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 the Inspector General has issued an amended investigative report, as a result of a reconsideration, that no longer contains a substantiated finding.

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 abuse as defined in this Part other than mental injury, or against whom the Inspector General has substantiated neglect that has been determined to be egregious, 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.  The employee's identity will not be forwarded to the Registry when:

1)         The grievance and arbitration rights of the employee have not been exhausted, unless three months have expired since the initiation of the grievance process by the employee, whichever comes first.

2)         A Health Care Worker Registry hearing has been requested and has not been completed.

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 Registry hearing shall be separate and distinct from the Inspector General's appeal process described in Section 50.80.

2)         The employee and the Department may provide written and oral evidence at the hearing.

3)         The Department shall be required to establish by a preponderance of the evidence that the Office of the Inspector General's finding of abuse other than mental injury or OIG's finding of neglect that has been determined to be egregious warrants reporting to the Health Care Worker Registry.

4)         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.

5)         If applicable, the employee must give written notice to the Department's Bureau of Administrative Hearings, Department of Human Services, 100 South Grand Avenue East, Springfield, Illinois  62762 that he or she has initiated the grievance or arbitration process and the date of initiation.  The notice must include a copy of the grievance.

6)         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, 100 South Grand Avenue East, Springfield, Illinois 62762, requesting a hearing and setting 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 finding that the Inspector General's report to the Health Care Worker Registry is valid, 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 and identification of the substantiated finding that resulted in the name of the employee being placed on the Health Care Worker Registry;

2)         the finding 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.

g)         If an employee's name and the finding has been reported to the Health Care Worker Registry because three months since the initiation of the grievance process has elapsed, where the grievance and arbitration process or a decision from the Civil Service Commission ultimately overturns the action, the authorized representative must give written notice to the Office of the Inspector General.  The Inspector General shall report the results of the grievance or arbitration process to the Health Care Worker Registry maintained by the Illinois Department of Public Health and notify the employee of the report.

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