a)
In accordance with investigative best practice, OIG shall, when feasible, and
to the extent these actions have not already been fully addressed by facility
or agency staff:
1) Ensure that the victim is
not in Imminent Danger;
2) Protect
the integrity of the investigation at all times;
3) Secure the scene of the
incident;
4) Identify and separate
witnesses;
5) Preserve and secure
all evidence;
6) Obtain statements
from persons involved, including victims, accused employees, and witnesses
through in-person interviews, by telephone, or by video; and
7) Obtain copies of pertinent documents
relating to the investigation, i.e., progress notes, incident or injury
reports, patient or resident records, photographs, etc.
b) Confidentiality
Any allegations or investigations of reports of abuse, neglect,
and Financial Exploitation shall remain confidential until a final report is
completed (Section 1-17(m) of the Act). The identity of any person as a
complainant shall remain confidential in accordance with the Freedom of
Information Act [5 ILCS 140 ] or unless
identification is authorized by the complainant. Information concerning
diagnosis and treatment for substance use disorder shall be disclosed to OIG by
Community Agencies only in accordance with federal regulations at
42 CFR
2. Information concerning tests for human
immunodeficiency virus (HIV) and diagnosis and treatment for acquired immune
deficiency syndrome (AIDS) shall be disclosed to OIG by Community Agencies only
in accordance with the AIDS Confidentiality Act [410 ILCS 305
]. All personal health related information contained in OIG investigative
reports shall remain confidential in accordance with the Health Insurance
Portability and Accountability Act of 1996 (HIPAA) (P.L. 104-191)
(45 CFR
160,
162 and
164). All personal information
concerning an employee or recipient shall be protected from disclosure in
accordance with the Personal Information Protection Act [815 ILCS
530 ], except as necessary to complete reporting of an
employee's name to the Registry or for other required reporting to
investigatory, law enforcement, and/or licensing authorities.
c) All investigations shall be conducted in a
manner that respects the dignity and human rights of all persons
involved.
d) Every OIG Investigator
authorized to conduct investigations shall receive ongoing training regarding
OIG Investigations of Alleged Abuse, Neglect, or Financial Exploitation in
State-Operated Facilities and Community Agencies (59 Ill. Adm. Code
50).
Additionally, every OIG Investigator authorized to conduct investigations at
community agencies shall receive ongoing training regarding Standards and
Licensure Requirements for Community-Integrated Living Arrangements (59 Ill.
Adm. Code
115); Administration of Medication in Community Settings (59 Ill.
Adm. Code
116); and Minimum Standards for Certification of Developmental
Training Programs (59 Ill. Adm. Code
119).
e) Representation during Interviews
An employee may request representation at an interview with OIG
if the employee has reasonable grounds to believe that the interview may be
used to support disciplinary action against them. If the investigator denies
the request, the employee's statement may not be used in any subsequent
disciplinary proceeding against that employee. No representative of the agency
or facility that employs the interviewee may be present at an investigatory
interview. Union representation for AFSCME employees, Council 31
(State-operated facilities), shall be granted in accordance with the applicable
union contract.
f) No person
shall interfere with or obstruct an OIG interview or investigation. Such
conduct is a violation of Section 1-17(i)(2) of the Act.
g) OIG shall be granted access, for the
purpose of investigating abuse, neglect, or Financial Exploitation, to any
facility or program operated, funded, licensed, or certified by the Department
that is subject to the provisions of Section 1-17 of the Act.
1) When advance notice to an Authorized
Representative or their designee is not provided, OIG shall, on arrival at the
Community Agency or facility site, request that an on-duty and on-site employee
notify the Authorized Representative or their designee of OIG's
arrival.
2) Facilities and
community agencies shall obtain and provide OIG with all written statements and
any requested documents in a timely manner.
h) If OIG determines that:
1) An individual's health or safety is in
Imminent Danger, the Inspector General shall immediately notify the Secretary
or their designee and the Authorized Representative of the Community Agency or
facility or their designee.
2)
There is reason to believe that a violation of an existing Department rule may
have occurred, OIG shall notify the Authorized Representative of the Community
Agency or their designee and the appropriate Department
division.