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 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)
Within 24 hours after initial discovery of a death, 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 an agency residential
program or facility;
B) Any death
of an individual occurring within 24 hours after deflection from an agency
residential program or facility;
C)
Any other death of an individual occurring within an agency residential program
or facility or at any other site licensed, funded, or certified by the
Department 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. 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) ).
5) Retaliation
It is a violation of Section 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 the employee's
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.
Authorized Representatives are therefore not restricted or prohibited from
taking action to protect residents or patients in accordance with or as
required by IDPH to ensure compliance with Intermediate Care Facility Providers
for Developmental Disability (ICF/DD) standards, including, but not limited to:
i)
42 CFR
483.420, Condition of participation: Client
protections; and
B) If the Authorized Representative, their
designee, or the OIG Liaison reviews an agency's or facility's internal
documents regarding an allegation of abuse, neglect, Financial Exploitation, or
the death of an individual at the respective Community Agency or facility, they
shall not delete, delay, withhold, limit, or otherwise restrict any of the
information contained in the documents. Information may be added by the
Authorized Representative or their designee for clarification purposes only.
Failure to report incidents or allegations of abuse, neglect, or Financial
Exploitation within the required timeframe is a Class A misdemeanor (see
20 ILCS
1305/1-17(k)(1)
).
c) Other reports of allegations of abuse,
neglect, Financial Exploitation, and deaths
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 has 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
2) Notifications
A) Within 3 working days after receipt of an
allegation, OIG shall notify the Authorized Representative of the Community
Agency or facility or their 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 their
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
working days after receipt of an allegation, OIG shall also contact the
complainant regarding the allegation.
d) Training and technical assistance
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) Each
facility and Community Agency is required to have an employee who is designated
as the OIG Liaison.
4) Community
Agency or facility employees designated as OIG Liaisons or whose duties include
completing the initial incident response as set forth in Section
50.30(f) are
required to take OIG's Section
50.30(f)
training.
5) Any employee,
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 false
or misleading reports from disciplinary and other actions 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
pursuing any and all allowable remedies.