Illinois General Assembly - Full Text of HB5656
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Full Text of HB5656  103rd General Assembly

HB5656 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5656

 

Introduced 2/9/2024, by Rep. Debbie Meyers-Martin

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 45/2-201.5
210 ILCS 45/2-201.6

    Amends the Nursing Home Care Act. In provisions concerning screening prior to admission, provides that if the results of the background check are inconclusive, the facility shall initiate a fingerprint-based check, unless the fingerprint check is waived by the Director of Public Health or the Director's designee (rather than only by the Director) based on verification provided by the facility that the resident has decreased mobility (rather than is completely immobile) or that the resident meets other criteria related to the resident's health (rather than the resident meets other criteria related to the resident's health or lack of potential risk which may be established by Departmental rule). Provides that a waiver shall be valid only while the criteria supporting the waiver exist (rather than a waiver shall be valid only while the resident is immobile or while the criteria supporting the waiver exist). In provisions concerning a criminal history report, provides that the Illinois State Police shall provide the criminal history report to a licensed forensic psychologist, a licensed clinical social worker, or a licensed clinical professional counselor (rather than only to a licensed forensic psychologist). Provides that after consideration of the criminal history report, consultation with the facility administrator or the facility medical director, or the administrator's or medical director's designee (rather than or both the administrator and director), and review of certain information, the licensed forensic psychologist, licensed clinical social worker, or licensed clinical professional counselor (rather than only a licensed forensic psychologist) shall prepare an identified offender report and recommendation. Makes other changes.


LRB103 31173 BMS 57986 b

 

 

A BILL FOR

 

HB5656LRB103 31173 BMS 57986 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Nursing Home Care Act is amended by
5changing Sections 2-201.5 and 2-201.6 as follows:
 
6    (210 ILCS 45/2-201.5)
7    Sec. 2-201.5. Screening prior to admission.
8    (a) All persons age 18 or older seeking admission to a
9nursing facility must be screened to determine the need for
10nursing facility services prior to being admitted, regardless
11of income, assets, or funding source. Screening for nursing
12facility services shall be administered through procedures
13established by administrative rule. Screening may be done by
14agencies other than the Department as established by
15administrative rule. This Section applies on and after July 1,
161996. No later than October 1, 2010, the Department of
17Healthcare and Family Services, in collaboration with the
18Department on Aging, the Department of Human Services, and the
19Department of Public Health, shall file administrative rules
20providing for the gathering, during the screening process, of
21information relevant to determining each person's potential
22for placing other residents, employees, and visitors at risk
23of harm.

 

 

HB5656- 2 -LRB103 31173 BMS 57986 b

1    (a-1) Any screening performed pursuant to subsection (a)
2of this Section shall include a determination of whether any
3person is being considered for admission to a nursing facility
4due to a need for mental health services. For a person who
5needs mental health services, the screening shall also include
6an evaluation of whether there is permanent supportive
7housing, or an array of community mental health services,
8including but not limited to supported housing, assertive
9community treatment, and peer support services, that would
10enable the person to live in the community. The person shall be
11told about the existence of any such services that would
12enable the person to live safely and humanely and about
13available appropriate nursing home services that would enable
14the person to live safely and humanely, and the person shall be
15given the assistance necessary to avail himself or herself of
16any available services.
17    (a-2) Pre-screening for persons with a serious mental
18illness shall be performed by a psychiatrist, a psychologist,
19a registered nurse certified in psychiatric nursing, a
20licensed clinical professional counselor, or a licensed
21clinical social worker, who is competent to (i) perform a
22clinical assessment of the individual, (ii) certify a
23diagnosis, (iii) make a determination about the individual's
24current need for treatment, including substance abuse
25treatment, and recommend specific treatment, and (iv)
26determine whether a facility or a community-based program is

 

 

HB5656- 3 -LRB103 31173 BMS 57986 b

1able to meet the needs of the individual.
2    For any person entering a nursing facility, the
3pre-screening agent shall make specific recommendations about
4what care and services the individual needs to receive,
5beginning at admission, to attain or maintain the individual's
6highest level of independent functioning and to live in the
7most integrated setting appropriate for his or her physical
8and personal care and developmental and mental health needs.
9These recommendations shall be revised as appropriate by the
10pre-screening or re-screening agent based on the results of
11resident review and in response to changes in the resident's
12wishes, needs, and interest in transition.
13    Upon the person entering the nursing facility, the
14Department of Human Services or its designee shall assist the
15person in establishing a relationship with a community mental
16health agency or other appropriate agencies in order to (i)
17promote the person's transition to independent living and (ii)
18support the person's progress in meeting individual goals.
19    (a-3) The Department of Human Services, by rule, shall
20provide for a prohibition on conflicts of interest for
21pre-admission screeners. The rule shall provide for waiver of
22those conflicts by the Department of Human Services if the
23Department of Human Services determines that a scarcity of
24qualified pre-admission screeners exists in a given community
25and that, absent a waiver of conflicts, an insufficient number
26of pre-admission screeners would be available. If a conflict

 

 

