Section 350.3240  Abuse and Neglect

a)         An owner, licensee, administrator, employee or agent of a facility shall not abuse or neglect a resident.  It is the duty of any facility employee or agent who becomes aware of such abuse or neglect to report it as provided in the Abused and Neglected Long Term Care Facility Residents Reporting Act.  (Section 2-107 of the Act)

b)         A facility employee or agent who becomes aware of abuse or neglect of a resident prohibited by Section 2-107 of the Act shall immediately report the matter to the Department and to the facility administrator.  (Section 3-610(a) of the Act)

c)         A facility administrator who becomes aware of abuse or neglect of a resident prohibited by Section 2-107 of the Act shall immediately report the matter by telephone and in writing to the resident's representative, and to the Department. (Section 3-610(a) of the Act)

d)         Any person may report a violation of Section 2-107 of the Act to the Department. (Section 3-610(a) of the Act)

e)         Employee as perpetrator of abuse.  When an investigation of a report of suspected abuse of a resident indicates, based upon credible evidence, that an employee of a long-term care facility is the perpetrator of the abuse, that employee shall immediately be barred from any further contact with residents of the facility, pending the outcome of any further investigation, prosecution or disciplinary action against the employee. (Section 3-611 of the Act)

f)         Resident as perpetrator of abuse.  When an investigation of a report of suspected abuse of a resident indicates, based upon credible evidence, that another resident of the long-term care facility is the perpetrator of the abuse, that resident's condition shall be immediately evaluated to determine the most suitable therapy and placement for the resident, considering the safety of that resident as well as the safety of other residents and employees of the facility.  (Section 3-612 of the Act)

(Source:  Amended at 46 Ill. Reg. 10519, effective June 2, 2022)