Section 50.70  Completed investigations

a)         The investigative report and the investigation shall be considered complete 30 calendar days after the notice required in Section 50.60(a)(5)(A) and (B) has been sent to the facility or agency, barring cases when reconsideration has been granted to any requestor.

b)         Distribution of completed investigative reports

1)         The Inspector General shall provide a complete investigative report within 10 calendar days, to the Secretary, when abuse or neglect is substantiated or administrative action is recommended including a written response from a community agency or facility if one has been provided.  (Section 1-17(c) of the Act)

2)         The Inspector General shall provide a completed investigative report within 10 calendar days to Equip for Equality, Inc., and the Illinois Guardianship and Advocacy Commission.

3)         The Inspector General shall provide a completed investigative report of all cases from Department facilities serving individuals with developmental disabilities within 10 calendar days to the Illinois Department of Public Health and the Department's Office of Developmental Disabilities.

4)         The Inspector General shall provide a completed investigative report of all cases from Department facilities serving individuals with mental illness within 10 calendar days to the Department's Office of Mental Health.

5)         If the Inspector General substantiates abuse or neglect at a community agency serving individuals with developmental disabilities or recommends administrative action, the investigative report shall be provided to the Department's Office of Developmental Disabilities within 10 calendar days.

6)         If the Inspector General substantiates abuse or neglect at a community agency serving individuals with mental illness or recommends administrative action, the investigative report shall be provided to the Department's Office of Mental Health within 10 calendar days.

7)         The Inspector General shall provide a completed investigative report of all cases substantiating abuse or neglect or recommending administrative action in community agencies within 10 calendar days to the Department's Bureau of Accreditation, Licensure and Certification.

8)         The Inspector General shall provide a completed investigative report in all cases substantiating abuse or neglect against a Department employee within 10 calendar days to the Department's Bureau of Labor Relations.

9)         The Inspector General shall provide a completed investigative report substantiating abuse or neglect if a legal issue is involved within 10 calendar days to the Department's General Counsel.

c)         The facility or agency shall inform the victim and the legal guardian (if applicable) and the accused employee whether the reported allegation was substantiated, unsubstantiated or unfounded.  If the authorized representative or designee is unable to reach the guardian by phone, a letter of notification shall be sent within 24 hours.

d)         The Office of the Inspector General shall inform the accused employee of the results of a reconsideration request or of any changes in the finding that resulted from a reconsideration within 15 days.

e)         If the finding substantiates abuse other than mental injury or results in a substantiated finding of neglect that has been determined to be egregious, the Inspector General shall report the identity and finding to the Health Care Worker Registry.  The Inspector General shall notify the accused employee of the right to appeal the action that placed his or her identity on the Health Care Worker Registry as described in Section 50.90 of this Part.

f)          The Inspector General shall inform any person or a community agency who is subject to any action based on the findings of an investigation of their applicable appeal rights and responsibilities contained in Section 50.80 of this Part.

g)         Release of investigative reports

1)         Any allegations or investigations of reports of abuse and neglect shall remain confidential until a final report is completed.  (Section 1-17(a) 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 or unfounded findings shall remain confidential except that investigative reports shall be released pursuant to Section 6 of the Abused and Neglected Long Term Care Facility Residents Reporting Act [210 ILCS 30] or a valid court order. (Section 1-17(a) 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.

h)         Recommendations for sanctions

1)         The Inspector General may recommend to the Illinois Department of Public Health and the Department of Human Services that sanctions be imposed against mental health and developmental disabilities facilities to protect residents, including:

A)        appointment of on-site monitors or receivers;

B)        transfer or relocation of residents; and

C)        closure of units.

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 (h)(1).

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