Section 400.100  Definitions

 

"Abuse" means any physical injury, sexual abuse or mental injury inflicted on a resident other than by accidental means. (Section 3(d) of the Act)

 

"Act" means The Abused and Neglected Long Term Care Facility Residents Reporting Act (Ill. Rev. Stat. 1989, ch. 111½, pars. 4161 et seq.).

 

"Complaint" means any report describing a problem with the care and treatment of a resident or with the general quality of care in a long-term care facility licensed by the Department that violates the requirements of 77 Ill. Adm. Code 300, 330, 350, 370, or 390. A complaint may be submitted by means of a telephone call, letter, or office visit.

 

"Department" means the Illinois Department of Public Health.

 

"Immediate" or "Immediately" means within twenty-four hours.

 

"Long Term Care Facility" means the same meaning as in the Nursing Home Care Act (Ill. Rev. Stat. 1989, ch. 111½, pars. 4151-101 et seq.) except that the term shall include any mental health facility or developmental disability facility as defined in the Mental Health and Developmental Disabilities Code (Ill. Rev. Stat. 1989, ch. 91½, pars. 1-100 et seq.). (Section 3(c) of the Act)

 

"Neglect" means a failure in a long term care facility to provide adequate medical or personal care or maintenance, which failure results in physical or mental injury to a resident or in the deterioration of a resident's physical or mental condition. (Section 3(e) of the Act)

 

"Resident" means a person residing in and receiving personal care from a long term care facility, or residing in a mental health facility or developmental disability facility as defined in the Mental Health and Developmental Disabilities Code. (Section 3(b) of the Act)

 

Section 400.110  General Requirements

 

a)         There shall be a central register of all cases of suspected long term care facility resident abuse or neglect reported and maintained by the Department under the Act.  Through the recording of initial, preliminary, progress, and final reports, the central register shall be operated in such a manner as to enable the Department to:

 

1)         Immediately identify and locate prior reports or cases of abuse or neglect;

 

2)         Continuously monitor the current status of all cases of abuse or neglect being provided services under the Act; and

 

3)         Regularly evaluate the effectiveness of existing laws and programs through the development and analysis of statistical and other information. (Section 14 of the Act)

 

b)         There shall be a single statewide, toll-free telephone number established and maintained by the Department which all persons, whether or not mandated by law, may use to report suspected long term care facility resident abuse or neglect at any hour of the day or night, on any day of the week. Any other person may use the statewide number to obtain assistance or information concerning the handling of long term care facility resident abuse and neglect cases. (Section 13 of the Act). The Central Complaint Registry operates a toll-free statewide telephone line, twenty-four hours a day. Calls are received Monday through Friday, 8:00 a.m. to 5:30 p.m., at the Department's offices at 525 W. Jefferson, Springfield, Illinois 62761. Coverage of the Central Complaint Registry continues after 5:30 p.m. and weekends and holidays by Central Complaint Registry staff, who are contacted at private telephones by an answering service.

 

Section 400.120  Complaint

 

a)         All complaint investigations shall be initiated within 30 days of the receipt of the complaint by the Central Complaint Registry. The Department shall initiate an investigation of each report of resident abuse and neglect, whether oral or written, as provided for in Section 3-702 of the Nursing Home Care Act, except that reports of abuse or neglect which indicate that a resident's life or safety is in imminent danger shall be investigated within 24 hours of such report. (Section 6 of the Act)

 

b)         Abuse or Neglect

            All persons required by Section 4 of the Act, including facility employees, shall notify the Central Complaint Registry when abuse or neglect of a resident is suspected. Criteria to be used in determining whether abuse or neglect is suspected include, but are not limited to:

 

1)         Direct observation of abuse or neglect, such as;

 

A)        Physical abuse, which may include but is not limited to hitting, kicking, pinching, choking, shoving, pushing, biting, slapping, punching, striking with an object, burning, or cutting of a resident;

 

B)        Sexual abuse, which may include but is not limited to any sexual penetration or sexual conduct;

 

C)        Verbal or psychological abuse, which may include but is not limited to the use of words, signs, or gestures to intimidate, demean, curse, harass, cause emotional anguish or distress, ridicule, or threaten harm to the resident, or words, signs or gestures or actions that the person knows for that particular resident will or are likely to precipitate maladaptive or regressive behavior by that resident;

 

D)        Neglect (as defined in Section 400.100), which may include but is not limited to:

 

i)          The failure to carry out required clinical or habilitation services as directed or ordered by a physician or other authorized personnel;

 

ii)         The failure to provide for the resident's personal hygiene needs or the withholding of food, fluids, clothing, or prosthetic devices or other personal care items that the resident uses or needs unless ordered by a physician or other authorized personnel and documented in the resident's record;

 

iii)        The failure to provide or ensure medical attention for physical injuries to a resident or residents.

 

2)         Evidence of abuse or neglect, such as a pattern or trend of unexplained injuries such as cuts, bruises, scratches, fractures, bleeding, or burns.

 

c)         Emergency Situations

When the allegations are of an emergency nature, the Department will evaluate the facts and determine an investigation schedule pursuant to Section 3-702 of the Nursing Home Care Act. Examples of emergency situations include, but are not limited to:

 

1)         Hazardous environmental conditions, such as heating and cooling problems, fire safety issues, and chemical fumes;

 

2)         Missing persons;

 

3)         Life-threatening communicable diseases, such as hepatitis, influenza, and symptoms of food-borne illness;

 

4)         Threats of suicide on which the facility has not taken action.

 

d)         The caller will be interviewed to assess the nature of the call and to determine whether the caller wishes to file a complaint. The Department will determine whether the facility in question is licensed by the Department and confirm the name and address of the facility. Specific information concerning the allegations will be requested by questions, including but not limited to the following:

 

1)         Date and time or shift of the incident;

 

2)         Name(s) and location of the resident(s), staff, family and visitors involved;

 

3)         Relationship of the caller to the resident or facility;

 

4)         Condition and status of the resident;

 

5)         Details of the situation.

 

e)         The caller will be questioned concerning whether he wishes to provide his name. The Department will respect the confidentiality of the caller.

 

f)         Because of the confidentiality of complaints, information concerning complaints will be provided only upon written request pursuant to the Freedom of Information Act (Ill. Rev. Stat. 1989, ch. 116, pars. 201 et seq.) and the Department's rules implementing the Freedom of Information Act (2 Ill. Adm. Code 1126).

 

g)         Information about the complaint, including date and time of complaint, caller's name, name and license number of the facility and the specific allegations registered, is maintained by the Department.

 

h)         The complaint report is prepared using the information gathered from the interview.

 

Section 400.130  Complaint Withdrawal

 

A request to withdraw a complaint may be made to the Central Complaint Registry in writing or by telephone. The original caller or agency must make the request.

 

a)         The name, address, telephone number and relationship of the caller will be verified.

 

b)         The identity of the reported facility will be determined, as well as the date and approximate time of the call.

 

c)         All residents involved and the allegations made will be identified.

 

d)         The reason for the request to withdraw the complaint will be requested.