Bill Status of HB 2531   94th General Assembly

Short Description:  HEALTH WRKR-LONG TERM CARE EMP

House Sponsors
Rep. Kevin Joyce-Jack McGuire-Patrick J Verschoore-Mike Boland-John D'Amico, Eddie Washington, Michael K. Smith, Thomas Holbrook, Jack D. Franks, Linda Chapa LaVia, Michelle Chavez, Charles E. Jefferson, Maria Antonia Berrios and David E. Miller

Senate Sponsors
(Sen. Edward D. Maloney-M. Maggie Crotty-Kwame Raoul-Susan Garrett, Jacqueline Y. Collins, Iris Y. Martinez, Martin A. Sandoval and George P. Shadid)


Last Action  View All Actions

DateChamber Action
  8/23/2005HousePublic Act . . . . . . . . . 94-0665

Statutes Amended In Order of Appearance
225 ILCS 46/5
225 ILCS 46/10
225 ILCS 46/15
225 ILCS 46/25
225 ILCS 46/30
225 ILCS 46/40

Synopsis As Introduced
Amends the Health Care Worker Background Check Act to include all employees of licensed and certified long-term care facilities who have or may have contact with residents or have access to the living quarters or the financial, medical, or personal records of residents. Provides that beginning January 1, 2006, each long-term care facility operating in the State must initiate, or have initiated on its behalf, a UCIA criminal history record check for all employees with duties that involve or may involve contact with residents or access to the living quarters or the financial, medical, or personal records of residents. Provides that a health care employer may conditionally employ an applicant for up to 3 months pending the results of a UCIA criminal history record check (now, a health care employer may conditionally employ the applicant to provide direct care for up to 3 months pending the results of the check). Provides that an individual shall not be employed from the time that an employer receives the results of a non-fingerprint check containing disqualifying conditions until the time that the individual receives a waiver from the Department (now, an individual shall not be employed in a direct care position from that time until he or she receives the waiver). Provides that if the individual challenges the results of the non-fingerprint check, the employer may continue to employ the individual if the individual presents convincing evidence to the employer that the non-fingerprint check is invalid (now, the employer may continue to employ the individual in a direct care position if the individual presents convincing evidence that the non-fingerprint check is invalid).

House Amendment No. 1
Provides that in addition to a facility licensed by the State or certified under federal law as a long-term care facility, "long-term care facility" also means a facility licensed by the State or certified under federal law as a supportive living facility, an assisted living establishment, or a shared housing establishment or registered as a board and care home.

Senate Committee Amendment No. 2 (Senate recedes May 29, 2005)
Provides that "selected health care employer" means certain facilities, agencies, programs, or arrangements selected to participate in the Centers for Medicare and Medicaid Services (CMMS) grant (instead of certain facilities, agencies, programs, or arrangements that are located in counties selected to participate in the CMMS grant). Provides that the Department of State Police shall forward applicant fingerprints to the Federal Bureau of Investigation for a national criminal history records check.

Senate Committee Amendment No. 3
Adds reference to:
225 ILCS 46/70 new

Further amends the Health Care Worker Background Check Act. Adds a provision concerning the Centers for Medicare and Medicaid Services (CMMS) grant. Provides that selected health care employees shall be phased in to participate in the CMMS grant between January 1, 2006 and January 1, 2007. Provides that selected health care employers must comply with provisions of the Act prohibiting an individual who has committed specified crimes from being hired, employed, or retained in a position involving direct care for clients, parents, or residents. Provides that each applicant for employment in a position with direct access to residents, patients, or clients of a selected health care employer shall submit to a fingerprint-based criminal history records check.

Senate Floor Amendment No. 4
Provides that beginning January 1, 2006, each long-term care facility operating in the State must initiate, or have initiated on its behalf, a criminal history record check (rather than a UCIA criminal history record check) for all employees hired on or after January 1, 2006 (rather than just all employees) with duties that involve or may involve contact with residents or access to the living quarters or the financial, medical, or personal records of residents. Defines "Centers for Medicare and Medicaid Services (CMMS) grant". Provides that with regards to individuals hired on or after January 1, 2006 (rather than just with regards to individuals) who have direct access to residents, patients, or clients of the selected health care employer, selected health care employers must comply with the hiring eligibility provision of the Act. Provides that the fee charged by the Department of State Police for conducting the criminal history records check shall be deposited into the State Police Services Fund. Provides that the fingerprint-based criminal history records check submitted under the CMMS grant provision must meet the requirements for a UCIA criminal history records check, as set forth in the Act.

Senate Floor Amendment No. 5
Amends the bill as it is amended by Senate Amendment No. 4. Provides that a fingerprint-based criminal history records check must be submitted as a fee applicant inquiry in the form and manner prescribed by the Department of State Police (rather than requiring the fingerprint-based criminal history records check to meet the requirements for a UCIA criminal history records check).

Senate Floor Amendment No. 6
Provides that "individuals who have direct access" does not include physicians.

