|
Rep. Silvana Tabares
Filed: 3/20/2014
| | 09800HB4525ham001 | | LRB098 17703 ZMM 57206 a |
|
|
1 | | AMENDMENT TO HOUSE BILL 4525
|
2 | | AMENDMENT NO. ______. Amend House Bill 4525 by replacing |
3 | | everything after the enacting clause with the following:
|
4 | | "Section 5. The Health Care Worker Background Check Act is |
5 | | amended by changing Section 70 as follows: |
6 | | (225 ILCS 46/70) |
7 | | Sec. 70. Centers for Medicare and Medicaid Services (CMMS) |
8 | | grant ; Voluntary FBI Fingerprint Demonstration Project . |
9 | | (a) The General Assembly authorizes the establishment of |
10 | | the Voluntary FBI Fingerprint Demonstration Project |
11 | | (Demonstration Project), which shall be consistent with the |
12 | | provisions of the Centers for Medicare and Medicaid Services |
13 | | grant awarded to and distributed by the Department of Public |
14 | | Health pursuant to Title VI, Subtitle B, Part III, Subtitle C, |
15 | | Section 6201 of the Affordable Care Act of 2010. The |
16 | | Demonstration Project is authorized to operate for the period |
|
| | 09800HB4525ham001 | - 2 - | LRB098 17703 ZMM 57206 a |
|
|
1 | | of January 1, 2014 through December 31, 2014 and shall operate |
2 | | until the conclusion of this grant period or until the |
3 | | long-term care facility terminates its participation in the |
4 | | Demonstration Project, whichever occurs sooner. |
5 | | (b) The Long-Term Care Facility Advisory Board established |
6 | | under the Nursing Home Care Act shall act in an advisory |
7 | | capacity to the Demonstration Project. |
8 | | (c) Long-term care facilities voluntarily participating in |
9 | | the Demonstration Project shall, in addition to the provisions |
10 | | of this Section, comply with all requirements set forth in this |
11 | | Act. When conflict between the Act and the provisions of this |
12 | | Section occurs, the provisions of this Section shall supersede |
13 | | until the conclusion of the grant period or until the long-term |
14 | | care facility terminates its participation in the |
15 | | Demonstration Project, whichever occurs sooner. |
16 | | (d) The Department of Public Health shall select at least |
17 | | one facility in the State to participate in the Demonstration |
18 | | Project. |
19 | | (e) For the purposes of determining who shall be required |
20 | | to undergo an FBI fingerprint-based criminal history records |
21 | | check under the Demonstration Project, "direct access |
22 | | employee" means any individual who has access to a patient or |
23 | | resident of a long-term care facility or provider through |
24 | | employment or through a contract with a long-term care facility |
25 | | or provider and has duties that involve or may involve |
26 | | one-on-one contact with a resident of the facility or provider, |
|
| | 09800HB4525ham001 | - 3 - | LRB098 17703 ZMM 57206 a |
|
|
1 | | as determined by the State for purposes of the Demonstration |
2 | | Project. |
3 | | (f) All long-term care facilities licensed under the |
4 | | Nursing Home Care Act are qualified to volunteer for the |
5 | | Demonstration Project. |
6 | | (g) The Department of Public Health shall notify qualified |
7 | | long-term care facilities within 30 days after the effective |
8 | | date of this amendatory Act of the 98th General Assembly of the |
9 | | opportunity to volunteer for the Demonstration Project. The |
10 | | notice shall include information concerning application |
11 | | procedures and deadlines, termination rights, requirements for |
12 | | participation, the selection process, and a |
13 | | question-and-answer document addressing potential conflicts |
14 | | between this Act and the provisions of this Section. |
15 | | (h) Qualified long-term care facilities shall be given a |
16 | | minimum of 30 days after the date of receiving the notice to |
17 | | inform the Department of Public Health, in the form and manner |
18 | | prescribed by the Department of Public Health, of their |
19 | | interest in volunteering for the Demonstration Project. |
20 | | Facilities selected for the Demonstration Project shall be |
21 | | notified, within 30 days after the date of application, of the |
22 | | effective date that their participation in the Demonstration |
23 | | Project will begin, which may vary. |
24 | | (i) The individual applicant shall be responsible for the |
25 | | cost of each individual fingerprint inquiry, which may be |
26 | | offset with grant funds, if available. |
|
| | 09800HB4525ham001 | - 4 - | LRB098 17703 ZMM 57206 a |
|
|
1 | | (a) In this Section:
|
2 | | "Centers for Medicare and Medicaid Services (CMMS) grant" |
3 | | means the grant awarded to and distributed by the Department of |
4 | | Public Health to enhance the conduct of criminal history |
5 | | records checks of certain health care employees. The CMMS grant |
6 | | is authorized by Section 307 of the federal Medicare |
7 | | Prescription Drug, Improvement, and Modernization Act of 2003, |
8 | | which establishes the framework for a program to evaluate |
9 | | national and state background checks on prospective employees |
10 | | with direct access to patients of long-term care facilities or |
11 | | providers. |
12 | | "Selected health care employer" means any of the following |
13 | | selected to participate in the CMMS grant: |
14 | | (1) a community living facility as defined in the |
15 | | Community Living Facility Act; |
16 | | (2) a long-term care facility as defined in the Nursing |
17 | | Home Care Act; |
18 | | (3) a home health agency as defined in the Home Health, |
19 | | Home Services, and Home Nursing Agency Licensing Act; |
20 | | (4) a full hospice as defined in the Hospice Licensing |
21 | | Act; |
22 | | (5) an establishment licensed under the Assisted |
23 | | Living and Shared Housing Act; |
24 | | (6) a supportive living facility as defined in the |
25 | | Illinois Public Aid Code; |
26 | | (7) a day training program certified by the Department |
|
| | 09800HB4525ham001 | - 5 - | LRB098 17703 ZMM 57206 a |
|
|
1 | | of Human Services; |
2 | | (8) a community integrated living arrangement operated |
3 | | by a community mental health and developmental service |
4 | | agency as defined in the Community Integrated Living |
5 | | Arrangements Licensing and Certification Act; or
|
6 | | (9) a long-term care hospital or hospital with swing |
7 | | beds.
