Ill. Admin. Code tit. 59, § 50.70 - Completed Investigations
a)
OIG's investigation shall be considered final 30 calendar days after OIG
provides notice to the facility or agency as required in Section
50.60(a)(3)(A),
except where OIG has granted a request for clarification or
reconsideration.
b) Distribution of
Completed Investigative Reports
1)
Within 10 calendar days after the transmittal of
a Completed Investigative Report substantiating an allegation,
finding an allegation is unsubstantiated, or if a recommendation is
made, OIG shall provide the investigative report to the
Secretary and to the director of the facility or agency where the abuse,
neglect or Financial Exploitation occurred. The director of
the facility or agency shall be responsible for maintaining the confidentiality
of the investigative report consistent with State and federal law.
(Section 1-17(m) of the Act)
2) OIG
shall provide copies of all Completed Investigative Reports within 10 calendar
days to the federally-mandated Protection and Advocacy System for the State of
Illinois, and the Illinois Guardianship and Advocacy Commission.
3) OIG shall provide a Completed
Investigative Report of all substantiated cases from Department facilities
serving individuals with developmental disabilities within 10 calendar days to
IDPH and the Department's Division of Developmental Disabilities.
4) OIG shall provide a Completed
Investigative Report of all substantiated cases from Department facilities
serving individuals with mental illness within 10 calendar days to the
Department's Division of Mental Health.
5) If OIG substantiates abuse, neglect, or
Financial Exploitation at a Community Agency serving individuals with
developmental disabilities or recommends Administrative Action, the Completed
Investigative Report shall be provided to the Department's Division of
Developmental Disabilities within 10 calendar days.
6) If OIG substantiates abuse, neglect, or
Financial Exploitation at a Community Agency serving individuals with mental
illness or recommends Administrative Action, the Completed Investigative Report
shall be provided to the Department's Division of Mental Health within 10
calendar days.
7) OIG shall provide
a Completed Investigative Report of all cases of abuse, neglect, or Financial
Exploitation in community agencies within 10 calendar days after closure to the
Department's Bureau of Accreditation, Licensure and Certification.
8) OIG shall provide a Completed
Investigative Report in all cases substantiating abuse, neglect, or Financial
Exploitation against a Department employee within 10 calendar days to the
Department's Bureau of Labor Relations.
9) OIG shall provide a Completed
Investigative Report substantiating abuse, neglect, or Financial Exploitation
within 10 calendar days to the Department's Office of General
Counsel.
10) When an accused
employee in a substantiated case is licensed by the Department of Financial and
Professional Regulation, OIG shall provide a copy of the Completed
Investigative Report to that agency.
c) OIG shall inform the accused employee of
the results of a reconsideration or clarification request or of any changes in
the finding that resulted from such a request within 15 calendar
days.
d) If the finding
substantiates Physical Abuse, Sexual Abuse, Egregious Neglect, or Financial
Exploitation, OIG shall report the identity of the accused employee and its
finding to IDPH's Registry. OIG shall notify the accused employee of the right
to appeal the action that will report OIG's finding to the Registry as
described in Section 50.90.
e) Release of Investigative Reports
1)
All investigative reports prepared
by OIG shall be considered confidential and shall not be
released except as provided by the law of this State or as required under
applicable federal law. (Section 1-17(m) of the Act)
2) Substantiated findings shall be released
in accordance with the Act, the Mental Health and Developmental Disabilities
Confidentiality Act [740 ILCS 110 ] and the Freedom
of Information Act [5 ILCS 140 ].
3)
Unsubstantiated and unfounded
investigative reports shall not be disclosed except as allowed pursuant to
Section 6 of the Abused and Neglected Long Term Care Facility Residents
Reporting Act [210 ILCS 30 ]
or pursuant to a valid court order. (Section
1-17(m) of the Act)
4) The identity
of any person as a complainant shall remain confidential in accordance with the
Freedom of Information Act [5 ILCS 140 ], or unless
authorized by the complainant in writing. The identity of a Required Reporter
shall only remain confidential under certain circumstances as determined by OIG
on a case-by-case basis.
f) Release of Unredacted Investigative
Reports and Raw Data
Unredacted investigative reports, as well as raw data, may be shared, upon written request, with local law enforcement, state's attorney's offices, and coroner's offices. [20 ILCS 1305/1-17(m) ]
g) Recommendations for Sanctions
1) The Inspector General may recommend to the
Secretary of the Department of Human Services that sanctions be imposed against
facilities or community agencies to protect residents, including:
A)
appointment of on-site
monitors or receivers;
B)
transfer or relocation of an individual or
individuals;
C)
closure of units; and
D)
termination of any one or more of
the following:
i)
Department
licensing;
ii) Department
funding; or
iii)
Department certification.
2)
The Inspector General may seek the
assistance of the Attorney General of Illinois or the State's Attorney
for imposing sanctions listed in subsection (g)(1). [20 ILCS
1305/1-17(r) ]
Notes
Amended at 34 Ill. Reg. 5239, effective March 25, 2010
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