HB5656- 4 -LRB103 31173 BMS 57986 b

1is waived, the pre-admission screener shall disclose the
2conflict of interest to the screened individual in the manner
3provided for by rule of the Department of Human Services. For
4the purposes of this subsection, a "conflict of interest"
5includes, but is not limited to, the existence of a
6professional or financial relationship between (i) a PAS-MH
7corporate or a PAS-MH agent and (ii) a community provider or
8long-term care facility.
9    (b) In addition to the screening required by subsection
10(a), a facility, except for those licensed under the MC/DD
11Act, shall, within 24 hours after admission, request a
12criminal history background check pursuant to the Illinois
13Uniform Conviction Information Act for all persons age 18 or
14older seeking admission to the facility, unless (i) a
15background check was initiated by a hospital pursuant to
16subsection (d) of Section 6.09 of the Hospital Licensing Act
17or a pre-admission background check was conducted by the
18Department of Veterans' Affairs 30 days prior to admittance
19into an Illinois Veterans Home; (ii) the transferring resident
20is immobile; or (iii) the transferring resident is moving into
21hospice. The exemption provided in item (ii) or (iii) of this
22subsection (b) shall apply only if a background check was
23completed by the facility the resident resided at prior to
24seeking admission to the facility and the resident was
25transferred to the facility with no time passing during which
26the resident was not institutionalized. If item (ii) or (iii)

 

 

HB5656- 5 -LRB103 31173 BMS 57986 b

1of this subsection (b) applies, the prior facility shall
2provide a copy of its background check of the resident and all
3supporting documentation, including, when applicable, the
4criminal history report and the security assessment, to the
5facility to which the resident is being transferred.
6Background checks conducted pursuant to this Section shall be
7based on the resident's name, date of birth, and other
8identifiers as required by the Illinois State Police. If the
9results of the background check are inconclusive, the facility
10shall initiate a fingerprint-based check, unless the
11fingerprint check is waived by the Director of Public Health
12or the Director's designee based on verification provided by
13the facility that the resident has decreased mobility is
14completely immobile or that the resident meets other criteria
15related to the resident's health, including that the resident
16lacks the mental capacity to consent to fingerprinting, has
17missing finger digits, lacks fingerprints, or exhibits minimal
18risk or lack of potential risk which may be established by
19Departmental rule. A waiver issued pursuant to this Section
20shall be valid only while the resident is immobile or while the
21criteria supporting the waiver exist. The facility shall
22provide for or arrange for any required fingerprint-based
23checks to be taken on the premises of the facility. If a
24fingerprint-based check is required, the facility shall
25arrange for it to be conducted in a manner that is respectful
26of the resident's dignity and that minimizes any emotional or

 

 

HB5656- 6 -LRB103 31173 BMS 57986 b

1physical hardship to the resident.
2    (c) If the results of a resident's criminal history
3background check reveal that the resident is an identified
4offender as defined in Section 1-114.01, the facility shall do
5the following:
6        (1) Immediately notify the Illinois State Police, in
7    the form and manner required by the Illinois State Police,
8    in collaboration with the Department of Public Health,
9    that the resident is an identified offender.
10        (2) Within 72 hours, arrange for a fingerprint-based
11    criminal history record inquiry to be requested on the
12    identified offender resident. The inquiry shall be based
13    on the subject's name, sex, race, date of birth,
14    fingerprint images, and other identifiers required by the
15    Illinois State Police. The inquiry shall be processed
16    through the files of the Illinois State Police and the
17    Federal Bureau of Investigation to locate any criminal
18    history record information that may exist regarding the
19    subject. The Federal Bureau of Investigation shall furnish
20    to the Illinois State Police, pursuant to an inquiry under
21    this paragraph (2), any criminal history record
22    information contained in its files.
23    The facility shall comply with all applicable provisions
24contained in the Illinois Uniform Conviction Information Act.
25    All name-based and fingerprint-based criminal history
26record inquiries shall be submitted to the Illinois State

 

 

HB5656- 7 -LRB103 31173 BMS 57986 b

1Police electronically in the form and manner prescribed by the
2Illinois State Police. The Illinois State Police may charge
3the facility a fee for processing name-based and
4fingerprint-based criminal history record inquiries. The fee
5shall be deposited into the State Police Services Fund. The
6fee shall not exceed the actual cost of processing the
7inquiry.
8    (d) (Blank).
9    (e) The Department shall develop and maintain a
10de-identified database of residents who have injured facility
11staff, facility visitors, or other residents, and the
12attendant circumstances, solely for the purposes of evaluating
13and improving resident pre-screening and assessment procedures
14(including the Criminal History Report prepared under Section
152-201.6) and the adequacy of Department requirements
16concerning the provision of care and services to residents. A
17resident shall not be listed in the database until a
18Department survey confirms the accuracy of the listing. The
19names of persons listed in the database and information that
20would allow them to be individually identified shall not be
21made public. Neither the Department nor any other agency of
22State government may use information in the database to take
23any action against any individual, licensee, or other entity,
24unless the Department or agency receives the information
25independent of this subsection (e). All information collected,
26maintained, or developed under the authority of this

 

 

HB5656- 8 -LRB103 31173 BMS 57986 b

1subsection (e) for the purposes of the database maintained
2under this subsection (e) shall be treated in the same manner
3as information that is subject to Part 21 of Article VIII of
4the Code of Civil Procedure.
5(Source: P.A. 102-538, eff. 8-20-21.)
 
