

"Routine programmatic".  Refers to services provided as part of the individual's habilitation plan, treatment plan or as a regular or ongoing component of the community agency's or facility's general services or practices.

 

"Secretary".  The Chief Administrative Officer of the Department.

 

"Sexual abuse".  Any sexual contact or intimate physical contact between an employee and an individual, including an employee's coercion or encouragement of an individual to engage in sexual behavior that results in sexual contact, intimate physical contact, sexual behavior, or intimate physical behavior.  Sexual abuse also includes:

 

an employee's actions that result in the sending or showing of sexually explicit images to an individual via computer, cellular phone, electronic mail, portable electronic device, or other media, with or without contact with the individual; or

 

an employee's posting of sexually explicit images of an individual online or elsewhere, whether or not there is contact with the individual.  Sexual abuse does not include allowing individuals to, of their volition, view movies or images of a sexual nature or read text containing sexual content unless the individual's guardian prohibits the viewing of those movies or images or reading of that material.

 

"Sexual contact".  Inappropriate sexual contact between an employee and an individual involving either an employee's genital area, anus, buttocks or breasts or an individual's genital area, anus, buttocks or breasts.  Sexual contact also includes sexual contact between individuals that is coerced or encouraged by an employee.

 

"Sexually explicit images".  Includes, but is not limited to, any material that depicts nudity, sexual conduct, or sadomasochistic abuse, or that contains explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct, or sadomasochistic abuse.  This does not include those images contained in sex education materials used by employees to educate individuals.

 

"Substantiated". There is a preponderance of the evidence to verify the substance of the allegation.

 

"Unfounded". There is no credible evidence to verify the substance of the allegation.

 

"Unsubstantiated".  There is credible evidence, but less than a preponderance of evidence to verify the substance of the allegation.

 

"Victim".  An individual who has been subjected to alleged abuse, neglect or financial exploitation.

 

(Source:  Amended at 40 Ill. Reg. 1824, effective January 5, 2016)