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. 12, March 22, 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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