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1 | | AN ACT concerning regulation. |
2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly: |
4 | | Section 5. The Health Care Worker Background Check Act is |
5 | | amended by changing Section 15 as follows: |
6 | | (225 ILCS 46/15) |
7 | | Sec. 15. Definitions. In this Act: |
8 | | "Applicant" means an individual enrolling in a training |
9 | | program, seeking employment, whether paid or on a volunteer |
10 | | basis, with a health care employer who has received a bona fide |
11 | | conditional offer of employment. |
12 | | "Conditional offer of employment" means a bona fide offer |
13 | | of employment by a health care employer to an applicant, which |
14 | | is contingent upon the receipt of a report from the Department |
15 | | of Public Health indicating that the applicant does not have a |
16 | | record of conviction of any of the criminal offenses |
17 | | enumerated in Section 25. |
18 | | "Department" means the Department of Public Health. |
19 | | "Direct care" means the provision of nursing care or |
20 | | assistance with feeding, dressing, movement, bathing, |
21 | | toileting, or other personal needs, including home services as |
22 | | defined in the Home Health, Home Services, and Home Nursing |
23 | | Agency Licensing Act. |
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1 | | The entity responsible for inspecting and licensing, |
2 | | certifying, or registering the health care employer may, by |
3 | | administrative rule, prescribe guidelines for interpreting |
4 | | this definition with regard to the health care employers that |
5 | | it licenses. |
6 | | "Director" means the Director of Public Health. |
7 | | "Disqualifying offenses" means those offenses set forth in |
8 | | Section 25 of this Act. |
9 | | "Employee" means any individual hired, employed, or |
10 | | retained, whether paid or on a volunteer basis, to which this |
11 | | Act applies. |
12 | | "Finding" means the Department's determination of whether |
13 | | an allegation is verified and substantiated. |
14 | | "Fingerprint-based criminal history records check" means a |
15 | | livescan fingerprint-based criminal history records check |
16 | | submitted as a fee applicant inquiry in the form and manner |
17 | | prescribed by the Illinois State Police. |
18 | | "Health care employer" means: |
19 | | (1) the owner or licensee of any of the following: |
20 | | (i) a community living facility, as defined in the |
21 | | Community Living Facilities Licensing Act; |
22 | | (ii) a life care facility, as defined in the Life |
23 | | Care Facilities Act; |
24 | | (iii) a long-term care facility; |
25 | | (iv) a home health agency, home services agency, |
26 | | or home nursing agency as defined in the Home Health, |
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1 | | Home Services, and Home Nursing Agency Licensing Act; |
2 | | (v) a hospice care program or volunteer hospice |
3 | | program, as defined in the Hospice Program Licensing |
4 | | Act; |
5 | | (vi) a hospital, as defined in the Hospital |
6 | | Licensing Act; |
7 | | (vii) (blank); |
8 | | (viii) a nurse agency, as defined in the Nurse |
9 | | Agency Licensing Act; |
10 | | (ix) a respite care provider, as defined in the |
11 | | Respite Program Act; |
12 | | (ix-a) an establishment licensed under the |
13 | | Assisted Living and Shared Housing Act; |
14 | | (x) a supportive living program, as defined in the |
15 | | Illinois Public Aid Code; |
16 | | (xi) early childhood intervention programs as |
17 | | described in 59 Ill. Adm. Code 121; |
18 | | (xii) the University of Illinois Hospital, |
19 | | Chicago; |
20 | | (xiii) programs funded by the Department on Aging |
21 | | through the Community Care Program; |
22 | | (xiv) programs certified to participate in the |
23 | | Supportive Living Program authorized pursuant to |
24 | | Section 5-5.01a of the Illinois Public Aid Code; |
25 | | (xv) programs listed by the Emergency Medical |
26 | | Services (EMS) Systems Act as Freestanding Emergency |
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1 | | Centers; |
2 | | (xvi) locations licensed under the Alternative |
3 | | Health Care Delivery Act; |
4 | | (2) a day training program certified by the Department |
5 | | of Human Services; |
6 | | (3) a community integrated living arrangement operated |
7 | | by a community mental health and developmental service |
8 | | agency, as defined in the Community-Integrated Living |
