Section 50.40  Method of investigation

a)         Determination of primary responsibility for investigation

1)         The Office of Inspector General shall determine whether OIG, or the community agency with OIG's investigative protocol, or the facility shall take primary responsibility for investigating the allegation.  This determination shall be based on the nature of the allegation, frequency of  allegations and complaints of a comparable type and knowledge of the facility or agency.

2)         OIG shall determine who shall assume primary responsibility for the investigation within one day after receipt of an allegation.

3)         OIG shall notify the authorized representative, the alleged victim or guardian (if applicable) and the accused in writing when an investigation will be opened and to whom the primary responsibility for the investigation will be assigned.

4)         OIG shall assume primary responsibility for investigating the following allegations of abuse or neglect:

A)        Allegations of abuse by an employee other than mental injury;

B)        Allegations of neglect by an employee or of neglect with an injury requiring medical treatment by a physician.

5)         For any other allegation, OIG may designate primary responsibility for the investigation to the community agency using the OIG investigative protocol or to the facility. If at any time during the course of the investigation, the  community agency requests that OIG assume primary responsibility for the investigation, OIG shall do so.

6)         When OIG designates primary responsibility for the investigation to another entity (community agency or facility), OIG will provide investigative guidance and be available for assistance and shall retain the right to assume primary responsibility for the investigation.

7)         If an investigation results in a substantiated finding of abuse other than mental injury or results in a substantiated finding of neglect that has been determined to be egregious neglect, it shall result in the accused employee's identity and the OIG finding being reported to the Health Care Worker Registry in accordance with Section 50.90.

b)         OIG investigations may include, but are not limited to, site visits, telephone contacts, requests for written statements and responses from the community agency or the facility.

c)         Nothing in this Part precludes a community agency or facility from taking immediate action that may include protecting the individuals from danger or harm, notifying appropriate law enforcement officials, or taking any other administrative action deemed necessary by the community agency or facility, unless otherwise directed by OIG.  However, the community agency or facility should request approval from OIG prior to conducting its own investigation and before attempting to gather information related to the investigation.

(Source:  Amended at 32 Ill. Reg. 8132, effective May 16, 2008)