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 50.90 REPORTING BY THE INSPECTOR GENERAL TO THE ILLINOIS DEPARTMENT OF PUBLIC HEALTH HEALTH CARE WORKER REGISTRY


 

Section 50.90  Reporting by the Inspector General to the Illinois Department of Public Health Health Care Worker Registry

 

a)         An employee's identity and the investigative finding will not be forwarded to the Health Care Worker Registry when:

 

1)         The Inspector General has issued an amended investigative report, as a result of a reconsideration, that no longer contains a substantiated finding; or

 

2)         The parties have jointly requested the administrative law judge consider a stipulated disposition of the proceeding and the Secretary agrees with the stipulated disposition; or

 

3)         The employee has notified the Inspector General in writing, including any supporting documentation, that he or she is formally contesting an adverse employment action resulting from a substantiated finding by a complaint filed with the Illinois Civil Service Commission or has filed an action pursuant to any applicable collective bargaining agreement; or

 

4)         The employee has requested a hearing to appeal the placement of his/her name on the Health Care Worker Registry and it has not been completed.

 

b)         After the Inspector General's investigative report becomes a final report, the Inspector General shall notify the employee against whom the Inspector General has substantiated physical abuse, sexual abuse, egregious neglect or financial exploitation that his or her identity and the investigative finding will be placed on the Health Care Worker Registry maintained by the Illinois Department of Public Health.

 

c)         The notification to the employee of the decision to place his or her name and the investigative finding on the Health Care Worker Registry shall be provided to the last known address of the employee by certified mail and shall include:

 

1)         A clear and concise statement of the grounds on which the report to the Health Care Worker Registry is based.

 

2)         Information on the opportunity to request a Registry hearing to contest the decision to place the employee's name and the reporting of the investigative finding on the Health Care Worker Registry, or in lieu of a request for a hearing, the opportunity to submit a written response to the decision to place the employee's name and the reporting of the investigative finding to the Health Care Worker Registry.

 

3)         Explanation of the mechanism by which the employee can request a hearing.

 

d)         If the employee requests a Registry hearing:

 

1)         The employee and the Department may provide documentary, physical and oral evidence at the hearing.

 

2)         The Department shall be required to establish by a preponderance of the evidence that the Office of the Inspector General's finding of physical abuse, sexual abuse, egregious neglect or financial exploitation warrants reporting to the Health Care Worker Registry.

 

3)         Hearings under this Section shall be conducted in accordance with the Department's rules on the conduct of hearings and appeals at 89 Ill. Adm. Code 508.  In the event there is a conflict between 89 Ill. Adm. Code 508 and this Part, the provisions of this Part shall prevail.

 

4)         If applicable, in addition to notice to the Inspector General, the employee must give written notice to the Department's Bureau of Administrative Hearings, Department of Human Services, Office of the General Counsel, 401 S. Clinton, 6th Floor, Chicago IL 60607, Attn: Bureau of Administrative Hearings, that he or she has initiated the grievance or arbitration process and the date of initiation, or has filed an action with the Civil Service Commission.  The notice must include a copy of the grievance or the filing with the Civil Service Commission.

 

5)         The employee may request a hearing no later than 30 calendar days after receipt of the notice issued pursuant to Section 50.70(e).  The employee shall file an appeal in writing to the Bureau of Administrative Hearings, Department of Human Services, Office of the General Counsel, 401 S. Clinton, 6th Floor, Chicago IL 60607, Attn: Bureau of Administrative Hearings, requesting a hearing and stating out the reasons why the proposed report to the Registry is not warranted.

 

e)         If the employee does not request a hearing or if the hearing results in a decision that the reporting of the Inspector General's finding to the Health Care Worker Registry is warranted, the Inspector General shall report the name of the employee to the Health Care Worker Registry maintained by the Illinois Department of Public Health and notify the employee of the report.

 

f)         The Inspector General's report to the Health Care Worker Registry shall include:

 

1)         The identity of the employee, including the employee's social security number, and identification of the substantiated finding that resulted in the name of the employee being placed on the Health Care Worker Registry;

 

2)         the final decision from the Department's Registry hearing, if one was held; and

 

3)         A brief statement from the reported employee if the employee chooses to make a statement.

 

(Source:  Amended at 38 Ill. Reg. 22642, effective November 20, 2014)