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 50.20 - Reporting an Allegation of Abuse, Neglect, or Financial Exploitation and Death Reports

Current through Register Vol. 48, No. 28, July 12, 2024
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
ii) State
			 Operations Manual Appendix J - Guidance to Surveyors: Intermediate Care
			 Facilities for Individuals with Intellectual Disabilities, available at
https://www.cms.gov/Medicare/Provider-Enrollment-and-Certification/SurveyCertificationGenInfo/Policy-and-Memos-to-States-and-Regions-Items/Qso18-16-ICFIID
.
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)
			 ).