Actions 
DateChamber Action
  2/18/2005HouseFiled with the Clerk by Rep. Kevin Joyce
  2/18/2005HouseFirst Reading
  2/18/2005HouseReferred to Rules Committee
  2/24/2005HouseAssigned to Human Services Committee
  3/9/2005HouseHouse Amendment No. 1 Filed with Clerk by Human Services Committee
  3/9/2005HouseHouse Amendment No. 1 Adopted in Human Services Committee; by Voice Vote
  3/9/2005HouseDo Pass as Amended / Short Debate Human Services Committee; 012-000-000
  3/10/2005HousePlaced on Calendar 2nd Reading - Short Debate
  3/15/2005HouseSecond Reading - Short Debate
  3/15/2005HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/16/2005HouseAdded Chief Co-Sponsor Rep. Jack McGuire
  3/16/2005HouseAdded Chief Co-Sponsor Rep. Patrick J Verschoore
  3/16/2005HouseAdded Chief Co-Sponsor Rep. Mike Boland
  4/5/2005HouseAdded Chief Co-Sponsor Rep. John D'Amico
  4/5/2005HouseAdded Co-Sponsor Rep. Eddie Washington
  4/5/2005HouseAdded Co-Sponsor Rep. Michael K. Smith
  4/5/2005HouseAdded Co-Sponsor Rep. Thomas Holbrook
  4/5/2005HouseAdded Co-Sponsor Rep. Jack D. Franks
  4/5/2005HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  4/5/2005HouseAdded Co-Sponsor Rep. Michelle Chavez
  4/5/2005HouseAdded Co-Sponsor Rep. Charles E. Jefferson
  4/5/2005HouseAdded Co-Sponsor Rep. Maria Antonia Berrios
  4/5/2005HouseAdded Co-Sponsor Rep. David E. Miller
  4/5/2005HouseThird Reading - Short Debate - Passed 110-000-000
  4/6/2005SenateArrive in Senate
  4/6/2005SenatePlaced on Calendar Order of First Reading April 7, 2005
  4/6/2005SenateChief Senate Sponsor Sen. Edward D. Maloney
  4/11/2005SenateFirst Reading
  4/11/2005SenateReferred to Rules
  4/13/2005SenateAssigned to Health & Human Services
  4/14/2005SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Edward D. Maloney
  4/14/2005SenateSenate Committee Amendment No. 1 Referred to Rules
  4/19/2005SenateSenate Committee Amendment No. 1 Rules Refers to Health & Human Services
  4/19/2005SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. Edward D. Maloney
  4/19/2005SenateSenate Committee Amendment No. 2 Referred to Rules
  4/19/2005SenateAdded as Alternate Chief Co-Sponsor Sen. M. Maggie Crotty
  4/20/2005SenateAdded as Alternate Chief Co-Sponsor Sen. Kwame Raoul
  4/20/2005SenateSenate Committee Amendment No. 1 Postponed - Health & Human Services
  4/20/2005SenatePostponed - Health & Human Services
  4/20/2005SenateSenate Committee Amendment No. 3 Filed with Secretary by Sen. Edward D. Maloney
  4/20/2005SenateSenate Committee Amendment No. 3 Referred to Rules
  4/20/2005SenateAdded as Alternate Chief Co-Sponsor Sen. Susan Garrett
  4/20/2005SenateAdded as Alternate Co-Sponsor Sen. Jacqueline Y. Collins
  4/20/2005SenateAdded as Alternate Co-Sponsor Sen. Iris Y. Martinez
  5/3/2005SenateSenate Committee Amendment No. 2 Rules Refers to Health & Human Services
  5/3/2005SenateSenate Committee Amendment No. 3 Rules Refers to Health & Human Services
  5/4/2005SenateSenate Committee Amendment No. 2 Adopted
  5/4/2005SenateSenate Committee Amendment No. 3 Adopted
  5/5/2005SenateDo Pass as Amended Health & Human Services; 011-000-000
  5/5/2005SenatePlaced on Calendar Order of 2nd Reading May 10, 2005
  5/6/2005SenateSenate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Rules
  5/11/2005SenateSecond Reading
  5/11/2005SenatePlaced on Calendar Order of 3rd Reading May 12, 2005
  5/13/2005SenateSenate Floor Amendment No. 4 Filed with Secretary by Sen. Edward D. Maloney
  5/13/2005SenateSenate Floor Amendment No. 4 Referred to Rules
  5/16/2005SenateSenate Floor Amendment No. 4 Rules Refers to Health & Human Services
  5/18/2005SenateSenate Floor Amendment No. 4 Recommend Do Adopt Health & Human Services; 009-000-000
  5/18/2005SenateAdded as Alternate Co-Sponsor Sen. Martin A. Sandoval
  5/19/2005SenateSenate Floor Amendment No. 5 Filed with Secretary by Sen. Edward D. Maloney
  5/19/2005SenateSenate Floor Amendment No. 5 Referred to Rules
  5/19/2005SenateSenate Floor Amendment No. 6 Filed with Secretary by Sen. Edward D. Maloney
  5/19/2005SenateSenate Floor Amendment No. 6 Referred to Rules
