Sen. Edward D. Maloney
Filed: 4/20/2005
 
 

 




 

 		












09400HB2531sam003

LRB094 09883 RAS 45351 a






1

AMENDMENT TO HOUSE BILL 2531




2
    AMENDMENT NO. ______. Amend House Bill 2531 on page 1, line 
3
5, after "40", by inserting "and by adding Section 70"; and

 
4
on page 10, immediately below line 29, by inserting the 
5
following:
 
6
    "(225 ILCS 46/70  new)
7
    Sec. 70. Centers for Medicare and Medicaid Services (CMMS) 
8
grant.
9
    (a) "Selected health care employer" means any of the 
10
following selected to participate in the CMMS grant:
11
        (1) a community living facility as defined in the 
12
    Community Living Facility Act;
13
        (2) a long-term care facility as defined in the Nursing 
14
    Home Care Act;
15
        (3) a home health agency as defined in the Home Health 
16
    Agency Licensing Act;
17
        (4) a full hospice as defined in the Hospice Licensing 
18
    Act;
19
        (5) an establishment licensed under the Assisted 
20
    Living and Shared Housing Act;
21
        (6) a supportive living facility as defined in the 
22
    Illinois Public Aid Code;
23
        (7) a day training program certified by the Department 
24
    of Human Services;
 


 






09400HB2531sam003
- 2 -
LRB094 09883 RAS 45351 a




1
        (8) a community integrated living arrangement operated 
2
    by a community mental health and developmental service 
3
    agency as defined in the Community Integrated Living 
4
    Arrangements Licensing and Certification Act.

5
    (b) Selected health care employers shall be phased in to 
6
participate in the CMMS grant between January 1, 2006 and 
7
January 1, 2007, as prescribed by the Department of Public 
8
Health by rule.
9
    (c) With regards to individuals who have direct access to 
10
residents, patients, or clients of the selected health care 
11
employer, selected health care employers must comply with 
12
Section 25 of this Act.
13
    "Individuals who have direct access" includes, but is not 
14
limited to, (i) direct care workers as described in subsection 
15
(a) of Section 25; (ii) individuals licensed by the Department 
16
of Financial and Professional Regulation, such as nurses, 
17
physicians, social workers, physical therapists, occupational 
18
therapists, and pharmacists; (iii) individuals who provide 
19
services on site, through contract; and (iv) non-direct care 
20
workers, such as those who work in environmental services, food 
21
service, and administration.
22
    "Individuals who have direct access" does not include 
23
volunteers.
24
    The Department of Public Health may further define 
25
"individuals who have direct access" by rule.

26
    (d) Each applicant seeking employment in a position 
27
described in subsection (c) of this Section with a selected 
28
health care employer shall, as a condition of employment, have 
29
his or her fingerprints submitted to the Department of State 
30
Police in an electronic format that complies with the form and 
31
manner for requesting and furnishing criminal history record 
32
information by the Department of State Police and the Federal 
33
Bureau of Investigation criminal history record databases now 
34
and hereafter filed. The Department of State Police shall 
 


 






09400HB2531sam003
- 3 -
LRB094 09883 RAS 45351 a




1
forward the fingerprints to the Federal Bureau of Investigation 
2
for a national criminal history records check. The Department 
3
of State Police shall charge a fee for conducting the criminal 
4
history records check, which shall not exceed the actual cost 
5
of the records check. The Department of State Police shall 
6
furnish, pursuant to positive identification, records of 
7
Illinois convictions to the Department of Public Health.
8
    (e) A selected health care employer who makes a conditional 
9
offer of employment to an applicant shall:
10
        (1) ensure that the applicant has complied with the 
11
    fingerprinting requirements of this Section;
12
        (2) complete documentation relating to any criminal 
13
    history record, as revealed by the applicant, as prescribed 
14
    by rule by the Department of Public Health;
15
        (3) complete documentation of the applicant's personal 
16
    identifiers as prescribed by rule by the Department of 
17
    Public Health; and
18
        (4) provide supervision, as prescribed by rule by the 
19
    licensing agency, if the applicant is hired and allowed to 
20
    work prior to the results of the criminal history records 
21
    check being obtained.
22
    (f) A selected health care employer having actual knowledge 
23
from a source that an individual with direct access to a 
24
resident, patient, or client has been convicted of committing 
25
or attempting to commit one of the offenses enumerated in 
26
Section 25 of this Act shall contact the licensing agency or 
27
follow other instructions as prescribed by administrative 
28
rule.
29
    (g) This Section shall be inapplicable upon the conclusion 
30
of the CMMS grant.".