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 50.20 REPORTING AN ALLEGATION OF ABUSE, NEGLECT, OR FINANCIAL EXPLOITATION AND DEATH REPORTS
Section 50.20 Reporting an Allegation of Abuse, Neglect, or Financial Exploitation and Death Reports
a) Reporting – by a facility, community agency or employee
1) If an employee witnesses, is told of, or suspects an incident of physical abuse, sexual abuse, mental abuse, financial exploitation, 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). Such an employee or representative of a community agency or facility shall be deemed the "required reporter" for purposes of this Part. Such reporting shall 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 physical abuse, sexual abuse, mental abuse, financial exploitation or neglect, the required reporter shall report the following allegations by phone to the OIG hotline:
A) Any allegation of physical, sexual or mental abuse by an employee;
B) Any allegation of neglect by an employee, community agency or facility;
C) Any allegation of financial exploitation by an employee, community agency or facility; and
D) Any injury or death of an individual that occurs within a facility or community agency program when abuse or neglect may be suspected.
E) 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 employee (if known), including name, contact information and if the accused employee/facility/agency is presently working with or will be working with the victim; and
iv) Information about the person initiating the complaint, 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 of an individual from a residential program or facility;
B) Any death of an individual 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, delaying or withholding reports of incidents or allegations of abuse or neglect from OIG is strictly prohibited by community agencies or facilities. Failure to report incidents or allegations of abuse or neglect to OIG within the required timeframe is a Class A misdemeanor (see 20 ILCS 1305/1-17(k)(1)).
It is a violation of Sections 1-17(k)(3) of the Act for any employee or administrator of an agency or facility to take retaliatory action against an employee who acts in good faith in conformance with his or her duties as a required reporter.
6) 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 an allegation of abuse or neglect of, or the death of, an individual 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. Failure to report incidents or allegations of abuse or neglect within the required timeframe is a Class A misdemeanor (see 20 ILCS 1305/1-17(k)(1)).
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, neglect and financial exploitation
1) Any other person, individual, family member, guardian or advocate who witnesses, is told of or suspects an incident of alleged abuse, neglect, financial exploitation 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 hotline or mail at:
Department of Human Services
Office of Inspector General
901 Southwind Road
Springfield, Illinois 62703
A) Within 3 days after receipt of an allegation, OIG shall notify the authorized representative of the community agency or facility or his or her designee 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) Within 24 hours after notification of an allegation, the authorized representative of the community agency or facility shall notify the victim or guardian (if applicable) and the accused employee that an allegation has been received. 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) Immediately, but no later than within 3 days after receipt of an allegation, OIG shall also contact the complainant regarding the allegation.
d) Training and technical assistance/Other requirements
1) Agencies and facilities shall have a policy detailing procedures for reporting allegations of abuse, neglect, financial exploitation and deaths as set forth in Sections 50.10 and 50.20.
2) All employees, as defined in Section 50.10, shall be trained in Part 50 requirements upon being hired and at least biennially thereafter.
3) Any person, community agency, or facility may request training or technical assistance from OIG in identifying, reporting, investigating and preventing abuse, neglect, financial exploitation, reporting of deaths, or participation in applicable OIG-sponsored training as referenced in Section 1-17(h) of the Act.
e) Misleading reports
Nothing in this Part 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 38 Ill. Reg. 19152, effective September 10, 2014)