  5/20/2005SenateRule 2-10 Third Reading Deadline Extended to December 31, 2005
  5/23/2005SenateSenate Floor Amendment No. 5 Rules Refers to Health & Human Services
  5/23/2005SenateSenate Floor Amendment No. 6 Rules Refers to Health & Human Services
  5/24/2005SenateSenate Floor Amendment No. 5 Be Adopted Health & Human Services; 009-000-000
  5/24/2005SenateSenate Floor Amendment No. 6 Be Adopted Health & Human Services; 009-000-000
  5/24/2005SenateAdded as Alternate Co-Sponsor Sen. George P. Shadid
  5/25/2005SenateRecalled to Second Reading
  5/25/2005SenateSenate Floor Amendment No. 4 Adopted; Maloney
  5/25/2005SenateSenate Floor Amendment No. 5 Adopted; Maloney
  5/25/2005SenateSenate Floor Amendment No. 6 Adopted; Maloney
  5/25/2005SenatePlaced on Calendar Order of 3rd Reading
  5/25/2005SenateThird Reading - Passed; 058-000-000
  5/25/2005SenateSenate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
  5/25/2005HouseArrived in House
  5/25/2005HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 2,3,4,5,6
  5/25/2005HouseSenate Committee Amendment No. 3 Motion Filed Concur Rep. Kevin Joyce; Motion #1
  5/25/2005HouseSenate Floor Amendment No. 4 Motion Filed Concur Rep. Kevin Joyce; Motion #1
  5/25/2005HouseSenate Floor Amendment No. 5 Motion Filed Concur Rep. Kevin Joyce; Motion #1
  5/25/2005HouseSenate Floor Amendment No. 6 Motion Filed Concur Rep. Kevin Joyce; Motion #1
  5/25/2005HouseSenate Committee Amendment No. 3 Motion to Concur Referred to Rules Committee
  5/25/2005HouseSenate Floor Amendment No. 4 Motion to Concur Referred to Rules Committee
  5/25/2005HouseSenate Floor Amendment No. 5 Motion to Concur Referred to Rules Committee
  5/25/2005HouseSenate Floor Amendment No. 6 Motion to Concur Referred to Rules Committee
  5/25/2005HouseSenate Committee Amendment No. 2 Motion Filed Non-Concur Rep. Kevin Joyce; Motion #2
  5/26/2005HouseSenate Committee Amendment No. 3 Motion to Concur Rules Referred to Human Services Committee
  5/26/2005HouseSenate Floor Amendment No. 4 Motion to Concur Rules Referred to Human Services Committee
  5/26/2005HouseSenate Floor Amendment No. 5 Motion to Concur Rules Referred to Human Services Committee
  5/26/2005HouseSenate Floor Amendment No. 6 Motion to Concur Rules Referred to Human Services Committee
  5/27/2005HouseSenate Committee Amendment No. 3 Motion to Concur Recommends be Adopted Human Services Committee; 012-000-000
  5/27/2005HouseSenate Floor Amendment No. 4 Motion to Concur Recommends be Adopted Human Services Committee; 012-000-000
  5/27/2005HouseSenate Floor Amendment No. 5 Motion to Concur Recommends be Adopted Human Services Committee; 012-000-000
  5/27/2005HouseSenate Floor Amendment No. 6 Motion to Concur Recommends be Adopted Human Services Committee; 012-000-000
  5/27/2005HouseSenate Committee Amendment No. 3 House Concurs 116-000-000; Motion #1
  5/27/2005HouseSenate Floor Amendment No. 4 House Concurs 116-000-000; Motion #1
  5/27/2005HouseSenate Floor Amendment No. 5 House Concurs 116-000-000; Motion #1
  5/27/2005HouseSenate Floor Amendment No. 6 House Concurs 116-000-000; Motion #1
  5/27/2005HouseSenate Committee Amendment No. 2 House Non-Concurs Motion #2
  5/27/2005SenateSecretary's Desk - Non-Concurrence Senate Amendment(s) 02
  5/27/2005SenatePlaced on Calendar Order of Non-Concurrence Senate Amendment(s) 02-May 28, 2005.
  5/27/2005SenateSenate Committee Amendment No. 2 Motion to Recede Filed with Secretary Sen. Edward D. Maloney
  5/27/2005SenateSenate Committee Amendment No. 2 Motion to Recede Referred to Rules
  5/28/2005SenateSenate Committee Amendment No. 2 Motion to Recede Rules Referred to Health & Human Services
  5/28/2005SenateSenate Committee Amendment No. 2 Motion to Recede Be Adopted Health & Human Services; 009-000-000
  5/29/2005SenateSenate Committee Amendment No. 2 Senate Recedes 055-000-000
  5/29/2005HousePassed Both Houses
  6/27/2005HouseSent to the Governor
  8/23/2005HouseGovernor Approved
  8/23/2005HouseEffective Date January 1, 2006
  8/23/2005HousePublic Act . . . . . . . . . 94-0665

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