Rep. Elgie R. Sims, Jr.

Filed: 4/20/2015





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2    AMENDMENT NO. ______. Amend House Bill 3841, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 5. The Nursing Home Care Act is amended by
6changing Section 2-201.5 as follows:
7    (210 ILCS 45/2-201.5)
8    Sec. 2-201.5. Screening prior to admission.
9    (a) All persons age 18 or older seeking admission to a
10nursing facility must be screened to determine the need for
11nursing facility services prior to being admitted, regardless
12of income, assets, or funding source. Screening for nursing
13facility services shall be administered through procedures
14established by administrative rule. Screening may be done by
15agencies other than the Department as established by
16administrative rule. This Section applies on and after July 1,



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11996. No later than October 1, 2010, the Department of
2Healthcare and Family Services, in collaboration with the
3Department on Aging, the Department of Human Services, and the
4Department of Public Health, shall file administrative rules
5providing for the gathering, during the screening process, of
6information relevant to determining each person's potential
7for placing other residents, employees, and visitors at risk of
9    (a-1) Any screening performed pursuant to subsection (a) of
10this Section shall include a determination of whether any
11person is being considered for admission to a nursing facility
12due to a need for mental health services. For a person who
13needs mental health services, the screening shall also include
14an evaluation of whether there is permanent supportive housing,
15or an array of community mental health services, including but
16not limited to supported housing, assertive community
17treatment, and peer support services, that would enable the
18person to live in the community. The person shall be told about
19the existence of any such services that would enable the person
20to live safely and humanely and about available appropriate
21nursing home services that would enable the person to live
22safely and humanely, and the person shall be given the
23assistance necessary to avail himself or herself of any
24available services.
25    (a-2) Pre-screening for persons with a serious mental
26illness shall be performed by a psychiatrist, a psychologist, a



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1registered nurse certified in psychiatric nursing, a licensed
2clinical professional counselor, or a licensed clinical social
3worker, who is competent to (i) perform a clinical assessment
4of the individual, (ii) certify a diagnosis, (iii) make a
5determination about the individual's current need for
6treatment, including substance abuse treatment, and recommend
7specific treatment, and (iv) determine whether a facility or a
8community-based program is able to meet the needs of the
10    For any person entering a nursing facility, the
11pre-screening agent shall make specific recommendations about
12what care and services the individual needs to receive,
13beginning at admission, to attain or maintain the individual's
14highest level of independent functioning and to live in the
15most integrated setting appropriate for his or her physical and
16personal care and developmental and mental health needs. These
17recommendations shall be revised as appropriate by the
18pre-screening or re-screening agent based on the results of
19resident review and in response to changes in the resident's
20wishes, needs, and interest in transition.
21    Upon the person entering the nursing facility, the
22Department of Human Services or its designee shall assist the
23person in establishing a relationship with a community mental
24health agency or other appropriate agencies in order to (i)
25promote the person's transition to independent living and (ii)
26support the person's progress in meeting individual goals.



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1    (a-3) The Department of Human Services, by rule, shall
2provide for a prohibition on conflicts of interest for
3pre-admission screeners. The rule shall provide for waiver of
4those conflicts by the Department of Human Services if the
5Department of Human Services determines that a scarcity of
6qualified pre-admission screeners exists in a given community
7and that, absent a waiver of conflicts, an insufficient number
8of pre-admission screeners would be available. If a conflict is
9waived, the pre-admission screener shall disclose the conflict
10of interest to the screened individual in the manner provided
11for by rule of the Department of Human Services. For the
12purposes of this subsection, a "conflict of interest" includes,
13but is not limited to, the existence of a professional or
14financial relationship between (i) a PAS-MH corporate or a
15PAS-MH agent and (ii) a community provider or long-term care
17    (b) In addition to the screening required by subsection
18(a), a facility, except for those licensed as long term care
19for under age 22 facilities, shall, within 24 hours after
20admission, request a criminal history background check
21pursuant to the Uniform Conviction Information Act for all
22persons age 18 or older seeking admission to the facility,
23unless (i) a background check was initiated by a hospital
24pursuant to subsection (d) of Section 6.09 of the Hospital
25Licensing Act; (ii) the transferring resident is immobile;
26(iii) the transferring resident is moving into hospice; (iv)