6    (210 ILCS 45/2-201.6)
7    Sec. 2-201.6. Criminal History Report.
8    (a) The Illinois State Police shall prepare a Criminal
9History Report when it receives information, through the
10criminal history background check required pursuant to
11subsection (d) of Section 6.09 of the Hospital Licensing Act
12or subsection (c) of Section 2-201.5, or through any other
13means, that a resident of a facility is an identified
14offender.
15    (b) The Illinois State Police shall complete the Criminal
16History Report within 10 business days after receiving
17information under subsection (a) that a resident is an
18identified offender.
19    (c) The Criminal History Report shall include, but not be
20limited to, the following:
21        (1) (Blank).
22        (2) (Blank).
23        (3) (Blank).
24        (3.5) Copies of the identified offender's parole,
25    mandatory supervised release, or probation orders.

 

 

HB5656- 9 -LRB103 31173 BMS 57986 b

1        (4) An interview with the identified offender.
2        (5) (Blank).
3        (6) A detailed summary of the entire criminal history
4    of the offender, including arrests, convictions, and the
5    date of the identified offender's last conviction relative
6    to the date of admission to a long-term care facility.
7        (7) If the identified offender is a convicted or
8    registered sex offender, a review of any and all sex
9    offender evaluations conducted on that offender. If there
10    is no sex offender evaluation available, the Illinois
11    State Police shall arrange, through the Department of
12    Public Health, for a sex offender evaluation to be
13    conducted on the identified offender. If the convicted or
14    registered sex offender is under supervision by the
15    Illinois Department of Corrections or a county probation
16    department, the sex offender evaluation shall be arranged
17    by and at the expense of the supervising agency. All
18    evaluations conducted on convicted or registered sex
19    offenders under this Act shall be conducted by sex
20    offender evaluators approved by the Sex Offender
21    Management Board.
22    (d) The Illinois State Police shall provide the Criminal
23History Report to a licensed forensic psychologist, a licensed
24clinical social worker, or a licensed clinical professional
25counselor. After (i) consideration of the Criminal History
26Report, (ii) consultation with the facility administrator or

 

 

HB5656- 10 -LRB103 31173 BMS 57986 b

1the facility medical director, or the administrator's or
2medical director's designee both, regarding the mental and
3physical condition of the identified offender, and (iii)
4reviewing the facility's file on the identified offender,
5including all incident reports, all information regarding
6medication and medication compliance, and all information
7regarding previous discharges or transfers from other
8facilities, the licensed forensic psychologist, licensed
9clinical social worker, or licensed clinical professional
10counselor shall prepare an Identified Offender Report and
11Recommendation. The Identified Offender Report and
12Recommendation shall detail whether and to what extent the
13identified offender's criminal history necessitates the
14implementation of security measures within the long-term care
15facility. If the identified offender is a convicted or
16registered sex offender or if the Identified Offender Report
17and Recommendation reveals that the identified offender poses
18a significant risk of harm to others within the facility, the
19offender shall be required to have his or her own room and a
20public bath within the facility.
21    (e) The licensed forensic psychologist, licensed clinical
22social worker, or licensed clinical professional counselor
23shall complete the Identified Offender Report and
24Recommendation within 14 business days after receiving the
25Criminal History Report and shall promptly provide the
26Identified Offender Report and Recommendation to the Illinois

 

 

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1State Police, which shall provide the Identified Offender
2Report and Recommendation to the following:
3        (1) The long-term care facility within which the
4    identified offender resides.
5        (2) The Chief of Police of the municipality in which
6    the facility is located.
7        (3) The State of Illinois Long Term Care Ombudsman.
8        (4) The Department of Public Health.
9    (e-5) The Department of Public Health shall keep a
10continuing record of all residents determined to be identified
11offenders as defined in Section 1-114.01 and shall report the
12number of identified offender residents annually to the
13General Assembly.
14    (f) The facility shall incorporate the Identified Offender
15Report and Recommendation into the identified offender's care
16plan created pursuant to 42 CFR 483.20.
17    (g) If, based on the Identified Offender Report and
18Recommendation, a facility determines that it cannot manage
19the identified offender resident safely within the facility,
20it shall commence involuntary transfer or discharge
21proceedings pursuant to Section 3-402.
22    (h) Except for willful and wanton misconduct, any person
23authorized to participate in the development of a Criminal
24History Report or Identified Offender Report and
25Recommendation is immune from criminal or civil liability for
26any acts or omissions as the result of his or her good faith

 

 

HB5656- 12 -LRB103 31173 BMS 57986 b

1effort to comply with this Section.
2(Source: P.A. 102-538, eff. 8-20-21.)