SB3661 EngrossedLRB103 38680 RTM 68817 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Health Care Worker Background Check Act is
5amended 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
9program, seeking employment, whether paid or on a volunteer
10basis, with a health care employer who has received a bona fide
11conditional offer of employment.
12    "Conditional offer of employment" means a bona fide offer
13of employment by a health care employer to an applicant, which
14is contingent upon the receipt of a report from the Department
15of Public Health indicating that the applicant does not have a
16record of conviction of any of the criminal offenses
17enumerated in Section 25.
18    "Department" means the Department of Public Health.
19    "Direct care" means the provision of nursing care or
20assistance with feeding, dressing, movement, bathing,
21toileting, or other personal needs, including home services as
22defined in the Home Health, Home Services, and Home Nursing
23Agency Licensing Act.

 

 

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1    The entity responsible for inspecting and licensing,
2certifying, or registering the health care employer may, by
3administrative rule, prescribe guidelines for interpreting
4this definition with regard to the health care employers that
5it licenses.
6    "Director" means the Director of Public Health.
7    "Disqualifying offenses" means those offenses set forth in
8Section 25 of this Act.
9    "Employee" means any individual hired, employed, or
10retained, whether paid or on a volunteer basis, to which this
11Act applies.
12    "Finding" means the Department's determination of whether
13an allegation is verified and substantiated.
14    "Fingerprint-based criminal history records check" means a
15livescan fingerprint-based criminal history records check
16submitted as a fee applicant inquiry in the form and manner
17prescribed 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
6employee his or her social security number, demographics, a
7disclosure statement, and an authorization for the Department
8of Public Health or its designee to request a
9fingerprint-based criminal history records check; transmitting
10this information electronically to the Department of Public
11Health; conducting Internet searches on certain web sites,
12including without limitation the Illinois Sex Offender
13Registry, the Department of Corrections' Sex Offender Search
14Engine, the Department of Corrections' Inmate Search Engine,
15the Department of Corrections Wanted Fugitives Search Engine,
16the National Sex Offender Public Registry, and the List of
17Excluded Individuals and Entities database on the website of
18the Health and Human Services Office of Inspector General to
19determine if the applicant has been adjudicated a sex
20offender, has been a prison inmate, or has committed Medicare
21or Medicaid fraud, or conducting similar searches as defined
22by rule; and having the student, applicant, or employee's
23fingerprints collected and transmitted electronically to the
24Illinois State Police.
25    "Livescan vendor" means an entity whose equipment has been
26certified by the Illinois State Police to collect an

 

 

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1individual's demographics and inkless fingerprints and, in a
2manner prescribed by the Illinois State Police and the
3Department of Public Health, electronically transmit the
4fingerprints and required data to the Illinois State Police
5and a daily file of required data to the Department of Public
6Health. The Department of Public Health shall negotiate a
7contract with one or more vendors that effectively demonstrate
8that the vendor has 2 or more years of experience transmitting
9fingerprints electronically to the Illinois State Police and
10that the vendor can successfully transmit the required data in
11a manner prescribed by the Department of Public Health. Vendor
12authorization may be further defined by administrative rule.
13    "Long-term care facility" means a facility licensed by the
14State or certified under federal law as a long-term care
15facility, including without limitation facilities licensed
16under the Nursing Home Care Act, the Specialized Mental Health
17Rehabilitation Act of 2013, the ID/DD Community Care Act, or
18the MC/DD Act, a supportive living facility, an assisted
19living establishment, or a shared housing establishment or
20registered as a board and care home.
21    "Resident" means a person, individual, or patient under
22the direct care of a health care employer or who has been
23provided goods or services by a health care employer.
24(Source: P.A. 102-226, eff. 7-30-21; 102-503, eff. 8-20-21;
25102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-303, eff.
261-1-24.)