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Sen. Edward D. Maloney
Filed: 4/14/2005
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09400HB2531sam001 |
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LRB094 09883 RAS 45168 a |
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| AMENDMENT TO HOUSE BILL 2531
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| AMENDMENT NO. ______. Amend House Bill 2531 on page 1, line |
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| 5, after "40", by inserting "and by adding Section 70"; and
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| on page 10, immediately below line 29, by inserting the |
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| following: |
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| "(225 ILCS 46/70 new) |
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| Sec. 70. Centers for Medicare and Medicaid Services (CMMS) |
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| grant. |
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| (a) "Selected health care employer" means any of the |
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| following that are located in counties selected to participate |
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| in the CMMS grant: |
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| (1) a community living facility as defined in the |
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| Community Living Facility Act; |
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| (2) a long-term care facility as defined in the Nursing |
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| Home Care Act; |
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| (3) a home health agency as defined in the Home Health |
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| Agency Licensing Act; |
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| (4) a full hospice as defined in the Hospice Licensing |
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| Act; |
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| (5) an establishment licensed under the Assisted |
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| Living and Shared Housing Act; |
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| (6) a supportive living facility as defined in the |
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| Illinois Public Aid Code; |
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| (7) a day training program certified by the Department |
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09400HB2531sam001 |
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LRB094 09883 RAS 45168 a |
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| of Human Services; |
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| (8) a community integrated living arrangement operated |
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| by a community mental health and developmental service |
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| agency as defined in the Community Integrated Living |
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| Arrangements Licensing and Certification Act.
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| (b) Selected health care employers shall be phased in to |
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| participate in the CMMS grant between January 1, 2006 and |
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| January 1, 2007, as prescribed by the Department of Public |
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| Health by rule. |
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| (c) With regards to individuals who have direct access to |
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| residents, patients, or clients of the selected health care |
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| employer, selected health care employers must comply with |
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| Section 25 of this Act. |
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| "Individuals who have direct access" includes, but is not |
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| limited to, (i) direct care workers as described in subsection |
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| (a) of Section 25; (ii) individuals licensed by the Department |
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| of Financial and Professional Regulation, such as nurses, |
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| physicians, social workers, physical therapists, occupational |
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| therapists, and pharmacists; (iii) individuals who provide |
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| services on site, through contract; and (iv) non-direct care |
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| workers, such as those who work in environmental services, food |
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| service, and administration. |
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| "Individuals who have direct access" does not include |
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| volunteers. |
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| The Department of Public Health may further define |
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| "individuals who have direct access" by rule.
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| (d) Each applicant seeking employment in a position |
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| described in subsection (c) of this Section with a selected |
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| health care employer shall, as a condition of employment, have |
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| his or her fingerprints submitted to the Department of State |
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| Police in an electronic format that complies with the form and |
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| manner for requesting and furnishing criminal history record |
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| information by the Department of State Police and the Federal |
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| Bureau of Investigation criminal history record databases now |
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LRB094 09883 RAS 45168 a |
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| and hereafter filed. The Department of State Police shall |
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| charge a fee for conducting the criminal history records check, |
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| which shall not exceed the actual cost of the records check. |
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| The Department of State Police shall furnish, pursuant to |
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| positive identification, records of Illinois convictions to |
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| the Department of Public Health. |
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| (e) A selected health care employer who makes a conditional |
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| offer of employment to an applicant shall: |
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| (1) ensure that the applicant has complied with the |
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| fingerprinting requirements of this Section; |
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| (2) complete documentation relating to any criminal |
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| history record, as revealed by the applicant, as prescribed |
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| by rule by the Department of Public Health; |
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| (3) complete documentation of the applicant's personal |
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| identifiers as prescribed by rule by the Department of |
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| Public Health; and |
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| (4) provide supervision, as prescribed by rule by the |
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| licensing agency, if the applicant is hired and allowed to |
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| work prior to the results of the criminal history records |
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| check being obtained. |
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| (f) A selected health care employer having actual knowledge |
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| from a source that an individual with direct access to a |
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| resident, patient, or client has been convicted of committing |
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| or attempting to commit one of the offenses enumerated in |
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| Section 25 of this Act shall contact the licensing agency or |
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| follow other instructions as prescribed by administrative |
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| rule. |
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| (g) This Section shall be inapplicable upon the conclusion |
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| of the CMMS grant. ".
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