9 | | Arrangements Licensure and Certification Act; |
10 | | (4) the State Long Term Care Ombudsman Program, |
11 | | including any regional long term care ombudsman programs |
12 | | under Section 4.04 of the Illinois Act on the Aging, only |
13 | | for the purpose of securing background checks; |
14 | | (5) the Department of Corrections or a third-party |
15 | | vendor employing certified nursing assistants working with |
16 | | the Department of Corrections; or |
17 | | (6) a financial management services entity contracted |
18 | | with the Department of Human Services, Division of |
19 | | Developmental Disabilities, which is not the employer of |
20 | | personal support workers but supports individuals |
21 | | receiving participant directed services, to administer the |
22 | | individuals' employer authority. A financial management |
23 | | services entity assists participants in completing |
24 | | background check requirements, collecting and processing |
25 | | time sheets for support workers, and processing payroll, |
26 | | withholding, filing, and payment of applicable federal, |
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1 | | State, and local employment-related taxes and insurance ; |
2 | | or |
3 | | (7) a Comprehensive Community Mental Health Center |
4 | | certified by the Department of Human Services . |
5 | | "Initiate" means obtaining from a student, applicant, or |
6 | | employee his or her social security number, demographics, a |
7 | | disclosure statement, and an authorization for the Department |
8 | | of Public Health or its designee to request a |
9 | | fingerprint-based criminal history records check; transmitting |
10 | | this information electronically to the Department of Public |
11 | | Health; conducting Internet searches on certain web sites, |
12 | | including without limitation the Illinois Sex Offender |
13 | | Registry, the Department of Corrections' Sex Offender Search |
14 | | Engine, the Department of Corrections' Inmate Search Engine, |
15 | | the Department of Corrections Wanted Fugitives Search Engine, |
16 | | the National Sex Offender Public Registry, and the List of |
17 | | Excluded Individuals and Entities database on the website of |
18 | | the Health and Human Services Office of Inspector General to |
19 | | determine if the applicant has been adjudicated a sex |
20 | | offender, has been a prison inmate, or has committed Medicare |
21 | | or Medicaid fraud, or conducting similar searches as defined |
22 | | by rule; and having the student, applicant, or employee's |
23 | | fingerprints collected and transmitted electronically to the |
24 | | Illinois State Police. |
25 | | "Livescan vendor" means an entity whose equipment has been |
26 | | certified by the Illinois State Police to collect an |
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1 | | individual's demographics and inkless fingerprints and, in a |
2 | | manner prescribed by the Illinois State Police and the |
3 | | Department of Public Health, electronically transmit the |
4 | | fingerprints and required data to the Illinois State Police |
5 | | and a daily file of required data to the Department of Public |
6 | | Health. The Department of Public Health shall negotiate a |
7 | | contract with one or more vendors that effectively demonstrate |
8 | | that the vendor has 2 or more years of experience transmitting |
9 | | fingerprints electronically to the Illinois State Police and |
10 | | that the vendor can successfully transmit the required data in |
11 | | a manner prescribed by the Department of Public Health. Vendor |
12 | | authorization may be further defined by administrative rule. |
13 | | "Long-term care facility" means a facility licensed by the |
14 | | State or certified under federal law as a long-term care |
15 | | facility, including without limitation facilities licensed |
16 | | under the Nursing Home Care Act, the Specialized Mental Health |
17 | | Rehabilitation Act of 2013, the ID/DD Community Care Act, or |
18 | | the MC/DD Act, a supportive living facility, an assisted |
19 | | living establishment, or a shared housing establishment or |
20 | | registered as a board and care home. |
21 | | "Resident" means a person, individual, or patient under |
22 | | the direct care of a health care employer or who has been |
23 | | provided goods or services by a health care employer. |
24 | | (Source: P.A. 102-226, eff. 7-30-21; 102-503, eff. 8-20-21; |
25 | | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-303, eff. |
26 | | 1-1-24 .) |