Full Text of HB2285 103rd General Assembly
HB2285enr 103RD GENERAL ASSEMBLY |
| | HB2285 Enrolled | | LRB103 26209 AMQ 52568 b |
|
| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Health Care Worker Background Check Act is | 5 | | amended by changing Section 15 as follows:
| 6 | | (225 ILCS 46/15)
| 7 | | Sec. 15. Definitions. In this Act:
| 8 | | "Applicant" means an individual enrolling in a training | 9 | | program, seeking employment, whether paid or on a volunteer | 10 | | basis, with a health care
employer who has received a bona fide | 11 | | conditional offer of employment.
| 12 | | "Conditional offer of employment" means a bona fide offer | 13 | | of employment by a
health care employer to an applicant, which | 14 | | is contingent upon the receipt of a
report from the Department | 15 | | of Public Health indicating that the applicant does
not have a | 16 | | record of conviction of any of the criminal offenses | 17 | | enumerated in
Section 25.
| 18 | | "Department" means the Department of Public Health. | 19 | | "Direct care" means the provision of nursing care or | 20 | | assistance with feeding,
dressing, movement, bathing, | 21 | | toileting, or other personal needs, including home services as | 22 | | defined in the Home Health, Home Services, and Home Nursing | 23 | | Agency Licensing Act. The entity
responsible for inspecting |
| | | HB2285 Enrolled | - 2 - | LRB103 26209 AMQ 52568 b |
|
| 1 | | and licensing, certifying, or registering the
health care | 2 | | employer may, by administrative rule, prescribe guidelines for
| 3 | | interpreting this definition with regard to the health care | 4 | | employers that it
licenses.
| 5 | | "Director" means the Director of Public Health. | 6 | | "Disqualifying offenses" means those offenses set forth in | 7 | | Section 25 of this Act. | 8 | | "Employee" means any individual hired, employed, or | 9 | | retained, whether paid or on a volunteer basis, to which this | 10 | | Act applies. | 11 | | "Finding" means the Department's determination of whether | 12 | | an allegation is verified and substantiated. | 13 | | "Fingerprint-based criminal history records check" means a | 14 | | livescan fingerprint-based criminal history records check | 15 | | submitted as a fee applicant inquiry in the form and manner | 16 | | prescribed by the Illinois State Police.
| 17 | | "Health care employer" means:
| 18 | | (1) the owner or licensee of any of the
following:
| 19 | | (i) a community living facility, as defined in the | 20 | | Community Living
Facilities Licensing Act;
| 21 | | (ii) a life care facility, as defined in the Life | 22 | | Care Facilities Act;
| 23 | | (iii) a long-term care facility;
| 24 | | (iv) a home health agency, home services agency, | 25 | | or home nursing agency as defined in the Home Health, | 26 | | Home Services, and Home Nursing Agency Licensing
Act;
|
| | | HB2285 Enrolled | - 3 - | LRB103 26209 AMQ 52568 b |
|
| 1 | | (v) a hospice care program or volunteer hospice | 2 | | program, as defined in the Hospice Program Licensing | 3 | | Act;
| 4 | | (vi) a hospital, as defined in the Hospital | 5 | | Licensing Act;
| 6 | | (vii) (blank);
| 7 | | (viii) a nurse agency, as defined in the Nurse | 8 | | Agency Licensing Act;
| 9 | | (ix) a respite care provider, as defined in the | 10 | | Respite Program Act;
| 11 | | (ix-a) an establishment licensed under the | 12 | | Assisted Living and Shared
Housing Act;
| 13 | | (x) a supportive living program, as defined in the | 14 | | Illinois Public Aid
Code;
| 15 | | (xi) early childhood intervention programs as | 16 | | described in 59 Ill. Adm.
