Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 50 - OFFICE OF INSPECTOR GENERAL INVESTIGATIONS OF ALLEGED ABUSE, NEGLECT, OR FINANCIAL EXPLOITATION IN STATE-OPERATED FACILITIES AND COMMUNITY AGENCIES › Section 50.10 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
For the purposes of this Part, the following terms are
				defined:
"Abuse". See definitions for Physical Abuse, Sexual Abuse, and
				Mental Abuse.
"Access". Admission to a Community Agency or facility for the
				purpose of conducting imminent risk assessments, conducting investigations,
				monitoring compliance with a written response, or completing any other
				statutorily assigned duty, such as annual unannounced site visits, including
				but not limited to conducting interviews and obtaining and reviewing any
				documents or records that the Office of Inspector General (OIG) believes to be
				pertinent to an investigation.
"Act". The Department of Human Services Act [20 ILCS
				1305 ].
"Administrative Action". An action taken by the Community
				Agency or the facility in response to an OIG report, an intake referral, or the
				direction of the DHS Secretary (see
				20 ILCS
				1305/1-17(p) & (q)) that protects
				individuals from abuse, neglect, or Financial Exploitation or prevents
				recurrences of such abuse, neglect, or Financial Exploitation.
"Agency". See the definition for Community Agency.
"Aggravating Circumstance". A factor that is attendant to a
				finding and that tends to compound or increase the culpability of the accused
				employee/facility/agency.
"Allegation". An assertion, complaint, suspicion, or incident
				involving any of the following conduct by an employee, facility, or agency
				against an individual or individuals: Mental Abuse, Physical Abuse, Sexual
				Abuse, neglect, or Financial Exploitation.
"Authorized Representative". The administrative head or
				executive director of a Community Agency appointed by the Community Agency's
				governing body with overall responsibility for fiscal and programmatic
				management, or the facility director or hospital administrator of a Department
				facility. If this person is implicated in an investigation, the governing body
				of the Community Agency or the Secretary of the Department shall be deemed the
				Authorized Representative for that investigation.
"Bodily Harm". Any injury, damage, or impairment to an
				individual's physical condition, or making physical contact of an insulting or
				provoking nature with an individual.
"Community Agency" or "Agency". A Community Agency licensed,
				funded, or certified by the Department, but not licensed or certified by any
				other human services agency of the State, to provide mental health service or
				developmental disabilities service, or a program licensed, funded, or certified
				by the Department, but not licensed or certified by any other human services
				agency of the State, to provide mental health service or developmental
				disability service.
"Complainant". The person who reports a death or an allegation
				of abuse, neglect, or Financial Exploitation directly to OIG and is not the
				Required Reporter.
"Complaint". A report of a death or an allegation of abuse,
				neglect, or Financial Exploitation reported directly to the OIG Hotline.
"Completed Investigative Report". An investigative report
				approved for distribution by the Inspector General that summarizes the evidence
				obtained during the course of the investigation and that indicates whether the
				allegation of abuse, neglect, or Financial Exploitation is substantiated,
				unsubstantiated, or unfounded.
"Credible Evidence". Any evidence that relates to the
				allegation or incident and that is considered believable and reliable.
"Day". Working day, unless otherwise specified.
"Deflection". A situation in which an individual is presented
				for admission to a facility or agency and the facility staff or agency staff do
				not admit that individual. Deflection includes triage, redirection, and denial
				of admission.
"Department". The Department of Human Services.
"Egregious Neglect". A finding of neglect as determined by the
				Inspector General that represents a gross failure to adequately provide for, or
				a callous indifference to, the health, safety, or medical needs of an
				individual and results in an individual's death or other serious deterioration
				of an individual's physical condition or mental condition. See also "Neglect"
				definition.
"Employee". Any person who provides services at the facility or
				the Community Agency on or off site. The service relationship can be with the
				individual, the facility or agency. Also, "employee" includes any employee or
				contractual agent of the Department of Human Services or the Community Agency
				involved in providing or monitoring or administering mental health or
				developmental disability services. This includes but is not limited to owners,
				operators, payroll personnel, contractors, subcontractors, and volunteers. For
				purposes of this Part, employee also includes someone who is no longer working
				for an agency or facility but is the subject of an ongoing investigation for
				which OIG has jurisdiction.
"Facility" or "State-operated facility". A mental health
				facility or developmental disabilities center operated by the
				Department.
"Final Investigative report". The version of the investigative
				report that is in place after the reconsideration and response period has
				ended.
"Financial Exploitation". Taking unjust advantage of an
				individual's assets, property or financial resources through deception,
				intimidation or conversion for the employee's, facility's or agency's own
				advantage or benefit.
"Finding". The Office of Inspector General's determination
				regarding whether an allegation is substantiated, unsubstantiated or
				unfounded.
"Health Care Worker Registry" or "Registry". The Illinois
				Department of Public Health's Health Care Worker Registry created by the
				Nursing Home Care Act [210 ILCS 45 ].
