Section 50.20  Reporting an allegation of abuse or neglect and death reports

a)         Reporting – by a facility, community agency or employee

1)         If an employee witnesses, is told of, or has reason to believe an incident of abuse or neglect or a death has occurred, the employee, community agency or facility shall report the allegation to the OIG hotline according to the community agency's or facility's procedures.  The employee, community agency or facility shall report the allegation immediately, but no later than the time frames specified in subsections (a)(2) and (3) of this Section. Such an employee or representative of a community agency or facility shall be deemed the "required reporter" for purposes of this Part.  Such reporting will additionally meet any requirements of 59 Ill. Adm. Code 115, 119 and 132 and Department administrative directives, as applicable.

2)         Within four hours after the initial discovery of an incident of alleged abuse or neglect, the required reporter shall report the following allegations by phone to the OIG hotline:

A)        Any allegation of abuse by an employee;

B)        Any allegation of neglect by an employee, community agency or facility; and

C)        Any injury or death of an individual that occurs within a facility or community agency program when abuse or neglect is suspected.

D)        At a minimum, required reporters to the OIG hotline shall provide details concerning:

i)          Information about the victim, including name, date of birth, sex, disability, identification number and/or social security number (if known);

ii)         Information about the incident, including what happened, when it happened, where it happened, how it happened and the identification of all witnesses;

iii)         Information about the accused (if known), including name, contact information and if the accused is presently working with or will be working with the alleged victim within the next 72 hours; and

iv)        Information about the complainant, including name, contact information, relationship to the victim and the need for anonymity (if applicable).

3)         Written documentation of deaths from the required reporter

Within 24 hours after initial discovery, the required reporter shall call the OIG Hotline and report (as described in Section 50.30):

A)        Any death occurring within 14 calendar days after discharge or transfer from a residential program or facility;

B)        Any death occurring within 24 hours after deflection from a residential program or facility;

C)        Any other death of an individual occurring within a residential program or facility or at any Department-funded site even though not alleged to be a result of abuse or neglect.

4)         Screening of reports prohibited by community agency or facility

            Screening, delaying or withholding reports of incidents or allegations of abuse or neglect from OIG is not allowed.

5)         Other community agency and facility requirements

A)        Reporting to OIG shall not relieve the community agency or facility from any statutory or regulatory reporting requirements applicable to the community agency or facility.

B)        If the authorized representative or his or her designee reviews the agency's or facility's form or any other internal document regarding alleged abuse, neglect or death at the respective community agency or facility, he/she shall not delete, delay, withhold, limit or otherwise restrict any of the information contained in the form.  Information may be added by the authorized representative or his or her designee for clarification purposes only.

b)         OIG hotline

The OIG hotline (#1-800-368-1463) shall be communicated to individuals and guardians at the time of admission and the number shall be posted in plain sight at each community agency and facility location where individuals receive services.

c)         Other reports of allegations of abuse and neglect

1)         Any other person, individual, family member, guardian, advocate, or staff from another community agency or facility who witnesses, is told of or has reason to believe an incident of alleged abuse or neglect or a death of an individual may have occurred, may report the incident to OIG by telephoning the OIG hotline, or in writing by fax or other electronic reporting system offered by OIG to the OIG Intake or mail at:

Office of Inspector General

901 Southwind Road

Springfield, Illinois 62703

2)         Notifications

A)        OIG shall notify the authorized representative of the community agency or facility or his or her designee within 3 working days that an allegation has been received unless such notification compromises the integrity of the investigation,  such as,  an allegation involving the authorized representative or his or her designee.

B)        The authorized representative of the community agency or facility shall notify the victim or guardian (if applicable) and the accused that an allegation has been received within 24 hours.  If the authorized representative or designee is unable to reach the guardian by phone, a letter of notification shall be sent within 24 hours.

C)        OIG shall also contact the complainant immediately but no later than within 3 working days regarding the allegation.

d)         Training and technical assistance

Any person, community agency, or facility may request training or technical assistance from OIG in identifying, reporting, investigating and preventing abuse or neglect, or participation in applicable OIG-sponsored training as referenced in Section 1-17(j) of the Act.

e)         Misleading reports

Nothing in this rule protects persons who knowingly make misleading reports to harass or compromise community agency or facility effectiveness from action available to either the community agency or facility.  Nothing in this Part prohibits OIG, other enforcement authorities, or any employee jeopardized by such reporting from obtaining allowable remedies.

(Source:  Amended at 32 Ill. Reg. 8132, effective May 16, 2008)