Code 121;
| 17 | | (xii) the University of Illinois Hospital, | 18 | | Chicago;
| 19 | | (xiii) programs funded by the Department on Aging | 20 | | through the Community
Care Program;
| 21 | | (xiv) programs certified to participate in the | 22 | | Supportive Living Program
authorized pursuant to | 23 | | Section 5-5.01a of the Illinois Public Aid Code;
| 24 | | (xv) programs listed by the Emergency Medical | 25 | | Services (EMS) Systems Act
as
Freestanding Emergency | 26 | | Centers;
|
| | | HB2285 Enrolled | - 4 - | LRB103 26209 AMQ 52568 b |
|
| 1 | | (xvi) locations licensed under the Alternative | 2 | | Health Care Delivery
Act;
| 3 | | (2) a day training program certified by the Department | 4 | | of Human Services;
| 5 | | (3) a community integrated living arrangement operated | 6 | | by a community
mental health and developmental service | 7 | | agency, as defined in the
Community-Integrated Living | 8 | | Arrangements Licensure and Certification Act;
| 9 | | (4) the State Long Term Care Ombudsman Program, | 10 | | including any regional long term care ombudsman programs | 11 | | under Section 4.04 of the Illinois Act on the Aging, only | 12 | | for the purpose of securing background checks; or
| 13 | | (5) the Department of Corrections or a third-party | 14 | | vendor employing certified nursing assistants working with | 15 | | the Department of Corrections ; or . | 16 | | (6) a financial management services entity contracted | 17 | | with the Department of Human Services, Division of | 18 | | Developmental Disabilities, which is not the employer of | 19 | | personal support workers but supports individuals | 20 | | receiving participant directed services, to administer the | 21 | | individuals' employer authority. A financial management | 22 | | services entity assists participants in completing | 23 | | background check requirements, collecting and processing | 24 | | time sheets for support workers, and processing payroll, | 25 | | withholding, filing, and payment of applicable federal, | 26 | | State, and local employment-related taxes and insurance. |
| | | HB2285 Enrolled | - 5 - | LRB103 26209 AMQ 52568 b |
|
| 1 | | "Initiate" means obtaining from
a student, applicant, or | 2 | | employee his or her social security number, demographics, a | 3 | | disclosure statement, and an authorization for the Department | 4 | | of Public Health or its designee to request a | 5 | | fingerprint-based criminal history records check; transmitting | 6 | | this information electronically to the Department of Public | 7 | | Health; conducting Internet searches on certain web sites, | 8 | | including without limitation the Illinois Sex Offender | 9 | | Registry, the Department of Corrections' Sex Offender Search | 10 | | Engine, the Department of Corrections' Inmate Search Engine, | 11 | | the Department of Corrections Wanted Fugitives Search Engine, | 12 | | the National Sex Offender Public Registry, and the List of | 13 | | Excluded Individuals and Entities database on the website of | 14 | | the Health and Human Services Office of Inspector General to | 15 | | determine if the applicant has been adjudicated a sex | 16 | | offender, has been a prison inmate, or has committed Medicare | 17 | | or Medicaid fraud, or conducting similar searches as defined | 18 | | by rule; and having the student, applicant, or employee's | 19 | | fingerprints collected and transmitted electronically to the | 20 | | Illinois State Police.
| 21 | | "Livescan vendor" means an entity whose equipment has been | 22 | | certified by the Illinois State Police to collect an | 23 | | individual's demographics and inkless fingerprints and, in a | 24 | | manner prescribed by the Illinois State Police and the | 25 | | Department of Public Health, electronically transmit the | 26 | | fingerprints and required data to the Illinois State Police |
| | | HB2285 Enrolled | - 6 - | LRB103 26209 AMQ 52568 b |
|
| 1 | | and a daily file of required data to the Department of Public | 2 | | Health. The Department of Public Health shall negotiate a | 3 | | contract with one or more vendors that effectively demonstrate | 4 | | that the vendor has 2 or more years of experience transmitting | 5 | | fingerprints electronically to the Illinois State Police and | 6 | | that the vendor can successfully transmit the required data in | 7 | | a manner prescribed by the Department of Public Health. Vendor | 8 | | authorization may be further defined by administrative rule.
| 9 | | "Long-term care facility" means a facility licensed by the | 10 | | State or certified under federal law as a long-term care | 11 | | facility, including without limitation facilities licensed | 12 | | under the Nursing Home Care Act, the Specialized Mental Health | 13 | | Rehabilitation Act of 2013, the ID/DD Community Care Act, or | 14 | | the MC/DD Act, a supportive living facility, an assisted | 15 | | living establishment, or a shared housing establishment or | 16 | | registered as a board and care home.
| 17 | | "Resident" means a person, individual, or patient under | 18 | | the direct care of a health care employer or who has been | 19 | | provided goods or services by a health care employer. | 20 | | (Source: P.A. 101-176, eff. 7-31-19; 102-226, eff. 7-30-21; | 21 | | 102-503, eff. 8-20-21; 102-538, eff. 8-20-21; 102-813, eff. | 22 | | 5-13-22.)
|
|