Synopsis As Introduced Amends the Counties Code, the Abuse Prevention Review Team Act, the Nursing Home Care Act, and the Probation and Probation Officers Act. Provides that all deaths in licensed long-term care facilities and all deaths in hospitals in cases in which the deceased had been transferred to the hospital from a long-term care facility within the preceding 5 days must be reported to the coroner of the county in which the facility is located; requires that the coroner be notified immediately (instead of promptly) in the case of certain deaths. Repeals a provision repealing the Abuse Prevention Review Team Act on July 1, 2006. Requires a nursing home to request a criminal history background check on all residents; requires a nursing home to fax a resident's name and criminal history information to the Department of Public Health if the resident is an identified offender. Requires the Department of Public Health to conduct an Identified Offender Risk Analysis with respect to a nursing home resident who is an identified offender. Authorizes the Director of Public Health to waive certain requirements concerning notice to nursing home residents, employees, and visitors that an identified offender is a resident of the nursing home. Deletes a requirement that a probation officer provide copies of certain reports to certain facilities and State agencies. Makes other changes. Effective immediately.
Replaces everything after the enacting clause with provisions substantially similar to those of House Bill 4785, amending the Abuse Prevention Review Team Act, the Nursing Home Care Act, and the Probation and Probation Officers Act, but with changes that include the following: (1) omits changes to the Counties Code and the Nursing Home Care Act concerning reports of nursing home resident deaths to the coroner; (2) sets forth procedures for conducting nursing home preadmission criminal history background checks; (3) changes "Identified Offender Risk Analysis" to "Criminal History Analysis", and requires the Department of Public Health to complete an analysis as soon as practicable, but not later than 14 days (instead of within 10 days) after receiving notice from a nursing home; (4) adds items to be included in a Criminal History Analysis; (5) provides that if, based on the Criminal History Analysis Report, a nursing home determines that it cannot manage an identified offender resident, it must commence involuntary transfer or discharge proceedings (instead of contact the Department of Public Health to locate an alternative facility); (6) provides for immunity from civil and criminal liability for any person authorized to participate in the development of a Criminal History Analysis or Criminal History Analysis Report; and (7) replaces provisions concerning notice to nursing home residents and employees in connection with identified offenders. Effective immediately.
Replaces everything after the enacting clause. Reinserts the provisions of House Amendment No. 1, with changes that include the following: (1) in provisions concerning criminal history background checks for persons seeking admission to a nursing home, (A) creates an exception for long term care for under age 22 facilities, (B) provides that "the facility" shall initiate a fingerprint-based check, (C) provides for a waiver of the fingerprint-based check requirement if a resident meets other criteria related to the resident's health or lack of potential risk which may be established by Department of Public Health rule, (D) adds provisions concerning procedures for conducting fingerprint-based checks, and (E) provides for fingerprint-based checks in the case of persons who are nursing home residents on the effective date of this amendatory Act; (2) deletes references to the URLs for the State Police and Department of Corrections websites; and (3) deletes amendatory provisions concerning involuntary transfer or discharge of nursing home residents. Effective immediately.