"IDPH". The Illinois Department of Public Health.
"Imminent Danger". A preliminary determination of immediate,
				threatened, or impending risk of illness, mental injury, or physical injury or
				deterioration to an individual's health that requires immediate action.
"Individual". Any person receiving mental health services,
				developmental disabilities services, or both from a facility or agency, while
				either on-site or off-site.
"Insulting or provoking". Contact that offends a reasonable
				sense of personal dignity.
"Mental Abuse". The use of demeaning, intimidating or
				threatening words, signs, gestures, or other actions by an employee about an
				individual and in the presence of an individual or individuals that results in
				emotional distress or maladaptive behavior, or could have resulted in emotional
				distress or maladaptive behavior, for any individual present.
"Mitigating Circumstance". A condition that is attendant to a
				finding and does not excuse or justify the conduct in question but may be
				considered in evaluating the severity of the conduct, the culpability of the
				accused, or both the severity of the conduct and the culpability of the accused
				employee/facility/agency.
"Neglect". An employee's, agency's, or facility's failure to
				provide adequate medical care, personal care, or maintenance, and that, as a
				consequence, causes an individual pain, injury, or emotional distress, results
				in either an individual's maladaptive behavior or the deterioration of an
				individual's physical condition or mental condition, or places an individual's
				health or safety at substantial risk of possible injury, harm, or death. See
				also "Egregious Neglect" definition.
"Non-accidental". Occurring with volition or consciousness; not
				occurring by chance.
"OIG". The Office of Inspector General of the
				Department.
"OIG Liaison". The Community Agency or facility staff who has
				been appointed to act as OIG's investigative point of contact and who is
				responsible for coordinating the agency's or facility's initial incident
				response (see 59 Ill. Adm. Code
				50.30(f)).
"Physical Abuse". An employee's non-accidental and
				inappropriate contact with an individual that causes Bodily Harm. "Physical
				Abuse" includes actions that cause Bodily Harm as a result of an
				employee/facility/agency directing an individual or person to physically abuse
				another individual.
"Preponderance of the Evidence". Proof sufficient to persuade
				the finder of fact that a fact sought to be proved is more likely true than not
				true.
"Program". Any DHS-licensed, DHS-funded, or DHS-certified
				service provided to persons with either mental illness or developmental
				disabilities by a Community Agency or by a State-operated facility. Program
				includes, but is not limited to, day training, employment and workshop
				opportunities, and transportation services.
"Recommendation". An admonition rendered by OIG, separate from
				a finding, that requires action by the facility, agency, or Department to
				correct a systemic issue, problem, or deficiency identified during an
				investigation.
"Referral". OIG directing an OIG-received complaint to another
				entity for possible investigation or Administrative Action.
"Required Reporter". Any employee/facility/agency who suspects,
				witnesses, or is informed of an allegation of any one or more of the following:
				Mental Abuse, Physical Abuse, Sexual Abuse, neglect, or Financial
				Exploitation.
"Routine Programmatic Operations". Refers to services provided
				as part of the individual's habilitation plan, treatment plan or as a regular
				or ongoing component of the Community Agency's or facility's general services
				or practices.
"Secretary". The leader of the Department.
"Sexual Abuse". Any Sexual Contact or intimate physical contact
				between an employee and an individual, including an employee's coercion or
				encouragement of an individual to engage in sexual behavior that results in
				Sexual Contact, intimate physical contact, sexual behavior, or intimate
				physical behavior. Sexual Abuse also includes:
an employee's actions that result in the sending or showing of
				Sexually Explicit Images to an individual via computer, cellular phone,
				electronic mail, portable electronic device, or other media, with or without
				contact with the individual; or
an employee's posting of Sexually Explicit Images of an
				individual online or elsewhere, whether or not there is contact with the
				individual. Sexual Abuse does not include allowing individuals to, of their
				volition, view movies or images of a sexual nature or read text containing
				sexual content unless the individual's guardian prohibits the viewing of those
				movies or images or reading of that material.
"Sexual Contact". Inappropriate Sexual Contact between an
				employee and an individual involving either an employee's genital area, anus,
				buttocks, or breasts or an individual's genital area, anus, buttocks, or
				breasts. Sexual Contact also includes Sexual Contact between individuals that
				is coerced or encouraged by an employee.
"Sexually Explicit Images". Includes, but is not limited to,
				any material that depicts nudity, sexual conduct, or sadomasochistic abuse, or
				that contains explicit and detailed verbal descriptions or narrative accounts
				of sexual excitement, sexual conduct, or sadomasochistic abuse. This does not
				include those images contained in sex education materials used by employees to
				educate individuals.
"Substantiated". A Preponderance of the Evidence supports the
				allegation.
"Unfounded". No Credible Evidence supports the
				allegation.
"Unsubstantiated". There is Credible Evidence, but less than a
				Preponderance of the Evidence, to support the allegation.
"Victim". An individual who has been subjected to alleged
				abuse, neglect, or Financial Exploitation.