Illinois Administrative Code
Title 89 - SOCIAL SERVICES
Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES
Subpart E - ADULT PROTECTIVE SERVICE REGISTRY
Section 270.408 - Notice to the Caregiver's Employer
Universal Citation: 89 IL Admin Code ยง 270.408
Current through Register Vol. 48, No. 38, September 20, 2024
a) Imminent Risk
1) If there is an imminent risk
of danger to a participant or an imminent risk of misuse of his or her
personal, medical or financial information, the APS provider agency will notify
the Department within 24 hours that there is a verified and substantiated
finding of abuse, neglect or financial exploitation against the caregiver. The
Department will use reasonable efforts to promptly notify the direct care
agency employing the caregiver of the finding. The direct care agency shall
immediately bar the caregiver from providing direct care to any participants
pending the outcome of any challenge, review, appeal, criminal prosecution, or
other type of collateral action.
2)
The bar to providing direct care to a participant is not a basis for appeal to
the Department.
3) The Department
will use reasonable efforts to promptly notify the employer if a determination
is made on appeal that the caregiver's identity will not be placed on the
Registry.
b) Final Administrative Decision
Within 45 calendar days after a final administrative decision on appeal under this Subpart, the Department will notify the employer of the caregiver's placement on the Registry. The employer cannot thereafter retain, hire, compensate either directly or on behalf of a participant, or utilize the services of a caregiver in a position that involves direct care if that individual has been placed on the Registry.
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