|
8 | | (b) Selected health care employers shall be phased in to |
9 | | participate in the CMMS grant between January 1, 2006 and |
10 | | January 1, 2007, as prescribed by the Department of Public |
11 | | Health by rule. |
12 | | (c) With regards to individuals hired on or after January |
13 | | 1, 2006 who have direct access to residents, patients, or |
14 | | clients of the selected health care employer, selected health |
15 | | care employers must comply with Section 25 of this Act. |
16 | | "Individuals who have direct access" includes, but is not |
17 | | limited to, (i) direct care workers as described in subsection |
18 | | (a) of Section 25; (ii) individuals licensed by the Department |
19 | | of Financial and Professional Regulation, such as nurses, |
20 | | social workers, physical therapists, occupational therapists, |
21 | | and pharmacists; (iii) individuals who provide services on |
22 | | site, through contract; and (iv) non-direct care workers, such |
23 | | as those who work in environmental services, food service, and |
24 | | administration. |
25 | | "Individuals who have direct access" does not include |
26 | | physicians or volunteers. |
|
| | 09800HB4525ham001 | - 6 - | LRB098 17703 ZMM 57206 a |
|
|
1 | | The Department of Public Health may further define |
2 | | "individuals who have direct access" by rule.
|
3 | | (j) (d) Each applicant seeking employment in a position |
4 | | described in subsection (e) (c) of this Section with a selected |
5 | | health care employer shall, as a condition of employment, have |
6 | | his or her fingerprints submitted to the Department of State |
7 | | Police in an electronic format that complies with the form and |
8 | | manner for requesting and furnishing criminal history record |
9 | | information by the Department of State Police and the Federal |
10 | | Bureau of Investigation criminal history record databases now |
11 | | and hereafter filed . The Department of State Police shall |
12 | | forward the fingerprints to the Federal Bureau of Investigation |
13 | | for a national criminal history records check. The Department |
14 | | of State Police shall charge a fee for conducting the criminal |
15 | | history records check, which shall not exceed the actual cost |
16 | | of the records check and shall be deposited into the State |
17 | | Police Services Fund. The Department of State Police shall |
18 | | furnish, pursuant to positive identification, records of |
19 | | Illinois convictions to the Department of Public Health. |
20 | | (e) A selected health care employer who makes a conditional |
21 | | offer of employment to an applicant shall: |
22 | | (1) ensure that the applicant has complied with the |
23 | | fingerprinting requirements of this Section; |
24 | | (2) complete documentation relating to any criminal |
25 | | history record, as revealed by the applicant, as prescribed |
26 | | by rule by the Department of Public Health; |
|
| | 09800HB4525ham001 | - 7 - | LRB098 17703 ZMM 57206 a |
|
|
1 | | (3) complete documentation of the applicant's personal |
2 | | identifiers as prescribed by rule by the Department of |
3 | | Public Health; and |
4 | | (4) provide supervision, as prescribed by rule by the |
5 | | licensing agency, if the applicant is hired and allowed to |
6 | | work prior to the results of the criminal history records |
7 | | check being obtained. |
8 | | (f) A selected health care employer having actual knowledge |
9 | | from a source that an individual with direct access to a |
10 | | resident, patient, or client has been convicted of committing |
11 | | or attempting to commit one of the offenses enumerated in |
12 | | Section 25 of this Act shall contact the licensing agency or |
13 | | follow other instructions as prescribed by administrative |
14 | | rule. |
15 | | (k) (g) A fingerprint-based criminal history records check |
16 | | submitted in accordance with subsection (j) (d) of this Section |
17 | | shall must be submitted as a fee applicant inquiry in the form |
18 | | and manner prescribed by the Department of State Police.
|
19 | | (l) A long-term care facility may terminate its |
20 | | participation in the Demonstration Project without prejudice |
21 | | by providing the Department of Public Health with notice of its |
22 | | intent to terminate at least 30 days prior to its voluntary |
23 | | termination. |
24 | | (m) (h) This Section shall be inapplicable upon the |
25 | | conclusion of the CMMS grant period .
|
26 | | (Source: P.A. 94-665, eff. 1-1-06; 94-931, eff. 6-26-06; |