225 ILCS 46/27

(225 ILCS 46/27)

Sec. 27. Notice and hearing prior to designation on Health Care Worker Registry for offense.

(a) If the Department finds that an employee or former employee has abused or neglected a resident or misappropriated property of a resident, then the Department shall notify the employee or individual of this finding by certified mail sent to the address contained in the Health Care Worker Registry. The notice shall give the employee or individual an opportunity to contest the finding in a hearing before the Department or to submit a written response to the findings in lieu of requesting a hearing. As used in this subsection, "abuse" and "neglect" shall have the meanings provided in the Nursing Home Care Act, except that the term "resident" as used in those definitions shall have the meaning provided in this Act. As used in this subsection, "misappropriate property of a resident" shall have the meaning provided to "misappropriation of a resident's property" in the Nursing Home Care Act, except that the term "resident" as used in that definition shall have the meaning provided in this Act.

(b) The Department shall have the authority to hold hearings to be conducted by the Director, or by an individual designated by the Director as hearing officer to conduct the hearing. On the basis of a hearing, or upon default of the employee, the Director shall make a determination specifying his or her findings and conclusions. A copy of the determination shall be sent by certified mail, return receipt requested, or served personally upon the employee to the address last provided by the employee to the Department.

(c) The procedure governing hearings authorized by this Section shall be in accordance with rules adopted by the Department. A full and complete record shall be kept of all proceedings, including the notice of hearing, and all other documents in the nature of pleadings, written motions filed in the proceedings, and the report and orders of the Director or the Director's designee. All testimony shall be reported but need not be transcribed unless the decision is sought to be reviewed under the Administrative Review Law. A copy or copies of the transcript and record of the proceedings may be obtained by any interested party subsequent to payment to the Department of the cost of preparing the copy or copies. All final administrative decisions of the Department under this Act are subject to judicial review under the Administrative Review Law and the rules adopted pursuant thereto. For purposes of this subsection, "administrative decision" has the meaning provided in Section 3-101 of the Code of Civil Procedure.

(d) The Department may issue subpoenas requiring the attendance and the giving of testimony by witnesses, and subpoenas duces tecum requiring the production of books, papers, records, or memoranda. All subpoenas and subpoenas duces tecum issued under this Act may be served by mail or by any person of legal age. The fees of witnesses for attendance and travel shall be the same as the fees of witnesses before the courts of this State. The fees shall be paid when the witness is excused from further attendance. When the witness is subpoenaed at the instance of the Department, the fees shall be paid in the same manner as other expenses of the Department, and when the witness is subpoenaed at the instance of any other party to any such proceeding, the Department may require that the cost of service of the subpoena or subpoena duces tecum and the fee of the witness be borne by the party at whose instance the witness is summoned. A subpoena or subpoena duces tecum issued pursuant to this Section shall be served in the same manner as a subpoena issued by a circuit court.

(e) If, after a hearing or if the employee, or former employee, does not request a hearing, the Department finds that the employee, or former employee, abused a resident, neglected a resident, or misappropriated resident property or makes any other applicable finding as set forth by rule, the finding shall be included as part of the Health Care Worker Registry as well as a clear and accurate summary from the employee, if he or she chooses to make a statement.

(f) The Department shall make the following information in the Health Care Worker Registry available to the public: an individual's full name; the date an individual successfully completed a nurse aide training or competency evaluation; and whether the Department has made a finding that an employee, or former employee, has been guilty of abuse or neglect of a resident or misappropriation of resident property or has made any other applicable finding as set forth by rule. In the case of inquiries to the Health Care Worker Registry concerning an employee, or former employee, listed in the Health Care Worker Registry, any information disclosed concerning a finding shall also include disclosure of the employee's, or former employee's, statement in the Health Care Worker Registry relating to the finding or a clear and accurate summary of the statement.

(g) The Department shall add to the Health Care Worker Registry records of findings as reported by the Inspector General or remove from the Health Care Worker Registry records of findings as reported by the Department of Human Services, under subsection (s) of Section 1-17 of the Department of Human Services Act.

(Source: P.A. 100-432, eff. 8-25-17.)