96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB6926

 

Introduced , by Rep. Michael K. Smith

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2405/3d new

    Amends the Disabled Persons Rehabilitation Act. Requires the Department of Human Services to adopt a policy to inform each Home Services Program customer of the mandatory requirement of a criminal background investigation for individuals who are being selected as Personal Assistants or Private Duty Providers to that customer. Provides that the customer shall be informed of this requirement at the time of application and no personal assistant or provider shall begin employment until verification that the appropriate forms for a criminal background investigation have been signed by the personal assistant or provider and submitted for processing. Further provides that the results of the criminal background investigation shall be sent directly to the customer, and the customer shall have no obligation to share the results of the investigation. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB6926LRB096 23739 KTG 43120 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Disabled Persons Rehabilitation Act is
5amended by adding Section 3d as follows:
 
6    (20 ILCS 2405/3d new)
7    Sec. 3d. Home Services Program; criminal background
8checks.
9    (a) As used in this Section:
10    "Customer" or "HSP customer" means a person who is
11receiving services through HSP.
12    "HSP" means the Home Services Program.
13    "Personal Assistant" or "PA" means an individual employed
14by a customer to provide through HSP varied services that have
15been approved by the customer's physician.
16    "Private duty provider" or "provider" means a non-agency
17registered nurse, licensed practical nurse, certified nurse
18assistant, physical therapist, occupational therapist, speech
19therapist, or any other individual who provides medical care or
20rehabilitative services in the home through HSP.
21    "Service Plan" means the Home Services Program Service
22Plan, the Home Services Program Service Plan Addendum, or the
23Interim Agreement forms on which all services to be provided to

 

 

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1an individual through HSP are listed.
2    (b) Beginning on the effective date of this amendatory Act
3of the 96th General Assembly, the Department shall adopt a
4policy to inform each HSP customer of the mandatory requirement
5of a criminal background investigation for individuals who are
6being selected as Personal Assistants or Private Duty Providers
7to that customer. The customer shall be informed of this
8requirement at the time of application and no personal
9assistant or provider shall begin employment until
10verification that the appropriate forms for a criminal
11background investigation have been signed by the personal
12assistant or provider and submitted for processing. The results
13of the criminal background investigation shall be sent directly
14to the customer, and the customer shall have no obligation to
15share the results of the investigation. Information obtained
16from the criminal background investigation will assist the
17customer in making an informed choice concerning personal
18assistants or providers.
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.