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1the transferring resident is wheelchair bound and is 75 years
2of age or older; or (v) the transferring resident is 65 years
3of age or older and has undergone a fingerprint screening that
4showed no violent criminal history or criminal history for at
5least 15 years and, based on risk analysis, does not show
6indications of substance abuse or serious mental health issues.
7The exemptions provided in items (ii) through (v) of this
8subsection (b) shall apply only if a background check was
9completed by the facility the resident resided at prior to
10seeking admission to the facility and the resident was
11transferred to the facility with no time passing during which
12the resident was not institutionalized. If item (ii), (iii),
13(iv), or (v) of this subsection (b) applies, the prior facility
14shall provide a copy of its background check of the resident
15and all supporting documentation, including, when applicable,
16the criminal history report and the security assessment, to the
17facility to which the resident is being transferred. Background
18checks conducted pursuant to this Section shall be based on the
19resident's name, date of birth, and other identifiers as
20required by the Department of State Police. If the results of
21the background check are inconclusive, the facility shall
22initiate a fingerprint-based check, unless the fingerprint
23check is waived by the Director of Public Health based on
24verification by the facility that the resident is completely
25immobile or that the resident meets other criteria related to
26the resident's health or lack of potential risk which may be



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1established by Departmental rule. A waiver issued pursuant to
2this Section shall be valid only while the resident is immobile
3or while the criteria supporting the waiver exist. The facility
4shall provide for or arrange for any required fingerprint-based
5checks to be taken on the premises of the facility. If a
6fingerprint-based check is required, the facility shall
7arrange for it to be conducted in a manner that is respectful
8of the resident's dignity and that minimizes any emotional or
9physical hardship to the resident.
10    (c) If the results of a resident's criminal history
11background check reveal that the resident is an identified
12offender as defined in Section 1-114.01, the facility shall do
13the following:
14        (1) Immediately notify the Department of State Police,
15    in the form and manner required by the Department of State
16    Police, in collaboration with the Department of Public
17    Health, that the resident is an identified offender.
18        (2) Within 72 hours, arrange for a fingerprint-based
19    criminal history record inquiry to be requested on the
20    identified offender resident. The inquiry shall be based on
21    the subject's name, sex, race, date of birth, fingerprint
22    images, and other identifiers required by the Department of
23    State Police. The inquiry shall be processed through the
24    files of the Department of State Police and the Federal
25    Bureau of Investigation to locate any criminal history
26    record information that may exist regarding the subject.



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1    The Federal Bureau of Investigation shall furnish to the
2    Department of State Police, pursuant to an inquiry under
3    this paragraph (2), any criminal history record
4    information contained in its files.
5    The facility shall comply with all applicable provisions
6contained in the Uniform Conviction Information Act.
7    All name-based and fingerprint-based criminal history
8record inquiries shall be submitted to the Department of State
9Police electronically in the form and manner prescribed by the
10Department of State Police. The Department of State Police may
11charge the facility a fee for processing name-based and
12fingerprint-based criminal history record inquiries. The fee
13shall be deposited into the State Police Services Fund. The fee
14shall not exceed the actual cost of processing the inquiry.
15    (d) (Blank).
16    (e) The Department shall develop and maintain a
17de-identified database of residents who have injured facility
18staff, facility visitors, or other residents, and the attendant
19circumstances, solely for the purposes of evaluating and
20improving resident pre-screening and assessment procedures
21(including the Criminal History Report prepared under Section
222-201.6) and the adequacy of Department requirements
23concerning the provision of care and services to residents. A
24resident shall not be listed in the database until a Department
25survey confirms the accuracy of the listing. The names of
26persons listed in the database and information that would allow



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1them to be individually identified shall not be made public.
2Neither the Department nor any other agency of State government
3may use information in the database to take any action against
4any individual, licensee, or other entity, unless the
5Department or agency receives the information independent of
6this subsection (e). All information collected, maintained, or
7developed under the authority of this subsection (e) for the
8purposes of the database maintained under this subsection (e)
9shall be treated in the same manner as information that is
10subject to Part 21 of Article VIII of the Code of Civil
12(Source: P.A. 96-1372, eff. 7-29-10; 97-48, eff. 6-28-11.)
13    Section 99. Effective date. This Act takes effect upon
14becoming law.".